National Emergency Management Reform and Enhancement Act of 2006 - Title I: Emergency Management - (Sec. 101) Amends the Homeland Security Act of 2002 (the Act) to provide for the establishment within the Department of Homeland Security (DHS) of a Directorate of Emergency Management (DEM) (replacing the Directorate of Emergency Preparedness and Response). Requires DEM to be headed by an Under Secretary for Emergency Management and to include Deputy Under Secretaries for: (1) Emergency Preparedness and Mitigation; and (2) Emergency Response and Recovery. Directs the Under Secretary to serve as a Cabinet Officer during an Incident of National Significance.
Establishes: (1) in DEM a Regional Office of Emergency Management for each region of the United States; (2) in each Regional Office a Regional Advisory Council on Emergency Management. Lists: (1) core responsibilities of each Regional Director, including identifying critical gaps in regional capabilities to respond to the needs of at-risk communities; and (2) responsibilities of the Advisory Council, including to assist the Regional Director in establishing a process to secure goods and services through coordinated, pre-negotiated contracts by federal, state, local, and tribal governments.
Establishes in DHS a Chief Medical Officer, who shall report directly to the Under Secretary for Emergency Management and shall be the principal advisor of the Secretary of Homeland Security (Secretary) on medical and public health issues. Directs the Chief Medical Officer to establish a program to assess, monitor, and study the health and safety of emergency managers, response providers, and support providers following Incidents of National Significance declared by the Secretary under the National Response Plan. Requires the Secretary, acting through the Chief Medical Officer, to establish a National Biosurveillance Integration System, which shall be designed to rapidly detect a biological event that presents a risk to the United States or U.S. infrastructure or key assets.
Establishes within DEM: (1) an Office of State, Local, and Tribal Government Coordination; and (2) an Office of National Capital Region Coordination.
Directs the Secretary to: (1) establish the National Advisory Council on Emergency Management; and (2) at least biennially review, revise, or replace the National Response Plan, the National Incident Management System (NIMS), the National Preparedness Guidance, the National Preparedness Goal, the Targeted Capabilities List, the Universal Task List, the National Infrastructure Protection Plan, the National Planning Scenarios, and other national initiatives on acts of terrorism, natural disasters, and other emergencies that affect emergency managers, response providers, and support providers. Requires the National Advisory Council to report to the Secretary on recommendations for reviewing, revising, or replacing such national initiatives.
Prohibits the Secretary from reallocating functions among DEM officers or establishing, consolidating, altering, or discontinuing organizational units within DEM until 120 days after notifying Congress.
Establishes within DEM an Office of Grants and Planning and an Office of Training and Exercises. Transfers the Noble Training Center to the Center for Domestic Preparedness. Directs the Secretary, acting through the Assistant Secretary for Training and Exercises, to: (1) carry out a National Training Program to enhance emergency prevention, response, and recovery capabilities; and (2) establish a Remedial Action Management Program to identify and analyze training, exercises, and real-world events for lessons learned and best practices.
Directs the Secretary, acting through the Assistant Secretary for Grants and Planning, to: (1) regularly update essential capabilities for government emergency preparedness, considering threat, vulnerability, and consequences with respect to population, areas of high population density, critical infrastructure, coastlines, and international borders; and (2) require any state or urban area that submits an application for DHS homeland security assistance to maintain a catastrophic emergency plan. Requires each Regional Director for Emergency Management to develop a peer review process for any such plan submitted.
Directs the Secretary: (1) acting through the Under Secretary for Emergency Management in coordination with the Under Secretary for Science and Technology, to establish a System Assessment and Validation for Emergency Responders Program to provide evaluations and validations of critical emergency response provider-related equipment and systems; and (2) in assessing and validating personnel protective equipment, to coordinate with the Director of the National Institute for Occupational Safety and Health (NIOSH).
Directs the Secretary, acting through the Assistant Secretary for Training and Exercises, to establish a graduate-level Homeland Security Education Program in the National Capital Region to provide educational opportunities to government officials with homeland security and emergency management responsibilities.
Establishes in DEM: (1) an Office of Public and Community Preparedness; (2) a National Citizen Corps Council; and (3) a NIMS and NRP Integration Center (NIC), headed by a Director who shall report directly to the Deputy Under Secretary for Response and Recovery. Requires the Director to revise the NIMS and the National Response Plan not later than 90 days after enactment clarifying the roles and responsibilities of the Principal Federal Official, the Federal Coordinating Officer, the Federal Resource Coordinator, and the Disaster Recovery Manager and conforming the National Response Plan and NIMS to the provisions of this Act. Authorizes appropriations.
Requires the Secretary, acting through the Under Secretary for Emergency Management, to use national private sector networks and infrastructure for emergency response to the maximum extent practicable.
Directs the Nuclear Incident Response Team, in connection with actual or threatened emergencies in the United States, to operate as an organizational unit of DHS under the Secretary's direction.
Establishes in DEM a National Urban Search and Rescue Response System. Directs the Under Secretary for Emergency Management to establish an advisory committee to provide expert recommendations regarding administration of the System. Authorizes appropriations.
Establishes in DEM a Metropolitan Medical Response System. Directs the Secretary, acting through the Under Secretary, to make grants to administer the Emergency Management Assistance Compact. Authorizes appropriations.
Establishes in DEM an Office of Emergency Communications, which shall be under the authority of the Under Secretary for Emergency Management. Directs the Secretary, acting through the Assistant Secretary for Emergency Communications, to: (1) develop a National Emergency Communications Strategy to achieve interoperable emergency communications; (2) periodically assess governments; (3) report on progress in implementing and achieving goals; and (4) assess federal grants and standards programs managed by other federal agencies. Authorizes the Secretary, acting through the Assistant Secretary for Grants and Planning, to prohibit any government from using DHS homeland security assistance for interoperable emergency communications capabilities if such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan and if national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated within three years.
Establishes in each Regional Office a Regional Emergency Communications Coordination Working Group.
Establishes the Emergency Communications Preparedness Center, to be jointly operated by the Secretary, the Chairman of the Federal Communications Commission (FCC), the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other federal agencies.
Requires the Secretary to provide technical guidance, training, and other assistance to support the rapid establishment of effective interoperable emergency communications capabilities in the event of an emergency in urban and other high risk areas.
Directs the Secretary, acting through the Assistant Secretary for Emergency Communications, to develop and operate an integrated national public alert and warning system that incorporates legacy systems, which shall be operational within three years of enactment.
Requires the Secretary, acting through the Under Secretary for Emergency Management in coordination with Regional Directors, to establish: (1) a Prepositioned Equipment Program to preposition standardized emergency equipment in selected geographic areas to sustain and replenish critical assets used in response to, or rendered inoperable by the effects of, emergencies; and (2) a database that contains information about small businesses for purposes of federal contracting related to assistance activities.
Directs the Secretary, acting through the Under Secretary, to implement a program to provide training on the prevention and identification of waste, fraud, and abuse of federal assistance funds and services during emergencies.
Grants the Under Secretary the authority to enter into contracts for the delivery of necessary goods or services r for emergencies and to delegate such authority to a Regional Director for Emergency Management.
Establishes in DHS an Office of Infrastructure Protection, including an Integration Center which shall: (1) be staffed by that Office, the Office of Cybersecurity and Telecommunications, and the Office of Intelligence and Analysis; (2) be responsible for the integration of relevant threat, consequence, and vulnerability information, analysis, and assessments; and (3) develop and disseminate analytical products that combine homeland security information with critical infrastructure and key resource vulnerability and consequence information. Directs the Secretary to ensure that DHS makes full use of open-source information to analyze U.S. critical infrastructure from the perspective of terrorists using publicly available information.
Establishes in DHS an Office of Cybersecurity and Telecommunications, headed by an Assistant Secretary for Cybersecurity and Telecommunications. Directs the Secretary to: (1) submit an annual report on programs of such Office and the specific funding requirements of each priority of the Secretary; and (2) the President to nominate (within 90 days) an individual to serve as such Assistant Secretary.
(Sec. 102) Directs the Secretary of Homeland Security to establish in DHS a Gulf Coast Long-Term Recovery Office to administer amounts available to DHS for providing assistance to Gulf Coast region residents for recovering from Hurricanes Katrina and Rita.
(Sec. 103) Amends the Public Health Service Act to authorize appropriations for operations of the National Disaster Medical System. Requires the Chief Medical Officer to report on the need to expand the System, the relationship between the System and the Metropolitan Medical Response System, coordination between DHS and the Department of Health and Human Services (HHS) during deployment, and whether the System should remain in DHS.
(Sec. 104) Requires the Director of the Office of Interoperability and Compatibility to support the creation of national voluntary consensus standards for interoperable emergency communications, test and deploy public safety communications system that are less costly and prone to failure than existing systems, and work with the private sector to develop solutions to improve emergency communications capabilities and interoperability.
(Sec. 105) Permits financial assistance provided to governments by the Secretary for prevention activities to be used to hire new staff and contractors to serve as intelligence analysts to facilitate information and intelligence sharing activities.
(Sec. 106) Redesignates the Directorate for Information Analysis and Infrastructure Protection as the Office of Intelligence and Analysis (headed by the Under Secretary for Intelligence and Analysis).
(Sec. 107) Authorizes the Secretary to enter into an arrangement for the National Academy of Public Administration to study the implementation of organizational changes to DHS made by this Act and to provide assistance in the creation and implementation of DEM.
(Sec. 108) Directs the Comptroller General to submit reports on the overall inventory, status, and coordination of training programs for federal emergency response providers.
(Sec. 109) Authorizes the use of financial assistance provided governments by the Secretary under the State Homeland Security Grant program, the Urban Area Security Initiative, and the Law Enforcement Terrorism Prevention Program to assist public elementary and secondary schools in developing and implementing programs to instruct students with age-appropriate skills for emergencies.
(Sec. 110) Expresses the sense of Congress that in carrying out DHS responsibilities and authorities relating to the SAFECOM Program, the Assistant Secretary of Homeland Security for Emergency Communications should work with the National Institute of Standards and Technology (NIST) to implement the Project 25 Compliance Assessment Program.
(Sec. 111) Directs the Secretary, acting through the Assistant Secretary for Training and Exercises and in coordination and cooperation with government agencies responsible for pandemic influenza preparedness and response, to conduct a full-scale, national exercise to test the effectiveness and implementation of the National Strategy for Pandemic Influenza.
(Sec. 112) Requires the Under Secretary for Emergency Management to direct the Regional Director for Emergency Management for a region having significant risk of both terrorism and catastrophic national disaster to establish a public-private sector planning and response pilot program, under which the Regional Director shall designate emergency managers and private sector individuals to identify critical resources and key individuals.
(Sec. 113) Authorizes appropriations for the Emergency Management Performance Grants Program.
(Sec. 114) Expands the definition of "emergency response provider." Sets forth definitions for "emergency management," "prevention," and "emergency support providers."
Title II: Fraud, Waste, and Abuse Prevention - (Sec. 201) Amends the Act to direct the Secretary, acting through the Under Secretary for Emergency Management, to ensure that: (1) all DEM programs administering federal assistance develop and maintain proper internal management controls to prevent and detect fraud, waste, and abuse; (2) DEM databases used to collect information on eligible recipients record disbursements and are integrated with the disbursements and payments records; and (3) such tracking is designed to identify ineligible applications. Sets forth audit and review, certification, and reporting requirements.
(Sec. 202) Directs the Under Secretary to: (1) assess the role that Independent Private Sector Inspectors General played in preventing waste, fraud, and abuse in contracts for goods or services purchased or commissioned after the September 11, 2001, terrorist attacks; and (2) report to Congress and post the report on the primary agency public access website.
(Sec. 203) Requires: (1) each entity that receives federal assistance funds in response to emergencies to report on its expenditures six months after the initial disbursement of resources; (2) the Under Secretary to determine whether such reporting requirement duplicates or can be combined with other reporting requirements; and (3) each federal agency that disburses federal assistance in response to an emergency to report to the DHS Inspector General on the expenditure of such funds.
(Sec. 204) Requires any agency that disburses federal assistance for emergencies to make reasonable efforts to confirm the identity and eligibility of applicants without placing undue burden on them.
(Sec. 205) Establishes in DHS's Office of Inspector General the position of Deputy Inspector General for Response and Recovery. Directs the Deputy Inspector General to ensure that not more than 48 hours after a terrorist attack, natural disaster, or other national emergency the Office institutes and publicizes a Fraud Tip Line to facilitate the collection of allegations of waste, fraud, and abuse of federal assistance funds. Requires all agencies receiving or distributing such funds to maintain budgetary procedures to distinguish funds related to response and relief efforts from other agency funds. Authorizes appropriations.
(Sec. 206) Prohibits knowingly using the name, initials, insignia, and seal of DHS for commercial or other specified purposes, except with the Secretary's written permission.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5351 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5351
To amend Homeland Security Act of 2002 to establish a Directorate of
Emergency Management, to codify certain existing functions of the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Mr. Reichert (for himself, Mr. Pascrell, Mr. McCaul of Texas, Mr.
Etheridge, Mr. King of New York, Mr. Thompson of Mississippi, Mr.
Shays, Ms. Loretta Sanchez of California, Mr. Daniel E. Lungren of
California, Ms. Harman, Mr. Simmons, Mrs. Christensen, Mr. Rogers of
Alabama, Mr. Langevin, Mr. Pearce, Ms. Ginny Brown-Waite of Florida,
Mr. Butterfield, Mr. Rogers of Kentucky, Mr. Sweeney, Mr. McHenry, Miss
McMorris, Mr. Fortenberry, Mr. Schwarz of Michigan, Mr. Carter, and Mr.
Meek of Florida) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure, and in addition to
the Committees on Homeland Security, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend Homeland Security Act of 2002 to establish a Directorate of
Emergency Management, to codify certain existing functions of the
Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Emergency
Management Reform and Enhancement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY MANAGEMENT
Sec. 101. Directorate of Emergency Management.
Sec. 102. Gulf Coast Long-Term Recovery Office.
Sec. 103. National Disaster Medical System.
Sec. 104. Office of Interoperability and Compatibility.
Sec. 105. Intelligence analysts.
Sec. 106. Redesignation of Directorate for Information Analysis and
Infrastructure Protection.
Sec. 107. National Academy of Public Administration study on
implementation of organizational reforms.
Sec. 108. GAO reports on an inventory and status of homeland security
training.
Sec. 109. Definitions.
Sec. 110. Conforming amendments.
TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION
Sec. 201. Fraud, waste, and abuse controls.
Sec. 202. Assessment and report regarding utilization of Independent
Private Sector Inspectors General.
Sec. 203. Enhanced accountability for Federal assistance.
Sec. 204. Enhanced information sharing among Federal agencies to
prevent fraud, waste, and abuse.
Sec. 205. Deputy Inspector General for Response and Recovery.
Sec. 206. Protection of Department of Homeland Security official seal
and insignia.
TITLE I--EMERGENCY MANAGEMENT
SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT.
(a) Establishment.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended to read as follows:
``TITLE V--EMERGENCY MANAGEMENT
``Subtitle A--Directorate of Emergency Management
``SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT.
``(a) Under Secretary for Emergency Management.--
``(1) In general.--There is in the Department a Directorate
of Emergency Management. The head of the Directorate is the
Under Secretary for Emergency Management, who shall be
appointed by the President, by and with the advice and consent
of the Senate.
``(2) Qualifications.--The individual appointed as Under
Secretary shall possess a demonstrated ability in and knowledge
of emergency management and homeland security.
``(3) Responsibilities.--The Under Secretary shall assist
the Secretary in discharging the responsibilities under section
502.
``(b) Deputy Under Secretary for Emergency Preparedness and
Mitigation.--
``(1) In general.--There is in the Department a Deputy
Under Secretary for Emergency Preparedness and Mitigation, who
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--The individual appointed as Deputy
Under Secretary shall possess a demonstrated ability in and
knowledge of emergency preparedness and mitigation.
``(3) Responsibilities.--The Deputy Under Secretary for
Emergency Preparedness and Mitigation shall assist the Under
Secretary for Emergency Management in discharging the
responsibilities of the Under Secretary.
``(c) Deputy Under Secretary for Emergency Response and Recovery.--
``(1) In general.--There is in the Department a Deputy
Under Secretary for Emergency Response and Recovery, who shall
be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--The individual appointed as Deputy
Under Secretary shall possess a demonstrated ability in and
knowledge of emergency response and recovery.
``(3) Responsibilities.--The Deputy Under Secretary for
Emergency Response and Recovery shall assist the Under
Secretary for Emergency Management in discharging the
responsibilities of the Under Secretary.
``(d) Assistant Secretaries for Emergency Management.--There are in
the Department the following Assistant Secretaries, who shall be
appointed by the President, by and with the advice and consent of the
Senate:
``(1) An Assistant Secretary for Grants and Planning, who
shall report directly to the Deputy Under Secretary for
Emergency Preparedness and Mitigation.
``(2) An Assistant Secretary for Training and Exercises,
who shall report directly to the Deputy Under Secretary for
Emergency Preparedness and Mitigation.
``(3) An Assistant Secretary for Emergency Communications,
who shall report directly to the Under Secretary for Emergency
Management.
``(4) An Assistant Secretary for Infrastructure Protection,
who shall report directly to the Under Secretary for Emergency
Management.
``(5) An Assistant Secretary for Cybersecurity and
Telecommunications, who shall report directly to the Under
Secretary for Emergency Management.
``SEC. 502. RESPONSIBILITIES OF THE UNDER SECRETARY.
``(a) Responsibilities.--Subject to the direction and control of
the Secretary, the Under Secretary for Emergency Management shall have
the primary responsibility within the executive branch of Government
for preparing for, mitigating against, responding to, and recovering
from acts of terrorism, natural disasters, and other emergencies. Such
responsibilities shall include the following:
``(1) Serving as the Secretary's principal advisor on
emergency preparedness, mitigation, response, and recovery
issues.
``(2) Carrying out all functions and authorities prescribed
by the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(3) Coordinating the Federal response to acts of
terrorism, natural disasters, or other emergencies, including
coordination of--
``(A) the National Emergency Response Team;
``(B) the deployment of the Strategic National
Stockpile;
``(C) the National Disaster Medical System;
``(D) the Nuclear Incident Response Team (when
operating as an organizational unit of the Department
pursuant to this title);
``(E) the Metropolitan Medical Response System;
``(F) the Urban Search and Rescue System;
``(G) Federal Incident Response Support Teams;
``(H) Management Support Teams; and
``(I) the Mobile Emergency Response System.
``(4) Overseeing and directing all of the activities of the
Directorate.
``(5) Develop for each fiscal year, and submit directly to
the President, a prepared budget for the Directorate.
``(6) Coordinating emergency preparedness, mitigation,
response, and recovery activities throughout the Department.
``(7) Leading the development of an integrated national
emergency management system.
``(8) Coordinating preparedness, mitigation, response, and
recovery efforts at the Federal level.
``(9) Working with all State, local, tribal, and private
sector emergency response providers and emergency response
support providers on all matters pertaining to acts of
terrorism, natural disasters, and other emergencies, including
training, exercises, and lessons learned.
``(10) Implementing national strategies and policies in all
matters pertaining to emergency management and the protection
of critical infrastructure.
``(11) Establishing priorities for directing, funding, and
conducting national preparedness programs, activities, and
services for preventing, protecting against, mitigating
against, responding to, and recovering from acts of terrorism,
natural disasters, and other emergencies.
``(12) Coordinating communications and systems of
communications relating to homeland security by and between all
levels of government.
``(13) Directing and supervising homeland security
financial assistance awarded by the Department to State, local,
and tribal governments.
``(14) Serving as an advocate for emergency preparedness
across all government sectors, the private sector, and the
public.
``(15) Helping to ensure the acquisition of operable and
interoperable communications capabilities by Federal, State,
and local governments and emergency response providers.
``(16) Aiding the recovery from acts of terrorism, natural
disasters, and other emergencies.
``(17) Minimizing, to the extent practicable, overlapping
planning and reporting requirements applicable to State, local,
and tribal governments.
``(18) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(b) Functions Transferred.--
``(1) Transfer.--There are transferred to the Under
Secretary for Emergency Management--
``(A) the functions, personnel, assets, and
liabilities of the Federal Emergency Management Agency;
and
``(B) the functions, personnel, assets, and
liabilities of the Directorate of Preparedness.
``(2) Responsibilities.--The Under Secretary shall carry
out the responsibilities of the Director of the Federal
Emergency Management Agency and the responsibilities of the
Under Secretary for Preparedness.
``(c) Performance of Previously Transferred Functions.--The
Secretary shall perform the functions of the following entities through
the Under Secretary for Emergency Management:
``(1) The Integrated Hazard Information System (which the
Secretary shall rename `FIRESAT') of the National Oceanic and
Atmospheric Administration.
``(2) The National Domestic Preparedness Office of the
Federal Bureau of Investigation, including the functions of the
Attorney General relating thereto.
``(3) The Domestic Emergency Response Teams of the
Department of Justice, including the functions of the Attorney
General relating thereto.
``(4) The Office of Emergency Preparedness, the National
Disaster Medical System, and the Metropolitan Medical Response
System of the Department of Health and Human Services,
including the functions of the Secretary of Health and Human
Services and the Assistant Secretary for Public Health
Emergency Preparedness relating thereto.
``(5) The United States Fire Administration and the United
States Fire Academy.
``(d) Reprogramming.--The Secretary may not reprogram any funds
allocated to the Directorate of Emergency Management without approval
by the Congress.
``(e) Sufficiency of Resources.--The Secretary shall provide to the
Under Secretary for Emergency Management the resources and staff
necessary to carry out the responsibilities of the Directorate of
Emergency Management under this section.
``SEC. 503. PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.
``(a) In General.--The Under Secretary for Emergency Management
shall serve as the principal advisor to the President for all matters
pertaining to emergency management in the United States.
``(b) Cabinet Status.--During the effective period of an Incident
of National Significance declared by the Secretary under the National
Response Plan, the Under Secretary for Emergency Management shall serve
as a Cabinet Officer for the duration of such Incident of National
Significance.
``(c) Retention of Authority.--Nothing in this section shall be
construed as affecting the authority of the Secretary under this Act.
``SEC. 504. REGIONAL OFFICES.
``(a) In General.--In accordance with section 706, there is in the
Directorate a Regional Office of Emergency Management for each region
of the United States.
``(b) Management of Regional Offices.--
``(1) Regional director.--Each Regional Office shall be
headed by a Regional Director for Emergency Management, who
shall be appointed by the Secretary, in consultation with
State, local, and tribal governments in the region. Except as
provided in subsection (c)(3), each Regional Director for
Emergency Management shall report directly to the Under
Secretary for Emergency Management.
``(2) Deputy regional director.--There shall be in each
Regional Office a Deputy Regional Director for Emergency
Management, who shall be appointed by the Secretary, in
consultation with State, local, and tribal governments in the
region. The Deputy Regional Director for Emergency Management
for a Regional Office shall report directly to the Regional
Director for Emergency Management for that Regional Office.
``(3) Qualifications.--Each individual appointed as
Regional Director or Deputy Regional Director for Emergency
Management must possess a demonstrated ability in and knowledge
of emergency management and possess familiarity with the
geographical area served by the Regional Office.
``(c) Responsibilities.--
``(1) In general.--Subject to the direction and control of
the Secretary and in consultation with the Regional Advisory
Council on Emergency Management under subsection (e), each
Regional Director for Emergency Management shall work in
partnership with State, local, and tribal governments,
emergency managers, emergency response providers, emergency
response support providers, the private sector, non-
governmental organizations, multi-jurisdictional councils of
governments, and regional planning commissions and
organizations in the geographical area served by the Regional
Office to carry out the responsibilities under this section.
``(2) Ordinary responsibilities.--The ordinary
responsibilities of each Regional Director are as follows:
``(A) Ensuring coordination and integration of
regional preparedness, mitigation, response, and
recovery activities and programs, including planning,
training, exercises, and professional development.
``(B) Participating in regional emergency
management activities.
``(C) Identifying critical gaps in preparedness and
reporting such gaps to the Assistant Secretary for
Grants and Planning.
``(D) Identifying critical gaps in critical
infrastructure and reporting such gaps to the Assistant
Secretary for Infrastructure Protection.
``(E) Organizing, in consultation with the
Assistant Secretary for Training and Exercises,
regional training and exercise programs.
``(F) Facilitating the dissemination and
implementation of lessons learned and best practices.
``(G) Improving general information sharing and
other forms of coordination.
``(H) Encouraging, in coordination with the
Director of the Office of Public and Community
Preparedness, public and community preparedness
efforts.
``(I) Assisting in the development of regional
capabilities needed for a national catastrophic
response system.
``(J) Monitoring, in coordination with the
Assistant Secretary for Grants and Planning, the use of
Federal homeland security assistance awarded by the
Department to State, local, and tribal governments.
``(K) Pre-identifying Joint Field Office locations
in areas with large populations or in areas at high
risk to acts of terrorism, natural disasters, or other
emergencies.
``(L) Fostering the development of mutual aid and
other cooperative agreements pertaining to emergency
management.
``(M) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(3) Incidents of national significance.--
``(A) Appointment of regional director as principal
federal official or federal coordinating officer.--
During the effective period of an Incident of National
Significance declared by the Secretary under the
National Response Plan, if the Regional Director is
appointed Principal Federal Official or Federal
Coordinating Officer, the Deputy Regional Director
shall assume the responsibilities of the Regional
Director during such incident.
``(B) Responsibilities of principal federal
official.--In addition to the responsibilities of the
Principal Federal Official under the National Response
Plan, such Official shall, with respect to the Incident
of National Significance--
``(i) establish and direct a Joint Field
Office and any other coordination structure
that is needed for such incident;
``(ii) possess the authority to make any
necessary operational decisions, in accordance
with existing Federal law, without obtaining
approval from the Secretary;
``(iii) coordinate and direct, as
appropriate, Federal response assets deployed
within the operational area;
``(iv) serve as the primary point of
contact between the Department, the Department
of Defense, and States for contingency
planning; and
``(v) act as the primary point of contact
and situational awareness locally for the
Secretary of Homeland Security.
``(d) Training and Exercise Requirements.--
``(1) Training.--The Secretary shall require each Regional
Director and Deputy Regional Director for Emergency Management
to complete Principal Federal Officer training not later than
60 days after the date on which the Regional Director or Deputy
Regional Director is appointed. In addition, the Secretary
shall require each Regional Director and Deputy Regional
Director to periodically, but not less than annually, undergo
specific training to complement the qualifications of the
Regional Director or Deputy Regional Director. Such training
shall include training with respect to the National Incident
Management System, the National Response Plan, and such other
subjects as determined by the Secretary.
``(2) Exercises.--The Secretary shall require each Regional
Director and Deputy Regional Director for Emergency Management
to regularly participate in regional or national exercises.
``(e) Regional Advisory Councils on Emergency Management.--
``(1) Establishment.--There is in each Regional Office a
Regional Advisory Council on Emergency Management. Each
Advisory Council shall report to the Regional Director of the
Regional Office.
``(2) Membership.--
``(A) The Regional Director shall appoint the
following members to the Advisory Council of that
Regional Director's Regional Office--
``(i) subject matter experts from across
the Federal Government, including
representatives from the Departments of
Defense, Energy, Health and Human Services, and
Transportation;
``(ii) subject matter experts from
components of the Directorate, including the
Offices of Grants and Planning, Training and
Exercises, Public and Community Preparedness,
Infrastructure Protection, Response, and
Recovery;
``(iii) subject matter experts from other
components of the Department, including the
Coast Guard, United States Customs and Border
Protection, Immigration and Customs
Enforcement, the Transportation Security
Administration, and the United States Secret
Service;
``(iv) subject matter experts representing
emergency response providers and emergency
response support providers; and
``(v) subject matter experts from the
private sector.
``(B) State, local, and tribal governments within
the geographic area served by the Regional Office shall
appoint officials, including Adjutants General and
emergency managers, as members of the Advisory Council.
``(3) Terms of office.--
``(A) In general.--The term of office of each
member of the Advisory Council shall be 3 years.
``(B) Initial appointments.--Of the members
initially appointed to the 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.
``(4) Chair.--At the first meeting of the Advisory Council,
the members of the Advisory Council appointed under paragraph
(2) shall elect a chair of the Advisory Council.
``(5) Meetings.--The Advisory Council shall meet at least
biennially at the call of the chair. Each member shall be given
appropriate notice of the call of each meeting, whenever
possible not less than 15 days before the meeting.
``(6) Regional factors.--The size and composition of each
Advisory Council shall be determined by--
``(A) the size of the region associated with the
Advisory Council;
``(B) the propensity of that region to experience
natural disasters and other emergencies;
``(C) the risk of acts of terrorism within the
region; and
``(D) State, local, and tribal preparedness, as
measured against the National Preparedness Goal.
``(7) Responsibilities.--The Advisory Council shall carry
out the following responsibilities:
``(A) Advise the Regional Director on emergency
management issues specific to that region.
``(B) Identify any geographic, demographic, or
other characteristics peculiar to any State, local, or
tribal government within the region that might make
preparedness, mitigation, response, or recovery more
complicated or difficult.
``(C) Advise the Regional Director on developing a
process of peer review for catastrophic emergency plans
submitted under section 524.
``(D) Advise the Regional Director of any
weaknesses or deficiencies in preparedness, mitigation,
response, and recovery for any State, local, or tribal
government within the region of which the Advisory
Council is aware.
``(E) Provide recommendations on other matters
pertaining to emergency management.
``(F) Provide such advice as the Regional Director
requests.
``(f) Coordination.--Each Regional Director for Emergency
Management shall coordinate all activities conducted under this section
with other Federal departments and agencies, and shall not have
authority over other agencies of the Department, including the Coast
Guard, the United States Customs and Border Protection, Immigration and
Customs Enforcement, the Transportation Security Administration, or the
United States Secret Service.
``(g) Retention of Authorities.--
``(1) Federal coordinating officer.--Nothing in this
section shall be construed as affecting any authority of the
Federal Coordinating Officer under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et
seq.).
``(2) State, local, and tribal governments.--Nothing in
this section shall be construed as limiting the power of State,
local, and tribal governments.
``(h) Deadline and Use of Existing Offices.--
``(1) Deadline.--The Secretary shall establish the Regional
Offices required under this section not later than one year
after the date of the enactment of National Emergency
Management Reform and Enhancement Act of 2006.
``(2) Use of existing field offices.--In establishing the
Regional Offices required under this section, the Secretary
shall, to the extent practicable, co-locate and consolidate
field offices of the Department that are in existence as of the
date of the enactment of such Act and use the regional offices
of the Federal Emergency Management Agency that are in
existence as of that date as the foundation for the Regional
Offices required under this section.
``SEC. 505. 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. The Chief Medical Officer shall
report directly to the Under Secretary for Emergency Management.
``(b) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to acts of terrorism, natural disasters, and other emergencies,
including the following:
``(1) Serving as the Secretary's principal advisor on
medical and public health issues.
``(2) Coordinating the biosurveillance and detection
activities of the Department.
``(3) Ensuring that decision support tools link
biosurveillance and detection information to near real-time
response actions at the State, local, and tribal level.
``(4) Ensuring internal and external coordination of all
medical preparedness and response activities of the Department,
including training, exercises, and equipment support.
``(5) Serving as the Department's primary point of contact
with the Departments of Agriculture, Defense, Health and Human
Services, Transportation, and Veterans Affairs, and other
Federal departments or agencies, on medical and public health
issues.
``(6) Serving as the Department's primary point of contact
with respect to medical and public health matters.
``(7) Discharging, in coordination with the Under Secretary
for Science and Technology, responsibilities of the Department
related to Project Bioshield.
``(8) Establishing doctrine and priorities for the National
Disaster Medical System and supervising its medical components,
consistent with the National Response Plan and the National
Incident Management System.
``(9) Establishing doctrine and priorities for the
Metropolitan Medical Response System, consistent with the
National Response Plan and the National Incident Management
System.
``(10) Assessing and monitoring long-term health issues of
emergency response providers and emergency response support
providers.
``(11) Developing and updating guidelines for State, local,
and tribal governments for medical response plans for chemical,
biological, radiological, nuclear, or explosive weapon attacks.
``(12) Identifying, in consultation with the Secretary of
Health and Human Services, appropriate medical equipment and
supplies for inclusion in the force packages under the
Prepositioned Equipment Program under section 581.
``(13) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(c) Deputy.--There is in the Department a Deputy Chief Medical
Officer, who shall be appointed by the Secretary and who shall assist
the Chief Medical Officer in carrying out the responsibilities under
subsection (b).
``(d) Long-Term Health Assessment Program.--
``(1) In general.--The Chief Medical Officer, in
consultation with the Director of the National Institute for
Occupational Safety and Health, shall establish a program to
assess, monitor, and study the health and safety of emergency
response providers and emergency response support providers
following Incidents of National Significance declared by the
Secretary under the National Response Plan.
``(2) Cooperative agreements.--In carrying out the program
under this subsection, the Chief Medical Officer shall enter
into cooperative agreements, as necessary, with medical
institutions in the areas affected by such Incidents of
National Significance.
``SEC. 506. OFFICE OF STATE, LOCAL, AND TRIBAL GOVERNMENT COORDINATION.
``(a) Establishment.--There is in the Directorate of Emergency
Management an Office of State, Local, and Tribal Government
Coordination to oversee and coordinate programs of the Directorate for
and relationships with national organizations representing State,
local, and tribal governments.
``(b) Director.--The Office shall be headed by a Director, who
shall be appointed by the Secretary.
``(c) Responsibilities.--The Director of the Office of State,
Local, and Tribal Government Coordination shall, in consultation with
the Regional Directors for Emergency Management appointed under section
504(b), carry out the following responsibilities:
``(1) Coordinating the activities of the Directorate
relating to State, local, and tribal government.
``(2) Assessing and advocating for the resources needed by
State, local, and tribal governments to prevent, prepare for,
respond to, mitigate against, and recover from acts of
terrorism, natural disasters, and other emergencies.
``(3) Providing State, local, and tribal governments with
regular information, research, and technical support to assist
local efforts in securing the homeland.
``(4) Developing a process for receiving meaningful and
timely consultation from State, local, and tribal governments
to assist in the development of an integrated national
emergency management system.
``(5) Scheduling regular meetings with representatives
selected by State, local, and tribal governments.
``(6) Ensuring the coordination of the planning and
reporting requirements imposed on State, local, and tribal
governments by the Directorate.
``SEC. 507. OFFICE OF NATIONAL CAPITAL REGION COORDINATION.
``(a) Establishment.--
``(1) In general.--There is in the Directorate of Emergency
Management the Office of National Capital Region Coordination,
to oversee and coordinate Federal programs for and
relationships with State, local, and regional authorities in
the National Capital Region, as defined under section
2674(f)(2) of title 10, United States Code.
``(2) Director.--The Office shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report directly to the Under Secretary for Emergency
Management.
``(3) Cooperation.--The Secretary shall cooperate with the
Mayor of the District of Columbia, the Governors of Maryland
and Virginia, and other State, local, and regional officers in
the National Capital Region to integrate the District of
Columbia, Maryland, and Virginia into the planning,
coordination, and execution of the activities of the Federal
Government for the enhancement of domestic preparedness for
acts of terrorism, natural disasters, and other emergencies.
``(b) Responsibilities.--The Director of the Office of National
Capital Region Coordination shall carry out the following
responsibilities:
``(1) Overseeing and coordinating the activities of the
Department relating to the National Capital Region, including
cooperation with the Office for State, Local, and Tribal
Government Coordination.
``(2) Assessing and advocating for the resources needed by
State, local, and regional authorities in the National Capital
Region to implement efforts to secure the homeland.
``(3) Providing State, local, and regional authorities in
the National Capital Region with regular information, research,
and technical support to assist the efforts of State, local,
and regional authorities in the National Capital Region in
securing the homeland.
``(4) Developing a process for receiving meaningful input
from State, local, and regional authorities and the private
sector in the National Capital Region to assist in the
development of the homeland security plans and activities of
the Federal Government.
``(5) Coordinating with Federal agencies in the National
Capital Region on emergency preparedness to ensure adequate
planning, information sharing, training, and execution of the
Federal role in domestic preparedness activities.
``(6) Coordinating with Federal, State, local, and regional
agencies and private sector entities in the National Capital
Region on emergency preparedness to ensure adequate planning,
information sharing, training, and execution of domestic
preparedness activities among such agencies and entities.
``(7) Serving as a liaison between the Federal Government
and State, local, and regional authorities and private sector
entities in the National Capital Region to facilitate access to
Federal grants and other programs.
``(c) Annual Report.--The Director shall submit to Congress an
annual report that includes the following:
``(1) The identification of any resources required to fully
implement homeland security efforts in the National Capital
Region.
``(2) An assessment of the progress made by the National
Capital Region in implementing homeland security efforts.
``(3) The recommendations of the Director with respect any
additional resources needed to fully implement homeland
security efforts in the National Capital Region.
``(d) Limitation.--Nothing in this section shall be construed as
limiting the power of any State, local, or tribal government.
``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT.
``(a) Establishment.--Not later than 60 days after the date of the
enactment of this section, the Secretary shall establish an advisory
body pursuant to section 871(a), to be known as the National Advisory
Council on Emergency Management.
``(b) Responsibilities.--The Advisory Council shall assist the
Secretary in implementing subsection (c).
``(c) Requirement to Review, Revise, or Replace Certain
Documents.--The Secretary shall periodically, but not less than
biennially, review, revise, or replace--
``(1) the National Response Plan;
``(2) the National Incident Management System;
``(3) the National Preparedness Guidance;
``(4) the National Preparedness Goal;
``(5) the Targeted Capabilities List;
``(6) the Universal Task List;
``(7) the National Infrastructure Protection Plan;
``(8) the National Planning Scenarios;
``(9) any successor to any document under any of paragraphs
(1) through (8); and
``(10) any other national initiatives on acts of terrorism,
natural disasters, and other emergencies that affects emergency
response providers and emergency response support providers as
necessary.
``(d) Report.--
``(1) In general.--Not later than 1 year after the date on
which the Advisory Council is established under subsection (a),
and not later than every 2 years thereafter, the Advisory
Council shall submit to the Secretary a report on the
recommendations of the Advisory Council for reviewing,
revising, or replacing such national initiatives.
``(2) Contents.--Each report shall--
``(A) include a priority ranking of essential
capabilities for emergency preparedness in order to
provide guidance to the Secretary and to the Congress
on determining the appropriate allocation of, and
funding levels for, the needs of emergency response
providers;
``(B) set forth a methodology by which any State,
local, or tribal government will be able to determine
the extent to which it possesses or has access to the
essential capabilities that State, local, and tribal
governments having similar risks should obtain;
``(C) describe the availability of national
voluntary consensus standards, and whether there is a
need for new national voluntary consensus standards,
with respect to training and equipment for emergency
response providers;
``(D) include such additional matters as the
Secretary may specify in order to further the emergency
preparedness capabilities of emergency response
providers; and
``(E) include such revisions to the contents of
previous reports as are necessary to take into account
changes in the most current risk assessment prepared by
and available from the Chief Intelligence Officer and
the Assistant Secretary for Infrastructure Protection
or other relevant information as determined by the
Secretary.
``(3) Consistency with federal working group.--The Advisory
Council shall ensure that its recommendations for essential
capabilities for emergency preparedness are, to the extent
feasible, consistent with any preparedness goals or
recommendations of the Federal working group established under
section 319F(a) of the Public Health Service Act (42 U.S.C.
247d-6(a)).
``(e) Membership.--
``(1) In general.--The Advisory Council shall consist of 30
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic (including urban and rural)
and substantive cross section of emergency managers, emergency
response providers, and emergency response support providers
from State, local, and tribal governments, including as
appropriate--
``(A) members selected from the emergency
management and response fields, including fire service,
law enforcement, hazardous materials response,
emergency medical services, and emergency management
personnel;
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals,
including--
``(i) experts in emergency health care
response to chemical, biological, radiological,
and nuclear terrorism;
``(ii) experts in providing mental health
care during emergency response operations; and
``(iii) experts in stockpiling medical
equipment and supplies and medical logistics;
``(C) experts from Federal, State, and local
governments, and the private sector, representing
standards-setting organizations, including
representation from the voluntary consensus codes and
standards development community, particularly those
with expertise in the emergency preparedness and
response field;
``(D) State and local officials with expertise in
terrorism preparedness and emergency management,
including Adjutants General, subject to the condition
that if any such official is an elected official
representing one of the two major political parties, an
equal number of elected officials shall be selected
from each such party; and
``(E) members selected from the emergency response
support field, including public works, utilities, and
transportation personnel who are routinely engaged in
emergency response.
``(2) Coordination with the departments of health and human
services and transportation.--In the selection of members of
the Advisory Council who are health or emergency medical
services professionals, the Secretary shall coordinate such
selection with the Secretaries of Health and Human Services and
Transportation.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Department to serve as ex officio
members of the Advisory Council. One of the ex officio members
from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory Committee
Act (5 App. U.S.C.).
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), the term of office of each member of
the Advisory Council shall be 3 years.
``(B) Initial appointments.--Of the members
initially appointed to the 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.
``(f) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of
section 10 of such Act, and section 552b(c) of title 5, United
States Code, shall apply to the Advisory Council.
``(2) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Council.
``SEC. 509. REORGANIZATION OF DIRECTORATE.
``The Secretary may not allocate or reallocate functions among the
officers of the Directorate of Emergency Management or establish,
consolidate, alter, or discontinue organizational units within the
Directorate of Emergency Management under the authority of section 872
until the date that is 120 days after the date on which the Secretary
submits to Congress a report describing the proposed allocation,
reallocation, establishment, consolidation, alteration or
discontinuance.
``Subtitle B--Emergency Preparedness
``SEC. 521. OFFICE OF GRANTS AND PLANNING.
``(a) In General.--There is in the Department an Office of Grants
and Planning under the authority of the Under Secretary for Emergency
Management.
``(b) Assistant Secretary.--The head of the office shall be the
Assistant Secretary for Grants and Planning.
``(c) Responsibilities.--The Assistant Secretary for Grants and
Planning shall carry out the following responsibilities:
``(1) Administering Department grant programs that enhance
the capacity of State, regional, local, and tribal governments
to prevent, prepare for, mitigate against, respond to, and
recover from acts of terrorism, natural disasters, and other
emergencies.
``(2) Ensuring coordination of the homeland security
assistance programs of the Federal Government.
``(3) Establishing incentives for the efficient
administration of Federal homeland security assistance.
``(4) Evaluating the effectiveness of funded Department
programs and disseminating lessons learned, as appropriate.
``(5) Reviewing and revising, in consultation with the NIC
(as that term is used in section 541) and the National Advisory
Council on Emergency Management, on a periodic basis, but not
less than biennially, preparedness documents and capabilities-
based planning tools, related to catastrophic acts of
terrorism, natural disasters, and other emergencies,
including--
``(A) the National Preparedness Goal;
``(B) the Targeted Capabilities List;
``(C) the Universal Task List;
``(D) the National Planning Scenarios; and
``(E) any other document or tool in support of
Homeland Security Presidential Directive 8 or any other
Homeland Security Presidential Directive related to the
national emergency management system.
``(6) Establishing, in coordination with State, local, and
tribal governments, a clear and accountable process for
achieving, maintaining, and enhancing national preparedness for
catastrophic acts of terrorism, natural disasters, and other
emergencies.
``(7) Providing technical assistance to State, local, and
tribal governments on catastrophic planning and preparedness.
``(8) Developing performance measures and metrics for
assessing national preparedness.
``(9) Assessing, on a periodic basis, but not less than
annually, the effectiveness of preparedness capabilities at the
Federal, State, local, and tribal levels.
``(10) Developing priorities for Federal homeland security
assistance to State, local, and tribal governments on the basis
of such periodic assessments.
``(11) Implementing a shared resource planning system to
facilitate collaborative plan development.
``(12) Reviewing, in coordination with appropriate Federal
departments and agencies, all Federal preparedness activities.
``(13) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(d) Annual Status Reports.--Not later than 60 days after the last
day of each fiscal year, the Secretary shall provide to Congress a
status report on the Nation's level of preparedness during that fiscal
year, including State, local, and tribal capabilities, the readiness of
Federal response assets, the utilization of mutual aid, and an
assessment of how the Federal homeland security assistance programs
support the National Preparedness Goal.
``SEC. 522. OFFICE OF TRAINING AND EXERCISES.
``(a) In General.--There is in the Department an Office of Training
and Exercises under the authority of the Under Secretary for Emergency
Management.
``(b) Assistant Secretary.--The head of the office shall be the
Assistant Secretary for Training and Exercises.
``(c) Responsibilities.--The Assistant Secretary for Training and
Exercises shall--
``(1) establish specific requirements for training programs
and exercises for Federal, State, regional, local, and tribal
government officials, emergency response providers, emergency
response support providers, and other entities as appropriate;
``(2) design, develop, perform, and evaluate training
programs and exercises at all levels of government to enhance
and test the Nation's capability to prevent, prepare for,
mitigate against, respond to, and recover from threatened or
actual acts of terrorism, natural disasters, and other
emergencies;
``(3) establish common supporting methodology for training
programs and exercises;
``(4) define and implement performance measures for
training programs and exercises;
``(5) coordinate the training and exercise activities of
the Department;
``(6) serve as the primary point of contact in the
Department for homeland security training and exercises for
other Federal departments and agencies;
``(7) identify, analyze, and monitor the implementation of
best practices and lessons learned with respect to training and
exercises;
``(8) establish a comprehensive program for the
professional development and education of homeland security
personnel at all levels of government, nongovernmental
organizations, and emergency management personnel in the
private sector; and
``(9) perform such other duties relating to such
responsibilities as the Secretary may require.
``(d) Transfer.--The Assistant Secretary for Training and Exercises
shall have authority over the following:
``(1) The Noble Training Center.
``(2) The Center for Domestic Preparedness.
``(3) The National Emergency Training Center.
``(4) The National Exercise and Evaluation Program.
``(e) National Exercise Program.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Training and Exercises, shall carry out
a National Exercise Program for the purpose of testing,
evaluating, and enhancing the capabilities of Federal, State,
regional, local, and tribal government entities to prevent,
prepare for, respond to, mitigate against, and recover from
threatened or actual acts of terrorism, natural disasters, and
other emergencies.
``(2) Contents of program.--The National Exercise Program--
``(A) shall enhance coordination for preparedness
between all levels of government, emergency response
providers, emergency response support providers,
nongovernmental organizations, international
governments and organizations, and the private sector;
``(B) shall be--
``(i) multi disciplinary in nature,
including, as appropriate, information analysis
and cybersecurity components;
``(ii) as realistic as practicable and
based on current risk assessments, including
credible threats, vulnerabilities, and
consequences;
``(iii) carried out with the minimum degree
of notice to involved parties regarding the
timing and details of such exercises,
consistent with safety considerations;
``(iv) evaluated against performance
measures and followed by corrective action to
solve identified deficiencies; and
``(v) assessed to learn best practices,
which the Secretary shall share with
appropriate Federal, State, regional, local,
and tribal personnel, authorities, and training
institutions for emergency response providers
and emergency response support providers; and
``(C) shall provide assistance to State, regional,
local, and tribal governments with the design,
implementation, and evaluation of exercises that--
``(i) conform to the requirements under
subparagraph (B);
``(ii) are consistent with any applicable
State or urban area homeland security strategy
or plan;
``(iii) support implementation of--
``(I) the National Incident
Management System;
``(II) the National Response Plan;
``(III) the National Preparedness
Goal;
``(IV) the National Preparedness
Guidance;
``(V) the National Infrastructure
Protection Plan; and
``(VI) any other similar national
initiatives; and
``(iv) provide for systematic evaluation of
readiness.
``(3) National level exercises.--The Secretary, acting
through the Assistant Secretary for Training and Exercises,
shall periodically but not less than biennially, perform
national exercises for the following purposes:
``(A) To involve in national exercises high-ranking
officials from--
``(i) Federal, State, local, tribal, and
international governments;
``(ii) nongovernmental organizations,
including faith-based organizations;
``(ii) the private sector; and
``(iv) others as the Secretary considers
appropriate.
``(B) To test and evaluate, in coordination with
the Attorney General and the Secretary of Defense, the
capability of Federal, State, local, and tribal
government entities to detect, disrupt, and prevent
threatened or actual catastrophic acts of terrorism,
especially those involving weapons of mass destruction;
``(C) To test and evaluate the readiness of
Federal, State, local, and tribal government entities
to respond in a coordinated and unified manner to
catastrophic acts of terrorism, natural disasters, and
other emergencies; and
``(D) To test and evaluate the readiness of
Federal, State, local, and tribal government entities
to recover from catastrophic acts of terrorism, natural
disasters, and other emergencies.
``(4) Coordination and consultation.--In carrying out the
National Exercise Program, the Secretary shall--
``(A) coordinate with--
``(i) components of the Department that
have expertise in exercises, including the
Coast Guard, the United States Secret Service,
United States Customs and Border Protection,
and United States Immigration and Customs
Enforcement; and
``(ii) such other Federal departments and
agencies as the Secretary determines are
appropriate; and
``(B) consult regularly with--
``(i) a geographic and substantive cross
section of emergency response providers and
emergency response support providers (including
such providers located in both urban and rural
areas);
``(ii) Federal, State, and local training
institutions for emergency response providers
and emergency response support providers; and
``(iii) State and local officials,
including Adjutant Generals, with expertise in
terrorism preparedness and emergency
management.
``(5) Top official prevention exercises.--No later than one
year after the date of enactment of the National Emergency
Management Reform and Enhancement Act of 2006, the Secretary,
acting through the Assistant Secretary for Training and
Exercises, shall establish a program through which the
Secretary carries out periodically but not less than biennially
a national terrorism prevention exercise for the purposes of--
``(A) involving in national exercises high-ranking
officials from Federal, State, local, tribal, and
international governments, as the Secretary considers
appropriate; and
``(B) testing and evaluating, in coordination with
the Attorney General and the Secretary of Defense, the
capability of Federal, State, local, and tribal
government entities to detect, disrupt, and prevent
threatened or actual catastrophic acts of terrorism.
``(6) National exercise strategy.--The Secretary, acting
through the Assistant Secretary for Training and Exercises,
shall develop a multi-year national homeland security exercise
plan and submit the plan to the Homeland Security Council for
review and approval.
``(f) National Training Program.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Training and Exercises, shall carry out
a National Training Program for the purpose of enhancing the
capabilities of the Nation's emergency response providers to
prevent, prepare for, respond to, mitigate against, and recover
from threatened or actual acts of terrorism, natural disasters,
and other emergencies.
``(2) Requirements.--The National Training Program shall
provide training that--
``(A) reaches multiple disciplines, including
Federal, State, and local government officials,
emergency response providers, emergency response
support providers, the private sector, international
governments and organizations, and other entities as
the Secretary considers appropriate;
``(B) provides training at the awareness,
performance, and management and planning levels;
``(C) utilizes multiple training mediums and
methods, including--
``(i) direct delivery;
``(ii) train-the-trainer;
``(iii) computer-based training;
``(iv) web-based training; and
``(v) video teleconferencing;
``(D) is consistent with any applicable State or
urban area homeland security strategy or plan;
``(E) is consistent with, and supports
implementation of, the National Incident Management
System, the National Response Plan, the National
Preparedness Goal, the National Preparedness Guidance,
the National Infrastructure Protection Plan, and other
such national initiatives;
``(F) is evaluated against clear and consistent
performance measures; and
``(G) to the greatest extent practicable, utilizes
State, regional, and tribal training institutions.
``(3) National voluntary consensus standards.--The
Secretary shall--
``(A) support the development, promulgation, and
regular updating as necessary of national voluntary
consensus standards for training; and
``(B) ensure that the training provided under the
National Training Program is consistent with such
standards.
``(4) Training partners.--In developing and delivering
training under the National Training Program, the Secretary
shall--
``(A) work with government training facilities,
academic institutions, private organizations, and other
entities that provide specialized, state-of-the-art
training for emergency responder providers or emergency
response support providers; and
``(B) utilize, as appropriate, training courses
provided by community colleges, State and local public
safety academies, State and private universities, and
other facilities.
``(5) Coordination and consultation.--In carrying out the
National Training Program, the Secretary shall--
``(A) coordinate with--
``(i) components of the Department that
have expertise in training, including the Coast
Guard, the United States Secret Service, the
United States Fire Administration, and the
Federal Law Enforcement Training Center; and
``(ii) such other Federal departments and
agencies as the Secretary determines are
appropriate; and
``(B) consult regularly with--
``(i) a geographic and substantive cross
section of emergency response providers and
emergency response support providers (including
such providers located in both urban and rural
areas); and
``(ii) State and local officials, including
Adjutants General, with expertise in terrorism
preparedness and emergency management.
``(g) Remedial Action Management Program.--The Secretary, acting
through the Assistant Secretary for Training and Exercises, shall
establish a Remedial Action Management Program to--
``(1) identify and analyze training, exercises, and real-
world events for lessons learned and best practices;
``(2) generate after action reports for Incidents of
National Significance as declared by the Secretary under the
National Response Plan;
``(3) disseminate lessons learned and best practices;
``(4) monitor the implementation of lessons learned and
best practices;
``(5) conduct remedial action tracking and long-term trend
analysis; and
``(6) certify that--
``(A) recipients of Federal homeland security
assistance have implemented lessons learned and best
practices, as appropriate; and
``(B) ensure that no recipient uses any Federal
homeland security assistance without such
certification.
``(h) National Domestic Preparedness Consortium.--There is in the
Department a National Domestic Preparedness Consortium that--
``(1) includes as members--
``(A) the Center for Domestic Preparedness;
``(B) the New Mexico Institute of Mining and
Technology;
``(C) Louisiana State University;
``(D) Texas A&M University; and
``(E) the Nevada Test Site of the Department of
Energy.
``(2) identifies, develops, tests, and delivers training to
State, local, and tribal emergency response providers;
``(3) provides on-site training at the performance and
management and planning levels; and
``(4) facilitates the delivery of awareness level training
by the training partners of the Department.
``(i) National Exercise Simulation Center.--There is in the
Department a National Exercise Simulation Center that uses a mix of
live, virtual, and constructive simulations to--
``(1) prepare elected officials and emergency response
providers at all levels of Government to operate cohesively;
``(2) provide a learning environment for the homeland
security personnel of all Federal departments and agencies;
``(3) assist in the development of operational procedures
and exercises, particularly those based on catastrophic
incidents; and
``(4) allow incident commanders to exercise decision-making
in a simulated environment.
``SEC. 523. ESSENTIAL CAPABILITIES.
``(a) Establishment of Essential Capabilities.--
``(1) In general.--Building upon the National Preparedness
Goal, the Secretary, acting through the Assistant Secretary for
Grants and Planning, shall regularly update, revise, or replace
essential capabilities for State, local, and tribal government
emergency preparedness, in consultation with the following:
``(A) The National Advisory Council on Emergency
Management under section 508.
``(B) Components of the Department, including the
Under Secretary for Science and Technology, the Chief
Intelligence Officer, the Director for Operations
Coordination, the Assistant Secretary for Policy, the
Assistant Secretary for Transportation Security, the
Assistant Secretary for Infrastructure Protection, the
Assistant Secretary for Cybersecurity and
Telecommunications, the Commissioner of United States
Customs and Border Protection, and the Commandant of
the Coast Guard.
``(C) The Secretary of Health and Human Services.
``(D) Other appropriate Federal departments and
agencies.
``(E) State, local, and tribal emergency response
providers.
``(F) State, local, and tribal emergency response
support providers.
``(G) State, local, and tribal prevention and
emergency management officials, including Adjutant
Generals.
``(H) Consensus-based standardmaking organizations
responsible for setting standards relevant to emergency
response providers and emergency response support
providers.
``(2) Deadlines.--The Secretary shall update, revise, or
replace the essential capabilities under paragraph (1) not
later than 30 days after receiving the report submitted by the
National Advisory Council on Emergency Management under section
508(d).
``(3) Report on provision of essential capabilities.--The
Secretary shall ensure that a report containing a detailed
description of the essential capabilities is provided promptly
to State and tribal governments and to Congress. The States
shall make the description of the essential capabilities
available as appropriate to local governments within their
jurisdictions.
``(b) Objectives.--The Secretary shall ensure that essential
capabilities meet the following objectives:
``(1) Essential capabilities shall describe specifically
the planning, personnel, equipment, training, and exercises
that State, local, or tribal governments should possess or have
access to for purposes of the Department's goals for emergency
preparedness based on--
``(A) the National Preparedness Goal and supporting
directives, policies, and guidelines;
``(B) the most current risk assessment available
from the Chief Intelligence Officer of the threats of
terrorism against the United States;
``(C) the risks faced by different types of
communities, including communities of various sizes,
geographies, and other distinguishing characteristics;
and
``(D) the principles of regional coordination and
mutual aid among State, local, and tribal governments.
``(2) Essential capabilities shall be sufficiently flexible
so as to allow State, local, and tribal government officials to
establish priorities based on local or regional needs while
reaching nationally determined emergency preparedness levels
within a specified time period.
``(3) Essential capabilities shall be designed to enable
the measurement of progress toward specific emergency
preparedness goals.
``(c) Factors to Be Considered.--
``(1) In general.--In updating, revising, or replacing
essential capabilities for State, local, or tribal governments
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to population (including transient
commuting and tourist populations), areas of high population
density, critical infrastructure, coastline, and international
borders.
``(2) Basis for consideration.--Such consideration shall be
based upon the most current risk assessment available from the
Chief Intelligence Officer and the Assistant Secretary for
Infrastructure Protection of the threats of terrorism against
the United States and the needs described in the National
Preparedness Goal and the directives, policies, and guidelines
supporting the National Preparedness Goal.
``SEC. 524. CATASTROPHIC PLANNING.
``(a) Catastrophic Emergency Plans Required.--The Secretary, acting
through the Assistant Secretary for Grants and Planning and in
consultation with the Assistant Secretary for Training and Exercises,
shall require any State or urban area that submits an application to
the Secretary for Federal homeland security financial assistance
administered by the Department to maintain a catastrophic emergency
plan to be implemented in the event of an act of terrorism, natural
disaster, or other emergency. The Secretary shall require the State or
urban area to update, implement, and exercise the catastrophic
emergency plan as necessary.
``(b) Requirements.--Each catastrophic emergency plan required
under this section, with respect to a State or urban area, shall
include--
``(1) evacuation and sheltering in place procedures for the
general population of the State or urban area;
``(2) the procedures in place to address the pre-
positioning of food, medical and fuel supplies;
``(3) the evacuation and sheltering in place procedures for
populations with special needs, including persons with
disabilities, health problems, language barriers, and income
barriers, the elderly, children, and individuals with pets,
service animals, or farm animals;
``(4) sheltering options for displaced populations;
``(5) the augmentation of response resources;
``(6) regional planning, mutual aid agreements, and
requests for assistance that can meet urgent needs;
``(7) the adequacy of delivery networks for critical
services and supplies;
``(8) the degree to which the plan is mutually supportive
among contiguous jurisdictions and States;
``(9) the use of all available and appropriate
transportation modes and resources, including the
identification of routes of egress and ingress, and
destinations;
``(10) the changes in authorities or regulations which may
be necessary for the plan to meet the demands of a catastrophic
event;
``(11) contingency plans for the survivability,
sustainability, and interoperability of emergency
communications systems;
``(12) procedures for disseminating timely and accurate
public alerts and warnings;
``(13) procedures and policies for the continuity of
operations for government and other essential services; and
``(14) search and rescue procedures for populations with
special needs, including persons with disabilities, health
problems, language barriers, and income barriers, the elderly,
children, and individuals with pets, service animals, or farm
animals.
``(c) Consistency.--A catastrophic emergency plan required under
this section shall be consistent with, and support the implementation
of--
``(1) any applicable State or urban area homeland security
strategy or plan; and
``(2) the National Incident Management System, the National
Response Plan, the National Preparedness Goal, the National
Preparedness Guidance, the National Infrastructure Protection
Plan, and other such national initiatives as may be determined
by the Secretary.
``(d) Peer Review Certification.--
``(1) Development of regional plans.--Each Regional
Director for Emergency Management under section 504, in
coordination with the Assistant Secretary for Grants and
Planning, shall develop a process of peer review for any
catastrophic emergency plan submitted under subsection (a) by a
State or urban area in the geographical area in which the
Regional Office directed by that Regional Director for
Emergency Management is located.
``(2) Deadline for submission of plans.--Not later than one
year after the date of the enactment of the National Emergency
Management Reform and Enhancement Act of 2006, each Regional
Director for Emergency Management shall submit a plan to the
National Advisory Council on Emergency Management describing
the peer review process developed by the Regional Director for
Emergency Management. The National Advisory Council on
Emergency Management shall review and approve or disapprove
each such plan.
``(e) Remedial Action.--Not later than 90 days after completion of
exercises under subsection (a), the Secretary, in consultation with the
Assistant Secretary for Training and Exercises, shall develop a lessons
learned and remedial action strategy for catastrophic planning.
``(f) Consultation.--In developing the catastrophic emergency plan
required under this section, a State or urban area shall consult with
and seek appropriate comments from--
``(1) local governments within the urban area or State;
``(2) a geographic and substantive cross section of
emergency response providers and emergency response support
providers within the urban area or State (including, in the
case of a State, such providers from both urban and rural areas
within the State); and
``(3) locally-governed multi-jurisdictional councils of
governments and regional planning commissions responsible for
implementing and coordinating local emergency response plans.
``SEC. 525. SYSTEM ASSESSMENT AND VALIDATION FOR EMERGENCY RESPONDERS
PROGRAM.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management, shall establish a System Assessment
and Validation for Emergency Responders Program to provide high
quality, impartial, and operationally relevant evaluations and
validations of critical emergency response provider-related equipment
and systems and provide such evaluations and validations to emergency
response providers in an operationally useful form.
``(b) Requirements.--The program established under subsection (a)
shall--
``(1) provide impartial, practitioner relevant, and
operationally oriented assessments and validations of emergency
response provider equipment and systems, including--
``(A) commercial, off-the-shelf emergency response
provider equipment and systems in all equipment list
categories of the Interagency Board for Equipment
Standardization and Interoperability; and
``(B) such other equipment or systems as the
Secretary determines are appropriate.
``(2) provide information that enables decision-makers and
emergency response providers to better select, procure, use,
and maintain emergency response provider equipment or systems;
``(3) assess and validate the performance of products
within a system and systems within systems; and
``(4) provide information and feedback to emergency
response providers through a well-maintained, Internet-
accessible database.
``(c) Assessment and Validation Process.--The assessment and
validation of emergency response provider equipment and systems shall
utilize multiple evaluation techniques, including
``(1) operational assessments of equipment performance on
vehicle platforms;
``(2) technical assessments on a comparative basis of
system component performance across makes and models under
controlled conditions; and
``(3) integrative assessments on an individual basis of
system component interoperability and compatibility with other
system components.
``SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM.
``(a) Establishment.--The Secretary, acting through the Assistant
Secretary for Training and Exercises, shall establish a graduate-level
Homeland Security Education Program in the National Capital Region to
provide educational opportunities to senior Federal officials and
selected State and local officials with homeland security and emergency
management responsibilities.
``(b) Leveraging of Existing Resources.--To maximize efficiency and
effectiveness in carrying out the Program, the Secretary shall use
existing Department-reviewed Master's Degree curricula in homeland
security, including curricula pending accreditation, together with
associated learning materials, quality assessment tools, digital
libraries, exercise systems and other curriculum components already
being delivered by Federal, State, and private universities and
educational facilities, including the National Domestic Preparedness
Consortium.
``(c) Student Enrollment.--
``(1) Sources.--The student body of the Program shall
include officials from Federal, State, tribal, and local
governments, and from other sources designated by the Under
Secretary for Emergency Management.
``(2) Enrollment priorities and selection criteria.--The
Under Secretary for Emergency Management shall establish
policies governing student enrollment priorities and selection
criteria that are consistent with the mission of the Program.
``(3) Diversity.--The Secretary 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 such education, the employee shall
agree in writing to--
``(A) continue in the service of the agency
sponsoring the employee during the two-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 reduction in force; and
``(B) pay to the Government the amount of the
additional expenses incurred by the Government in
connection with the employee's education if the
employee is voluntarily separated from the service to
the agency before the end of the period described in
subparagraph (A).
``(2) Payment of expenses.--
``(A) Exemption.--An employee who leaves the
service of the sponsoring agency to enter into the
service of another agency in any branch of the
Government shall not be required to make a payment
under paragraph (1)(B), unless the head of the agency
that sponsored the education of the employee notifies
the employee before the date on which the employee
enters the service of the other agency that payment is
be required under that paragraph.
``(B) Amount of payment.--If an employee is
required to make a payment under paragraph (1)(B), the
agency that sponsored the education of the employee
shall determine the amount of the payment, except that
such amount may not exceed the pro rata share of the
expenses incurred for the time remaining in the two-
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 law for
the recovery of amounts owing to the Government.
``SEC. 527. OFFICE OF PUBLIC AND COMMUNITY PREPAREDNESS.
``(a) In General.--There is in the Directorate of Emergency
Management an Office of Public and Community Preparedness.
``(b) Director.--The Office shall be headed by a Director, who
shall be appointed by the Secretary. The Director shall report directly
to the Assistant Secretary for Grants and Planning.
``(c) Components.--The Office of Public and Community Preparedness
shall consist of the following:
``(1) The various component programs of the Citizen Corps,
including Community Emergency Response Teams, Fire Corps,
Volunteers in Police Service, USA on Watch, and the Medical
Reserve Corps.
``(2) The Internet website known as Ready.gov and the
components of that website, including Ready Businesses, Ready
Kids, and Listo.
``(3) Such other duties relating to community, public, and
citizen preparedness as the Secretary may provide.
``(d) Responsibilities.--The Director of the Office of Public and
Community Preparedness, in coordination with and support of the
Regional Directors of Emergency Management under section 504, shall
have the primary responsibility within the Department for assisting the
efforts of State, local, and tribal governments in preparing citizens
and communities in the United States for acts of terrorism, natural
disasters, and other emergencies, including primary responsibility for
each of the following:
``(1) Coordinating and supporting public and community
preparedness efforts at all levels of Government.
``(2) Serving as the principal advisor to the Secretary on
public and community preparedness issues.
``(3) Developing guidance on citizen preparedness for
grants to State, local, and tribal governments.
``(4) Providing, through the Regional Offices under section
504, State, local, and tribal Citizen Corps Councils with
tools, information, and technical assistance to connect local
and national citizen preparedness efforts.
``(5) Directing, managing, and implementing all programs
associated with the entities under subsection (c).
``(6) Establishing specialized preparedness programs for
at-risk communities under subsection (e).
``(7) Ensuring coordination with private sector entities,
faith-based groups, other nongovernmental organizations,
special needs groups, emergency response provider
organizations, emergency response support provider
organizations, and international organizations, in order to
promote citizen preparedness and participation.
``(8) Developing a comprehensive program of public service
announcements for use on a national basis or, in consultation
with State, local, or tribal governments, on a regional, State,
or local basis.
``(9) Assisting in the implementation of national
strategies for public and community preparedness, including the
development of individual preparedness skills and capabilities,
including assembling preparedness kits, developing emergency
communications plans, training in basic fist aid, and learning
how to react to a variety of emergencies.
``(e) At-Risk Communities.--In carrying out the responsibilities
under this section, the Director shall consider the unique preparedness
challenges faced by persons with disabilities, health problems,
language barriers, and income barriers, the elderly, children, and
individuals with pets, service animals, or farm animals.
``(f) National Citizen Corps Council.--
``(1) In general.--There is in the Directorate a National
Citizen Corps Council. The Under Secretary for Emergency
Management or a designee shall serve as chair of the Council.
``(2) Membership.--The Council shall consist of national
leaders of organizations and associations representing at risk
communities described under subsection (e), emergency response
providers, emergency response support providers, community and
volunteer service providers, government, and the private
sector.
``(3) Responsibilities.--The responsibilities of the
Council are as follows:
``(A) To work together at the national level and
encourage members of the Council at the State, local,
and tribal level to collaborate in support of the
Citizen Corps.
``(B) To identify opportunities for Federal, State,
local, and tribal organizations to collaborate to
accomplish the shared goals of the Citizen Corps
programs.
``(C) To encourage the development and support of
local Citizen Corps Councils and to advance the Citizen
Corps mission across the country.
``(D) To exchange facts and information on programs
to promote public awareness, training, safety, and
volunteer service opportunities and on safety and
preparedness messages to be conveyed to the public.
``(E) To develop and disseminate messages on safety
and emergency preparedness that will be effective in
engaging communities and individuals in the Citizen
Corps.
``(F) To serve as the catalyst for engaging others
within their areas of expertise to promote the Citizen
Corps mission.
``(4) Meetings.--The Under Secretary for Emergency
Management or a designee shall convene meetings of the National
Citizen Corps Council at the discretion of the Under Secretary
or at the direction of the Secretary.
``(g) Coordination.--The Director shall--
``(1) coordinate with other Federal entities, as
appropriate, including the Departments of Health and Human
Services, Justice, Commerce, and Education, the Environmental
Protection Agency, and the Corporation for National and
Community Service, to enhance public and community
preparedness;
``(2) coordinate with State, local, and tribal governments;
and
``(3) subject to the availability of appropriations, make
grants and enter into contracts and cooperative agreements with
other Federal agencies and nongovernmental organizations, as
may be necessary and proper to carry out the responsibilities
of the Director under this section.
``Subtitle C--Emergency Response
``SEC. 541. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE
PLAN INTEGRATION CENTER.
``(a) In General.--There is in the Directorate of Emergency
Management a National Incident Management System and National Response
Plan Integration Center (referred to in this section as the `NIC').
``(b) Director.--The NIC shall be headed by a Director, who shall
be appointed by the Secretary. The Director shall report directly to
the Deputy Under Secretary for Response and Recovery.
``(c) Responsibilities.--The Director, in consultation with the
Assistant Secretary for Grants and Planning and the heads of other
appropriate Federal departments and agencies, and the National Advisory
Council on Emergency Management under section 508, shall establish a
mechanism for ensuring ongoing management and maintenance of the
National Incident Management System (NIMS), the National Response Plan
(NRP), any other document or tool in support of Homeland Security
Presidential Directive 5, or any other Homeland Security Presidential
Directive related to incident management and response. The
responsibilities of the Director shall include the following:
``(1) Revising, as appropriate, the NIMS and the NRP not
later than 90 days after the enactment of this section with
respect to--
``(A) clarifying the roles and responsibilities of
the Principal Federal Official, the Federal
Coordinating Officer, the Federal Resource Coordinator,
and the Disaster Recovery Manager;
``(B) developing procedures for the timely
activation of each such role;
``(C) establishing as part of the NRP an emergency
support function with respect to volunteers and
donations;
``(D) realigning the emergency support functions of
the NRP so as to be consistent with the NIMS;
``(E) developing doctrine and procedures relating
to the management of acts of terrorism, natural
disasters, and other emergencies affecting multiple
State;
``(F) improving the utilization of Federal, State,
local, and tribal resources, including the deployment
of emergency response providers, specialized equipment,
and supplies;
``(G) finalizing and releasing the Catastrophic
Incident Supplement to the NRP;
``(H) ensuring the effective use of emergency
response providers at emergency scenes; and
``(I) reviewing other matters pertaining to the
NIMS and the NRP as the Secretary may require.
``(2) Developing a national program for NIMS and NRP
education and awareness, including specific instruction on the
purposes of the NIMS and the NRP and responsibilities of the
NIC.
``(3) Promoting the compatibility between national
voluntary consensus standards for the NIMS and the NRP and such
standards developed by other public, private, or professional
groups.
``(4) Facilitating the development and publication of
materials and standardized templates to support the
implementation and continuous refinement of the NIMS and the
NRP.
``(5) Developing performance measures and assessment
criteria for the various components of the NIMS and the NRP and
compliance requirements and compliance timelines for
implementation by Federal, State, local, and tribal entities.
``(6) Establishing a peer review process for NIMS
compliance certifications that verifies the satisfaction of
training, planning, exercising, and other activities.
``(7) Defining, in consultation with the Assistant
Secretary for Training and Exercises, the general training
requirements and the national training standards and course
curricula associated with the NIMS and the NRP.
``(8) Facilitating the development of national voluntary
consensus standards, guidelines, and protocols for incident
management training and exercises, including consideration of
existing exercise and training programs at all levels of
government.
``(9) Facilitating the establishment and maintenance of a
publication management system for documents supporting the NIMS
and the NRP and other related publications and materials
related to the NIMS and the NRP, including the development or
coordination of general publications.
``(10) Reviewing and certifying, in coordination with
accrediting organizations and in consultation with Federal,
State, local, tribal, private-sector, and nongovernmental
entities, the discipline-specific publication management
requirements submitted by professional organizations and
associations.
``(11) Facilitating the development and publication of
national voluntary consensus standards, guidelines, and
protocols for the qualification and certification of emergency
response providers and incident management personnel, as
appropriate.
``(12) Reviewing and approving, in coordination with
appropriate national professional organizations and with input
from Federal, State, local, tribal, private-sector, and other
nongovernmental entities, the discipline-specific qualification
and certification requirements submitted by emergency responder
and incident management organizations and associations.
``(13) Facilitating the establishment and maintenance of a
documentation and database system related to qualification,
certification, and credentialing of incident management
personnel and organizations, including reviewing and approving,
in coordination with appropriate national professional
organizations and with input from the Federal, State, local,
tribal, private-sector and nongovernmental entities, of the
discipline-specific requirements submitted by functionally
oriented incident management organizations and associations.
``(14) Establishing a data maintenance system to provide
incident managers with the detailed qualification, experience,
and training information needed to credential personnel for
prescribed national incident management positions.
``(15) Coordinating minimum professional certification
standards and facilitation of the design and implementation of
a credentialing system that can be used nationwide.
``(16) Facilitating the development and issuance of
national standards for the typing of resources.
``(17) Facilitating the definition and maintenance of the
information framework required to guide the development of NIMS
information systems, including the development of data
standards for--
``(A) incident notification and situation reports;
``(B) status reporting;
``(C) analytical data;
``(D) geospatial information;
``(E) wireless communications;
``(F) identification and authentication; and
``(G) incident reports, including lessons learned
reports.
``(18) Performing such other duties relating to such
responsibilities as the Secretary may require.
``SEC. 542. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY
RESPONSE.
``To the maximum extent practicable, the Secretary, acting through
the Under Secretary for Emergency Management, shall use national
private sector networks and infrastructure for emergency response to
acts of terrorism, natural disasters, and other emergencies.
``SEC. 543. NUCLEAR INCIDENT RESPONSE.
``(a) Nuclear Incident Response Team.--In connection with actual or
threatened acts of terrorism, natural disasters, or other emergencies
in the United States--
``(1) the Nuclear Incident Response Team shall operate as
an organizational unit of the Department; and
``(2) while so operating, the Secretary shall have
direction, authority, and control of the Nuclear Incident
Response Team.
``(b) Responsibilities.--In addition to the authority under
subsection (a), the Secretary, acting through the Under Secretary for
Emergency Management, shall at all times carry out the following
responsibilities:
``(1) Establishing standards for performance of the Nuclear
Incident Response Team and, when such standards have been met,
certifying that they have been met.
``(2) Conducting joint and other exercises and training and
evaluating performance.
``(3) Providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment.
``(c) Rule of Construction.--Nothing in this section shall be
construed to limit the responsibility of the Secretary of Energy and
the Administrator of the Environmental Protection Agency for
organizing, training, equipping, and utilizing their respective
entities that participate in the Nuclear Incident Response Team, or
(subject this section) from exercising direction, authority, and
control over such entities when they are not operating as a unit of the
Department.
``(d) Definition.--In this section, the term `Nuclear Incident
Response Team' means a resource that includes--
``(1) those entities of the Department of Energy that
perform nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
``(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
``SEC. 544. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) National Urban Search and Rescue Response System.--There is
in the Directorate of Emergency Management an emergency response system
known as the National Urban Search and Rescue Response System that
provides a national network of standardized search and rescue resources
to assist State, local, and tribal governments in responding to acts of
terrorism, natural disasters, and other emergencies.
``(b) Administration of the System.--
``(1) Task force participation.--The Under Secretary for
Emergency Management shall select eligible urban search and
rescue teams that are sponsored by State and local government
entities to participate as task forces in the System. The Under
Secretary shall determine the criteria for such participation.
``(2) Agreements with sponsoring agencies.--The Under
Secretary shall enter into an agreement with the State or local
government entity that sponsors each search and rescue team
selected under paragraph (1) with respect the team's
participation as a task force in the System.
``(3) Urban search and rescue team personnel.--Personnel of
an urban search and rescue team that participates as a task
force under this section may be--
``(A) personnel of the State or local government
sponsor; or
``(B) personnel of any other Federal, State, or
local government entity that enters into a
participation agency agreement with the State or local
government sponsor of the team.
``(4) Management and technical teams.--The Under Secretary
shall maintain such management and other technical teams as are
necessary to administer the System.
``(c) Advisory Committee.--
``(1) In general.--The Under Secretary shall establish and
maintain an advisory committee to provide expert
recommendations to the Under Secretary with respect to
administering the System.
``(2) Composition.--The advisory committee shall be
geographically diverse, and shall include, at a minimum--
``(A) the chief officer or senior executive from
each of at least three State or local governments that
sponsor urban search and rescue teams selected to
participate in the System as task forces;
``(B) the senior emergency manager from each of at
least two States in which such local governments are
located; and
``(C) at least one representative selected by the
leaders of the task forces.
``(3) Termination.--The advisory committee shall terminate
on the date that is two years after the date of the enactment
of the National Emergency Management Reform and Enhancement Act
of 2006.
``SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM.
``(a) In General.--There is in the Department a Metropolitan
Medical Response System. Under the System, the Assistant Secretary for
Grants and Planning shall administer grants to develop, maintain, and
enhance medical preparedness systems that are capable of responding
effectively during the initial hours of a public health crisis or mass-
casualty event caused by an act of terrorism, natural disaster, or
other emergency.
``(b) Use of Funds.--The Metropolitan Medical Response System shall
make grants to local governments to enhance any of the following
activities:
``(1) Medical surge capacity.
``(2) Mass prophylaxis.
``(3) Chemical, biological, radiological, nuclear, and
explosive detection, response, and decontamination
capabilities.
``(4) Emergency communications capabilities.
``(5) Information sharing and collaboration capabilities.
``(6) Regional collaboration.
``(7) Triage and pre-hospital treatment.
``(8) Medical supply management and distribution.
``(9) Fatality management.
``(10) Such other activities as the Secretary may provide.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2007 through 2010.
``SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management, may make grants for the purposes of
administering the Emergency Management Assistance Compact consented to
by Public Law 104-321.
``(b) Uses.--A grant under this section shall be used--
``(1) to carry out recommendations identified in after-
action reports for the 2004 and 2005 hurricane season issued
under the Emergency Management Assistance Compact;
``(2) to coordinate with the Department and other Federal
Government agencies; or
``(3) to coordinate with State and local government
entities and their respective national associations.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $4,000,000 for
each fiscal year. Amounts appropriated under this section shall remain
available for 3 fiscal years.
``Subtitle D--Emergency Communications
``SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS.
``(a) In General.--There is in the Department an Office of
Emergency Communications, which shall be under the authority of the
Under Secretary for Emergency Management.
``(b) Assistant Secretary.--The head of the office shall be the
Assistant Secretary for Emergency Communications.
``(c) Responsibilities.--The Assistant Secretary for Emergency
Communications shall--
``(1) assist the Secretary in developing and implementing
the program described in section 7303(a)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)), except as provided in section 5 of the National
Emergency Management Reform and Enhancement Act of 2006;
``(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program;
``(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network
program;
``(4) coordinate, as appropriate, with the Assistant
Secretary for Cybersecurity and Telecommunications, regarding
the administration of the National Communications System;
``(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;
``(6) provide technical assistance to State, regional,
local, and tribal officials with respect to use of
interoperable emergency communications capabilities;
``(7) facilitate the creation of Regional Emergency
Communications Coordination Working Groups under section 565;
``(8) promote the development of standard operating
procedures with respect to use of interoperable emergency
communications capabilities for incident response and
facilitate the sharing of information on best practices
(including from governments abroad) for achieving, maintaining,
and enhancing interoperable emergency communications
capabilities for such response;
``(9) coordinate the establishment of a national response
capability with initial and ongoing planning, implementation,
and training for the deployment of backup communications
services 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, the Director of the Office of
Science and Technology Policy, and the Director of the Office
of Management and Budget in ensuring the operability of the
telecommunications functions and responsibilities of the
Federal Government;
``(11) establish requirements for total and nonproprietary
interoperable emergency communications capabilities for all
public safety radio and data communications systems and
equipment;
``(12) help to establish an integrated national public
alert and warning system that incorporates legacy systems; and
``(13) review, in consultation with Assistant Secretary for
Grants and Planning, all interoperable emergency communications
plans of Federal, State, local, and tribal governments,
including Statewide and tactical interoperability plans.
``(d) Performance of Previously Transferred Functions.--There is
transferred to the Secretary the authority to administer, through the
Assistant Secretary for Emergency Communications, the following:
``(1) The SAFECOM Program.
``(2) The responsibilities of the Chief Information Officer
related to the implementation of the Integrated Wireless
Network.
``(3) The Interoperable Communications Technical Assistance
Program.
``(e) Coordination.--The Assistant Secretary shall coordinate, as
appropriate, with the Director of the Office for Interoperability and
Compatibility the responsibilities described in section 104 of the
National Emergency Management Reform and Enhancement Act of 2006.
``(f) Sufficiency of Resources.--The Secretary shall provide the
Office of Emergency Communications the resources and staff necessary to
carry out the responsibilities under this section.
``SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Emergency Communications, shall, not later than one year
after the completion of the baseline assessment under section 563, and
in cooperation with State, local, and tribal governments, Federal
departments and agencies, emergency response providers, emergency
response support responders, and the private sector, develop a National
Emergency Communication Strategy to achieve interoperable emergency
communications.
``(b) Contents.--The national strategy shall--
``(1) include a national interoperable emergency
communication inventory 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 system
and equipment used;
``(B) identifies the interoperable emergency
communication systems in use for public safety systems
in the United States; and
``(C) provides a listing of public safety mutual
aid channels in operation and their ability to connect
to an interoperable communications system;
``(2) include, in consultation with the National Institute
of Standards and Technology, a process for expediting national
voluntary consensus-based emergency communications equipment
standards for the purchase and use by public safety agencies of
interoperable emergency communications equipment and
technologies;
``(3) identify the appropriate interoperable emergency
communications capabilities necessary for Federal, State,
local, and tribal governments to operate at all threat levels;
``(4) address both short-term and long-term solutions to
achieving Federal, State, local, and tribal interoperable
emergency communications systems, including provision of
commercially available equipment that facilitates operability,
interoperability, coordination, and integration among existing
emergency communications systems;
``(5) identify how Federal Government departments and
agencies that respond to acts of terrorism, natural disasters,
and other emergencies can work effectively with State, local,
and tribal governments, in all States, and such other entities
as are necessary to implement the strategy;
``(6) include measures to identify and overcome all
obstacles to achieving interoperable emergency communications;
and
``(7) set goals and establish timeframes for the
achievement of an emergency, command-level communication system
based on existing equipment across the United States and
develop a timetable for a nationwide interoperable emergency
communications system.
``SEC. 563. ASSESSMENTS AND REPORTS.
``(a) Baseline Operability and Interoperability Assessment.--The
Secretary, acting through the Assistant Secretary for Emergency
Communications, shall periodically, but not less than every 5 years,
conduct an assessment of Federal, State, local, and tribal governments,
to--
``(1) define the range of operable and interoperable
emergency communications capabilities needed for specific
events;
``(2) assess the current capabilities to meet such
communications needs;
``(3) identify the gap between such current capabilities
and defined requirements;
``(4) determine the degree to which interoperable emergency
communications has been achieved to date and ascertain the
needs that remain for interoperability to be achieved;
``(5) assess the ability of communities to provide and
maintain interoperable emergency communications among emergency
response providers, emergency response support providers, and
government officials in the event of acts of terrorism, natural
disasters, or other emergencies, including Incidents of
National Significance declared by the Secretary under the
National Response Plan, and where there is substantial damage
to ordinary communications infrastructure or sustained loss of
electricity;
``(6) compile a list of best practices among communities
for providing and maintaining interoperable emergency
communications in the event of acts of terrorism, natural
disasters, or other emergencies; and
``(7) evaluate 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 acts of
terrorism, natural disasters, or other emergencies.
``(b) Annual Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary,
acting through the Assistant Secretary for Emergency Communications,
shall submit to Congress a report on the Department's progress in
implementing and achieving the goals of this section, including a
description of the findings of the nationwide assessment conducted
under subsection (a).
``SEC. 564. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
``(a) Assessment of Grants and Standards Programs.--The Secretary,
acting through Assistant Secretary for Emergency Communications, shall
assess Federal grants and standards programs managed by other Federal
departments and agencies to--
``(1) integrate and coordinate Federal grant guidelines for
the use of Federal homeland security assistance relating to
interoperable emergency communications;
``(2) assess and make recommendations to ensure that such
guidelines are consistent with the mission of the Office of
Emergency Communications; and
``(3) assess and make recommendations to ensure conformity
with the goals and objectives identified in the National
Emergency Communications Strategy.
``(b) Denial of Eligibility for Grants.--
``(1) In general.--The Secretary, acting through Assistant
Secretary for Grants and Planning, and in consultation with the
Assistant Secretary for Emergency Communications, may prohibit
any State, local, or tribal government from using Federal
homeland security assistance administered by the Department to
achieve, maintain, or enhance interoperable emergency
communications capabilities, if--
``(A) such government has not complied with the
requirement to submit a Statewide Interoperable
Communications Plans as required by section 7303(f) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)); and
``(B) within three years after the date of the
enactment of this section, national voluntary consensus
standards for interoperable emergency communications
capabilities have not been developed and promulgated.
``(2) Standards.--The Secretary, in coordination with other
Federal departments and agencies with responsibility for
standards shall develop, promulgate, and revise national
voluntary consensus standards on interoperable emergency
communications within 4 years after the date of the enactment
of this section, if the requirements of paragraph (1)(B) have
not been satisfied.
``(c) Transfer of Functions.--Not later than 60 days after the date
of the enactment of this subsection, the President shall transfer to
the Assistant Secretary for Emergency Communications the functions
authorized by section 3006 of the Deficit Reduction Act of 2006 (Public
Law 109-71; 120 Stat. 24), including the authority to borrow under
3006(b) of that Act.
``SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
``(a) In General.--There is in each Regional Office under section
504 a Regional Emergency Communications Coordination Working Group (in
this section referred to as an `RECC Working Group').
``(b) Subject Matter Experts.--The RECC Working Group shall consist
of the following:
``(1) Non-federal.--Organizations representing the
interests of the following:
``(A) State officials.
``(B) Local elected officials.
``(C) State police departments.
``(D) Local police departments.
``(E) Local fire departments.
``(F) Public safety answering points (9-1-1
services).
``(G) Communications equipment vendors (including
broadband data service providers).
``(H) Hospitals.
``(I) Public utility services.
``(J) Local exchange carriers.
``(K) Local broadcast media.
``(L) Wireless carriers.
``(M) Satellite communications services.
``(N) Emergency evacuation transit services.
``(O) Ambulance services.
``(P) HAM and amateur radio operators.
``(Q) Emergency Managers, Homeland Security
Directors, or representatives of State Administrative
Agencies.
``(R) Other emergency response providers or
emergency support providers as deemed appropriate.
``(2) Federal.--Representatives from the Department and
other Federal departments and agencies with responsibility for
coordinating interoperable emergency communications with or
providing emergency support services to State, local, and
tribal governments.
``(c) Duties.--The duties of each RECC Working Group shall
include--
``(1) assessing the survivability, sustainability, and
interoperability of local emergency communications systems to
meet the goals of the National Emergency Communications
Strategy;
``(2) reporting annually to the Assistant Secretary for
Emergency Communications on the status of its region in
building a robust and sustainable interoperable voice and data
emergency communications network and on the progress of the
region in meeting the goals of the National Emergency
Communications Strategy under section 562 when such Strategy in
complete;
``(3) coordinating the establishment of an effective multi-
jurisdictional, multi-agency emergency communications network
for use during acts of terrorism, natural disasters, and other
emergencies 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
acts of terrorism, natural disasters, and other emergencies.
``SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
``(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to as the
`Center').
``(b) Operation.--
``(1) In general.--The Secretary, the Chairman of the
Federal Communication Commission, the Secretary of Defense, the
Secretary of Commerce, the Attorney General, and the heads of
other Federal departments and agencies or their designees shall
jointly operate the Center in accordance with the Memorandum of
Understanding entitled, `Emergency Communications Preparedness
Center (ECPC) Charter'.
``(2) Chair.--The Secretary shall be the Chair of the
Center.
``(c) Functions.--The Center shall--
``(1) serve as the focal point for interagency efforts to
address operable and interoperable communications;
``(2) serve as a clearinghouse with respect to all relevant
information regarding intergovernmental efforts to achieve
nationwide interoperable emergency communications capabilities;
``(3) ensure cooperation among the relevant Federal
Government departments and agencies to improve effectiveness in
the communication and implementation of the goals of the
National Emergency Communications Strategy, including
specifically by working to avoid duplication, hindrances, and
counteractive efforts among the participating Federal
departments and agencies;
``(4) prepare and submit to Congress, on an annual basis, a
strategic assessment regarding the efforts of Federal
departments and agencies to implement the National Emergency
Communications Strategy; and
``(5) perform such other functions as the President may
assign.
``(d) Report.--Not later than 180 days after the date of the
enactment of this section, the President shall transmit to the Congress
a report regarding the implementation of this section, including a
description of the staffing and resource needs of the Center.
``SEC. 567. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the Chairman
of the Federal Communications Commission and the Secretary of Defense,
and with appropriate State, local, and tribal government officials,
shall provide technical guidance, training, and other assistance, as
appropriate, to support the rapid establishment of consistent, secure,
and effective interoperable emergency communications capabilities in
the event of an emergency in urban and other areas determined by the
Secretary to be at consistently high levels of risk from terrorist
attack.
``(b) Minimum Capabilities.--The interoperable emergency
communications capabilities established under subsection (a) shall
ensure the ability of all levels of government, emergency response
providers, emergency response support providers, the private sector,
and other organizations with emergency response capabilities--
``(1) to communicate with each other in the event of an
emergency;
``(2) to have appropriate and timely access to the
Information Sharing Environment described in section 1016 of
the National Security Intelligence Reform Act of 2004 (6 U.S.C.
321); and
``(3) to be consistent with any applicable State or Urban
Area homeland strategy or plan.
``SEC. 568. INTEGRATED NATIONAL ALERT AND WARNING SYSTEM.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Emergency Communications, and in coordination with the
head of any Federal department or agency that possesses or acquires
alert and warning capabilities, including the Departments of Commerce
and Defense and the Federal Communications Commission, shall develop,
manage, operate, and coordinate an integrated national public alert and
warning system that incorporates legacy systems.
``(b) Requirements.--Such system shall--
``(1) be operational within 3 years of the date of
enactment of this section;
``(2) ensure effective collaboration with State, local, and
tribal governments;
``(3) complement and provide interoperability with State,
local, and tribal public alert and warning systems;
``(4) ensure the interoperability of commercially available
equipment for radio and data communications systems;
``(5) carry alert and warning messages for acts of
terrorism, natural disasters, and other emergencies;
``(6) conduct regular internal training and exercises on
generating and disseminating public alert and warning messages;
``(7) support public education and outreach to increase
community awareness of the integrated national alert and
warning system;
``(8) incorporate, to the maximum extent possible,
technologies and systems that warn and support the unique needs
faced by persons with disabilities or language barriers;
``(9) develop public-private partnerships to--
``(A) leverage government and industry needs,
capabilities, and resources necessary to delivery
effective disaster warnings;
``(B) facilitate the development, promulgation, and
regular updating of national voluntary consensus
standards for public alert and warning technologies;
``(C) identify, in consultation with the Assistant
Secretary for Infrastructure Protection and the
Assistant Secretary for Cybersecurity and
Telecommunications, critical infrastructure and key
resources necessary to provide accurate, survivable,
and sustainable public alerts and warnings;
``(D) incorporate private sector threat information
sharing into Federal, State, and local alert and
warning systems; and
``(E) ensure continuity of operations plans are in
place to minimize the disruption to communications
infrastructure used for the dissemination of public
alerts and warnings;
``(10) promulgate standard operating procedures and
protocols for the integrated national public alert and warning
system; and
``(11) identify and incorporate existing, new, and emerging
technologies, including the utilization of both satellite and
ground based alert and warning distribution networks to provide
redundant, timely, and accurate public alerts and warnings.
``(c) Implementation Plan.--The Secretary, acting through the
Assistant Secretary for Emergency Communications, shall develop an
implementation plan for this section within 180 days after the
enactment of this section.
``Subtitle E--Emergency Logistics
``SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management, shall establish a Prepositioned
Equipment Program to preposition standardized emergency equipment in
selected geographic areas to sustain and replenish critical assets used
by State, local, or tribal governments in response to, or rendered
inoperable by the effects of, acts of terrorism, natural disasters, or
other emergencies.
``(b) Force Packages.--As part of the Program, the Secretary shall
establish a number of force packages. Each force package shall--
``(1) contain preposition-standardized equipment and
frequently used off-the-shelf items;
``(2) be strategically located and maintained at logistics
centers in no less than 11 regions and, to the extent
practicable, co-located with the push packages of the Strategic
National Stockpile;
``(3) be rapidly deployable to any major population area
within at least 12 hours; and
``(4) be easily transportable by air, land, or water.
``(c) Types of Equipment Included.--Each force package shall
include--
``(1) personal protective equipment;
``(2) detection equipment;
``(3) decontamination equipment;
``(2) search and rescue equipment;
``(3) medical equipment and supplies;
``(4) communications equipment; and
``(5) any additional devices, tools, supplies, and material
most likely needed by initial on-scene emergency response
providers.
``(d) Support Teams.--Each force package shall be staffed by
qualified and trained personnel who reside in the region. Such
personnel shall--
``(1) be available to respond to emergencies when
necessary;
``(2) provide life-cycle management and maintenance of
equipment; and
``(3) perform associated logistics, including equipment
maintenance and calibration.
``(e) Procedures for Deployment of Force Packages.--The Secretary,
acting through the Under Secretary, shall deploy force packages to
State, local, and tribal officials when--
``(1) a State or local government entity, through the
Governor of the State, or a tribal government entity, makes a
request for the transfer deployment of a force package; and
``(2) the Under Secretary approves such request.
``(f) Coordination.--In carrying out the Prepositioned Equipment
Program under this section, the Secretary shall coordinate with the
Secretaries of Defense and Health and Human Services and with the heads
of such other Federal departments and agencies as the Secretary
determines are appropriate.
``SEC. 582. NATIONAL ASSET INVENTORY PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Emergency Management and in coordination with the heads
of other appropriate Federal departments and agencies, shall establish
a National Asset Inventory Program for the purpose of managing and
deploying Federal capabilities in response to acts of terrorism,
natural disasters, and other emergencies.
``(b) Inventory.--In accordance with the requirements of 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 National Asset Inventory
Program shall develop and maintain an inventory of Federal response
capabilities and corresponding assets and resources. Such inventory
shall include--
``(1) the performance parameters of each capability;
``(2) the time frame within which each capability can be
available for deployment to an incident;
``(3) the readiness of each capability to respond to
domestic incidents; and
``(4) the availability of such capability.
``(c) Military Capabilities.--The Secretary of Defense shall
provide to the Secretary a description of the functions and
capabilities of any entity of the Department of Defense that may be
used to provide support to civil authorities in responding to acts of
terrorism, natural disasters, or other emergencies.
``(d) Database.--The Secretary, acting through the Under Secretary
for Emergency Management, shall establish an inventory database to
allow--
``(1) real-time exchange of information regarding
capabilities, assets, and resources, readiness, or the
compatibility of equipment;
``(2) easy identification and rapid deployment during an
incident; and
``(3) the sharing of inventories across jurisdictions.
``(e) Force Packages.--The Secretary, acting though the Under
Secretary for Emergency Management, shall certify on an annual basis
that Federal departments and agencies with primary or supporting agency
responsibilities under an emergency support function of the National
Response Plan have developed and maintained force packages of rapidly
deployable Federal capabilities.
``(f) Logistics Support Centers.--The Secretary, acting through the
Under Secretary and in coordination with other Federal departments and
agencies and State, local, and tribal governments, shall identify
physical locations in selected geographic areas that could be used as
logistics support centers for receiving, staging, and integrating
Federal capabilities in the event of acts of terrorism, natural
disasters, and other emergencies.
``(g) Coordination.--In carrying out the activities of the program
under this section, the Under Secretary shall consult with the
Administrator of the Emergency Management Assistance Compact to ensure
effective coordination of efforts in responding to requests for
assistance.
``SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO
MAJOR DISASTERS AND EMERGENCY ASSISTANCE ACTIVITIES.
``(a) Establishment of Database.--The Secretary, acting through the
Under Secretary for Emergency Management and in coordination with the
Regional Directors under section 504, shall establish and maintain a
database that contains information about small business entities for
purposes of Federal contracting related to assistance activities
conducted in response to and recovery from acts of terrorism, natural
disasters, and other emergencies.
``(b) Included Information.--The database under subsection (a)
shall include the following information about each small business
entity included in the database:
``(1) The name of the small business entity.
``(2) The location of the small business entity.
``(3) The area served by the small business entity.
``(4) The type of good or service provided by the small
business entity.
``(5) Whether the small business entity is--
``(A) a small business entity owned and controlled
by socially and economically disadvantaged individuals;
``(B) a small business entity owned and controlled
by women; or
``(C) a small business entity owned and controlled
by service-disabled veterans.
``(c) Source of Information.--
``(1) Submission.--The database may only contain such
information about a small business entity as is submitted by
the small business entity.
``(2) Attestation.--Each small business entity submitting
information to the database shall submit--
``(A) an attestation that the information submitted
is true; and
``(B) documentation supporting such attestation.
``(3) Verification.--The Secretary shall verify only that
the documentation submitted by each small business entity
supports the information submitted by that small business
entity.
``(d) Availability of Database.--The Secretary shall make the
database generally available on the Internet website of the Department.
``(e) Consultation of Database.--Before awarding a Federal contract
for a disaster-related activity, a component of the Department shall
consult the database established under this section.
``(f) Database Integration.--The Secretary shall integrate the
database established under this section into any other procurement-
related database maintained by the Secretary.
``(g) Definitions.--For purposes of this section, the terms `small
business entity', `small business entity owned and controlled by
socially and economically disadvantaged individuals', `small business
entity owned and controlled by women', and `small business entity owned
and controlled by service-disabled veterans' shall have the meanings
given the terms `small business concern', `small business concern owned
and controlled by socially and economically disadvantaged individuals',
`small business concern owned and controlled by women', and `small
business concern owned and controlled by service-disabled veterans'
respectively under the Small Business Act (15 U.S.C. 631 et seq.).
``SEC. 584. FRAUD PREVENTION TRAINING PROGRAM.
``(a) Training Program Required.--The Secretary, acting through the
Under Secretary for Emergency Management, shall develop and implement a
program to provide training on the prevention of waste, fraud, and
abuse of Federal assistance funds and services during the response to
or recovery from acts of terrorism, natural disasters, or other
emergencies and ways to identify such potential waste, fraud, and
abuse.
``(b) Individuals Eligible for Training.--Under the training
program required under subsection (a), the Secretary may provide
training to--
``(1) employees, contractors, and volunteers of the Federal
Government;
``(2) employees and volunteers of any State, local, or
tribal government entity; and
``(3) employees and volunteers of non-profit organizations
that assist in the administration of Federal assistance funds
and services provided in response to acts of terrorism, natural
disasters, or other national emergencies.
``(c) Information Sharing.--Any State, local, or tribal government
entity or non-profit entity that provides Federal assistance funds or
services to individuals affected by acts of terrorism, natural
disasters, or other emergencies may share information with the Federal
Government, in a manner consistent with Federal Privacy Act
protections, about any recipient of such assistance, at the request of
the head of a Federal department or agency, for the purpose of
preventing fraud and abuse of Federal assistance.
``Subtitle F--Infrastructure Protection and Cybersecurity
``SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION.
``(a) In General.--There is in the Department an Office of
Infrastructure Protection under the authority of the Under Secretary
for Emergency Management.
``(b) Assistant Secretary for Infrastructure Protection.--The head
of the Office shall be the Assistant Secretary for Infrastructure
Protection. The Assistant Secretary shall report directly to the Under
Secretary for Emergency Management.
``(c) Responsibilities of the Assistant Secretary.--The Assistant
Secretary shall carry out the responsibilities of the Department
regarding infrastructure protection. Such responsibilities shall
include the following:
``(1) To identify and carry out comprehensive risk
assessments of key resources and critical infrastructure of the
United States, to determine the risks posed by particular types
of terrorist attacks within the United States (including an
assessment of the probability of success of such attacks and
the feasibility and potential efficacy of various
countermeasures to such attacks).
``(2) To develop and maintain a comprehensive national plan
for securing the key resources and critical infrastructure of
the United States, in accordance with Homeland Security
Presidential Directive 7.
``(3) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other Federal Departments and agencies and in
consultation with State, local, and tribal government agencies
and authorities, and the private sector.
``(4) To coordinate and implement, as appropriate,
preparedness efforts to ensure that critical infrastructure and
key resources efforts are fully integrated and coordinated with
the response and recovery activities of the Department.
``(5) To establish and maintain partnerships and
information sharing processes with Federal, State, local, and
tribal governments, the private sector, and international
governments and organizations to enhance coordination of
critical infrastructure and key resource efforts.
``(6) To coordinate with the Under Secretary for
Intelligence and Analysis and elements of the intelligence
community and with Federal, State, local, and tribal law
enforcement agencies, and the private sector, as appropriate.
``(7) To provide the Secretary with an annual summary of
national critical infrastructure protection efforts and
priorities and to provide, in consultation with the Assistant
Secretary for Grants and Planning, recommendations for Federal
critical infrastructure protection funding.
``(8) In carrying out responsibilities under paragraphs (1)
and (2), to consult with other Federal, State, local, and
tribal government agencies and authorities as appropriate.
``(9) To perform other such duties relating to such
responsibilities as the Secretary may provide.
``(d) Integration Center.--
``(1) In general.--There is an Integration Center in the
Office of Infrastructure Protection, which shall be staffed by
the Office of Infrastructure Protection, the Office of
Cybersecurity and Telecommunications, and the Office of
Intelligence and Analysis.
``(2) Responsibilities.--The Integration Center shall--
``(A) be responsible for the integration of
relevant threat, consequence, and vulnerability
information, analysis, and assessments (whether such
information, analysis, or assessments are provided or
produced by the Department or others) in order to
identify priorities for protective and support measures
by the Department, other Federal departments and
agencies, State, local, and tribal government agencies
and authorities, the private sector, and other
entities; and
``(B) develop and disseminate analytical products
that combine homeland security information with
critical infrastructure and key resource vulnerability
and consequence information.
``(3) Critical infrastructure information.--The Secretary
shall ensure that the Department makes full and efficient use
of open-source information to analyze United States critical
infrastructure from the perspective of terrorists using
publicly available information.
``(e) Staff.--
``(1) In general.--The Secretary shall ensure that the
Office has staff that possess appropriate expertise and
experience to assist the Assistant Secretary in discharging
responsibilities under this section.
``(2) Private sector staff.--Staff under this subsection
may include individuals from the private sector.
``(3) Security clearances.--Staff under this subsection
shall possess security clearances appropriate for their work
under this section.
``(f) Detail of Personnel.--
``(1) In general.--In order to assist the Office in
discharging responsibilities under this section, personnel of
other Federal departments and agencies may be detailed to the
Department for the performance of analytic functions and
related duties.
``(2) Cooperative agreements.--The Secretary and the head
of the Federal department or agency concerned may enter into
cooperative agreements for the purpose of detailing personnel
under this subsection.
``(3) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
``(g) Reprogramming.--The Secretary may not reprogram any funds
allocated to the Office of Infrastructure Protection until 60 days
after the Secretary submits to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives written notification of the
reprogramming.
``SEC. 592. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS.
``(a) In General.--There is in the Department an Office of
Cybersecurity and Telecommunications under the authority of the Under
Secretary for Emergency Management.
``(b) Assistant Secretary for Cybersecurity and
Telecommunications.--The head of the Office shall be the Assistant
Secretary for Cybersecurity and Telecommunications. The Assistant
Secretary shall report directly to the Under Secretary for Emergency
Management.
``(c) Responsibilities of the Assistant Secretary.--The Assistant
Secretary shall carry out the responsibilities of the Department
regarding cybersecurity and telecommunications. Such responsibilities
shall include the following:
``(1) To carry out the duties of the National Cyber
Security Division.
``(2) To carry out, in coordination with the Assistant
Secretary for Emergency Communications, as appropriate, the
duties of the National Communications System.
``(3) To assist the Assistant Secretary for Infrastructure
Protection in developing and maintaining a comprehensive
national plan for securing the key resources and critical
infrastructure of the United States with respect to
cybersecurity and telecommunications, in accordance with
Homeland Security Presidential Directive 7.
``(4) To consult and coordinate with the Assistant
Secretary for Infrastructure Protection, the Under Secretary
for Science and Technology, and, where appropriate, other
relevant Federal departments and agencies, on security of
digital control systems, such as Supervisory Control and Data
Acquisition (SCADA) systems.
``(5) To perform other such duties relating to such
responsibilities as the Secretary may provide.
``(d) Staff.--
``(1) In general.--The Secretary shall provide the Office
with staff having appropriate expertise and experience to
assist the Assistant Secretary in discharging responsibilities
under this section.
``(2) Security clearances.--Staff under this subsection
shall possess security clearances appropriate for their work
under this section.
``(e) Detail of Personnel.--
``(1) In general.--In order to assist the Office in
discharging responsibilities under this section, personnel of
other Federal departments and agencies may be detailed to the
Department for the performance of analytic functions and
related duties.
``(2) Cooperative agreements.--The Secretary and the head
of the Federal department or agency concerned may enter into
cooperative agreements for the purpose of detailing personnel
under this subsection.
``(3) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
``(f) Reprogramming.--The Secretary may not reprogram any funds
allocated to the Office of Cybersecurity and Telecommunications until
60 days after the Secretary submits to the Committees on Appropriations
of the Senate and House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives written notification
of the reprogramming.''.
(b) Clerical Amendments.--The items relating to title V in the
table of contents in section 1(b) of the Homeland Security Act of 2002
are amended to read as follows:
``TITLE V--EMERGENCY MANAGEMENT
``Subtitle A--Directorate of Emergency Management
``Sec. 501. Directorate of Emergency Management.
``Sec. 502. Responsibilities of the Under Secretary.
``Sec. 503. Principal advisor on emergency management.
``Sec. 504. Regional offices.
``Sec. 505. Chief Medical Officer.
``Sec. 506. Office of State, Local, and Tribal Government Coordination.
``Sec. 507. Office of National Capital Region Coordination.
``Sec. 508. National Advisory Council on Emergency Management.
``Sec. 509. Reorganization of Directorate.
``Subtitle B--Emergency Preparedness
``Sec. 521. Office of Grants and Planning.
``Sec. 522. Office of Training and Exercises.
``Sec. 523. Essential capabilities.
``Sec. 524. Catastrophic planning.
``Sec. 525. System assessment and validation for emergency responders
program.
``Sec. 526. Homeland Security Education Program.
``Sec. 527. Office of Public and Community Preparedness.
``Subtitle C--Emergency Response
``Sec. 541. National incident management system and national response
plan integration center.
``Sec. 542. Use of national private sector networks in emergency
response.
``Sec. 543. Nuclear incident response.
``Sec. 544. National urban search and rescue response system.
``Sec. 545. Metropolitan Medical Response System.
``Sec. 546. Emergency Management Assistance Compact authorization.
``Subtitle D--Emergency Communications
``Sec. 561. Office of Emergency Communications.
``Sec. 562. National emergency communications strategy.
``Sec. 563. Assessments and reports.
``Sec. 564. Coordination of Federal emergency communications grant
programs.
``Sec. 565. Regional emergency communications coordination.
``Sec. 566. Emergency Communications Preparedness Center.
``Sec. 567. Urban and other high risk area communications capabilities.
``Sec. 568. Integrated national alert and warning system.
``Subtitle E--Emergency Logistics
``Sec. 581. Prepositioned equipment program.
``Sec. 582. National Asset Inventory Program.
``Sec. 583. Small business database for Federal contracting related to
major disasters and emergency assistance
activities.
``Sec. 584. Fraud prevention training program.
``Subtitle F--Infrastructure Protection and Cybersecurity
``Sec. 591. Office of Infrastructure Protection.
``Sec. 592. Office of Cybersecurity and Telecommunications.''.
SEC. 102. GULF COAST LONG-TERM RECOVERY OFFICE.
(a) Establishment.--The Secretary of Homeland Security shall
establish in the Department of Homeland Security a Gulf Coast Long-Term
Recovery Office to administer amounts available to the Department for
providing assistance to the residents of the Gulf Coast region for
recovering from Hurricanes Katrina and Rita.
(b) Director.--The Office shall be headed by a Director, who shall
be appointed by the Secretary of Homeland Security.
(c) Responsibilities.--The Director of the Gulf Coast Long-Term
Recovery Office shall work with State, local, and tribal governments,
the private sector, and nongovernmental organizations, including faith-
based and other community humanitarian relief entities, to provide
assistance to residents of the Gulf Coast region for recovering from
Hurricanes Katrina and Rita, including the following:
(1) To assess the social and economic consequences in the
areas affected by Hurricanes Katrina and Rita and coordinate
Federal efforts to address long-term community recovery issues.
(2) To advise the Secretary of Homeland Security on the
long-term community recovery implications of response
activities.
(3) To conduct comprehensive market disruption and loss
analysis and develop a forward looking market-based
comprehensive long-term recovery plan for the affected areas.
(4) To identify appropriate Federal programs and agencies
to support the implementation of the long-term community
recovery plan, to ensure coordination across appropriate
Federal departments and agencies, and to identify any gaps in
the available resources.
(5) To avoid duplication of assistance, to coordinate, to
the extent possible, program application processes and planning
requirements in order to streamline assistance, and to identify
and coordinate the resolution of policy and program issues.
(6) To determine responsibilities for recovery activities,
to provide a method of maintaining continuity in the delivery
of assistance under programs administered by various Federal
departments and agencies, and to oversee coordination with
State, local, and tribal governments and other involved
parties, to ensure follow-through of recovery and hazard
mitigation efforts.
(7) To encourage implementation of mitigation measures
during recovery.
(8) To carry out such other activities as determined
appropriate by the Secretary of Homeland Security.
(d) Termination.--The Gulf Coast Long-Term Recovery Office
established under subsection (a) shall terminate at the discretion of
the Secretary.
SEC. 103. NATIONAL DISASTER MEDICAL SYSTEM.
(a) Authorization of Appropriations.--Section 2811 of the Public
Health Service Act (42 U.S.C. 300hh-11), as added by section 102 of the
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002 (116 Stat. 599), is amended in subsection (h) by striking
``such sums'' and all that follows and inserting ``$85,000,000 for each
of the fiscal years 2007 through 2010.''.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Chief Medical Officer of the Department of
Homeland Security, in consultation with the Under Secretary for
Emergency Management, shall submit to Congress a report that provides--
(1) an assessment of the need to expand the National
Disaster Medical System, including an examination of the
feasibility of maintaining a full time, non-volunteer
operational unit or units;
(2) an evaluation of the relationship between the National
Disaster Medical System and the Metropolitan Medical Response
System;
(3) an assessment of the coordination between the
Department and the Department of Health and Human Services
during deployment; and
(4) an evaluation of whether the National Disaster Medical
System should remain in the Department and, if not, which
Department should have responsibility.
SEC. 104. OFFICE OF 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 OF INTEROPERABILITY AND COMPATIBILITY.
``(a) Clarification of Responsibilities.--The Director of the
Office of Interoperability and Compatibility shall--
``(1) assist the Secretary in developing and implementing
the science and technology aspects of the program described in
subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(a)(1));
``(2) 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 requirements for total and nonproprietary
interoperable emergency communications capabilities for all
public safety radio and data communications systems and
equipment;
``(5) evaluate and validate new technology concepts in
real-world environments to achieve interoperable emergency
communications capabilities;
``(6) encourage more efficient use of existing resources,
including equipment and spectrum, to achieve interoperable
emergency communications capabilities;
``(7) test and deploy public safety communications systems
that are less prone to failure, support new nonvoice services,
consume less spectrum, and cost less than existing systems; and
``(8) work with the private sector to develop solutions to
improve emergency communications capabilities and achieve
interoperable emergency communications capabilities.
``(b) Coordination.--The Director shall coordinate with the
Assistant Secretary for Emergency Communications with respect to the
SAFECOM program.
``(c) Sufficiency of Resources.--The Secretary shall provide the
Office for Interoperability and Compatibility the resources and staff
necessary to carry out the responsibilities under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting at the end of the items relating to
title III the following:
``Sec. 314. Office of Interoperability and Compatibility.''.
SEC. 105. INTELLIGENCE ANALYSTS.
(a) In General.--Financial assistance provided to State, local, and
tribal governments by the Secretary of Homeland Security for prevention
activities may be used by the State, local, or tribal government to
hire new staff and contractors to serve as intelligence analysts to
facilitate information and intelligence sharing activities.
(b) Qualifications.--An individual shall successfully complete
training to ensure baseline proficiency in intelligence analysis and
production before the individual may serve as an intelligence analyst
or as a staff intelligence employee or contractor.
(c) Effective Date.--The requirements under subsection (b) shall
apply with respect to an individual hired after the date of the
enactment of this Act.
SEC. 106. REDESIGNATION OF DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) Redesignation of Directorate for Information Analysis and
Infrastructure Protection.--Section 201 of the Homeland Security Act of
2002 (6 U.S.C. 121) is amended--
(1) in subsection (a)(1)--
(A) by striking ``a Directorate for Information
Analysis and Infrastructure Protection'' and inserting
``an Office of Intelligence and Analysis''; and
(B) by striking ``an Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``an Under Secretary for Intelligence and
Analysis'';
(2) by striking subsection (b) and redesignating
subsections (c) through (g) as subsections (b) through (f),
respectively;
(3) in subsection (b), as so redesignated--
(A) by striking ``and infrastructure protection''
and inserting ``and intelligence''; and
(B) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis'';
(4) in subsection (c), as so redesignated--
(A) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
Analysis'';
(B) by striking paragraphs (2), (5), and (6), and
redesignating paragraphs (3) through (19) as paragraphs
(2) through (16), respectively;
(C) in paragraph (2), as so redesignated, by
striking ``To integrate'' and inserting ``To
participate in the integration of''; and
(D) in paragraph (14), as so redesignated, by
inserting ``the Assistant Secretary for Infrastructure
Protection and'' after ``coordinate with'';
(5) in subsections (d) and (e), as redesignated by
subsection (a)(2), by striking ``Directorate'' each place it
appears and inserting ``Office''; and
(6) in subsection (f), as redesignated by subsection
(a)(2), by striking ``, for assignment to the Under Secretary
for Information Analysis and Infrastructure Protection under
this section,''.
(b) Technical and Conforming Amendments.--
(1) Homeland security act of 2002.--The Homeland Security
Act of 2002 is amended--
(A) in section 103(a)(2) (6 U.S.C. 113(a)(2)), by
striking ``Information Analysis and Infrastructure
Protection'' and inserting ``Intelligence and
Analysis'';
(B) in section 223 (6 U.S.C. 123), by striking
``Under Secretary for Information Analysis and
Infrastructure Protection'' and inserting ``Assistant
Secretary for Infrastructure Protection'';
(C) in section 224 (6 U.S.C. 144), by striking
``Under Secretary for Information Analysis and
Infrastructure Protection'' and inserting ``Assistant
Secretary for Cybersecurity and Telecommunications'';
and
(D) in section 302(3) (6 U.S.C. 182(3)), by
striking ``Under Secretary for Information Analysis and
Infrastructure Protection'' and inserting ``Under
Secretary for Intelligence and Analysis and the
Assistant Secretary for Infrastructure Protection''.
(2) Section 201.--
(A) The heading for section 201 of the Homeland
Security Act of 2002 (6 U.S.C. 121) is amended to read
as follows:
``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.
(B) The table of contents in section 1(b) of such
Act is amended by striking the item relating to section
201 and inserting the following:
``Sec. 201. Office of Intelligence and Analysis.''.
(C) The heading for subsection (a) of section 201
of such Act (6 U.S.C. 121) is amended to read as
follows: ``Under Secretary of Homeland Security for
Intelligence and Analysis.--''.
(D) The heading for subsection (b) of section 201
of such Act (6 U.S.C. 121), as redesignated by
subsection (a)(2) of this section, is amended to read
as follows: ``Discharge of Intelligence and Analysis.--
''.
(3) National security act of 1947.--Section 106(b)(2)(I) of
the National Security Act of 1947 (50 U.S.C. 403-6(b)(2)(I)) is
amended to read as follows:
``(I) the Under Secretary of Homeland Security for
Intelligence and Analysis.''.
(4) Intelligence reform and terrorism prevention act of
2004.--Section 7306(a)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3848) is amended by striking ``Under Secretary for Information
Analysis and Infrastructure Protection'' and inserting ``Under
Secretary for Intelligence and Analysis''.
SEC. 107. NATIONAL ACADEMY OF PUBLIC ADMINISTRATION STUDY ON
IMPLEMENTATION OF ORGANIZATIONAL REFORMS.
(a) Study Required.--Subject to the availability of appropriations,
the Secretary of Homeland Security shall enter into an arrangement with
the National Academy of Public Administration to conduct a study of the
implementation of the organizational changes to the Department of
Homeland Security made by this Act and the amendments made by this Act.
Under the arrangement, the Academy shall provide assistance in the
creation and implementation of the Directorate of Emergency Management.
(b) Deadline for Beginning of Study.--The study required under this
section shall begin not later than two months after the date of the
enactment of this Act.
(c) Termination.--The study required under this section shall end
not later than the date that is one year after the date of the
enactment of this Act.
SEC. 108. GAO REPORTS ON AN INVENTORY AND STATUS OF HOMELAND SECURITY
TRAINING.
(a) Initial Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress an initial report on the overall inventory and status of
training programs for emergency response providers in the Department of
Homeland Security and other Federal departments and agencies and the
extent to which such programs are coordinated.
(b) Final Report Required.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress a final report on homeland security training that includes the
following:
(1) An assessment of the effectiveness of the structure and
organization of training programs for emergency response
providers in the Department of Homeland Security and other
Federal departments and agencies.
(2) Recommendations to--
(A) improve the coordination, structure, and
organization of such training programs; and
(B) increase the availability of training to
emergency response providers who are not able to attend
centralized training programs.
(3) A description of the structure and organizational
effectiveness of such programs for emergency response providers
in rural communities.
(4) An identification of any duplication or redundancy
among such programs.
(5) A description of the use of State and local training
institutions, universities, centers, the National Domestic
Preparedness Consortium, and other national training programs
funded by the Department of Homeland Security, in designing and
providing training.
(6) A cost-benefit analysis of the costs and time required
for emergency response providers to participate in training
courses at Federal institutions.
(7) An assessment of the approval process for certifying
training courses that are not administered by the Department of
Homeland Security and that are useful for anti-terrorism
purposes and eligible for grants awarded by the Department.
(8) A description of the use of Department of Homeland
Security grant funds by State, local, and tribal governments to
acquire training.
(9) An analysis of the feasibility of Federal, State,
local, and tribal government personnel receiving the training
that is necessary to adopt the National Response Plan and the
National Incident Management System of the Department of
Homeland Security.
(10) A description of the role of each training institution
within the Department of Homeland Security in the design and
implementation of emergency preparedness and related training
courses for emergency response providers.
SEC. 109. DEFINITIONS.
(a) Expansion of Definition of Emergency Response Provider.--
Paragraph (6) of section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows
and inserting ``includes Federal, State, and local governmental and
nongovernmental emergency public safety, law enforcement, fire,
emergency response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies, and
authorities.''.
(b) New Definitions.--Such section is further amended by adding at
the end the following new paragraphs:
``(17) The term `emergency management' refers to the
governmental function that coordinates and integrates all
activities necessary to build, sustain, and improve the
capability to prepare for, respond to, mitigate against, or
recover from a threatened or actual act of terrorism, natural
disaster, or other emergency.
``(18) The term `prevention' means any activity undertaken
to avoid, prevent, or stop a threatened or actual act of
terrorism.
``(19) The term `emergency response support providers'
includes Federal, State, and local governmental and
nongovernmental utilities, public works, transportation, and
public health and related personnel, organizations, agencies,
and authorities.''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Repeals.--The following provisions of the Homeland Security Act
of 2002 are repealed:
(1) Section 430.
(2) Subtitle A of title VIII.
(3) Section 882.
(b) Other Conforming Amendments.--
(1) Under secretary.--Section 103(a) is amended--
(A) in paragraph (5), by striking ``Preparedness
and Response'' and inserting ``Management''; and
(B) by striking paragraph (7) and redesignating
paragraphs (8) through (10) as paragraphs (7) through
(9), respectively.
(2) Increase in number of assistant secretaries.--Section
103(a)(9) of such Act, as redesignated by paragraph (1)(B), is
amended by striking ``12'' and inserting ``17''.
TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION
SEC. 201. FRAUD, WASTE, AND ABUSE CONTROLS.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following:
``SEC. 707. FRAUD, WASTE, AND ABUSE CONTROLS.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management, shall ensure that--
``(1) all programs within the Directorate administering
Federal assistance develop and maintain proper internal
management controls to prevent and detect fraud, waste, and
abuse;
``(2) application databases used by the Directorate to
collect information on eligible recipients must record
disbursements;
``(3) such tracking is designed to highlight and identify
ineligible applications; and
``(4) the databases used to collect information from
applications for such assistance must be integrated with the
disbursements and payment records.
``(b) Audits and Reviews Required.--The Secretary shall ensure that
any existing database or similar application processing system in
effect on the date of the enactment of this section for Federal
assistance programs administered by the Department undergo a review by
the Inspector General of the Department to determine the existence and
implementation of such internal controls required under this section,
before such database application may be used to determine eligibility
and disbursement of Federal assistance.
``(c) Certification Required.--The Secretary, acting through the
Under Secretary for Emergency Management, shall certify to the Congress
on an annual basis that proper internal controls required under this
section are in place and operational before a database or similar
application processing system may be utilized for the purpose of the
dispensing of Federal assistance.
``(d) Report to Congress.--Recommendations or findings that remain
unresolved between program administrators and the Department Inspector
General for 30 days must be immediately reported to Congress by the
Department Inspector General.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 706
the following:
``Sec. 707. Fraud, waste, and abuse controls.''.
SEC. 202. ASSESSMENT AND REPORT REGARDING UTILIZATION OF INDEPENDENT
PRIVATE SECTOR INSPECTORS GENERAL.
(a) In General.--The Under Secretary for Emergency Management of
the Department of Homeland Security, in consultation with the Under
Secretary for Management, shall--
(1) assess the role that Independent Private Sector
Inspectors General (popularly known as ``IPSIGs'') played in
preventing waste, fraud, and abuse, in contracts for goods or
services purchased or commissioned after the terrorist attacks
on the World Trade Center in New York City on September 11,
2001; and
(2) report the findings of such assessment to Congress by
not later than one year after the date of enactment of this
Act.
(b) Utilization of IPSIGs to Monitor and Provide Greater
Accountability.--Such assessment shall include examination of how
IPSIGs may be utilized to monitor and provide greater accountability
for contracts using Federal funding provided in response to a terrorist
attack, natural disaster, or other national emergency, including
contracts for debris removal and the repair or reconstruction of
damaged infrastructure.
SEC. 203. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE.
(a) In General.--The Homeland Security Act of 2002 is amended by
inserting after section 856 (6 U.S.C. 426) the following:
``SEC. 856A. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE.
``(a) Recipients of Federal Assistance.--
``(1) In general.--Each State, local, tribal, and non-
profit entity that receives Federal assistance funds in
response to acts of terrorism, natural disasters, or other
emergencies shall report to the pertinent Federal agency six
months after the initial disbursement of resources regarding
the expenditure of such funds.
``(2) Contents.--The report shall include a description
of--
``(A) the projects or programs that received
Federal assistance;
``(B) the entity administering the program or
project; and
``(C) the dates and amounts disbursed, allocated,
and expended.
``(b) Federal Assistance Disbursing Agencies.--
``(1) In general.--Each Federal agency that disburses
Federal assistance funds in response to an act of terrorism, a
natural disaster, or another emergency shall report to the
Inspector General of the Department, acting in the Inspector
General's role as chairman of the President's Council on
Integrity and Efficiency Homeland Security Roundtable,
regarding the expenditure of such funds.
``(2) Contents.--The report shall include--
``(A) names and addresses of recipient agencies;
``(B) the purpose for which resources were
provided;
``(C) the amounts disbursed, allocated, and
expended; and
``(D) the status of reporting by agencies that
received disbursements (as set forth under subparagraph
(A).
``(3) Deadline.--The report shall be submitted one year
after the date of enactment of the appropriations Act that
makes the funds available, and on a recurrent basis every six
months thereafter until such time as all such funds are
expended or the Inspector General and such Council determine
that such reports are no longer required.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 856
the following:
``Sec. 856a. Enhanced accountability for Federal assistance.''.
SEC. 204. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO
PREVENT FRAUD, WASTE, AND ABUSE.
(a) In General.--The Homeland Security Act of 2002 is further
amended by inserting after section 856a the following:
``SEC. 856B. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO
PREVENT FRAUD, WASTE, AND ABUSE.
``(a) Confirmation of Identity and Eligibility of Applicants.--Any
Federal, State, local, or tribal agency that disburses Federal grants,
loans, services, and other assistance in response to or for the
recovery from acts of terrorism, natural disasters, or other
emergencies, shall make reasonable efforts to confirm the identity and
eligibility of the applicant for such assistance without placing undue
burden on the applicant.
``(b) Consent to Access.--
``(1) Inclusion on application materials.--The Federal,
State, local, or tribal agency may include provisions on
application materials for grants, loans, services, and other
assistance that would allow access to Internal Revenue Service
information (IRS Form 8821 Tax Information Authorization) and
other relevant Federal databases, to allow government agencies
to share information and enhance the accuracy and expedite the
delivery of assistance to applicants.
``(2) Consent not required.--Any applicant who declines to
consent to the sharing of such information shall not be denied
assistance or otherwise penalized for that reason.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item related to
section 856a the following:
``Sec. 856b. Enhanced information sharing among Federal agencies to
prevent fraud, waste, and abuse. ''.
SEC. 205. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY.
(a) In General.--Subtitle B of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 371) is amended by adding at the end the
following:
``SEC. 813. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY.
``(a) Establishment.--There is established the position of Deputy
Inspector General for Response and Recovery within the Office of the
Inspector General of the Department.
``(b) Appointment.--The Deputy Inspector General shall be
appointed--
``(1) by the Inspector General of the Department; and
``(2) solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations.
``(c) Reporting and Status as SES Position.--The Deputy Inspector
General--
``(1) shall report to, and be under the direct authority
and supervision of, the Inspector General; and
``(2) the Deputy Inspector General shall serve as a career
member of the Senior Executive Service.
``(d) Duties.--
``(1) Audits and investigations.--The deputy Inspector
General shall, in coordination with inspectors general of other
departments, as appropriate, conduct, supervise, and coordinate
audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made available
for response to and recovery from an act of terrorism, natural
disaster, or other emergency by the Federal Government, and of
the programs, operations, and contracts carried out utilizing
such funds, including--
``(A) the oversight and accounting of the
obligation and expenditure of such funds;
``(B) the monitoring and review of reconstruction
activities funded by such funds;
``(C) the monitoring and review of contracts by
such funds;
``(D) the monitoring and review of the transfer of
such funds and associated information between and among
departments, agencies, and entities of the United
States, and private nongovernmental entities; and
``(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
such funds.
``(2) Fraud tip line.--The Deputy Inspector General shall
ensure that not more than 48 hours after a terrorist attack,
natural disaster, or other national emergency, the Office of
the Inspector General institutes and publicizes a Fraud Tip
Line to facilitate the collection of allegations of waste,
fraud, and abuse of Federal assistance funds.
``(3) Avoidance of duplication.--The Deputy Inspector
General shall ensure, to the greatest extent possible, that the
activities of the Deputy Inspector General do not duplicate
audits and investigations of Inspectors General and other
auditors of Federal departments and agencies, and State and
local government entities.
``(4) Coordination with fbi.--The Deputy Inspector General
shall ensure that investigative activities under this section
are coordinated with the Federal Bureau of Investigation.
``(e) Financial Management Matters.--In order to assist the Deputy
Inspector General for the purposes of carrying out this section, all
agencies receiving or distributing Federal funds to respond to acts of
terrorism, natural disasters, or other emergencies shall establish and
maintain budgetary procedures to distinguish funds related to response
and relief efforts from other agency funds.
``(f) Funding.--There is authorized to be appropriated for
operations of the Office of the Deputy Inspector General $11,000,000
for each fiscal year.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item related to
section 812 the following:
``Sec. 813. Deputy Inspector General for Response and Recovery.''.
(c) Deadline for Appointment.--The Inspector General of the
Department of Homeland Security shall appoint the Deputy Inspector
General under this section not later than 60 days after the date of
enactment of this Act.
SEC. 206. PROTECTION OF DEPARTMENT OF HOMELAND SECURITY OFFICIAL SEAL
AND INSIGNIA.
Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is
amended by adding at the end the following new subsection:
``(d) Protection of Name, Initials, Insignia, and Seal.--
``(1) In general.--Except with the written permission of
the Secretary, no person may knowingly use, in connection with
any advertisement, commercial activity, audiovisual production
(including film or television production), impersonation,
Internet domain name, Internet e-mail address, or Internet web
site, merchandise, retail product, or solicitation in a manner
reasonably calculated to convey the impression that the
Department or any organizational element of the Department has
approved, endorsed, or authorized such use, any of the
following (or any colorable imitation thereof):
``(A) The words `Department of Homeland Security',
the initials `DHS', the insignia or seal of the
Department, or the title `Secretary of Homeland
Security'.
``(B) The name, initials, insignia, or seal of any
organizational element (including any former such
element) of the Department, or the title of any other
officer or employee of the Department, notice of which
has been published by the Secretary of Homeland
Security in accordance with paragraph (3).
``(2) Civil action.--Whenever it appears to the Attorney
General that any person is engaged or is about to engage in an
act or practice that constitutes or will constitute conduct
prohibited by subsection (d)(1), the Attorney General may
initiate a civil proceeding in a district court of the United
States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such
action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other
actions as is warranted, to prevent injury to the United States
or to any person or class of persons for whose protection the
action is brought.
``(3) Notice and publication.--The notice and publication
to which paragraph (1)(B) refers is a notice published in the
Federal Register including the name, initials, seal or class of
titles protected under paragraph (1)(B) and a statement that
they are protected under that provision. The Secretary may
amend such notices from time to time as the Secretary
determines appropriate in the public interest and shall publish
such amendments in the Federal Register.
``(4) Audiovisual production.--For the purpose of this
subsection, the term `audiovisual production' means the
production of a work that consists of a series of related
images that are intrinsically intended to be shown by the use
of machines or devices such as projectors, viewers, or
electronic equipment, together with accompanying sounds, if
any, regardless of the nature of the material objects, such as
films or tapes, in which the work is embodied.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Telecommunications and the Internet, for a period to be subsequently determined by the Chairman .
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Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 0.
Mr. Reichert asked unanimous consent that the Committee on Homeland Security (Select) have until midnight on June 23 to file a report on H.R. 5351. Agreed to without objection.
Sponsor introductory remarks on measure. (CR H7967)
Reported (Amended) by the Committee on Homeland Security. H. Rept. 109-712, Part I.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 109-712, Part I.