Foundations for Emergency Management Act or the FEMA Act - Amends the Homeland Security Act of 2002 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.
Requires the Secretary of DHS to: (1) ensure and annual certify that all programs within DEM administering federal assistance maintain proper internal management controls to prevent and detect fraud, waste, and abuse; and (2) develop and implement a fraud prevention training program. Provides for the establishment within DHS of a Deputy Inspector General for Response and Recovery.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize grants for state disaster preparedness programs and plans for catastrophic incidents. Requires the President to conduct annual reviews of federal agencies, states, and local governments in preparing for catastrophic incidents.
Good Samaritan Liability Improvement and Volunteer Encouragement Act of 2006 or the GIVE Act of 2006 - Exempts from liability for acts or omissions in providing services in connection with a declared disaster: (1) disaster relief volunteers; (2) employers or business partners of disaster relief volunteers; (3) hosts or enabling persons, entities, or organizations; and (4) governmental and intergovernmental entities for donations of disaster relief goods. Provides for punitive and non-economic damages only for willful, knowing, or reckless misconduct.
Disaster Recovery Personal Protection Act of 2006 - Prohibits U.S. officers or employees, while acting in support of relief in a major disaster or emergency, from taking specified actions to restrict the possession, registration, or carrying of firearms, such as seizing any firearm the possession of which is not prohibited under federal or state law (with exceptions). Authorizes civil actions in U.S. district court for the return of confiscated firearms.
Hurricane Election Relief Act of 2006 - Directs the Election Assistance Commission to make grants to each state for the purpose of: (1) restoring and replacing supplies, materials, records, equipment, and technology used in the administration of federal elections that were damaged, destroyed, or dislocated as a result of Hurricane Katrina or Hurricane Rita; and (2) ensuring the full participation in such elections by individuals displaced as a result of Hurricane Katrina or Hurricane Rita.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5759 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5759
To amend the Homeland Security Act of 2002 to establish a Directorate
of Emergency Management, to prevent waste, fraud, and abuse in the
Directorate, to codify certain existing functions of the Department of
Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2006
Ms. Harris introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Homeland Security, Energy and Commerce, International
Relations, Judiciary, and House Administration, 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 the Homeland Security Act of 2002 to establish a Directorate
of Emergency Management, to prevent waste, fraud, and abuse in the
Directorate, 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 ``Foundations for
Emergency Management Act'' or the ``FEMA Act''.
(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. Disaster Response Group.
Sec. 103. Streamlined deputation of qualified Federal law enforcement
officers.
Sec. 104. International assistance for domestic catastrophic incidents.
Sec. 105. Gulf Coast Long-Term Recovery Office.
Sec. 106. National Disaster Medical System.
Sec. 107. Office of Interoperability and Compatibility.
Sec. 108. Intelligence analysts.
Sec. 109. Redesignation of Directorate for Information Analysis and
Infrastructure Protection.
Sec. 110. National Academy of Public Administration study on
implementation of organizational reforms.
Sec. 111. GAO reports on an inventory and status of homeland security
training.
Sec. 112. Grants for training and exercises to assist public elementary
and secondary schools.
Sec. 113. Sense of Congress on the Project 25 conformity assessment
project.
Sec. 114. National pandemic influenza exercise.
Sec. 115. Public-private sector planning and response pilot program.
Sec. 116. Emergency Management Performance Grants.
Sec. 117. Hurricane exercise.
Sec. 118. Definitions.
Sec. 119. Conforming amendments.
TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION
Sec. 201. Fraud, waste, and abuse controls; fraud prevention training
program.
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 III--AMENDMENTS TO DISASTER RELIEF AND EMERGENCY ASSISTANCE
PROGRAM
Sec. 301. Definitions.
Sec. 302. State disaster preparedness programs.
Sec. 303. Standards and reviews.
Sec. 304. Penalty for misuse of funds.
Sec. 305. Advance of non-Federal share.
Sec. 306. Mitigation planning.
Sec. 307. Procedure for declaration of major disasters.
Sec. 308. Essential assistance.
Sec. 309. Temporary housing assistance.
Sec. 310. Procedure for declaration of emergencies.
TITLE IV--GOOD SAMARITAN LIABILITY IMPROVEMENT AND VOLUNTEER
ENCOURAGEMENT
Sec. 401. Short title.
Sec. 402. Findings.
Subtitle A--Disaster Relief Volunteer Protection
Sec. 411. Definitions.
Sec. 412. Liability of disaster relief volunteers.
Sec. 413. Liability of employer or partner of disaster relief
volunteer.
Sec. 414. Liability of host or enabling person, entity, or
organization.
Sec. 415. Liability of governmental and intergovernmental entities for
donations of disaster relief goods.
Sec. 416. Limitation on punitive and non-economic damages based on
actions of disaster relief volunteers and
governmental or intergovernmental donors.
Sec. 417. Judicial review of allegations.
Sec. 418. Supplemental declaration.
Sec. 419. Election of State regarding nonapplicability.
Sec. 420. Construction.
Subtitle B--Volunteer Protection Improvements
Sec. 441. Definitions.
Sec. 442. Liability protection for actions of volunteers generally.
Sec. 443. Charitable donations liability reform for in-kind
contributions.
TITLE V--DISASTER RECOVERY PERSONAL PROTECTION
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Prohibition on confiscation of firearms during certain
national emergencies.
TITLE VI--HURRICANE ELECTION RELIEF
Sec. 601. Short title.
Sec. 602. Grants to States for restoring and replacing election
administration supplies, materials,
records, equipment, and technology which
were damaged, destroyed, or dislocated by
Hurricanes Katrina or Rita.
Sec. 603. Authorization of appropriations.
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) Developing for each fiscal year, and submitting
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 managers, emergency response providers, and
emergency 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 and the private sector.
``(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 and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any applicable
provision of an annual Homeland Security Appropriations Act relating to
the reprogramming or transfer of funds.
``(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) Appointment of Principal Federal Official.--Notwithstanding
any provision of the National Response Plan or Homeland Security
Presidential Directive 5, the Secretary, in coordination with the Under
Secretary for Emergency Management, shall designate the Principal
Federal Official for purposes of the National Response Plan.
``(d) 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 and demographic characteristics of the
population 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
support providers, medical providers, the private sector,
nongovernmental organizations, multijurisdictional councils of
governments, and regional planning commissions and
organizations in the geographical area served by the Regional
Office to carry out the responsibilities under this section.
``(2) Core responsibilities.--The core 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) Identifying critical gaps in regional
capabilities to respond to the needs of at-risk
communities, as described in section 527(e).
``(N) 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 managers, emergency response
providers, and emergency support providers; and
``(v) subject matter experts from the
private sector, including nongovernmental
organizations, educational institutions, social
action agencies, and faith-based organizations.
``(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 one year; and
``(ii) one-third shall be appointed for a
term of two 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
biannually 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) 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.
``(F) Provide recommendations on other matters
pertaining to emergency management.
``(G) 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 the Foundations for
Emergency Management Act.
``(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.
``(i) 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. 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) Qualifications.--The individual appointed as Chief Medical
Officer shall possess a demonstrated ability in and knowledge of
medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to 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 managers, emergency response providers, and emergency
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) Developing, in consultation with the Secretary of
Health and Human Services, appropriate patient tracking
capabilities to execute domestic patient movement and
evacuations, including a system that has the capacity of
electronically maintaining and transmitting the health
information of hospital patients.
``(14) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(d) 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 (c).
``(e) Qualifications.--The individual appointed as Deputy Chief
Medical Officer shall possess a demonstrated ability in and knowledge
of medicine and public health.
``(f) 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
managers, emergency response providers, and emergency 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.
``(g) Federal Public Health and Medical Assets.--
``(1) Comprehensive plan.--The Chief Medical Officer shall
develop a comprehensive plan to identify, deploy, and track
public health and medical assets of the Federal Government for
use during a catastrophic event.
``(2) Report to congress.--Not later than 180 days after
the date of enactment of this Act, the Chief Medical Officer
shall submit to Congress a report containing the plan developed
under this subsection.
``SEC. 506. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM.
``(a) Establishment.--The Secretary, acting through the Chief
Medical Officer, shall establish a National Biosurveillance Integration
System (referred to in this section as the `NBIS') to enhance the
capability of the Federal Government to rapidly identify, characterize,
and localize a biological event by integrating and analyzing data from
human health, animal, plant, food, and environmental monitoring systems
(both national and international) into 1 comprehensive system.
``(b) Requirements.--The NBIS shall be designed to detect, as early
as possible, a biological event that presents a risk to the United
States or the infrastructure or key assets of the United States. The
NBIS shall--
``(1) consolidate data from all relevant surveillance
systems maintained by the Department and other governmental and
private sources, both foreign and domestic;
``(2) use an information technology system that uses the
best available statistical and other analytical tools to
automatically identify and characterize biological events in as
close to real-time as possible; and
``(3) process and protect sensitive data consistent with
requirements of applicable privacy laws including the Health
Insurance Portability and Accountability Act of 1996.
``(c) Responsibilities of the Chief Medical Officer.--
``(1) In general.--The Chief Medical Officer shall--
``(A) establish an entity to perform all operations
and assessments related to the NBIS;
``(B) continuously monitor the availability and
appropriateness of data feeds and solicit new
surveillance systems with data that would enhance
biological situational awareness or overall NBIS
performance;
``(C) continuously review and seek to improve the
statistical and other analytical methods utilized by
NBIS;
``(D) establish a procedure to enable States and
local government entities to report suspicious events
that could warrant further assessments using NBIS;
``(E) receive and consider all relevant homeland
security information; and
``(F) provide technical assistance, as appropriate,
to all Federal, regional, State, and local government
entities and private sector entities that contribute
data relevant to the operation of NBIS.
``(2) Assessments.--The Chief Medical Officer shall--
``(A) continuously evaluate available data for
evidence of a biological event; and
``(B) integrate homeland security information with
NBIS data to provide overall situational awareness and
determine whether a biological event has occurred.
``(3) Information sharing.--The Chief Medical Officer
shall--
``(A) in the event that a biological event is
detected, notify the Secretary and disseminate results
of NBIS assessments related to that biological event to
appropriate Federal, regional, State, and local
response entities in a timely manner to support
decisionmaking;
``(B) provide reports on NBIS assessments to
Federal, regional, State, and local governments and any
private sector entities, as considered appropriate by
the Secretary; and
``(C) use available information sharing networks
internal to the Department, as well as those within the
intelligence community and operation centers, for
distributing NBIS incident or situational awareness
reports.
``(d) Notification of Chief Medical Officer.--The Secretary shall
ensure that the Chief Medical Officer is notified of any threat of a
biological event and receives all classified and unclassified reports
related to threats of biological events in a timely manner.
``(e) Administrative Authorities.--
``(1) Hiring of experts.--The Chief Medical Officer shall
hire individuals with the necessary expertise to develop and
operate the NBIS system.
``(2) Detail of personnel.--Upon the request of the Chief
Medical Officer, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel of
that department or agency to the Directorate of Emergency
Management to assist the Chief Medical Officer in carrying out
this section.
``(3) Privacy.--The Chief Medical Officer shall ensure all
applicable privacy regulations are strictly adhered to in the
operation of the NBIS and the sharing of any information
related to the NBIS.
``(f) Joint Biosurveillance Leadership Council.--The Chief Medical
Officer shall--
``(1) establish an interagency coordination council to
facilitate interagency cooperation to advise the Chief Medical
Officer on recommendations to enhance the biosurveillance
capabilities of the Department; and
``(2) invite officials of Federal agencies that conduct
biosurveillance programs, including the Department of Health
and Human Services, the Department of Agriculture, the
Environment Protection Agency, and the Department of Defense,
to serve on such council.
``(g) Annual Report Required.--Not later than December 31 of each
year, the Chief Medical Officer shall submit to Congress a report that
contains each of the following:
``(1) A list of departments, agencies, and private or
nonprofit entities participating in the NBIS and the data each
entity contributes to the NBIS.
``(2) An implementation plan for the NBIS that includes
cost, schedule, and key milestones.
``(3) The status of the implementation of the NBIS.
``(4) The schedule for obtaining access to any relevant
biosurveillance information not compiled in NBIS as of the date
on which the report is submitted.
``(5) A description of the incident reporting or
decisionmaking protocols in effect as of the date on which the
report is submitted and any changes made to such protocols
during the period beginning on the date on which the report for
the preceding year was submitted and ending on the date on
which the report is submitted.
``(6) A list of any Federal, State, or local government
entities that have direct or indirect access to the information
that is integrated into the NBIS.
``(h) Relationship to Other Departments and Agencies.--The
authority of the Chief Medical Officer under this section shall not
affect an authority or responsibility of any other department or agency
of the Federal Government with respect to biosurveillance activities
under any program administered by that department or agency.
``(i) Biological Event.--The term `biological event' means--
``(1) an act of terrorism that uses material of biological
origins; or
``(2) a naturally occurring outbreak of an infectious
disease that may affect national security.
``SEC. 507. 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, reporting,
and certification requirements imposed on State, local, and
tribal governments by the Directorate, identifying duplicative
reporting and certification requirements that can be
eliminated, and determining whether some reports can be used or
adapted to be used to satisfy multiple reporting obligations.
``SEC. 508. NATIONAL OPERATIONS CENTER.
``(a) Establishment.--There is in the Department of Homeland
Security the National Operations Center (referred to in this section as
the `NOC') which shall serve as the Nation's nerve center for
information-sharing and domestic incident management at all times.
``(b) Responsibilities.--The NOC shall--
``(1) increase coordination between Federal, State,
territorial, tribal, local, and private sector partners;
``(2) collect and fuse information from a variety of
sources on a daily basis to monitor threats and help deter,
detect, and prevent terrorist acts;
``(3) provide real-time situational awareness and
coordinate incident and response activities;
``(4) in conjunction with the Office of Intelligence and
Analysis, issue advisories and bulletins concerning threats to
homeland security, as well as specific protective measures; and
``(5) perform other functions the Secretary deems
necessary.
``(c) Director.--The NOC shall be headed by a Director, who shall
be appointed by the Secretary. The Director shall report directly to
the Secretary.
``(d) Staff.--The NOC shall be staffed with full-time employees
from relevant Federal departments and agencies. The NOC shall also be
staffed with employees from other relevant Federal, State, and local
departments and agencies if the Secretary deems it appropriate.
``(e) Transfer of Functions.--The Secretary shall provide for the
transfer to the NOC of the functions of the following entities:
``(1) The Homeland Security Operations Center.
``(2) The National Response Coordination Center.
``(3) The Interagency Incident Management Group.
``(f) Revision of National Response Plan.--The Secretary shall
revise the National Response Plan to carry out this section.
``SEC. 509. 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 to prevent, prepare for, respond to, mitigate
against, and recover from 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 prevent, prepare for, respond
to, mitigate against, and recover from acts of terrorism,
natural disasters, and other emergencies.
``(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
preventing, preparing for, responding to, mitigating against,
and recovering from acts of terrorism, natural disasters, and
other emergencies.
``(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. 510. 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
managers, emergency response providers, and emergency support
providers as necessary.
``(d) Report.--
``(1) In general.--Not later than one year after the date
on which the Advisory Council is established under subsection
(a), and not later than every two 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 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 1 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 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 1 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 one year; and
``(ii) one-third shall be appointed for a
term of two 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. 511. 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 amount and
use of grants awarded by the Department to State, local, and tribal
governments, 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
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.--
``(1) In general.--The Assistant Secretary for Training and
Exercises shall have authority over the following:
``(A) The Center for Domestic Preparedness.
``(B) The National Emergency Training Center.
``(C) The National Exercise and Evaluation Program.
``(2) Noble training center.--The Noble Training Center is
transferred to the Center for Domestic Preparedness. The Center
for Domestic Preparedness shall integrate the Noble Training
Center into the program structure of the Center for Domestic
Preparedness.
``(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 support providers, nongovernmental
organizations, international governments and
organizations, and the private sector;
``(B) shall be--
``(i) multidisciplinary 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 managers, emergency
response providers, and emergency 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;
``(iii) 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
governments 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 governments to
respond in a coordinated and unified manner to
catastrophic acts of terrorism, natural disasters, and
other emergencies.
``(D) To test and evaluate the readiness of
Federal, State, local, and tribal governments 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 managers, emergency
response providers, and emergency support
providers (including such providers located in
both urban and rural areas);
``(ii) Federal, State, and local training
institutions for emergency managers, emergency
response providers, and emergency support
providers; and
``(iii) State and local officials,
including Adjutants General, with expertise in
terrorism preparedness and emergency
management.
``(5) Top official prevention exercises.--Not later than
one year after the date of enactment of the Foundations for
Emergency Management Act, 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 managers, emergency
response providers, and emergency support 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 managers, emergency response providers,
emergency 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 managers, emergency response
providers, or emergency 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 managers, emergency
response providers, and emergency 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) the Texas A&M University System; 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 onsite and mobile 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, emergency managers,
emergency response providers, and emergency support 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 decisionmaking
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 509.
``(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 support
providers.
``(G) State, local, and tribal prevention and
emergency management officials, including Adjutants
General.
``(H) Consensus-based standardmaking organizations
responsible for setting standards relevant to emergency
managers, emergency response providers, and emergency
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
509(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) Purpose.--The purpose of this section is to ensure that, in
return for Federal funds, State and local governments take
responsibility for preparing and planning for catastrophic incidents.
``(b) Catastrophic Incident Defined.--In this section, the term
`catastrophic incident' means any natural or manmade incident,
including terrorism, that results in extraordinary levels of mass
casualties, damage, or disruption severely affecting the population,
infrastructure, environment, economy, national morale, or government
functions.
``(c) 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 a catastrophic incident. The
Secretary shall require the State or urban area to update, implement,
and exercise the catastrophic emergency plan as necessary.
``(d) 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;
``(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; and
``(15) a clearly defined command structure.
``(e) 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.
``(f) 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 Foundations for
Emergency Management Act, 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.
``(g) 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.
``(h) 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 managers, emergency response providers, and emergency
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);
``(3) locally governed multijurisdictional councils of
governments and regional planning commissions; and
``(4) appropriate private sector sources.
``SEC. 525. SYSTEM ASSESSMENT AND VALIDATION FOR EMERGENCY RESPONDERS
PROGRAM.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management and in coordination with the Under
Secretary for Science and Technology, 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 that have not
previously third-party certified to a national voluntary census
standard adopted by the Department, including--
``(A) commercial, off-the-shelf emergency response
provider equipment and systems in all equipment list
categories of the Standardized Equipment List published
by 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.
``(d) Coordination.--In assessing and validating personnel
protective equipment under this section, the Secretary shall, to the
extent practicable, coordinate with the Director of the National
Institute for Occupational Safety and Health.
``SEC. 526. NATIONAL HOMELAND SECURITY ACADEMY.
``(a) Establishment.--
``(1) In general.--The Secretary--
``(A) shall establish the National Homeland
Security Academy (referred to in this section as the
`Academy') within the Office of Training and Exercises
of the Department; and
``(B) may enter into cooperative agreements with
other agencies or entities to utilize space and provide
for the lease of real property for the Academy or any
component of the Academy.
``(2) Composition.--The Academy shall consist of--
``(A) the National Homeland Security Education and
Strategy Center (referred to in this section as the
`Strategy Center') to provide fundamental instruction
and develop a homeland security curriculum focusing
primarily on the Federal Government's overall strategy,
goals, methods, and techniques;
``(B) a communications network capable of
delivering distance learning opportunities, at the
direction of the Strategy Center;
``(C) the programs of the Office of State and Local
Government Coordination and Preparedness' Center for
Homeland Defense and Security located at the Naval
Postgraduate School, and such programs shall be
incorporated into the Academy in a manner to be
determined by the Secretary; and
``(D) the National Homeland Security Education
Network, which--
``(i) shall be composed of representatives
from all of the academies and training centers
within the jurisdiction of the Department;
``(ii) shall work with the Academy to
develop a standardized homeland security
curriculum to be incorporated, as appropriate,
at each academy and training center to ensure
that the focus of the individual centers is
coordinated with the centralized educational
strategies and goals of the Academy; and
``(iii) shall not affect the respective
missions and goals of the participating
academies and training centers.
``(3) Mission.--The mission of the Academy shall be to--
``(A) establish an educational system to--
``(i) cultivate leaders in homeland
security; and
``(ii) ensure that Federal, State, local,
tribal, and private sector officials get the
full range of skills needed to provide robust
homeland security;
``(B) provide strategic education and training to
carry out the missions of the Department of Homeland
Security;
``(C) provide cross-disciplinary and joint
education and training to Federal, State, and local
government officials responsible for the direct
application and execution of vital homeland security
missions; and
``(D) focus primarily on shorter-term classes and
exercises to maximize participation by the homeland
security community.
``(4) Enrollment target.--
``(A) In general.--The Strategy Center shall have
an initial annual enrollment target of 1,000 resident
students, as described in subsection (b)(3)(A).
``(B) Non-resident students.--The enrollment target
under subparagraph (A) does not include non-resident
students, including students who participate in
electronic learning systems.
``(5) Responsibilities.--
``(A) In general.--In addition to providing
traditional course work and hands-on training
exercises, the Academy shall encourage the development
and use of modern technology to ensure that the
training offered at the Academy, and to organizations
and individuals receiving instruction over electronic
learning systems--
``(i) is tailored to the unique needs of
the individuals and groups that need training;
``(ii) efficiently uses such technology;
and
``(iii) translates directly into practical
skills.
``(B) Instructional materials.--The Academy shall
develop instructional requirements for courses related
to its mission that are supported with materials that
are adequately reviewed and continuously updated.
``(C) Certification.--
``(i) In general.--The Academy may
establish certification criteria for students
in areas related to its mission, in
consultation with the Network established under
subsection (e).
``(ii) Recertification.--The criteria
established under clause (i) shall include
requirements for recertification and ensure the
availability of needed assessment tools.
``(D) Information repository.--The Academy shall
provide a repository of approved instructional
materials, instructional software, and other materials
that are easily accessible by participants.
``(E) Communication networks.--The Academy shall
certify, and operate, if necessary, a secure, reliable
communication system capable of delivering
instructional materials to participants at any time and
place.
``(F) Instruction and expertise.--The Academy shall
certify instructors, experts, counselors, and other
individuals who can provide answers and advice to
students over communication systems.
``(6) Strategy center.--
``(A) Responsibilities.--The Strategy Center
shall--
``(i) provide curriculum development and
classroom instruction for resident students
that focus on the strategic goals, methods, and
techniques for homeland security;
``(ii) provide instruction--
``(I) primarily to Federal
employees described under subsection
(b)(3)(A) with homeland security
responsibilities; and
``(II) to small numbers of State
and local government officials and
private individuals; and
``(iii) direct the operation of the
Academy's electronic learning systems.
``(B) Curriculum.--The curriculum taught at the
Strategy Center shall--
``(i) include basic education about
homeland security, the Department, and the
relationship of the directorates within the
Department;
``(ii) include the relationship between the
Department and other Federal, State, and local
agencies with homeland security
responsibilities; and
``(iii) be developed with assistance from
the National Homeland Security Education
Network.
``(b) Administration.--
``(1) Executive director.--The Secretary shall appoint an
Executive Director for the Academy, who shall--
``(A) administer the operations of the Academy;
``(B) establish an Academic Board, to be headed by
the Dean of the Academic Board, appointed under
paragraph (2);
``(C) hire initial staff and faculty, as
appropriate and necessary;
``(D) contract with practitioners and experts, as
appropriate, to supplement academic instruction;
``(E) make recommendations to the Secretary
regarding long-term staffing and funding levels for the
Academy; and
``(F) report to the Executive Director of the
Office of State and Local Government Coordination and
Preparedness.
``(2) Dean of the academic board.--The Executive Director
shall appoint, with the approval of the Secretary, a permanent
professor to serve as Dean of the Academic Board and perform
such duties as the Executive Director may prescribe.
``(3) Director of admissions.--The Executive Director shall
appoint, with the approval of the Secretary, a Director of
Admissions, who shall--
``(A) grant admission to the Strategy Center to--
``(i) new employees of the Department, who
have clear homeland security responsibilities;
``(ii) mid-level executive employees of the
Department, including employees that receive
academy or other training, who demonstrate a
need for cross-disciplinary or advanced
education and training and have been endorsed
by the appropriate Under Secretary;
``(iii) other Federal employees with
homeland security responsibilities who have
been endorsed by the head of their agency;
``(iv) State and local employees who--
``(I) demonstrate a clear
responsibility for providing homeland
security; and
``(II) possess the nomination of
the Governor of their State, or Head of
applicable jurisdiction; and
``(v) private sector applicants who
demonstrate a clear responsibility for
providing homeland security;
``(B) ensure that students from each level of
government and the private sector are included in all
programs and classes, whenever appropriate; and
``(C) perform such duties as the Executive Director
may prescribe.
``(c) Board of Visitors.--
``(1) Establishment.--Before the Academy admits any
students, the Secretary shall establish a Board of Visitors (in
this section referred to as the `Board') to--
``(A) assist in the development of curriculum and
programs at the Academy; and
``(B) recommend the site for the location of the
Strategy Center.
``(2) Membership.--
``(A) Composition.--The Board will be composed of--
``(i) the Secretary, or designee, who shall
serve as chair;
``(ii) the Executive Director of the
Academy, or designee, who shall be a nonvoting
member;
``(iii) the Chairman of the Committee on
Homeland Security and Governmental Affairs of
the Senate, or designee;
``(iv) the Ranking Member of the Committee
on Homeland Security and Governmental Affairs
of the Senate, or designee;
``(v) the Chairman of the Committee on
Homeland Security of the House of
Representatives, or designee;
``(vi) the Ranking Member of the Committee
on Homeland Security of the House of
Representatives, or designee;
``(vii) the Secretary of Health and Human
Services, or designee;
``(viii) the Secretary of Defense, or
designee;
``(ix) the Secretary of Education, or
designee;
``(x) the Secretary of Transportation, or
designee;
``(xi) the Director of the Federal Bureau
of Investigation, or designee;
``(xii) 4 persons, who shall be appointed
by the Secretary for 2-year terms to represent
State and local governments; and
``(xiii) 4 persons, who shall be appointed
by the Secretary for 2-year terms to represent
first responders.
``(B) Prohibition.--Any person described under
subparagraph (A), whose membership on the Board would
create a conflict of interest, shall not serve as a
member of the Board.
``(C) Vacancies.--If a member of the Board dies or
resigns from office, the official who designated the
member shall designate a successor for the unexpired
portion of the term.
``(3) Duties.--
``(A) Academy visits.--The Board shall visit the
Academy not less than annually, and may, with the
approval of the Secretary, make other visits to the
Academy in connection with the duties of the Board or
to consult with the Executive Director of the Academy.
``(B) Inquiries.--The Board shall inquire into the
curriculum, instruction, physical equipment, fiscal
affairs, academic methods, student body composition,
and other matters relating to the Academy that the
Board decides to consider.
``(C) Reports.--
``(i) Annual report.--Not later than 60
days after each annual visit, the Board shall
submit a written report to the Secretary, which
describes its action, and of its views and
recommendations pertaining to the Academy.
``(ii) Additional reports.--Any report of a
visit, other than the annual visit, shall, if
approved by a majority of the members of the
Board, be submitted to the Secretary not later
than 60 days after the approval.
``(4) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
``(d) Reports to Congress.--
``(1) Curriculum and attendance.--The Secretary shall
submit an annual report that describes the curriculum of, and
enrollment at, the Academy to--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of the
House of Representatives.
``(2) Feasibility report.--Not later than 1 year after the
establishment of the Academy, the Secretary shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives that--
``(A) recommends an appropriate combination of
students from Federal, State, and local government and
the private sector, and the percentage of costs related
to the education of each of these student groups that
should be reimbursable;
``(B) describes the feasibility of expanding the
Academy in regional offices established by the
Department or other government or university programs
to provide ongoing education and training for Federal
employees with homeland security responsibilities; and
``(C) describes the feasibility of providing
education for the general public through electronic
learning systems.
``(e) National Homeland Security Education Network.--
``(1) Establishment.--The Executive Director of the Academy
shall establish a National Homeland Security Education Network
(referred to in this section as the `Network'), as described
under subsection (a)(2)(B).
``(2) Membership.--The Network shall be comprised of
representatives from Federal training and certification
organizations, including--
``(A) the National Homeland Security Academy;
``(B) the Office of Domestic Preparedness;
``(C) the National Domestic Preparedness
Consortium;
``(D) the Center for Homeland Defense and Security
at the Naval Postgraduate School;
``(E) the Federal Law Enforcement Training Center,
including all schools or training and education
programs managed or co-located with the Center;
``(F) the Customs and Border Protection Academy;
``(G) the Border Patrol Academy;
``(H) the Bureau of Immigration and Customs
Enforcement Academy;
``(I) the Secret Service Academy;
``(J) the United States Coast Guard Academy,
including all schools within the jurisdiction of the
Coast Guard Academy;
``(K) the Emergency Management Institute;
``(L) the Animal and Plant Health Inspection
Service Training Program;
``(M) the Federal Air Marshal Training Center;
``(N) the National Fire Academy; and
``(O) other relevant training facilities within the
Department.
``(3) Curriculum requirements.--The curriculum and course
work developed as part of the Network shall be incorporated
into the curriculum of the institutions listed under paragraph
(2), as appropriate, to ensure that students at these
institutions understand how their homeland security
responsibilities relate to other homeland security
responsibilities in the Department and other Federal, State,
and local agencies. The training centers and academies listed
under paragraph (2) shall retain their respective missions and
goals.
``(4) Semi-annual meetings.--The Executive Director and the
Dean of the Academic Board shall meet with the Network not less
than once every 6 months to--
``(A) discuss curriculum requirements; and
``(B) coordinate training activities within the
Network.
``(5) Reports.--Not later than 2 years after the date of
enactment of this section, and every 2 years thereafter, the
Network shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives,
which describes the Network's--
``(A) strategy for using advanced instructional
technologies;
``(B) plans for future improvement; and
``(C) success in working with other organizations
in achieving the goals described under subparagraphs
(A) and (B).
``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 managers, emergency response
providers, emergency support providers, 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 managers,
emergency response providers, emergency 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.
``SEC. 528. PRESCRIPTED MISSION ASSIGNMENTS AND REQUESTS FOR
ASSISTANCE.
``The Secretary shall develop prescripted mission assignments and
requests for assistance for assets most likely to be used in responding
to future emergencies and disasters.
``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, the Assistant Secretary
for Training and Exercises, the heads of other appropriate Federal
departments and agencies, and the National Advisory Council on
Emergency Management under section 509, 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, in consultation with the
Director for Public and Community Preparedness and the
Director of the Corporation for National and Community
Service, 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;
``(I) conforming the NRP and NIMS to the provisions
of this Act;
``(J) reviewing other matters pertaining to the
NIMS and the NRP as the Secretary may require;
``(K) clarifying, in consultation with the
Secretary and the Secretary of Defense, the role of the
Department of Defense in catastrophic events under the
NRP, including the circumstances in which the
Department of Defense should be employed and the
objectives and limitations that the Department of
Defense should have;
``(L) defining the circumstances under which the
Catastrophic Incident Annex and Supplement should be
invoked under the NRP for known and no-notice events;
and
``(M) designating which agency has the primary
responsibility under the NRP for emergency support
function 13 (Public Safety and Security) and in which
circumstances.
``(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
managers, emergency response providers, and emergency support
providers, 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 organizations and
associations representing emergency managers, emergency
response providers, and emergency support providers.
``(13) Facilitating the establishment and maintenance of a
documentation and database system related to qualification,
certification, and credentialing of emergency managers,
emergency response providers, and emergency support providers
and nongovernmental 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.
``(14) Establishing a data maintenance system to provide
emergency managers with the detailed qualification, experience,
and training information needed to credential personnel for
prescribed national emergency 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.
``(d) Operational Plans.--
``(1) Development.--The head of each primary department and
agency for each emergency support function under the NRP shall
develop detailed operational plans describing--
``(A) how the department or agency will become
operational during an incident of national
significance; and
``(B) how the department or agency will coordinate
with other annexes and emergency support functions.
``(2) Standards.--Operational plans developed under
paragraph (1) should conform to the NIMS and be consistent with
the emergency support function structure.
``(3) Reports to congress.--Not later than one year after
the date of the Director's realignment of emergency support
functions pursuant to subsection (c)(1)(D), the head of each
primary department and agency shall submit to Congress a report
containing an operational plan developed under this subsection,
together with a certification that the response structures of
the department or agency are aligned with the NIMS and the NRP.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2007 through 2010.
``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 Foundations for Emergency Management Act.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $40,000,000 for each of fiscal years 2007 through
2009; and
``(2) such sums as may be necessary for each fiscal year
after fiscal year 2009.
``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 is authorized to be
appropriated to the Secretary to carry out this section $60,000,000 for
each of 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;
``(3) to coordinate with State and local government
entities and their respective national associations; or
``(4) to administer the operations of the Emergency
Management Assistance Compact.
``(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 Foundations
for Emergency Management Act;
``(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
Foundations for Emergency Management Act.
``(f) Sufficiency of Resources Plan.--
``(1) Report.--Not later than days 60 days after the
enactment of this section, the Secretary shall submit to
Congress a report on the resources and staff necessary to carry
out the responsibilities under this subtitle.
``(2) Comptroller general review.--The Comptroller General
shall review the validity of the report submitted by the
Secretary under paragraph (1). Not later than 30 days after
the date on which such report is submitted, the Comptroller
General shall submit to Congress a report containing the
findings of such review.
``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
support responders, and the private sector, develop a National
Emergency Communications 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
existing and emerging technologies that facilitate 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.--Not
later than one year after the date of the enactment of this section and
not less than every 5 years thereafter, the Secretary, acting through
the Assistant Secretary for Emergency Communications, shall 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; and
``(3) identify the gap between such current capabilities
and defined requirements.
``(b) Progress Reports.--Not later than one 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 progress of the Department in
implementing and achieving the goals of this subtitle, including--
``(1) a description of the findings of the most recent
baseline assessment conducted under subsection (a);
``(2) a determination of the degree to which interoperable
emergency communications has been achieved to date and
ascertain the needs that remain for interoperability to be
achieved;
``(3) an assessment of the ability of communities to
provide and maintain interoperable emergency communications
among emergency managers, emergency response providers,
emergency 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;
``(4) 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
``(5) an evaluation of the feasibility and desirability of
the Department developing, on its own or in conjunction with
the Department of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be deployed to
support emergency communications at the site of acts of
terrorism, natural disasters, or other emergencies.
``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 the
Assistant Secretary for Grants and Planning, and in
consultation with the Assistant Secretary for Emergency
Communications, shall 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 such
government has not complied with the requirement to submit a
Statewide Interoperable Communications Plan as required by
section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f)) within 2 years after
the date of enactment of this section.
``(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 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) State emergency managers, homeland security
directors, or representatives of State Administrative
Agencies.
``(R) Local emergency managers or homeland security
directors.
``(S) 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
multijurisdictional, 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 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--Logistics
``SEC. 580. CHIEF LOGISTICS OFFICER.
``(a) Appointment.--There is in the Department a Chief Logistics
Officer, who shall be appointed by the Secretary. The Chief Logistics
Officer shall oversee all logistics operations of the Department across
multiple support functions.
``(b) Supply Chain Management System.--The Chief Logistics Officer
shall be responsible for developing and maintaining an integrated
supply chain management system. The supply chain management system
shall be structured to be compatible with the National Incident
Management System.
``(c) Responsibilities.--The Chief Logistics Officer shall --
``(1) guide and assist Federal, State, and local entities
that manage emergency response assets and commodities to enable
the entities to procure and deliver supplies for emergency
operations; and
``(2) provide for the development of logistics technology
and software solutions to allow emergency managers to view all
assets in the supply chain and to be able to access those
assets.
``(d) Regional Logistics Officers.--Each regional office of the
Department shall have a logistics officer, who shall be appointed by
the Secretary.
``SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM.
``(a) In General.--The Secretary, acting through the Under
Secretary for Emergency Management and in coordination with the
Regional Directors, 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;
``(4) search and rescue equipment;
``(5) medical equipment and supplies;
``(6) communications equipment;
``(7) mobile shelters;
``(8) mobile medical facilities; and
``(9) 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. 21ST CENTURY LOGISTICS SYSTEM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Emergency Management, shall, in consultation with the
private sector and the heads of other appropriate Federal departments
and agencies, develop a 21st century logistics system that includes
real-time tracking of assets. The system shall be efficient,
transparent, and flexible for procurement and delivery of goods and
services necessary for an effective and timely response to major
disasters and other emergencies.
``(b) System Development.--The Secretary shall ensure that the
logistics system is developed through the use of in-house, private
sector, and other Federal agency logistics capabilities (or a
combination thereof).
``(c) 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 21st century logistics
system shall include an inventory of Federal response capabilities and
corresponding assets and resources. Such inventory shall include--
``(1) the performance parameters of each capability;
``(2) the timeframe 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.
``(d) 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.
``(e) 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.
``(f) 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.
``(g) 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.
``(h) 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.
``(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. PRE-NEGOTIATED CONTRACTS FOR DELIVERY OF GOODS AND SERVICES
AFTER EMERGENCIES.
``(a) In General.--The Undersecretary for Emergency Management, in
accordance with the process for coordinated, pre-negotiated contracts
established pursuant to section 504(e)(7)(E), shall have, and may
delegate to any Regional Director for Emergency Management, the
authority to enter into contracts for the delivery of necessary goods
or services relating to the response to or recovery from acts of
terrorism, natural disasters, or other emergencies affecting the
geographical area served by the Regional Office of that Regional
Director.
``(b) Necessary Goods and Services.--The necessary goods and
services referred to in subsection (a) include the following:
``(1) Debris removal and other disaster clean-up needs.
``(2) The provision of food, water, ice, and first aid
supplies.
``(3) Meals-ready-to-eat.
``(4) The provision of such other goods and services as
determined appropriate by the each Regional Director in
coordination with the applicable Regional Advisory Council on
Emergency Management.
``(c) Preference for Contracts With Small Businesses.--To the
greatest extent practicable, in entering into a contract under
subsection (a), the Under Secretary, or the relevant delegated Regional
Director for Emergency Management, shall give a preference to a small
business entity, as that term is defined in section 583.
``(d) Competitive Procedures.--In entering into a contract under
this section, the Under Secretary, or the relevant delegated Regional
Director for Emergency Management, shall use competitive procedures, to
the maximum extent practicable, except as otherwise provided by law.
``(e) Consultation With Other Federal Departments and Agencies.--
The Under Secretary, or the relevant delegated Regional Director for
Emergency Management, shall consult with the head of a Federal
department or agency with respect to any contract entered into by the
head of such department or agency using funds made available for
preparedness, mitigation, response, and recovery with respect to acts
of terrorism, natural disasters, and other emergencies.
``(f) Relationship to Federal Assistance.--In the case of a
contract that has been negotiated by the relevant Regional Director for
Emergency Management acting under authority delegated by the Under
Secretary, the existence of a contract entered into under this section
shall not prevent a State, local, or tribal government from receiving
or using Federal assistance for the provision of necessary goods and
services relating to response or recovery.
``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 assess the preparedness capabilities of critical
infrastructure to mitigate against, respond to, and recover
from acts of terrorism and other catastrophic emergencies,
including natural disasters.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) 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.
``(9) In carrying out responsibilities under paragraphs (1)
and (2), to consult with other Federal, State, local, and
tribal government agencies and authorities as appropriate.
``(10) 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 and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any applicable
provision of an annual Homeland Security Appropriations Act relating to
the reprogramming or transfer of funds.
``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 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 establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity
threat information on national critical
infrastructure identified under Homeland
Security Presidential Directive 7; and
``(ii) aid in the detection and warning of
potential vulnerability or attack that could
cause widespread disruption, and in the
restoration of, cybersecurity infrastructure in
the aftermath of such attacks;
``(B) a national cybersecurity threat and
vulnerability reduction program that facilitates and
coordinates with businesses and organizations to
conduct risk assessments on information technology and
deal with vulnerabilities that would have a national
effect on critical infrastructure and that coordinates
the mitigation of such vulnerabilities;
``(C) a continuity of operations program to plan
and allocate resources for the continuation of critical
information operations in the event of a large scale
disruption of the information infrastructure and to
coordinate a response;
``(D) a reconstitution program to ensure that
priorities, procedures, and resources are in place to
reconstitute information infrastructures in the
government and private sector that are critical to the
orderly functioning of the economy, health of the
population, and national security;
``(E) a resiliency program that will support basic
and fundamental research to improve the reliability of
network protocols as well as provide for reasonable
security controls and that will work with the private
sector to improve the security of key network protocols
and develop more secure, reliable successors;
``(F) a national public-private cybersecurity
awareness, training, and education program that
promotes Internet security awareness among all enduser
groups, including the education community, students,
businesses, and government entities, and helps
coordinate cybersecurity awareness initiatives;
``(G) a Government cybersecurity program to
coordinate and consult with Federal, State, and local
governments to enhance their cybersecurity programs;
and
``(H) a national security and international
cybersecurity cooperation program to help foster
Federal efforts to enhance international cybersecurity
awareness and cooperation.
``(2) To coordinate and to leverage existing efforts within
the private sector on the program under paragraph (1) as
appropriate and to promote cybersecurity information sharing,
vulnerability assessment, and threat warning regarding critical
infrastructure.
``(3) To coordinate with other directorates and offices
within the Department and with other Federal agencies, as
appropriate, on the cybersecurity aspects of their missions.
``(4) To carry out, in coordination with the Assistant
Secretary for Emergency Communications, as appropriate, the
duties of the National Communications System.
``(5) To coordinate with the Under Secretary to ensure that
the National Response Plan developed includes appropriate
measures for the recovery of the cybersecurity elements of
critical infrastructure.
``(6) To develop processes for information sharing with the
private sector, consistent with section 214, that--
``(A) promote voluntary cybersecurity best
practices, standards, and benchmarks that are
responsive to rapid technology changes and to the
security needs of critical infrastructure; and
``(B) consider roles of Federal, State, local, and
foreign governments, appropriate standards bodies, and
the private sector, including the insurance industry
and auditors.
``(7) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including with
respect to the Department's operation centers.
``(8) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach and
information activities.
``(9) To consult with the Office for Training and Exercises
to ensure that realistic cybersecurity scenarios are
incorporated into training exercises, including tabletop and
recovery exercises.
``(10) To consult and coordinate with the Assistant
Secretary for Infrastructure Protection, the Under Secretary
for Science and Technology, and, where appropriate, with other
relevant Federal departments and agencies, on the security of
digital control systems, such as Supervisory Control and Data
Acquisition systems.
``(11) To consult and coordinate with the Under Secretary
for Science and Technology on cybersecurity research and
development requirements.
``(d) Annual Report.--The Secretary shall submit to Congress an
annual report on the programs under this section and the specific
funding requirements of each priority and objective of the Secretary
with respect to such programs. For each priority or objective the
Secretary shall describe how the private sector is involved in each
such program.
``(e) Deadline for Nomination.--Not later than 90 days after the
date of the enactment of this section, the President shall nominate an
individual to serve as the Assistant Secretary for Cybersecurity and
Telecommunications.
``(f) 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.
``(g) 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.
``(h) Reprogramming and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any applicable
provision of an annual Homeland Security Appropriations Act relating to
the reprogramming or transfer of funds.''.
(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. National Biosurveillance Integration System.
``Sec. 507. Office of State, Local, and Tribal Government Coordination.
``Sec. 508. National Operations Center.
``Sec. 509. Office of National Capital Region Coordination.
``Sec. 510. National Advisory Council on Emergency Management.
``Sec. 511. 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. National Homeland Security Academy.
``Sec. 527. Office of Public and Community Preparedness.
``Sec. 528. Prescripted mission assignments and requests for
assistance.
``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--Logistics
``Sec. 580. Chief Logistics Officer.
``Sec. 581. Prepositioned equipment program.
``Sec. 582. 21st century logistics system.
``Sec. 583. Small business database for Federal contracting related to
major disasters and emergency assistance
activities.
``Sec. 584. Pre-negotiated contracts for delivery of goods and services
after emergencies.
``Subtitle F--Infrastructure Protection and Cybersecurity
``Sec. 591. Office of Infrastructure Protection.
``Sec. 592. Office of Cybersecurity and Telecommunications.''.
SEC. 102. DISASTER RESPONSE GROUP.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Chairman of the Homeland Security Council
shall establish within the Council a Disaster Response Group (referred
to in this section as the ``DRG'').
(b) Responsibilities.--
(1) In general.--The DRG shall be responsible for resolving
interagency conflicts arising during incidents of national
significance and any related strategic policy planning and
interagency coordination activities.
(2) Conflict resolution.--Decisions of the DRG relating to
interagency conflicts shall be implemented through the Director
of the National Operations Center of the Department of Homeland
Security. In the event a conflict cannot be resolved, the DRG
shall develop recommendations for deputies and principals.
(c) Membership.--The Chairman shall determine and appoint the
members of the DRG. The structure of the DRG shall be similar to the
structure of Counterterrorism Security Group. The Chairman shall
consult with members of the Counterterrorism Security Group in the
establishment of the DRG.
(d) Meetings.--The DRG shall conduct meetings on a regular basis,
but more frequently during times of crisis.
SEC. 103. STREAMLINED DEPUTATION OF QUALIFIED FEDERAL LAW ENFORCEMENT
OFFICERS.
The Attorney General shall develop procedures for the streamlined
deputation of qualified Federal law enforcement officers to assist in
areas affected by an emergency, major disaster, or catastrophic
incident. The Attorney General should consult with the appropriate
State officials to develop agreements under which a State requesting
Federal law enforcement assistance agrees in advance to grant limited
State law enforcement authority to Federal agents for the duration of
the emergency, major disaster, or catastrophic incident.
SEC. 104. INTERNATIONAL ASSISTANCE FOR DOMESTIC CATASTROPHIC INCIDENTS.
(a) Procedures for Review of Offers of International Assistance.--
The Secretary of Homeland Security, acting jointly with the Secretary
of State and in consultation with the heads of other appropriate
Federal agencies, shall develop procedures for reviewing, accepting, or
rejecting offers of international assistance for domestic catastrophic
incidents.
(b) Contents.--Procedures developed under subsection (a) shall
include--
(1) an appropriate mechanism, to be administered by the
Secretary of Homeland Security and supported by the Secretary
of State and the Secretary of Treasury, to receive, disburse,
and audit any cash assistance received in support of victim
needs;
(2) a coordination process among Federal agencies and non-
governmental partners to solicit, accept, receive, integrate,
and distribute foreign assistance;
(3) an expedited review process for international aid that
addresses both critical needs and legitimate foreign policy
objectives;
(4) a process to provide for the inclusion of a
representative of the United States Agency for International
Development (referred to in this section as ``USAID'') in the
Joint Field Office;
(5) a process to provide for the inclusion of--
(A) a representative from USAID, including the
Office of U.S. Foreign Disaster Assistance (referred to
in this section as ``OFDA'') on the State Department
Task Force, and a representative of the Department of
State on USAID/OFDA's Response Management Team, to
improve interagency coordination; and
(B) a representative of the Department of Homeland
Security on the State Department Task Force and USAID/
OFDA's Response Management Team to provide more
efficient information sharing about assistance needs on
the ground.
SEC. 105. 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. 106. 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. 107. 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. 108. 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. 109. 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) Section 507.--Section 507(b) of the Homeland Security
Act of 2002 (6 U.S.C. 317(b)) is repealed.
(4) 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.''.
(5) 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. 110. 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. 111. 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. 112. GRANTS FOR TRAINING AND EXERCISES TO ASSIST PUBLIC ELEMENTARY
AND SECONDARY SCHOOLS.
(a) In General.--Financial assistance provided by the Secretary of
Homeland Security to a State, local, or tribal government under a
program described in subsection (b) may be used by the State, local, or
tribal government to provide training or exercises to assist public
elementary and secondary schools in developing and implementing
programs to instruct students with respect to age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or recover from
acts of terrorism, natural disasters, and other emergencies.
(b) Programs Described.--The programs referred to in subsection (a)
are the following:
(1) The State Homeland Security Grant program.
(2) The Urban Area Security Initiative.
(3) The Law Enforcement Terrorism Prevention Program.
SEC. 113. SENSE OF CONGRESS ON THE PROJECT 25 CONFORMITY ASSESSMENT
PROJECT.
It is the sense of Congress that in carrying out the
responsibilities and authorities of the Department of Homeland Security
relating to the SAFECOM Program, the Assistant Secretary of Homeland
Security for Emergency Communications should work with the National
Institute of Standards and Technology for the purpose of implementing,
as soon as possible, the Project 25 Compliance Assessment Program.
SEC. 114. NATIONAL PANDEMIC INFLUENZA EXERCISE.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Assistant Secretary of Homeland Security for Training and
Exercises, in coordination with the Chief Medical Officer of the
Department of Homeland Security, and in cooperation with the Secretary
of Health and Human Services, the Secretary of Defense, the Secretary
of Agriculture, and the heads of all other Federal, State, and local
government agencies responsible for pandemic influenza preparedness and
response shall conduct a full-scale, national exercise to test the
effectiveness and implementation of the National Strategy for Pandemic
Influenza.
(b) Scenarios.--In carrying out the national exercise under
subsection (a), the Secretary of Homeland Security shall use the
following scenarios:
(1) The introduction of highly pathogenic H5N1 influenza
into the domestic poultry supply by transmission from migratory
wild birds. The same transmission and mortality/morbidity
characteristics as the strain existing as of May 2006 shall be
assumed. No human-to-human transmission may be assumed, but
bird-to-human transmission shall be assumed possible with the
same level of probability as the existing strain.
(2) The introduction of a strain of virus mutated from H5N1
that is transmissible from human to human with the same
efficiency as seasonal influenza and the morbidity/mortality
characteristics of the 1918 outbreak of influenza commonly
referred to as the Spanish flu.
(c) Nature of Exercise.--The national exercise under subsection (a)
shall be as realistic as possible, as provided in subsection (e), and
may not be conducted as a table-top exercise.
(d) Participation.--The national exercise under subsection (a)
shall involve all 50 States, and all counties and cities within the
States.
(e) Planning Assumptions.--In carrying out the national exercise
under subsection (a), the Secretary shall make the following
assumptions:
(1) Only medical supplies that are available or could be
manufactured at the time of the exercise may be used. The
Secretary may not assume that the Federal Government possesses
more vaccine, medicine, or medical supplies than is held in the
stockpile under section 319F-2 of the Public Health Service Act
at such time, and may not assume that the Federal Government
can make more vaccine, medicine, or medical supplies than the
production capacity that exists as of such time.
(2) Medical facilities may only provide the amount of
space, personnel, and medical supplies identified at the time
the exercise is conducted, but the Secretary may use facilities
other than medical facilities for medical purposes.
SEC. 115. PUBLIC-PRIVATE SECTOR PLANNING AND RESPONSE PILOT PROGRAM.
(a) In General.--Under Secretary of Homeland Security for Emergency
Management shall 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
for the region a network of critical resources and key individuals in
accordance with subsection (b).
(b) Network Features.--The network shall consist of--
(1) critical resources that can be activated immediately
for emergency response in the region, including preparation of
a specific list of items, their locations, and logistics
managers to provide them; and
(2) key individuals who know how to reach each other in a
crisis, and have backup communications plans if primary
communications systems fail.
(c) Included Critical Resources.--The critical resources identified
under subsection (b) shall include the following:
(1) Communications experts and equipment, including a corps
of technology experts who can surge when and where needed to
provide both equipment and expertise to fix and build
communications systems.
(2) Food and water, including both at stationery locations
and mobile capabilities.
(3) Construction equipment and personnel.
(4) Medical care facilities and medical corps to treat non-
life threatening injuries.
(5) Transportation resources, including buses, trains,
trucks, helicopters, and amphibious vehicles.
(d) Program Features.--Under Secretary for Emergency Management
shall ensure that the pilot program--
(1) has built-in flexibility to ensure the utilization of
additional private sector offers of assistance and
identification of new vital resources that were not anticipated
in advance; and
(2) is implemented in accordance with a concise, user-
friendly plan under which the Regional Director can
expeditiously and efficiently activate the network identified
under subsection (b) at the time the Under Secretary for
Emergency Management declares an incident of national
significance.
(e) Protocols.--Under Secretary for Emergency Management shall
establish protocols for the pilot program by not later than 180 days
after the establishment of the program under subsection (a).
(f) Intent of Congress.--The Congress--
(1) does not intend in this section that the Directorate of
Emergency Management of the Department of Homeland Security
rely on the private sector to the extent of minimizing the
procurement of emergency supplies and personnel and other
activities under this Act or any other law; and
(2) intends in this section that a public-private
partnership network be identified and treated as a possible
resource in the event of a catastrophic act of terrorism,
natural disaster, or other emergency.
SEC. 116. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.
For the Emergency Management Performance Grants Program formerly
conducted by the Directorate for Preparedness, there is authorized to
be appropriated $360,000,000 for fiscal year 2007.
SEC. 117. HURRICANE EXERCISE.
(a) In General.--Not later than December 31, 2008, the Secretary of
Homeland Security, in cooperation with the heads of Federal, State, and
local departments and agencies, representatives of volunteer
organizations, and other appropriate experts, shall conduct an exercise
to simulate a hurricane hitting New York City for purposes of the
preparation for, response to, and recovery from such an event.
(b) Report.--Not later than 90 days after the last day of the
exercise, the Secretary shall submit to Congress a report on the
results of the exercise, including information concerning how the
exercise was developed and conducted, who participated in the exercise,
the findings of participants, and recommendations for future actions.
SEC. 118. 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,
emergency, natural disaster, or catastrophic incident.
``(18) The term `prevention' means any activity undertaken
to avoid, prevent, or stop a threatened or actual act of
terrorism.
``(19) The term `emergency 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. 119. 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; FRAUD PREVENTION TRAINING
PROGRAM.
(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.
``SEC. 708. 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 nonprofit 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 nonprofit 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.''.
(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. 708. Fraud prevention training program.''.
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
and post the report on the primary agency public access
website.
(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 nonprofit
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.
``(3) Minimizing reporting burden.--The Under Secretary for
Emergency Management shall determine whether the requirement to
report under this section is duplicative of or can be combined
with other reporting requirements and, if so, the Under
Secretary shall combine such requirements and eliminate such
duplication.
``(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 submit 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, a report
on the expenditure of such funds.
``(2) Contents.--Each report required under paragraph (1)
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.--Each report submitted under paragraph (1)
shall be submitted not later than one year after the date of
the enactment of the appropriations Act that makes available
the Federal assistance funds covered by the report, 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 shall--
``(1) report to, and be under the direct authority and
supervision of, the Inspector General; and
``(2) 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.''.
TITLE III--AMENDMENTS TO DISASTER RELIEF AND EMERGENCY ASSISTANCE
PROGRAM
SEC. 301. DEFINITIONS.
(a) Major Disaster.--Section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is
amended to read as follows:
``(2) Major disaster.--The term `major disaster' means any
natural or manmade disaster (including any hurricane, tornado,
storm, high water, winddriven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm,
drought, terrorist attack, fire, flood, explosion, or other
similar incident), in any part of the United States, which in
the determination of the President causes damage of sufficient
severity and magnitude to warrant major disaster assistance
under this Act to supplement the efforts and available
resources of States, local governments, and disaster relief
organizations in alleviating the damage, loss, hardship, or
suffering caused thereby.''.
(b) Catastrophic Incident.--Section 102 of such Act (42 U.S.C.
5122) is amended by adding at the end the following:
``(10) Catastrophic incident.--The term `catastrophic
incident' means any major disaster that results in
extraordinary levels of mass casualties, damage, or disruption
severely affecting the population, infrastructure, environment,
economy, national morale, or government functions. A
catastrophic incident could result in sustained national
impacts over a prolonged period of time; almost immediately
exceeds resources normally available to State, local, tribal,
and private-sector authorities in the impacted area; and
significantly interrupts governmental operations and emergency
services to such an extent that national security could be
threatened.''.
SEC. 302. STATE DISASTER PREPAREDNESS PROGRAMS.
Section 201(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131) is amended by striking
``emergencies and major disasters'' and inserting ``emergencies, major
disasters, and catastrophic incidents''.
SEC. 303. STANDARDS AND REVIEWS.
Section 313 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5156) is amended by striking the second
sentence and inserting the following: ``The President shall conduct
annual reviews of Federal agencies, States, and local governments in
preparing for emergencies, major disasters, and catastrophic incidents
and in providing major disaster and emergency assistance in order to
ensure maximum coordination and effectiveness of such programs and
consistency in policies for reimbursement of States under this Act.''.
SEC. 304. PENALTY FOR MISUSE OF FUNDS.
Section 314(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5157(a)) is amended to read as
follows:
``(a) Misuse of Funds.--Any person who knowingly and willfully
misapplies the proceeds of a loan or other cash benefit obtained under
this Act shall be fined an amount equal to 3 times the misapplied
amount of the proceeds or cash benefit.''.
SEC. 305. ADVANCE OF NON-FEDERAL SHARE.
Section 319(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5162(a)) is amended to read as
follows:
``(a) In General.--The President may lend or advance to an eligible
applicant or a State the portion of assistance for which the State is
responsible under the cost-sharing provisions of this Act in any case
in which a catastrophic incident occurs.''.
SEC. 306. MITIGATION PLANNING.
Section 322(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165(a)) is amended by inserting
``, including any critical infrastructure,'' after ``vulnerabilities''.
SEC. 307. PROCEDURE FOR DECLARATION OF MAJOR DISASTERS.
Section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) is amended--
(1) by inserting ``(a) Request and Declaration.--'' before
``All requests''; and
(2) by adding at the end the following:
``(b) Major Disasters Involving Federal Primary Responsibility.--
The President may declare that a major disaster exists without a
request from an affected State in the event of a catastrophic incident
or if the President determines that the primary responsibility for the
response rests with the Federal Government because the major disaster
involves a subject area for which, under the Constitution or laws of
the United States, the Federal Government exercises exclusive or
preeminent responsibility and authority. In determining whether or not
such a major disaster exists, the President should consult with the
Governor of any affected State, if practicable.''.
SEC. 308. ESSENTIAL ASSISTANCE.
Section 403(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b(b)) is amended to read as
follows:
``(b) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of assistance under this section shall be not less than
75 percent of the eligible cost of such assistance.
``(2) Catastrophic incidents.--In the case of a
catastrophic incident, the Federal share of assistance under
this section shall be--
``(A) 100 percent of the eligible cost of such
assistance for 72 hours after the incident; and
``(B) not be less than 75 percent of the eligible
cost of such assistance thereafter.''.
SEC. 309. TEMPORARY HOUSING ASSISTANCE.
Section 408(c)(1)(B)(ii) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)) is amended
by striking ``18-month'' and inserting ``10-month''.
SEC. 310. PROCEDURE FOR DECLARATION OF EMERGENCIES.
Section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) is amended to read as
follows:
``(b) Emergencies Involving Federal Primary Responsibility.--The
President may declare that an emergency exists without a request from
an affected State in the event of a catastrophic incident or if the
President determines the primary responsibility for the response rests
with the Federal Government because the emergency involves a subject
area for which, under the Constitution or laws of the United States,
the Federal Government exercises exclusive or preeminent responsibility
and authority. In determining whether or not such an emergency exists,
the President should consult the Governor of any affected State, if
practicable.''.
TITLE IV--GOOD SAMARITAN LIABILITY IMPROVEMENT AND VOLUNTEER
ENCOURAGEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Good Samaritan Liability
Improvement and Volunteer Encouragement Act of 2006'' or the ``GIVE Act
of 2006''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) It is in the national interest to encourage individuals
to volunteer, and particularly to assist victims of national
disasters.
(2) The willingness of volunteers to offer their services
is deterred by the potential for liability actions against
them.
(3) The contribution of programs that use volunteers to
their communities is thereby diminished, resulting in fewer and
higher cost programs than would be obtainable if volunteers
were participating.
(4) The exposure of potential volunteers, their employers,
and those who would use the services of volunteers under
existing law to compensatory and punitive damages for negligent
acts discourages the provision of these services.
(5) The availability of damages for actions that constitute
gross negligence creates uncertainty concerning the actual
conduct that might cause liability to be imposed on volunteers.
(6) Potential liability for acts of volunteers discourages
the employers or business partners of potential volunteers from
permitting those potential volunteers to provide disaster
relief services.
(7) Potential liability for acts of volunteers discourages
entities that might use the services provided by volunteers
from doing so.
(8) Well-founded fear of liability under existing law for
providing goods, equipment, access to facilities, and other in-
kind contributions discourages those who would donate them from
doing so.
(9) Well-founded fear of liability under existing law for
providing goods discourages governmental and intergovernmental
entities from providing needed disaster relief goods.
(10) Well-founded fear of liability for punitive damages
under existing law discourages governmental and
intergovernmental entities from providing needed disaster
relief goods and discourages potential volunteers from
providing volunteer services to disaster victims.
(11) Fear of compensatory and punitive damages for
providing volunteer services deters potential volunteers from
States located outside the national disaster area from
providing volunteer services.
(12) Fear of compensatory and punitive damages for
providing volunteer services deters potential foreign
volunteers from providing disaster relief services.
(13) Any lessening of liability for volunteers providing
disaster relief services, their employers and business
partners, and entities utilizing their services should maintain
adequate incentives for each of these classes of persons or
entities to avoid causing harm.
(14) Unwillingness to provide volunteer services in the
face of uncertain liability substantially affects, burdens, and
deters interstate commerce and travel.
(15) Unwillingness of employers and business partners to
allow their employees and business partners to provide
volunteer and disaster relief services in the face of uncertain
liability substantially affects, burdens, and deters interstate
commerce and travel.
(16) Unwillingness of persons, entities, or organizations
to accept volunteer and disaster relief services from
volunteers in the face of uncertain liability substantially
affects, burdens, and deters interstate commerce and travel.
(17) Unwillingness by foreigners to provide volunteer and
disaster relief services in the face of uncertain liability
substantially affects, burdens, and deters foreign commerce and
travel.
(18) Because Federal funds are expended on useful and cost-
effective social service programs, many of which are national
in scope, depend heavily on volunteer participation, and
represent some of the most successful public-private
partnerships, protection of volunteerism through clarification
and limitation of the personal liability risks assumed by the
volunteer in connection with such participation is an
appropriate subject for Federal legislation.
(19) Services and goods provided by volunteers and
nonprofit organizations would often otherwise be provided by
private entities that operate in interstate commerce.
(20) Due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs
in purchasing insurance, through interstate insurance markets,
to cover their activities.
(21) Clarifying and limiting the liability risk assumed by
volunteers is an appropriate subject for Federal legislation
because--
(A) of the national scope of the problems created
by the legitimate fears of volunteers about frivolous,
arbitrary, or capricious lawsuits;
(B) the citizens of the United States depend on,
and the Federal Government expends funds on and
provides tax exemptions and other consideration to,
numerous social programs that depend on the services of
volunteers;
(C) it is in the interest of the Federal Government
to encourage the continued operation of volunteer
service organizations and contributions of volunteers,
as the Federal Government lacks the capacity to carry
out all of the services provided by such organizations
and volunteers; and
(D)(i) liability reform for volunteers, will
promote the free flow of goods and services, lessen
burdens on interstate commerce and uphold
constitutionally protected due process rights; and
(ii) therefore, liability reform is an appropriate
use of the powers contained in article 1, section 8,
clause 3 of the Constitution of the United States, and
the fourteenth amendment to the Constitution of the
United States.
(22) Unless Congress provides uniform standards to address
disasters that could occur in any State or combination of
States, potential volunteers and others will not be certain
which laws would govern their providing disaster relief
services, which would substantially affect, burden, and deter
interstate and foreign commerce and travel in the event of a
national disaster.
Subtitle A--Disaster Relief Volunteer Protection
SEC. 411. DEFINITIONS.
In this subtitle--
(1) the term ``compensation''--
(A) means monetary or other compensation of any
kind provided in exchange for an individual's services;
and
(B) does not include--
(i) reasonable reimbursement or allowance
for expenses actually incurred by such
individual;
(ii) provision of reasonable supplies,
lodging, or transportation to such an
individual; or
(iii) the ordinary salary or compensation
paid to such an individual by the employer of
the individual while the individual is on leave
from performing ordinary duties for the
employer of the individual in order to provide
disaster relief services;
(2) the term ``declared disaster'' means--
(A) a public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Services Act (42 U.S.C. 247d);
(B) a public health emergency, or a risk of such
emergency, as determined by the Secretary of Homeland
Security in accordance with clause (i) or (ii) of
section 2811(b)(3)(A) of the Public Health Services Act
(42 U.S.C. 300hh-11(b)(3)(A)), as transferred by
section 503(5) of the Homeland Security Act of 2002 (6
U.S.C. 313(5)); or
(C) an emergency or major disaster declared by the
President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191);
(3) the term ``disaster relief goods'' means either--
(A) those goods provided in preparation for,
response to, or recovery from a declared disaster and
reasonably necessary to such preparation, response, or
recovery; or
(B) those goods defined by a supplemental
declaration under this subtitle;
(4) the term ``disaster relief services'' means services or
assistance provided in preparation for, response to, or
recovery from a declared disaster, including health, medical,
firefighting, rescue, reconstruction, and any other services or
assistance specified by a supplemental declaration under this
subtitle as necessary or desirable to prepare for, respond to,
or recover from such declared disaster;
(5) the term ``disaster relief volunteer'' means an
individual--
(A) who provides disaster relief services or
assistance in connection with a declared disaster
without expectation or receipt of compensation in
exchange for providing such services or assistance; and
(B) who, to the extent required by the appropriate
authorities of a State (even if such State is not the
State in which the volunteer provides services or
assistance) or, if, and to the extent, specified in a
supplemental declaration under this subtitle, a foreign
country, is licensed, certified, or authorized to
provide the relevant services or assistance;
(6) the term ``non-economic loss'' means losses for
physical and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium
(other than loss of domestic service), hedonic damages, injury
to reputation, and all other non-pecuniary losses of any kind
or nature;
(7) the term ``supplemental declaration'' means a
declaration under section 418 regarding the scope of a declared
disaster; and
(8) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any other
territory or possession of the United States, and any political
subdivision of any such State, territory, or possession.
SEC. 412. LIABILITY OF DISASTER RELIEF VOLUNTEERS.
Except as provided in section 419, a disaster relief volunteer
shall not be liable for harm caused by an act or omission of the
volunteer that is within the scope of the activities of the volunteer
to provide or facilitate the provision of disaster relief services in
connection with a declared disaster if--
(1) the harm was not caused by willful, knowing, or
reckless misconduct by the volunteer; and
(2) the harm was not caused by the volunteer operating a
motor vehicle, vessel, aircraft, or other vehicle for which the
State requires the operator or the owner of the vehicle, craft,
or vessel to--
(A) possess an operator's license; or
(B) maintain insurance.
SEC. 413. LIABILITY OF EMPLOYER OR PARTNER OF DISASTER RELIEF
VOLUNTEER.
Except as provided in section 419, an employer or business partner
of a disaster relief volunteer shall not be liable for any act or
omission of such volunteer within the scope of the activities of the
volunteer to provide or facilitate the provision of disaster relief
services in connection with a declared disaster.
SEC. 414. LIABILITY OF HOST OR ENABLING PERSON, ENTITY, OR
ORGANIZATION.
Except as provided in section 419, a person, entity, or
organization, including a governmental or intergovernmental entity,
that works with, accepts services from, or opens its facilities to a
disaster relief volunteer to enable the volunteer to render disaster
relief services in connection with a declared disaster shall not be
liable for any act or omission of a disaster relief volunteer.
SEC. 415. LIABILITY OF GOVERNMENTAL AND INTERGOVERNMENTAL ENTITIES FOR
DONATIONS OF DISASTER RELIEF GOODS.
Except as provided in section 419, a governmental or
intergovernmental entity that donates disaster relief goods to an
agency or instrumentality of the United States in connection with a
declared disaster shall not be liable for harm caused by such donated
goods if the harm was not caused by willful, knowing, or reckless
misconduct by the governmental or intergovernmental entity.
SEC. 416. LIMITATION ON PUNITIVE AND NON-ECONOMIC DAMAGES BASED ON
ACTIONS OF DISASTER RELIEF VOLUNTEERS AND GOVERNMENTAL OR
INTERGOVERNMENTAL DONORS.
(a) Punitive Damages.--Except as provided in section 419, punitive
damages may not be awarded in any civil action against a disaster
relief volunteer or governmental or intergovernmental entity unless a
claimant establishes by clear and convincing evidence that the damages
to the claimant were proximately caused by willful, knowing, or
reckless misconduct by either--
(1) a disaster relief volunteer in an action brought for
harm caused by the activities of the volunteer to provide or
facilitate the provision of disaster relief services in
connection with a declared disaster; or
(2) a governmental or intergovernmental entity for harm
caused by disaster relief goods donated by such governmental or
intergovernmental entity in connection with a declared
disaster.
(b) Non-Economic Damages.--
(1) In general.--Except as provided in section 419,
liability for non-economic loss in any civil action brought
against either a disaster relief volunteer for harm caused the
activities of the volunteer to provide or facilitate the
provision of disaster relief services in connection with a
declared disaster, or a governmental or intergovernmental
entity for harm caused by disaster relief goods donated by such
governmental or intergovernmental entity in connection with a
declared disaster, if permitted under section 412 or section
415, shall be determined in accordance with paragraph (2).
(2) Amount of liability.--
(A) In general.--The amount of damages for non-
economic loss allocated to a disaster relief volunteer
or governmental or intergovernmental entity defendant
shall be in direct proportion to the percentage of
responsibility of that defendant, determined in
accordance with subparagraph (B), for the harm to the
claimant with respect to which that defendant is
liable.
(B) Percentage.--In a civil action described in
paragraph (1), for purposes of determining the amount
of non-economic loss, the trier of fact shall determine
the percentage of responsibility of each defendant
found liable for harm to the claimant.
(C) Separate judgments.--The court shall render a
separate judgment against each defendant for any non-
economic loss.
SEC. 417. JUDICIAL REVIEW OF ALLEGATIONS.
(a) In General.--A claimant in a civil action for an act or
omission subject to the limitations of liability under this subtitle
shall attach 1 or more sworn affidavits or documents containing
admissible evidence of an act or omission outside the limitations of
section 412, 413, 414, or 415.
(b) Initial Review.--Before allowing a civil action described in
subsection (a) to proceed into discovery, the trial judge shall
determine whether, as a matter of law, the evidence submitted is
sufficient to raise a genuine issue of material fact.
SEC. 418. SUPPLEMENTAL DECLARATION.
(a) In General.--In the event of a declared disaster, the
President, the Secretary of Health and Human Services, or the Secretary
of Homeland Security may issue a supplemental declaration.
(b) Temporal Effect.--A supplemental declaration may provide that,
for purposes of this subtitle, such declared disaster shall have such
temporal effect as the President or the Secretary may deem necessary or
appropriate to further the public interest, including providing that
such declared disaster shall have an effective date earlier than the
date of the declaration or determination of such declared disaster.
(c) Geographic and Other Conditions.--A supplemental declaration
may provide that, for purposes of this subtitle, such declared disaster
shall have such geographic or other conditions as the President or the
relevant Secretary may deem necessary or appropriate to further the
public interest.
SEC. 419. ELECTION OF STATE REGARDING NONAPPLICABILITY.
A provision of this subtitle shall not apply to any civil action in
a State court against a person in which all parties are citizens of the
State if such State enacts a statute--
(1) citing the authority of this subtitle;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
SEC. 420. CONSTRUCTION.
Nothing in this subtitle shall be construed to abrogate or limit
any protection that a volunteer, as defined in section 6(6) of the
Volunteer Protection Act (42 U.S.C. 14505(6)), may be entitled to under
that Act. Neither shall anything in this subtitle be construed to
confer any private right of action or to abrogate or limit any
protection with respect to either liability or damages that any person
may be entitled to under any other provision of law.
Subtitle B--Volunteer Protection Improvements
SEC. 441. DEFINITIONS.
In this subtitle--
(1) the term ``aircraft'' has the meaning given that term
in section 40102 of title 49, United States Code;
(2) the term ``equipment'' includes mechanical equipment,
electronic equipment, and office equipment;
(3) the term ``facility'' means any real property,
including any building, improvement, or appurtenance;
(4) the term ``motor vehicle'' has the meaning given that
term in section 30102 of title 49, United States Code;
(5) the term ``nonprofit organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes;
(6) the term ``person'' includes any governmental or other
entity; and
(7) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or possession of
the United States, or any political subdivision of any such
State, territory, or possession.
SEC. 442. LIABILITY PROTECTION FOR ACTIONS OF VOLUNTEERS GENERALLY.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
is amended--
(1) in subsection (a)(3) by striking ``willful or criminal
misconduct, gross negligence, reckless misconduct'' and
inserting the following: ``willful, knowing, or reckless
misconduct'';
(2) by striking subsection (c) and inserting the following:
``(c) Effect on Liability of Nonprofit Organizations.--No nonprofit
organization shall be liable for the acts or omissions of a volunteer
with respect to harm caused to any person unless--
``(1) the acts or omissions of the volunteer are not
subject to the limitations on liability under subsection (a);
and
``(2) the nonprofit organization has willfully disregarded
or been recklessly indifferent to the reasonable expectations
or safety of the individual harmed by the volunteer.''; and
(3) by adding at the end the following:
``(g) Judicial Review of Allegations.--
``(1) In general.--A claimant in a civil action for an act
or omission subject to the limitations of liability under this
Act shall attach 1 or more sworn affidavits or documents
containing admissible evidence of an act or omission outside
the limitations of subsection (a), (c), (e)(1), or (f)(1).
``(2) Initial review.--Before allowing a civil action
described in paragraph (1) to proceed into discovery, the trial
judge shall determine whether, as a matter of law, the evidence
submitted is sufficient to raise a genuine issue of material
fact.''.
SEC. 443. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND
CONTRIBUTIONS.
(a) In General.--
(1) Liability for donations of equipment to nonprofit
organizations.--
(A) In general.--Except as provided in subsection
(b), a person shall not be subject to civil liability
relating to any injury or death that results from the
use of equipment donated by such person to a nonprofit
organization.
(B) Application.--This paragraph shall apply with
respect to civil liability under Federal and State law.
(2) Liability for providing use of facilities to nonprofit
organizations.--
(A) In general.--Except as provided in subsection
(b), a person shall not be subject to civil liability
relating to any injury or death occurring at a facility
owned or operated by the person in connection with a
use of such facility by a nonprofit organization, if--
(i) the use occurs outside of the normal
use of the facility by the person;
(ii) such injury or death occurs during a
period that such facility is used by the
nonprofit organization; and
(iii) the person authorized the use of such
facility by the nonprofit organization.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) Liability for providing use of a motor vehicle or
aircraft.--
(A) In general.--Except as provided in subsection
(b), a person shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of an aircraft or a motor vehicle the
person loaned to a nonprofit organization, if--
(i) the use occurs outside of the normal
use of the aircraft or motor vehicle by the
person;
(ii) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(iii) the person authorized the use by the
nonprofit organization of motor vehicle or
aircraft that resulted in the injury or death.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(b) Exceptions.--Subsection (a) shall not apply to an injury or
death that results from an act or omission of a person that constitutes
willful, knowing, or reckless misconduct.
(c) Judicial Review of Allegations.--
(1) In general.--A claimant in a civil action for an act or
omission subject to the limitations of liability under this
section shall attach 1 or more sworn affidavits or documents
containing admissible evidence of an act or omission outside
the limitations of subsection (a).
(2) Initial review.--Before allowing a civil action
described in paragraph (1) to proceed into discovery, the trial
judge shall determine whether, as a matter of law, the evidence
submitted is sufficient to raise a genuine issue of material
fact.
(d) Superseding Provision.--
(1) In general.--Except as provided in paragraph (2) and
subsection (e), this section preempts the laws of any State to
the extent that such laws are inconsistent with this section,
except that this section shall not preempt any State law that
provides additional protection for a person for an injury or
death described in paragraph (1), (2), or (3) of subsection (a)
with respect to which the conditions specified in such
paragraph apply.
(2) Limitation.--Nothing in this section shall be construed
to supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--A provision of
this section shall not apply to any civil action in a State court
against a person in which all parties are citizens of the State if such
State enacts a statute--
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
(f) Effective Date.--This section shall apply to liability for
injury or death caused by equipment donated, facilities used, or
aircraft or motor vehicles loaned on or after the date of the enactment
of this Act.
TITLE V--DISASTER RECOVERY PERSONAL PROTECTION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Disaster Recovery Personal
Protection Act of 2006''.
SEC. 502. FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution states, ``A
well regulated militia being necessary to the security of a
free State, the right of the people to keep and bear arms,
shall not be infringed,'' and Congress has repeatedly
recognized this language as protecting an individual right.
(2) In the wake of Hurricane Katrina, State and local law
enforcement and public safety service organizations were
overwhelmed and could not fulfill the safety needs of the
citizens of the State of Louisiana.
(3) In the wake of Hurricane Katrina, the safety of these
citizens, and of their homes and property, was threatened by
instances of criminal activity.
(4) Many of these citizens lawfully kept firearms for the
safety of themselves, their loved ones, their businesses, and
their property, as guaranteed by the Second Amendment, and used
their firearms, individually or in concert with their
neighbors, for protection against crime.
(5) In the wake of Hurricane Katrina, certain agencies
confiscated the firearms of these citizens, in contravention of
the Second Amendment, depriving these citizens of the right to
keep and bear arms and rendering them helpless against criminal
activity.
(6) These confiscations were carried out at gunpoint, by
nonconsensual entries into private homes, by traffic
checkpoints, by stoppage of boats, and otherwise by force.
(7) The citizens from whom firearms were confiscated were
either in their own homes or attempting to flee the flooding
and devastation by means of motor vehicle or boat, and were
accosted, stopped, and arbitrarily deprived of their private
property and means of protection.
(8) The means by which the confiscations were carried out,
which included intrusion into the home, temporary detention of
persons, and seizures of property, constituted unreasonable
searches and seizures and deprived these citizens of liberty
and property without due process of law in violation of
fundamental rights under the Constitution.
(9) Many citizens who took temporary refuge in emergency
housing were prohibited from storing firearms on the premises,
and were thus treated as second-class citizens who had
forfeited their constitutional right to keep and bear arms.
(10) At least one highly-qualified search and rescue team
was prevented from joining in relief efforts because the team
included individuals with firearms, although these individuals
had been deputized as Federal law enforcement officers.
(11) These confiscations and prohibitions, and the means by
which they were carried out, deprived the citizens of Louisiana
not only of their right to keep and bear arms, but also of
their rights to personal security, personal liberty, and
private property, all in violation of the Constitution and laws
of the United States.
SEC. 503. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN
NATIONAL EMERGENCIES.
Title VII of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5201) is amended by adding at the end the
following:
``SEC. 706. FIREARMS POLICIES.
``(a) Prohibition on Confiscation of Firearms.--No officer or
employee of the United States (including any member of the uniformed
services), or person operating pursuant to or under color of Federal
law, or receiving Federal funds, or under control of any Federal
official, or providing services to such an officer, employee, or other
person, while acting in support of relief from a major disaster or
emergency, may--
``(1) temporarily or permanently seize, or authorize
seizure of, any firearm the possession of which is not
prohibited under Federal or State law, other than for
forfeiture in compliance with Federal law or as evidence in a
criminal investigation;
``(2) require registration of any firearm for which
registration is not required by Federal or State law;
``(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any
firearm, in any place or by any person where such possession is
not otherwise prohibited by Federal or State law; or
``(4) prohibit the carrying of firearms by any person
otherwise authorized to carry firearms under Federal or State
law, solely because such person is operating under the
direction, control, or supervision of a Federal agency in
support of relief from a major disaster or emergency.
``(b) Private Rights of Action.--
``(1) In general.--Any individual aggrieved by a violation
of this section may seek relief in an action at law, suit in
equity, or other proper proceeding for redress against any
person who subjects such individual, or causes such individual
to be subjected, to the deprivation of any of the rights,
privileges, or immunities secured by this section.
``(2) Remedies.--In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the
seizure or confiscation of a firearm in violation of this
section may bring an action for return of such firearm in the
United States district court in the district in which that
individual resides or in which such firearm may be found.
``(3) Attorney fees.--In any action or proceeding to
enforce this section, the court shall award the prevailing
party, other than the United States, a reasonable attorney's
fee as part of the costs.''.
TITLE VI--HURRICANE ELECTION RELIEF
SEC. 601. SHORT TITLE.
This title may be cited as the ``Hurricane Election Relief Act of
2006''.
SEC. 602. GRANTS TO STATES FOR RESTORING AND REPLACING ELECTION
ADMINISTRATION SUPPLIES, MATERIALS, RECORDS, EQUIPMENT,
AND TECHNOLOGY WHICH WERE DAMAGED, DESTROYED, OR
DISLOCATED BY HURRICANES KATRINA OR RITA.
(a) Authority to Make Grants.--The Election Assistance Commission
shall make a grant to each eligible State, in such amount as the
Commission considers appropriate, for purposes of restoring and
replacing supplies, materials, records, equipment, and technology used
in the administration of Federal elections in the State which were
damaged, destroyed, or dislocated as a result of Hurricane Katrina or
Hurricane Rita and ensuring the full participation in such elections by
individuals who were displaced as a result of Hurricane Katrina or
Hurricane Rita.
(b) Use of Grant Funds.--Funds received under a grant under
subsection (a) shall be used in a manner that is consistent with the
requirements of title III of the Help America Vote Act of 2002.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission (at such time and in
such form as the Commission may require) a certification that--
(1) supplies, materials, records, equipment, and technology
used in the administration of Federal elections in the State
were damaged, destroyed, or dislocated as a result of Hurricane
Katrina or Hurricane Rita; or
(2) the system of such State for conducting Federal
elections has been significantly impacted by the displacement
of individuals as a result of Hurricane Katrina or Hurricane
Rita.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under this title
$50,000,000 for fiscal year 2007. Such sums shall remain available
until expended.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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.
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Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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, Energy and Commerce, International Relations, the Judiciary, and House Administration, 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 Emergency Preparedness, Science, and Technology.
Referred to the Subcommittee on Management, Integration, and Oversight.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman .