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109th Congress                                            Rept. 109-712
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
    NATIONAL EMERGENCY MANAGEMENT REFORM AND ENHANCEMENT ACT OF 2006

                                _______
                                

                November 9, 2006.--Ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5351]

                             together with

                             MINORITY VIEWS

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5351) to amend the Homeland Security Act of 2002 
to establish a Directorate of Emergency Management, to codify 
certain existing functions of the Department of Homeland 
Security, and for other purposes, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    46
Background and Need for Legislation..............................    46
Hearings.........................................................    47
Committee Consideration..........................................    50
Committee Votes..................................................    50
Committee Oversight Findings.....................................    52
Statement of General Performance Goals and Objectives............    52
New Budget Authority, Entitlement Authority, and Tax Expenditures    53
Congressional Budget Office Estimate.............................    53
Federal Mandates Statement.......................................    57
Compliance With House Resolution 1000............................    57
Advisory Committee Statement.....................................    58
Constitutional Authority Statement...............................    59
Applicability to Legislative Branch..............................    60
Section-by-Section Analysis of the Legislation...................    60
Changes in Existing Law Made by the Bill, as Reported............    97
Minority Views...................................................   169

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National Emergency 
Management Reform and Enhancement Act of 2006''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                     TITLE I--EMERGENCY MANAGEMENT

Sec. 101. Directorate of Emergency Management.
Sec. 102. Gulf Coast Long-Term Recovery Office.
Sec. 103. National Disaster Medical System.
Sec. 104. Office of Interoperability and Compatibility.
Sec. 105. Intelligence analysts.
Sec. 106. Redesignation of Directorate for Information Analysis and 
Infrastructure Protection.
Sec. 107. National Academy of Public Administration study on 
implementation of organizational reforms.
Sec. 108. GAO reports on an inventory and status of homeland security 
training.
Sec. 109. Grants for training and exercises to assist public elementary 
and secondary schools.
Sec. 110. Sense of Congress on the Project 25 conformity assessment 
project.
Sec. 111. National pandemic influenza exercise.
Sec. 112. Public-private sector planning and response pilot program.
Sec. 113. Emergency Management Performance Grants.
Sec. 114. Definitions.
Sec. 115. Conforming amendments.

              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

Sec. 201. Fraud, waste, and abuse controls.
Sec. 202. Assessment and report regarding utilization of Independent 
Private Sector Inspectors General.
Sec. 203. Enhanced accountability for Federal assistance.
Sec. 204. Enhanced information sharing among Federal agencies to 
prevent fraud, waste, and abuse.
Sec. 205. Deputy Inspector General for Response and Recovery.
Sec. 206. Protection of Department of Homeland Security official seal 
and insignia.

                     TITLE I--EMERGENCY MANAGEMENT

SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT.

  (a) Establishment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended to read as follows:

                    ``TITLE V--EMERGENCY MANAGEMENT

           ``Subtitle A--Directorate of Emergency Management

``SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT.

  ``(a) Under Secretary for Emergency Management.--
          ``(1) In general.--There is in the Department a Directorate 
        of Emergency Management. The head of the Directorate is the 
        Under Secretary for Emergency Management, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
          ``(2) Qualifications.--The individual appointed as Under 
        Secretary shall possess a demonstrated ability in and knowledge 
        of emergency management and homeland security.
          ``(3) Responsibilities.--The Under Secretary shall assist the 
        Secretary in discharging the responsibilities under section 
        502.
  ``(b) Deputy Under Secretary for Emergency Preparedness and 
Mitigation.--
          ``(1) In general.--There is in the Department a Deputy Under 
        Secretary for Emergency Preparedness and Mitigation, who shall 
        be appointed by the President, by and with the advice and 
        consent of the Senate.
          ``(2) Qualifications.--The individual appointed as Deputy 
        Under Secretary shall possess a demonstrated ability in and 
        knowledge of emergency preparedness and mitigation.
          ``(3) Responsibilities.--The Deputy Under Secretary for 
        Emergency Preparedness and Mitigation shall assist the Under 
        Secretary for Emergency Management in discharging the 
        responsibilities of the Under Secretary.
  ``(c) Deputy Under Secretary for Emergency Response and Recovery.--
          ``(1) In general.--There is in the Department a Deputy Under 
        Secretary for Emergency Response and Recovery, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
          ``(2) Qualifications.--The individual appointed as Deputy 
        Under Secretary shall possess a demonstrated ability in and 
        knowledge of emergency response and recovery.
          ``(3) Responsibilities.--The Deputy Under Secretary for 
        Emergency Response and Recovery shall assist the Under 
        Secretary for Emergency Management in discharging the 
        responsibilities of the Under Secretary.
  ``(d) Assistant Secretaries for Emergency Management.--There are in 
the Department the following Assistant Secretaries, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate:
          ``(1) An Assistant Secretary for Grants and Planning, who 
        shall report directly to the Deputy Under Secretary for 
        Emergency Preparedness and Mitigation.
          ``(2) An Assistant Secretary for Training and Exercises, who 
        shall report directly to the Deputy Under Secretary for 
        Emergency Preparedness and Mitigation.
          ``(3) An Assistant Secretary for Emergency Communications, 
        who shall report directly to the Under Secretary for Emergency 
        Management.
          ``(4) An Assistant Secretary for Infrastructure Protection, 
        who shall report directly to the Under Secretary for Emergency 
        Management.
          ``(5) An Assistant Secretary for Cybersecurity and 
        Telecommunications, who shall report directly to the Under 
        Secretary for Emergency Management.

``SEC. 502. RESPONSIBILITIES OF THE UNDER SECRETARY.

  ``(a) Responsibilities.--Subject to the direction and control of the 
Secretary, the Under Secretary for Emergency Management shall have the 
primary responsibility within the executive branch of Government for 
preparing for, mitigating against, responding to, and recovering from 
acts of terrorism, natural disasters, and other emergencies. Such 
responsibilities shall include the following:
          ``(1) Serving as the Secretary's principal advisor on 
        emergency preparedness, mitigation, response, and recovery 
        issues.
          ``(2) Carrying out all functions and authorities prescribed 
        by the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
          ``(3) Coordinating the Federal response to acts of terrorism, 
        natural disasters, or other emergencies, including coordination 
        of--
                  ``(A) the National Emergency Response Team;
                  ``(B) the deployment of the Strategic National 
                Stockpile;
                  ``(C) the National Disaster Medical System;
                  ``(D) the Nuclear Incident Response Team (when 
                operating as an organizational unit of the Department 
                pursuant to this title);
                  ``(E) the Metropolitan Medical Response System;
                  ``(F) the Urban Search and Rescue System;
                  ``(G) Federal Incident Response Support Teams;
                  ``(H) Management Support Teams; and
                  ``(I) the Mobile Emergency Response System.
          ``(4) Overseeing and directing all of the activities of the 
        Directorate.
          ``(5) 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 National Emergency 
        Management Reform and Enhancement Act of 2006.
          ``(2) Use of existing field offices.--In establishing the 
        Regional Offices required under this section, the Secretary 
        shall, to the extent practicable, co-locate and consolidate 
        field offices of the Department that are in existence as of the 
        date of the enactment of such Act.
  ``(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.

``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. 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. 509. 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. 510. 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 National Emergency 
        Management Reform and Enhancement Act of 2006, the Secretary, 
        acting through the Assistant Secretary for Training and 
        Exercises, shall establish a program through which the 
        Secretary carries out periodically but not less than biennially 
        a national terrorism prevention exercise for the purposes of--
                  ``(A) involving in national exercises high-ranking 
                officials from Federal, State, local, tribal, and 
                international governments, as the Secretary considers 
                appropriate; and
                  ``(B) testing and evaluating, in coordination with 
                the Attorney General and the Secretary of Defense, the 
                capability of Federal, State, local, and tribal 
                government entities to detect, disrupt, and prevent 
                threatened or actual catastrophic acts of terrorism.
          ``(6) National exercise strategy.--The Secretary, acting 
        through the Assistant Secretary for Training and Exercises, 
        shall develop a multi-year national homeland security exercise 
        plan and submit the plan to the Homeland Security Council for 
        review and approval.
  ``(f) National Training Program.--
          ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Training and Exercises, shall carry out 
        a National Training Program for the purpose of enhancing the 
        capabilities of the Nation's emergency 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) Catastrophic Emergency Plans Required.--The Secretary, acting 
through the Assistant Secretary for Grants and Planning and in 
consultation with the Assistant Secretary for Training and Exercises, 
shall require any State or urban area that submits an application to 
the Secretary for Federal homeland security financial assistance 
administered by the Department to maintain a catastrophic emergency 
plan to be implemented in the event of an act of terrorism, natural 
disaster, or other emergency. The Secretary shall require the State or 
urban area to update, implement, and exercise the catastrophic 
emergency plan as necessary.
  ``(b) Requirements.--Each catastrophic emergency plan required under 
this section, with respect to a State or urban area, shall include--
          ``(1) evacuation and sheltering in place procedures for the 
        general population of the State or urban area;
          ``(2) the procedures in place to address the pre-positioning 
        of food, medical and fuel supplies;
          ``(3) the evacuation and sheltering in place procedures for 
        populations with special needs, including persons with 
        disabilities, health problems, language barriers, and income 
        barriers, the elderly, children, and individuals with pets, 
        service animals, or farm animals;
          ``(4) sheltering options for displaced populations;
          ``(5) the augmentation of response resources;
          ``(6) regional planning, mutual aid agreements, and requests 
        for assistance that can meet urgent needs;
          ``(7) the adequacy of delivery networks for critical services 
        and supplies;
          ``(8) the degree to which the plan is mutually supportive 
        among contiguous jurisdictions and States;
          ``(9) the use of all available and appropriate transportation 
        modes and resources, including the identification of routes of 
        egress and ingress, and destinations;
          ``(10) the changes in authorities or regulations which may be 
        necessary for the plan to meet the demands of a catastrophic 
        event;
          ``(11) contingency plans for the survivability, 
        sustainability, and interoperability of emergency 
        communications systems;
          ``(12) procedures for disseminating timely and accurate 
        public alerts and warnings;
          ``(13) procedures and policies for the continuity of 
        operations for government and other essential services; and
          ``(14) search and rescue procedures for populations with 
        special needs, including persons with disabilities, health 
        problems, language barriers, and income barriers, the elderly, 
        children, and individuals with pets, service animals, or farm 
        animals.
  ``(c) Consistency.--A catastrophic emergency plan required under this 
section shall be consistent with, and support the implementation of--
          ``(1) any applicable State or urban area homeland security 
        strategy or plan; and
          ``(2) the National Incident Management System, the National 
        Response Plan, the National Preparedness Goal, the National 
        Preparedness Guidance, the National Infrastructure Protection 
        Plan, and other such national initiatives as may be determined 
        by the Secretary.
  ``(d) Peer Review Certification.--
          ``(1) Development of regional plans.--Each Regional Director 
        for Emergency Management under section 504, in coordination 
        with the Assistant Secretary for Grants and Planning, shall 
        develop a process of peer review for any catastrophic emergency 
        plan submitted under subsection (a) by a State or urban area in 
        the geographical area in which the Regional Office directed by 
        that Regional Director for Emergency Management is located.
          ``(2) Deadline for submission of plans.--Not later than one 
        year after the date of the enactment of the National Emergency 
        Management Reform and Enhancement Act of 2006, each Regional 
        Director for Emergency Management shall submit a plan to the 
        National Advisory Council on Emergency Management describing 
        the peer review process developed by the Regional Director for 
        Emergency Management. The National Advisory Council on 
        Emergency Management shall review and approve or disapprove 
        each such plan.
  ``(e) Remedial Action.--Not later than 90 days after completion of 
exercises under subsection (a), the Secretary, in consultation with the 
Assistant Secretary for Training and Exercises, shall develop a lessons 
learned and remedial action strategy for catastrophic planning.
  ``(f) Consultation.--In developing the catastrophic emergency plan 
required under this section, a State or urban area shall consult with 
and seek appropriate comments from--
          ``(1) local governments within the urban area or State;
          ``(2) a geographic and substantive cross section of emergency 
        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); and
          ``(3) locally governed multijurisdictional councils of 
        governments and regional planning commissions.

``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. HOMELAND SECURITY EDUCATION PROGRAM.

  ``(a) Establishment.--The Secretary, acting through the Assistant 
Secretary for Training and Exercises, shall establish a graduate-level 
Homeland Security Education Program in the National Capital Region to 
provide educational opportunities to senior Federal officials and 
selected State and local officials with homeland security and emergency 
management responsibilities.
  ``(b) Leveraging of Existing Resources.--To maximize efficiency and 
effectiveness in carrying out the Program, the Secretary shall use 
existing Department-reviewed Master's Degree curricula in homeland 
security, including curricula pending accreditation, together with 
associated learning materials, quality assessment tools, digital 
libraries, exercise systems and other curriculum components already 
being delivered by Federal, State, and private universities and 
educational facilities, including the National Domestic Preparedness 
Consortium, the National Fire Academy, and the Emergency Management 
Institute.
  ``(c) Student Enrollment.--
          ``(1) Sources.--The student body of the Program shall include 
        officials from Federal, State, tribal, and local governments, 
        and from other sources designated by the Under Secretary for 
        Emergency Management.
          ``(2) Enrollment priorities and selection criteria.--The 
        Under Secretary for Emergency Management shall establish 
        policies governing student enrollment priorities and selection 
        criteria that are consistent with the mission of the Program.
          ``(3) Diversity.--The Secretary shall take reasonable steps 
        to ensure that the student body represents racial, gender, and 
        ethnic diversity.
  ``(d) Service Commitment.--
          ``(1) In general.--Before any employee selected for the 
        Program may be assigned to such education, the employee shall 
        agree in writing to--
                  ``(A) continue in the service of the agency 
                sponsoring the employee during the two-year period 
                beginning on the date on which the employee completes 
                the program, unless the employee is involuntarily 
                separated from the service of that agency for reasons 
                other than reduction in force; and
                  ``(B) pay to the Government the amount of the 
                additional expenses incurred by the Government in 
                connection with the employee's education if the 
                employee is voluntarily separated from the service to 
                the agency before the end of the period described in 
                subparagraph (A).
          ``(2) Payment of expenses.--
                  ``(A) Exemption.--An employee who leaves the service 
                of the sponsoring agency to enter into the service of 
                another agency in any branch of the Government shall 
                not be required to make a payment under paragraph 
                (1)(B), unless the head of the agency that sponsored 
                the education of the employee notifies the employee 
                before the date on which the employee enters the 
                service of the other agency that payment is be required 
                under that paragraph.
                  ``(B) Amount of payment.--If an employee is required 
                to make a payment under paragraph (1)(B), the agency 
                that sponsored the education of the employee shall 
                determine the amount of the payment, except that such 
                amount may not exceed the pro rata share of the 
                expenses incurred for the time remaining in the two-
                year period.
          ``(3) Recovery of payment.--If an employee who is required to 
        make a payment under this subsection does not make the payment, 
        a sum equal to the amount of the expenses incurred by the 
        Government for the education of that employee is recoverable by 
        the Government from the employee or his estate by--
                  ``(A) setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount due the 
                employee from the Government; or
                  ``(B) such other method as is provided by law for the 
                recovery of amounts owing to the Government.

``SEC. 527. OFFICE OF PUBLIC AND COMMUNITY PREPAREDNESS.

  ``(a) In General.--There is in the Directorate of Emergency 
Management an Office of Public and Community Preparedness.
  ``(b) Director.--The Office shall be headed by a Director, who shall 
be appointed by the Secretary. The Director shall report directly to 
the Assistant Secretary for Grants and Planning.
  ``(c) Components.--The Office of Public and Community Preparedness 
shall consist of the following:
          ``(1) The various component programs of the Citizen Corps, 
        including Community Emergency Response Teams, Fire Corps, 
        Volunteers in Police Service, USA on Watch, and the Medical 
        Reserve Corps.
          ``(2) The Internet website known as Ready.gov and the 
        components of that website, including Ready Businesses, Ready 
        Kids, and Listo.
          ``(3) Such other duties relating to community, public, and 
        citizen preparedness as the Secretary may provide.
  ``(d) Responsibilities.--The Director of the Office of Public and 
Community Preparedness, in coordination with and support of the 
Regional Directors of Emergency Management under section 504, shall 
have the primary responsibility within the Department for assisting the 
efforts of State, local, and tribal governments in preparing citizens 
and communities in the United States for acts of terrorism, natural 
disasters, and other emergencies, including primary responsibility for 
each of the following:
          ``(1) Coordinating and supporting public and community 
        preparedness efforts at all levels of Government.
          ``(2) Serving as the principal advisor to the Secretary on 
        public and community preparedness issues.
          ``(3) Developing guidance on citizen preparedness for grants 
        to State, local, and tribal governments.
          ``(4) Providing, through the Regional Offices under section 
        504, State, local, and tribal Citizen Corps Councils with 
        tools, information, and technical assistance to connect local 
        and national citizen preparedness efforts.
          ``(5) Directing, managing, and implementing all programs 
        associated with the entities under subsection (c).
          ``(6) Establishing specialized preparedness programs for at-
        risk communities under subsection (e).
          ``(7) Ensuring coordination with private sector entities, 
        faith-based groups, other nongovernmental organizations, 
        special needs groups, emergency 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.

                    ``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; and
                  ``(J) reviewing other matters pertaining to the NIMS 
                and the NRP as the Secretary may require.
          ``(2) Developing a national program for NIMS and NRP 
        education and awareness, including specific instruction on the 
        purposes of the NIMS and the NRP and responsibilities of the 
        NIC.
          ``(3) Promoting the compatibility between national voluntary 
        consensus standards for the NIMS and the NRP and such standards 
        developed by other public, private, or professional groups.
          ``(4) Facilitating the development and publication of 
        materials and standardized templates to support the 
        implementation and continuous refinement of the NIMS and the 
        NRP.
          ``(5) Developing performance measures and assessment criteria 
        for the various components of the NIMS and the NRP and 
        compliance requirements and compliance timelines for 
        implementation by Federal, State, local, and tribal entities.
          ``(6) Establishing a peer review process for NIMS compliance 
        certifications that verifies the satisfaction of training, 
        planning, exercising, and other activities.
          ``(7) Defining, in consultation with the Assistant Secretary 
        for Training and Exercises, the general training requirements 
        and the national training standards and course curricula 
        associated with the NIMS and the NRP.
          ``(8) Facilitating the development of national voluntary 
        consensus standards, guidelines, and protocols for incident 
        management training and exercises, including consideration of 
        existing exercise and training programs at all levels of 
        government.
          ``(9) Facilitating the establishment and maintenance of a 
        publication management system for documents supporting the NIMS 
        and the NRP and other related publications and materials 
        related to the NIMS and the NRP, including the development or 
        coordination of general publications.
          ``(10) Reviewing and certifying, in coordination with 
        accrediting organizations and in consultation with Federal, 
        State, local, tribal, private-sector, and nongovernmental 
        entities, the discipline-specific publication management 
        requirements submitted by professional organizations and 
        associations.
          ``(11) Facilitating the development and publication of 
        national voluntary consensus standards, guidelines, and 
        protocols for the qualification and certification of emergency 
        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) 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 National Emergency Management Reform and Enhancement Act of 
        2006.
  ``(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 National 
        Emergency Management Reform and Enhancement Act of 2006;
          ``(2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program;
          ``(3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
          ``(4) coordinate, as appropriate, with the Assistant 
        Secretary for Cybersecurity and Telecommunications, regarding 
        the administration of the National Communications System;
          ``(5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies;
          ``(6) provide technical assistance to State, regional, local, 
        and tribal officials with respect to use of interoperable 
        emergency communications capabilities;
          ``(7) facilitate the creation of Regional Emergency 
        Communications Coordination Working Groups under section 565;
          ``(8) promote the development of standard operating 
        procedures with respect to use of interoperable emergency 
        communications capabilities for incident response and 
        facilitate the sharing of information on best practices 
        (including from governments abroad) for achieving, maintaining, 
        and enhancing interoperable emergency communications 
        capabilities for such response;
          ``(9) coordinate the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of backup communications 
        services in the event of a catastrophic loss of local and 
        regional emergency communications services;
          ``(10) assist the President, the National Security Council, 
        the Homeland Security Council, the Director of the Office of 
        Science and Technology Policy, and the Director of the Office 
        of Management and Budget in ensuring the operability of the 
        telecommunications functions and responsibilities of the 
        Federal Government;
          ``(11) establish requirements for total and nonproprietary 
        interoperable emergency communications capabilities for all 
        public safety radio and data communications systems and 
        equipment;
          ``(12) help to establish an integrated national public alert 
        and warning system that incorporates legacy systems; and
          ``(13) review, in consultation with Assistant Secretary for 
        Grants and Planning, all interoperable emergency communications 
        plans of Federal, State, local, and tribal governments, 
        including Statewide and tactical interoperability plans.
  ``(d) Performance of Previously Transferred Functions.--There is 
transferred to the Secretary the authority to administer, through the 
Assistant Secretary for Emergency Communications, the following:
          ``(1) The SAFECOM Program.
          ``(2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
          ``(3) The Interoperable Communications Technical Assistance 
        Program.
  ``(e) Coordination.--The Assistant Secretary shall coordinate, as 
appropriate, with the Director of the Office for Interoperability and 
Compatibility the responsibilities described in section 104 of the 
National Emergency Management Reform and Enhancement Act of 2006.
  ``(f) Sufficiency of Resources 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, may prohibit any State, local, or tribal 
        government from using Federal homeland security assistance 
        administered by the Department to achieve, maintain, or enhance 
        interoperable emergency communications capabilities, if--
                  ``(A) such government has not complied with the 
                requirement to submit a Statewide Interoperable 
                Communications Plans as required by section 7303(f) of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(f)); and
                  ``(B) as of the date that is three years after the 
                date of the enactment of this section, national 
                voluntary consensus standards for interoperable 
                emergency communications capabilities have not been 
                developed and promulgated.
          ``(2) Standards.--The Secretary, in coordination with other 
        Federal departments and agencies with responsibility for 
        standards shall develop, promulgate, and revise national 
        voluntary consensus standards on interoperable emergency 
        communications within 4 years after the date of the enactment 
        of this section, if the requirements of paragraph (1)(B) have 
        not been satisfied.
  ``(c) Transfer of Functions.--Not later than 60 days after the date 
of the enactment of this subsection, the President shall transfer to 
the Assistant Secretary for Emergency Communications the functions 
authorized by section 3006 of the Deficit Reduction Act of 2006 (Public 
Law 109-71; 120 Stat. 24), including the authority to borrow under 
3006(b) of that Act.

``SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

  ``(a) In General.--There is in each Regional Office under section 504 
a Regional Emergency Communications Coordination Working Group (in this 
section referred to as an `RECC Working Group').
  ``(b) Subject Matter Experts.--The RECC Working Group shall consist 
of the following:
          ``(1) Non-federal.--Organizations representing the interests 
        of the following:
                  ``(A) State officials.
                  ``(B) Local 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--Emergency Logistics

``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. NATIONAL ASSET INVENTORY PROGRAM.

  ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Emergency Management and in coordination with the heads 
of other appropriate Federal departments and agencies, shall establish 
a National Asset Inventory Program for the purpose of managing and 
deploying Federal capabilities in response to acts of terrorism, 
natural disasters, and other emergencies.
  ``(b) Inventory.--In accordance with the requirements of section 
611(h)(1)(C) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196(h)(1)(C)), the National Asset Inventory 
Program shall develop and maintain an inventory of Federal response 
capabilities and corresponding assets and resources. Such inventory 
shall include--
          ``(1) the performance parameters of each capability;
          ``(2) the 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.
  ``(c) Military Capabilities.--The Secretary of Defense shall provide 
to the Secretary a description of the functions and capabilities of any 
entity of the Department of Defense that may be used to provide support 
to civil authorities in responding to acts of terrorism, natural 
disasters, or other emergencies.
  ``(d) Database.--The Secretary, acting through the Under Secretary 
for Emergency Management, shall establish an inventory database to 
allow--
          ``(1) real-time exchange of information regarding 
        capabilities, assets, and resources, readiness, or the 
        compatibility of equipment;
          ``(2) easy identification and rapid deployment during an 
        incident; and
          ``(3) the sharing of inventories across jurisdictions.
  ``(e) Force Packages.--The Secretary, acting though the Under 
Secretary for Emergency Management, shall certify on an annual basis 
that Federal departments and agencies with primary or supporting agency 
responsibilities under an emergency support function of the National 
Response Plan have developed and maintained force packages of rapidly 
deployable Federal capabilities.
  ``(f) Logistics Support Centers.--The Secretary, acting through the 
Under Secretary and in coordination with other Federal departments and 
agencies and State, local, and tribal governments, shall identify 
physical locations in selected geographic areas that could be used as 
logistics support centers for receiving, staging, and integrating 
Federal capabilities in the event of acts of terrorism, natural 
disasters, and other emergencies.
  ``(g) Coordination.--In carrying out the activities of the program 
under this section, the Under Secretary shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.

``SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO 
                    MAJOR DISASTERS AND EMERGENCY ASSISTANCE 
                    ACTIVITIES.

  ``(a) Establishment of Database.--The Secretary, acting through the 
Under Secretary for Emergency Management and in coordination with the 
Regional Directors under section 504, shall establish and maintain a 
database that contains information about small business entities for 
purposes of Federal contracting related to assistance activities 
conducted in response to and recovery from acts of terrorism, natural 
disasters, and other emergencies.
  ``(b) Included Information.--The database under subsection (a) shall 
include the following information about each small business entity 
included in the database:
          ``(1) The name of the small business entity.
          ``(2) The location of the small business entity.
          ``(3) The area served by the small business entity.
          ``(4) The type of good or service provided by the small 
        business entity.
          ``(5) Whether the small business entity is--
                  ``(A) a small business entity owned and controlled by 
                socially and economically disadvantaged individuals;
                  ``(B) a small business entity owned and controlled by 
                women; or
                  ``(C) a small business entity owned and controlled by 
                service-disabled veterans.
  ``(c) Source of Information.--
          ``(1) Submission.--The database may only contain such 
        information about a small business entity as is submitted by 
        the small business entity.
          ``(2) Attestation.--Each small business entity submitting 
        information to the database shall submit--
                  ``(A) an attestation that the information submitted 
                is true; and
                  ``(B) documentation supporting such attestation.
          ``(3) Verification.--The Secretary shall verify only that the 
        documentation submitted by each small business entity supports 
        the information submitted by that small business entity.
  ``(d) Availability of Database.--The Secretary shall make the 
database generally available on the Internet website of the Department.
  ``(e) Consultation of Database.--Before awarding a Federal contract 
for a disaster-related activity, a component of the Department shall 
consult the database established under this section.
  ``(f) Database Integration.--The Secretary shall integrate the 
database established under this section into any other procurement-
related database maintained by the Secretary.
  ``(g) Definitions.--For purposes of this section, the terms `small 
business entity', `small business entity owned and controlled by 
socially and economically disadvantaged individuals', `small business 
entity owned and controlled by women', and `small business entity owned 
and controlled by service-disabled veterans' shall have the meanings 
given the terms `small business concern', `small business concern owned 
and controlled by socially and economically disadvantaged individuals', 
`small business concern owned and controlled by women', and `small 
business concern owned and controlled by service-disabled veterans' 
respectively under the Small Business Act (15 U.S.C. 631 et seq.).

``SEC. 584. FRAUD PREVENTION TRAINING PROGRAM.

  ``(a) Training Program Required.--The Secretary, acting through the 
Under Secretary for Emergency Management, shall develop and implement a 
program to provide training on the prevention of waste, fraud, and 
abuse of Federal assistance funds and services during the response to 
or recovery from acts of terrorism, natural disasters, or other 
emergencies and ways to identify such potential waste, fraud, and 
abuse.
  ``(b) Individuals Eligible for Training.--Under the training program 
required under subsection (a), the Secretary may provide training to--
          ``(1) employees, contractors, and volunteers of the Federal 
        Government;
          ``(2) employees and volunteers of any State, local, or tribal 
        government entity; and
          ``(3) employees and volunteers of 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.

``SEC. 585. 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 Amendment.--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. Office of National Capital Region Coordination.
``Sec. 509. National Advisory Council on Emergency Management.
``Sec. 510. Reorganization of Directorate.

                  ``Subtitle B--Emergency Preparedness

``Sec. 521. Office of Grants and Planning.
``Sec. 522. Office of Training and Exercises.
``Sec. 523. Essential capabilities.
``Sec. 524. Catastrophic planning.
``Sec. 525. System assessment and validation for emergency responders 
program.
``Sec. 526. Homeland Security Education Program.
``Sec. 527. Office of Public and Community Preparedness.

                    ``Subtitle C--Emergency Response

``Sec. 541. National incident management system and national response 
plan integration center.
``Sec. 542. Use of national private sector networks in emergency 
response.
``Sec. 543. Nuclear incident response.
``Sec. 544. National urban search and rescue response system.
``Sec. 545. Metropolitan Medical Response System.
``Sec. 546. Emergency Management Assistance Compact authorization.

                 ``Subtitle D--Emergency Communications

``Sec. 561. Office of Emergency Communications.
``Sec. 562. National emergency communications strategy.
``Sec. 563. Assessments and reports.
``Sec. 564. Coordination of Federal emergency communications grant 
programs.
``Sec. 565. Regional emergency communications coordination.
``Sec. 566. Emergency Communications Preparedness Center.
``Sec. 567. Urban and other high risk area communications capabilities.
``Sec. 568. Integrated national alert and warning system.

                   ``Subtitle E--Emergency Logistics

``Sec. 581. Prepositioned equipment program.
``Sec. 582. National Asset Inventory Program.
``Sec. 583. Small business database for Federal contracting related to 
major disasters and emergency assistance activities.
``Sec. 584. Fraud prevention training program.
``Sec. 585. 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. GULF COAST LONG-TERM RECOVERY OFFICE.

  (a) Establishment.--The Secretary of Homeland Security shall 
establish in the Department of Homeland Security a Gulf Coast Long-Term 
Recovery Office to administer amounts available to the Department for 
providing assistance to the residents of the Gulf Coast region for 
recovering from Hurricanes Katrina and Rita.
  (b) Director.--The Office shall be headed by a Director, who shall be 
appointed by the Secretary of Homeland Security.
  (c) Responsibilities.--The Director of the Gulf Coast Long-Term 
Recovery Office shall work with State, local, and tribal governments, 
the private sector, and nongovernmental organizations, including faith-
based and other community humanitarian relief entities, to provide 
assistance to residents of the Gulf Coast region for recovering from 
Hurricanes Katrina and Rita, including the following:
          (1) To assess the social and economic consequences in the 
        areas affected by Hurricanes Katrina and Rita and coordinate 
        Federal efforts to address long-term community recovery issues.
          (2) To advise the Secretary of Homeland Security on the long-
        term community recovery implications of response activities.
          (3) To conduct comprehensive market disruption and loss 
        analysis and develop a forward looking market-based 
        comprehensive long-term recovery plan for the affected areas.
          (4) To identify appropriate Federal programs and agencies to 
        support the implementation of the long-term community recovery 
        plan, to ensure coordination across appropriate Federal 
        departments and agencies, and to identify any gaps in the 
        available resources.
          (5) To avoid duplication of assistance, to coordinate, to the 
        extent possible, program application processes and planning 
        requirements in order to streamline assistance, and to identify 
        and coordinate the resolution of policy and program issues.
          (6) To determine responsibilities for recovery activities, to 
        provide a method of maintaining continuity in the delivery of 
        assistance under programs administered by various Federal 
        departments and agencies, and to oversee coordination with 
        State, local, and tribal governments and other involved 
        parties, to ensure follow-through of recovery and hazard 
        mitigation efforts.
          (7) To encourage implementation of mitigation measures during 
        recovery.
          (8) To carry out such other activities as determined 
        appropriate by the Secretary of Homeland Security.
  (d) Termination.--The Gulf Coast Long-Term Recovery Office 
established under subsection (a) shall terminate at the discretion of 
the Secretary.

SEC. 103. NATIONAL DISASTER MEDICAL SYSTEM.

  (a) Authorization of Appropriations.--Section 2811 of the Public 
Health Service Act (42 U.S.C. 300hh-11), as added by section 102 of the 
Public Health Security and Bioterrorism Preparedness and Response Act 
of 2002 (116 Stat. 599), is amended in subsection (h) by striking 
``such sums'' and all that follows and inserting ``$85,000,000 for each 
of the fiscal years 2007 through 2010.''.
  (b) Report.--Not later than 9 months after the date of the enactment 
of this Act, the Chief Medical Officer of the Department of Homeland 
Security, in consultation with the Under Secretary for Emergency 
Management, shall submit to Congress a report that provides--
          (1) an assessment of the need to expand the National Disaster 
        Medical System, including an examination of the feasibility of 
        maintaining a full time, non-volunteer operational unit or 
        units;
          (2) an evaluation of the relationship between the National 
        Disaster Medical System and the Metropolitan Medical Response 
        System;
          (3) an assessment of the coordination between the Department 
        and the Department of Health and Human Services during 
        deployment; and
          (4) an evaluation of whether the National Disaster Medical 
        System should remain in the Department and, if not, which 
        Department should have responsibility.

SEC. 104. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 314. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

  ``(a) Clarification of Responsibilities.--The Director of the Office 
of Interoperability and Compatibility shall--
          ``(1) assist the Secretary in developing and implementing the 
        science and technology aspects of the program described in 
        subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(a)(1));
          ``(2) support the creation of national voluntary consensus 
        standards for interoperable emergency communications;
          ``(3) establish a comprehensive research, development, 
        testing, and evaluation program for improving interoperable 
        emergency communications;
          ``(4) establish requirements for total and nonproprietary 
        interoperable emergency communications capabilities for all 
        public safety radio and data communications systems and 
        equipment;
          ``(5) evaluate and validate new technology concepts in real-
        world environments to achieve interoperable emergency 
        communications capabilities;
          ``(6) encourage more efficient use of existing resources, 
        including equipment and spectrum, to achieve interoperable 
        emergency communications capabilities;
          ``(7) test and deploy public safety communications systems 
        that are less prone to failure, support new nonvoice services, 
        consume less spectrum, and cost less than existing systems; and
          ``(8) work with the private sector to develop solutions to 
        improve emergency communications capabilities and achieve 
        interoperable emergency communications capabilities.
  ``(b) Coordination.--The Director shall coordinate with the Assistant 
Secretary for Emergency Communications with respect to the SAFECOM 
program.
  ``(c) Sufficiency of Resources.--The Secretary shall provide the 
Office for Interoperability and Compatibility the resources and staff 
necessary to carry out the responsibilities under this section.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting at the end of the items relating to 
title III the following:

``Sec. 314. Office of Interoperability and Compatibility.''.

SEC. 105. INTELLIGENCE ANALYSTS.

  (a) In General.--Financial assistance provided to State, local, and 
tribal governments by the Secretary of Homeland Security for prevention 
activities may be used by the State, local, or tribal government to 
hire new staff and contractors to serve as intelligence analysts to 
facilitate information and intelligence sharing activities.
  (b) Qualifications.--An individual shall successfully complete 
training to ensure baseline proficiency in intelligence analysis and 
production before the individual may serve as an intelligence analyst 
or as a staff intelligence employee or contractor.
  (c) Effective Date.--The requirements under subsection (b) shall 
apply with respect to an individual hired after the date of the 
enactment of this Act.

SEC. 106. REDESIGNATION OF DIRECTORATE FOR INFORMATION ANALYSIS AND 
                    INFRASTRUCTURE PROTECTION.

  (a) Redesignation of Directorate for Information Analysis and 
Infrastructure Protection.--Section 201 of the Homeland Security Act of 
2002 (6 U.S.C. 121) is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``a Directorate for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``an Office of Intelligence and Analysis''; and
                  (B) by striking ``an Under Secretary for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``an Under Secretary for Intelligence and Analysis'';
          (2) by striking subsection (b) and redesignating subsections 
        (c) through (g) as subsections (b) through (f), respectively;
          (3) in subsection (b), as so redesignated--
                  (A) by striking ``and infrastructure protection'' and 
                inserting ``and intelligence''; and
                  (B) by striking ``the Under Secretary for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``the Under Secretary for Intelligence and Analysis'';
          (4) in subsection (c), as so redesignated--
                  (A) by striking ``the Under Secretary for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``the Under Secretary for Intelligence Analysis'';
                  (B) by striking paragraphs (2), (5), and (6), and 
                redesignating paragraphs (3), (4), (7), (8), (9), (10), 
                (11), (12), (13), (14), (15), (16), (17), (18), and 
                (19) as paragraphs (2), (3), (4), (5), (6), (7), (8), 
                (9), (10), (11), (12), (13), (14), (15), and (16), 
                respectively;
                  (C) in paragraph (2), as so redesignated, by striking 
                ``To integrate'' and inserting ``To participate in the 
                integration of''; and
                  (D) in paragraph (14), as so redesignated, by 
                inserting ``the Assistant Secretary for Infrastructure 
                Protection and'' after ``coordinate with'';
          (5) in subsections (d) and (e), as redesignated by subsection 
        (a)(2), by striking ``Directorate'' each place it appears and 
        inserting ``Office''; and
          (6) in subsection (f), as redesignated by subsection (a)(2), 
        by striking ``, for assignment to the Under Secretary for 
        Information Analysis and Infrastructure Protection under this 
        section,''.
  (b) Technical and Conforming Amendments.--
          (1) Homeland security act of 2002.--The Homeland Security Act 
        of 2002 is amended--
                  (A) in section 103(a)(2) (6 U.S.C. 113(a)(2)), by 
                striking ``Information Analysis and Infrastructure 
                Protection'' and inserting ``Intelligence and 
                Analysis'';
                  (B) in section 223 (6 U.S.C. 123), by striking 
                ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Assistant 
                Secretary for Infrastructure Protection'';
                  (C) in section 224 (6 U.S.C. 144), by striking 
                ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Assistant 
                Secretary for Cybersecurity and Telecommunications''; 
                and
                  (D) in section 302(3) (6 U.S.C. 182(3)), by striking 
                ``Under Secretary for Information Analysis and 
                Infrastructure Protection'' and inserting ``Under 
                Secretary for Intelligence and Analysis and the 
                Assistant Secretary for Infrastructure Protection''.
          (2) Section 201.--
                  (A) The heading for section 201 of the Homeland 
                Security Act of 2002 (6 U.S.C. 121) is amended to read 
                as follows:

``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.

                  (B) The table of contents in section 1(b) of such Act 
                is amended by striking the item relating to section 201 
                and inserting the following:

``Sec. 201. Office of Intelligence and Analysis.''.

                  (C) The heading for subsection (a) of section 201 of 
                such Act (6 U.S.C. 121) is amended to read as follows: 
                ``Under Secretary of Homeland Security for Intelligence 
                and Analysis.--''.
                  (D) The heading for subsection (b) of section 201 of 
                such Act (6 U.S.C. 121), as redesignated by subsection 
                (a)(2) of this section, is amended to read as follows: 
                ``Discharge of Intelligence and Analysis.--''.
          (3) National security act of 1947.--Section 106(b)(2)(I) of 
        the National Security Act of 1947 (50 U.S.C. 403-6(b)(2)(I)) is 
        amended to read as follows:
          ``(I) The Under Secretary of Homeland Security for 
        Intelligence and Analysis.''.
          (4) Intelligence reform and terrorism prevention act of 
        2004.--Section 7306(a)(1) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
        3848) is amended by striking ``Under Secretary for Information 
        Analysis and Infrastructure Protection'' and inserting ``Under 
        Secretary for Intelligence and Analysis''.

SEC. 107. NATIONAL ACADEMY OF PUBLIC ADMINISTRATION STUDY ON 
                    IMPLEMENTATION OF ORGANIZATIONAL REFORMS.

  (a) Study Required.--Subject to the availability of appropriations, 
the Secretary of Homeland Security shall enter into an arrangement with 
the National Academy of Public Administration to conduct a study of the 
implementation of the organizational changes to the Department of 
Homeland Security made by this Act and the amendments made by this Act. 
Under the arrangement, the Academy shall provide assistance in the 
creation and implementation of the Directorate of Emergency Management.
  (b) Deadline for Beginning of Study.--The study required under this 
section shall begin not later than two months after the date of the 
enactment of this Act.
  (c) Termination.--The study required under this section shall end not 
later than the date that is one year after the date of the enactment of 
this Act.

SEC. 108. GAO REPORTS ON AN INVENTORY AND STATUS OF HOMELAND SECURITY 
                    TRAINING.

  (a) Initial Report Required.--Not later than 60 days after the date 
of the enactment of this Act, the Comptroller General shall submit to 
Congress an initial report on the overall inventory and status of 
training programs for emergency response providers in the Department of 
Homeland Security and other Federal departments and agencies and the 
extent to which such programs are coordinated.
  (b) Final Report Required.--Not later than 120 days after the date of 
the enactment of this Act, the Comptroller General shall submit to 
Congress a final report on homeland security training that includes the 
following:
          (1) An assessment of the effectiveness of the structure and 
        organization of training programs for emergency response 
        providers in the Department of Homeland Security and other 
        Federal departments and agencies.
          (2) Recommendations to--
                  (A) improve the coordination, structure, and 
                organization of such training programs; and
                  (B) increase the availability of training to 
                emergency response providers who are not able to attend 
                centralized training programs;
          (3) A description of the structure and organizational 
        effectiveness of such programs for emergency response providers 
        in rural communities.
          (4) An identification of any duplication or redundancy among 
        such programs.
          (5) A description of the use of State and local training 
        institutions, universities, centers, the National Domestic 
        Preparedness Consortium, and other national training programs 
        funded by the Department of Homeland Security, in designing and 
        providing training.
          (6) A cost-benefit analysis of the costs and time required 
        for emergency response providers to participate in training 
        courses at Federal institutions.
          (7) An assessment of the approval process for certifying 
        training courses that are not administered by the Department of 
        Homeland Security and that are useful for anti-terrorism 
        purposes and eligible for grants awarded by the Department.
          (8) A description of the use of Department of Homeland 
        Security grant funds by State, local, and tribal governments to 
        acquire training.
          (9) An analysis of the feasibility of Federal, State, local, 
        and tribal government personnel receiving the training that is 
        necessary to adopt the National Response Plan and the National 
        Incident Management System of the Department of Homeland 
        Security.
          (10) A description of the role of each training institution 
        within the Department of Homeland Security in the design and 
        implementation of emergency preparedness and related training 
        courses for emergency response providers.

SEC. 109. 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. 110. 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. 111. 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. 112. 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. 113. 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. 114. DEFINITIONS.

  (a) Expansion of Definition of Emergency Response Provider.--
Paragraph (6) of section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.
  (b) New Definitions.--Such section is further amended by adding at 
the end the following new paragraphs:
          ``(17) The term `emergency management' refers to the 
        governmental function that coordinates and integrates all 
        activities necessary to build, sustain, and improve the 
        capability to prepare for, respond to, mitigate against, or 
        recover from a threatened or actual act of terrorism, natural 
        disaster, or other emergency.
          ``(18) The term `prevention' means any activity undertaken to 
        avoid, prevent, or stop a threatened or actual act of 
        terrorism.
          ``(19) The term `emergency 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. 115. CONFORMING AMENDMENTS.

  (a) Repeals.--
          (1) In general.--The following provisions of the Homeland 
        Security Act of 2002 are repealed:
                  (A) Section 430.
                  (B) Subtitle A of title VIII.
                  (C) Section 882.
          (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the items relating 
        sections 430 and 882 and the item relating to subtitle A of 
        title VIII.
  (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)(8) of such Act, as redesignated by paragraph (1)(B), is 
        amended by striking ``12'' and inserting ``17''.

              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

SEC. 201. FRAUD, WASTE, AND ABUSE CONTROLS.

  (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 707. FRAUD, WASTE, AND ABUSE CONTROLS.

  ``(a) In General.--The Secretary, acting through the Under Secretary 
for Emergency Management, shall ensure that--
          ``(1) all programs within the Directorate administering 
        Federal assistance develop and maintain proper internal 
        management controls to prevent and detect fraud, waste, and 
        abuse;
          ``(2) application databases used by the Directorate to 
        collect information on eligible recipients must record 
        disbursements;
          ``(3) such tracking is designed to highlight and identify 
        ineligible applications; and
          ``(4) the databases used to collect information from 
        applications for such assistance must be integrated with the 
        disbursements and payment records.
  ``(b) Audits and Reviews Required.--The Secretary shall ensure that 
any existing database or similar application processing system in 
effect on the date of the enactment of this section for Federal 
assistance programs administered by the Department undergo a review by 
the Inspector General of the Department to determine the existence and 
implementation of such internal controls required under this section, 
before such database application may be used to determine eligibility 
and disbursement of Federal assistance.
  ``(c) Certification Required.--The Secretary, acting through the 
Under Secretary for Emergency Management, shall certify to the Congress 
on an annual basis that proper internal controls required under this 
section are in place and operational before a database or similar 
application processing system may be utilized for the purpose of the 
dispensing of Federal assistance.
  ``(d) Report to Congress.--Recommendations or findings that remain 
unresolved between program administrators and the Inspector General of 
the Department for 30 days must be immediately reported to Congress by 
the Inspector General of the Department.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item related to section 706 
the following:

``Sec. 707. Fraud, waste, and abuse controls.''.

SEC. 202. ASSESSMENT AND REPORT REGARDING UTILIZATION OF INDEPENDENT 
                    PRIVATE SECTOR INSPECTORS GENERAL.

  (a) In General.--The Under Secretary for Emergency Management of the 
Department of Homeland Security, in consultation with the Under 
Secretary for Management, shall--
          (1) assess the role that Independent Private Sector 
        Inspectors General (popularly known as ``IPSIGs'') played in 
        preventing waste, fraud, and abuse, in contracts for goods or 
        services purchased or commissioned after the terrorist attacks 
        on the World Trade Center in New York City on September 11, 
        2001; and
          (2) report the findings of such assessment to Congress by not 
        later than one year after the date of enactment of this Act 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.''.

  Amend the title so as to read:

      A bill to amend the Homeland Security Act of 2002 to 
establish a Directorate of Emergency Management, to codify 
certain existing functions of the Department of Homeland 
Security, and for other purposes.

                          Purpose and Summary

    The purpose of H.R. 5351 is to amend the Homeland Security 
Act of 2002 to establish a Directorate of Emergency Management, 
to codify certain existing functions of the Department of 
Homeland Security, and for other purposes. This bill would 
reform the Department of Homeland Security to address the 
fundamental problems identified after Hurricanes Katrina and 
Rita so that our Nation is adequately prepared for, ready to 
effectively respond to, and able to quickly recover from 
disasters of all types--whether man-made or natural.

                  Background and Need for Legislation

    In the morning hours of August 29, 2005, Hurricane Katrina 
came ashore along the coasts of Louisiana, Mississippi, and 
Alabama. In the days and weeks that followed, the Nation 
watched as it became apparent that all levels of government 
were unprepared and unable to adequately respond to the utter 
devastation caused by the storm. There were myriad problems 
evident in the response effort. Vital commodities arrived late. 
People lived in sub-human conditions for days, if not weeks. 
Hospitals throughout the region could neither treat the 
injured, nor handle the deceased, and communications 
capabilities were limited or non-existent. Hurricane Katrina 
and, subsequently, Hurricane Rita, which hit Texas and 
Louisiana, exposed a lack of preparedness--at all levels of 
government--to respond to a true catastrophe, whether natural 
or man-made. Furthermore, these two hurricanes exposed 
weaknesses in financial management controls that resulted in 
the payment of more than $1 billion of fraudulent applications 
for Federal assistance.
    Since August 2005, there have been at least five major 
investigations of our Nation's preparedness for, and response 
to, Hurricanes Katrina and Rita conducted by the U.S. House of 
Representatives, the U.S. Senate, the White House, the 
Department of Homeland Security Office of Inspector General, 
and the Government Accountability Office. Although the report 
released by the House Bipartisan Select Committee to 
Investigate the Preparation for and Response to Hurricane 
Katrina (House Select Committee) did not make any 
recommendations, the four other reports included 
recommendations for how our Nation can do better in the future. 
The reports all emphasized the need to restore the nexus 
between preparedness and response, enhance and strengthen the 
Federal Emergency Management Agency's (FEMA) capabilities, 
enhance cooperation between the Federal, State, local, and 
tribal governments, develop better mechanisms to maintain 
situational awareness, implement more effective controls to 
prevent waste, fraud, and abuse in Federal assistance programs, 
ensure the resiliency and redundancy of our Nation's critical 
infrastructure, and establish a more robust education and 
training program for homeland security personnel.
    The Committee believes that for our Nation to be prepared 
for catastrophes such as Hurricanes Rita and Katrina, the 
Department of Homeland Security (Department), as well as state 
and local governments need to fundamentally reform their 
emergency response capabilities to correct the deficiencies the 
hurricanes exposed . This legislation is intended to enhance 
the ability of our Nation to address the full range of 
potential catastrophic incidents at all levels of government. 
H.R. 5351 would, among other things: elevate FEMA within the 
Department and enhance its capabilities; strengthen the 
Department's capacity to manage the Federal response effort; 
improve homeland security education, exercises, and training 
programs; establish homeland security assessments, lessons 
learned, and remedial action programs; and foster effective 
coordination and cooperation among Federal, State, local, and 
tribal government decision-makers, emergency response 
providers, and the private sector.

                                Hearings

    On September 29, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a hearing entitled 
``Incident Command, Control, and Communications during 
Catastrophic Events.'' The Subcommittee received testimony from 
Mr. Chuck Canterbury, National President, Fraternal Order of 
Police; Chief William D. ``Bill'' Killen, President, 
International Association of Fire Chiefs; Mr. Bob Freudenthal, 
President, American Public Works Association; Mr. Robert L. 
Garner, President and CEO, American Ambulance Association; Mr. 
David E. Liebersbach, Immediate Past President, National 
Emergency Management Association; and Mark Edward Gebhart, 
M.D., Assistant Professor of Emergency Medicine, Boonshoft 
School of Medicine at Wright State University.
    On October 19, 2005, the Full Committee held a hearing 
entitled ``Federalism and Disaster Response: Examining the 
Roles and Responsibilities of Local, State, and Federal 
Agencies.'' The Committee received testimony from The Honorable 
Jeb Bush, Governor, State of Florida; The Honorable Rick Perry, 
Governor, State of Texas; The Honorable Janet Napolitano, 
Governor, State of Arizona; The Honorable David G. Wallace, 
Mayor, City of Sugar Land, Texas, testifying on behalf of The 
United States Conference of Mayors; and The Honorable Audwin M. 
Samuel, Mayor Pro Tem, City of Beaumont, Texas, testifying on 
behalf of the National League of Cities.
    On October 20, 2005, the Subcommittee on Prevention of 
Nuclear and Biological Attack held a hearing entitled 
``Mitigating Catastrophic Events through Effective Medical 
Response.'' The Subcommittee received testimony from Dr. Roy L. 
Alson, PhD, MD, FACEP, FAAEM, Associate Professor, Emergency 
Medicine, Wake Forest University School of Medicine; Richard 
Bradley, MD, Medical Director, Emergency Center-LBJ General 
Hospital, University of Texas Health Science Center at Houston; 
Donald F. Thompson, MD, MPH&TM;, Senior Research Fellow, Center 
for Technology and National Security Policy, National Defense 
University; and Jenny E. Freeman, MD, President and CEO, 
Hypermed, Inc.
    On October 26, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a hearing entitled 
``Ensuring Operability During Catastrophic Events.'' The 
Subcommittee received testimony from The Honorable Mark Rey, 
Under Secretary, Natural Resources and Environment, U.S. 
Department of Agriculture; Dr. David Boyd, Director, SAFECOM, 
Office of Interoperability and Communications, U.S. Department 
of Homeland Security; Dr. Peter Fonash, Deputy Manager, 
National Communications System, U.S. Department of Homeland 
Security; Mr. Kenneth P. Moran, Director, Office of Homeland 
Security, Enforcement Bureau, Federal Communications 
Commission; and Dr. Linton Wells II, Acting Assistant 
Secretary, Networks and Information Integration and Chief 
Information Officer, U.S. Department of Defense.
    On October 27, 2005, the Subcommittee on Management, 
Integration, and Oversight held a hearing entitled ``The 
Department of Homeland Security Second-Stage Review: The Role 
of the Chief Medical Officer.'' Testimony was received from Dr. 
Jeffrey W. Runge, Chief Medical Officer, Department of Homeland 
Security; Mr. Timothy Moore, Director of Federal Programs, 
National Agricultural Biosecurity Center, Kansas State 
University; Dr. Jeffrey A. Lowell, Professor of Surgery and 
Pediatrics, Washington University School of Medicine; and Mr. 
David Heyman, Director and Senior Fellow, Homeland Security 
Program, Center for Strategic and International Studies.
    On November 9, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology of the Committee on 
Homeland Security and the Subcommittee on Terrorism, 
Unconventional Threats and Capabilities of the Committee on 
Armed Services held a joint hearing entitled ``Responding to 
Catastrophic Events: the Role of the Military and National 
Guard in Disaster Response.'' The Subcommittees received 
testimony from The Honorable Michael P. Jackson, Deputy 
Secretary, U.S. Department of Homeland Security; The Honorable 
Paul McHale, Assistant Secretary of Defense, Homeland Defense, 
U.S. Department of Defense; Admiral Thomas H. Collins, 
Commandant, U.S. Coast Guard, U.S. Department of Homeland 
Security; Major General Richard J. Rowe, Jr., Director of 
Operations, U.S. Northern Command, U.S. Department of Defense; 
and Lieutenant General H. Steven Blum, Chief, National Guard 
Bureau, U.S. Department of Defense.
    On February 15, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a hearing entitled 
``The State of Interoperable Communications: Perspectives from 
the Field.'' The Subcommittee received testimony from Trooper 
Casey L. Perry, Wisconsin State Patrol, Chairman, National 
Troopers Coalition; Mr. Tim Bradley, Senior Deputy State Fire 
Marshal, North Carolina Office of State Fire Marshal, National 
Volunteer Fire Council; Ms. Diane Linderman, Director-at-Large, 
Public Works Management/Leadership, American Public Works 
Association; Mr. William Moroney, President and Chief Executive 
Officer, United Telecom Council; and Dr. William W. Pinsky, 
Executive Vice President & Chief Academic Officer, Ochsner 
Clinic Foundation, American Hospital Association.
    On March 1, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a hearing entitled 
``The State of Interoperable Communications: Perspectives from 
State and Local Governments.'' The Subcommittee received 
testimony from The Honorable Robert Drake, Mayor, Beaverton, 
Oregon, testifying on behalf of the National League of Cities; 
The Honorable Gino Menchini, Commissioner, Department of 
Information Technology and Telecommunications, City of New 
York, State of New York; Chief Charles Werner, Charlottesville 
Fire Department, Commonwealth of Virginia, testifying on behalf 
of Virginia's Statewide Interoperability Executive Committee; 
and Mr. Steve Proctor, Executive Director, The Utah 
Communications Agency Network, testifying on behalf of 
Association of Public-Safety Communications Officials.
    On April 12, 2006, Subcommittee on Emergency Preparedness, 
Science, and Technology held a field hearing in Orting, 
Washington, entitled ``Emergency Planning and Preparedness: 
Federal, State, and Local Coordination.'' The Subcommittee 
received testimony from The Honorable George Foresman, Under 
Secretary of Preparedness, Department of Homeland Security; Mr. 
James Mullen, Director, Emergency Management Division, 
Washington Military Department; Mr. Steven Bailey, Director, 
Pierce County Department of Emergency Management; Mr. Mario H. 
Trevino, Fire Chief Bellevue Fire Department, City of Bellevue, 
Washington; Mr. William ``Bill'' Mitzel, MS, ARM, ALCM, Risk 
Control Specialist, Home Office Commercial Lines, Unigard 
Insurance Group; Sheriff Paul A. Pastor, Jr., Pierce County 
Sheriff's Office, Washington State; Mr. A.D. Vickery, Assistant 
Chief, City of Seattle Fire Department, Seattle, Washington; 
Mr. Michael Loehr, Director of Preparedness, Public Health--
Seattle and King County; Mr. William ``Bill'' Pugh, Director of 
Public Works/Assistant City Manager, City of Tacoma, 
Washington; and Mr. Roger C. Serra, Director of Security and 
Emergency Management, Seattle City Light, City of Seattle, 
Washington.
    On April 25, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a hearing entitled 
``The State of Interoperable Communications: Perspectives on 
Federal Coordination of Grants, Standards, and Technology.'' 
The Subcommittee received testimony from the Honorable Tracy A. 
Henke, Assistant Secretary, Office of Grants and Training, 
Directorate of Preparedness, Department of Homeland Security; 
Dr. David G. Boyd, Director, Office for Interoperability and 
Compatibility, Directorate of Science and Technology, U.S. 
Department of Homeland Security; Mr. Kenneth P. Moran, 
Director, Office of Homeland Security, Enforcement Bureau, 
Federal Communications Commission; Mr. Carl Peed, Executive 
Director, Office of Community Oriented Policing Services 
(COPS), Department of Justice; Mr. John Morgan, Assistant 
Director for Science and Technology, National Institute of 
Justice, Department of Justice; Mr. Dereck Orr, Program 
Manager, Public Safety Communications Systems, National 
Institute of Standards and Technology; Mr. James Gass, Deputy 
Director, National Memorial Institute for the Prevention of 
Terrorism; and Mr. Bruce Walker, Chairman, Subcommittee on 
Government Affairs, Homeland Security and Defense Business 
Council.
    On May 9, 2006, prior to introduction, the Committee on 
Homeland Security held a hearing on proposed legislation to 
strengthen the Federal Emergency Management Agency and better 
integrate it into the Department, and for other purposes. The 
Committee received testimony from Dr. William O. Jenkins, Jr., 
Director, Homeland Security and Justice, Government 
Accountability Office; Mr. Barry Kasinitz, Director, 
Governmental/Legislative Affairs, International Association of 
Fire Fighters; Mr. Steven V. Lenkart, Director of Legislative 
Affairs, International Brotherhood of Police Officers; and Mr. 
Eric Holdeman, Director, Office of Emergency Management, King 
County, State of Washington.

                        Committee Consideration

    H.R. 5351 was introduced by Mr. Reichert, Mr. Pascrell, Mr. 
McCaul, Mr. Etheridge, Mr. King of New York, Mr. Thompson of 
Mississippi, and nineteen original cosponsors on May 11, 2006, 
and referred to the Committee on Transportation and 
Infrastructure and, in addition, to the Committee on Homeland 
Security, and the Committee on Energy and Commerce. Within the 
Committee on Homeland Security, H.R. 5351 was held for 
consideration at the Full Committee.
    On May 17, 2006, the Full Committee met in open markup 
session and ordered H.R. 5351 favorably reported to the House 
of Representatives, amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    On May 17, 2006, the Committee on Homeland Security 
considered H.R. 5351, and ordered the measure favorably 
reported to the House, amended, by voice vote. H.R. 5351 was 
amended as follows.
    H.R. 5351 was agreed to, as amended, by a record vote of 28 
yeas and 0 nays (Rollcall Vote No. 35).


    A unanimous consent request by Mr. King to amend the title 
to read ``To amend the Homeland Security Act of 2002 to 
establish a Directorate of Emergency Management, to codify 
certain existing functions of the Department of Homeland 
Security, and for other purposes.'' was not objected to.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute (#1) offered by 
Mr. King; was AGREED TO, without amendment, by voice vote.
    An amendment offered by Mr. DeFazio to the Amendment in the 
Nature of a Substitute (#1A); In section 101(a), in the 
proposed section 501(b) of the Homeland Security Act of 2002 
(page 2, beginning at line 21), strike so much as precedes 
paragraph (2) and insert the following new subsections entitled 
``(b) Deputy for Emergency Preparedness and Mitigation.''; 
``(c) Deputy for Emergency Response and Recovery.''; In section 
101(a), in the proposed section 501(d) of the Homeland Security 
Act of 2002 (page 5, beginning at line 3), strike so much as 
precedes paragraph (1) and insert the following new subsection 
entitled ``(d) Directors for Emergency Management.''; In 
section 101(a) (page 2, beginning at line 9), in the proposed 
title V of the Homeland Security Act of 2002, strike ``Deputy 
Under Secretary'' each place it appears and insert ``Deputy''; 
In section 101(a) (page 2, beginning at line 9), in the 
proposed title V of the Homeland Security Act of 2002, strike 
``Assistant Secretary'' each place it appears and insert 
``Director''; In section 101(a) (page 2, beginning at line 9), 
in the proposed title V of the Homeland Security Act of 2002, 
strike ``Assistant Secretaries'' each place it appears and 
insert ``Directors''; was NOT AGREED TO by voice vote.
    An amendment offered by Mrs. Lowey to the Amendment in the 
Nature of a Substitute (#1B); at the end of the proposed 
section 562 of the Homeland Security Act of 2002 (page 92, 
after line 15) add a new subsection entitled ``(C) 
Interoperability Communications Grants.''; was WITHDRAWN by 
unanimous consent.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    H.R. 5351, the ``National Emergency Management Reform and 
Enhancement Act of 2006,'' is intended to address the 
fundamental problems identified by recent catastrophic 
incidents and prepare the Nation to respond effectively to, and 
recover quickly from, acts of terrorism, natural disasters, and 
other emergencies. Among other things, the bill establishes the 
Federal Emergency Management Agency (FEMA) as a Directorate of 
Emergency Management within the Department of Homeland Security 
(Department); elevates the Director of FEMA to an Under 
Secretary and requires that they posses a demonstrated ability 
in, and knowledge of, emergency management; makes the Under 
Secretary the President's principal advisor for emergency 
management issues; gives the Under Secretary a direct reporting 
relationship to the President during Incidents of National 
Significance; and consolidates the Department's Preparedness 
Directorate and FEMA to ensure that preparedness and response 
activities are properly coordinated. Moreover, H.R. 5351 gives 
FEMA the tools necessary to accomplish its mission; improves 
communication and coordination at the Federal, State, local, 
and tribal levels; accelerates the development of redundant, 
survivable, and interoperable emergency communications 
capabilities; strengthens disaster preparedness and response 
capabilities nationwide; and takes steps to eliminate waste, 
fraud, and abuse in the aftermath of major disasters. H.R. 5351 
is a comprehensive bill that will empower the Department to 
become what Congress and the Administration intended it to be--
a strong, Federal coordinating agency capable of effectively 
preventing, preparing for, mitigating against, responding to, 
and recovering from acts of terrorism, natural disasters, and 
other emergencies.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5351, the National Emergency Management Reform and Enhancement 
Act of 2006, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 2006.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 5351, the 
National Emergency Management Reform and Enhancement Act of 
2006. This estimate supersedes the initial cost estimate 
transmitted on May 24, 2006. The estimated cost of H.R. 5351 
has not changed, but CBO has revised its cost estimate for H.R. 
5316, which was referred to in our previous estimate for H.R. 
5351. Thus, the only change reflected in the enclosed estimate 
is an update to the comparison of the two bills.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5351--National Emergency Management Reform and Enhancement Act of 
        2006

    Summary: H.R. 5351 would reorganize the Preparedness 
Directorate, the Federal Emergency Management Agency (FEMA), 
and part of the Science and Technology Directorate into a new 
operational entity within the Department of Homeland Security 
(DHS) called the Directorate of Emergency Management. In 
addition, the bill would authorize the appropriation of funds 
for various programs including emergency management grants to 
states, the Metropolitan Medical Response System (MMRS), the 
National Urban Search and Rescue Program, and the National 
Incident Management System (NIMS), among others. Assuming 
appropriation of the necessary funds, CBO estimates that 
implementing H.R. 5351 would cost about $1.3 billion over the 
2007-2011 period. Enacting this legislation would not affect 
direct spending or revenues.
    H.R. 5351 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. H.R. 5351 would 
impose a mandate on the private sector, as defined in UMRA, by 
prohibiting individuals and entities from using specific words, 
initials, titles, or the insignia of DHS in connection with 
certain activities without written permission. Based on 
information from DHS, CBO expects that the direct cost to 
comply with the mandate would be minimal and would fall well 
below the annual threshold established by UMRA for private-
sector mandates ($128 million in 2006, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5351 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development), 550 (health), and 750 
(administration of justice).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION


Administrative Costs of New
 Directorate and Studies:
    Estimated Authorization           14      13      13      13      13
     Level......................
    Estimated Outlays...........      12      13      13      13      13
Emergency Management Grants:
    Authorization Level.........     364       4       4       4       4
    Estimated Outlays...........      39     137     116      83       4
National Incident Management
 System:
    Authorization Level.........      25      25      25      25       0
    Estimated Outlays...........      11      19      23      25      14
National Disaster Medical System
 and Medical Response System:
    Authorization Level.........     145     145     145     145       0
    Estimated Outlays...........     109     145     145     145      36
Urban Search and Rescue System:
    Estimated Authorization           40      40      40      41      41
     Level......................
    Estimated Outlays...........      18      30      36      40      41
Total Changes:
    Estimated Authorization          588     227     227     238      58
     Level......................
    Estimated Outlays...........     189     344     332     307     108
------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
5351 will be enacted near the start of fiscal year 2007 and 
that the amounts will be appropriated over the 2007-2011 
period. CBO estimates that implementing this bill would cost 
about $1.3 billion over the 2007-2011 period, assuming 
appropriation of the necessary funds. Those costs represent 
estimated expenditures for activities that H.R. 5351 would 
authorize but do not include continuing costs for other FEMA 
programs, such as disaster relief--with outlays that fluctuate 
significantly from year-to-year, depending on the need to 
respond to disasters.

FEMA Programs and Current Spending

    H.R. 5351 would reorganize the Preparedness Directorate, 
FEMA, and part of the Science and Technology Directorate into a 
new operational entity within DHS called the Directorate of 
Emergency Management. Under current law, FEMA's primary 
responsibilities are to respond to all types of disasters, 
mitigate the damage of future disasters, and help communities 
recover after a disaster. Most of the spending for these 
activities comes out of the Disaster Relief Fund. To help the 
Gulf Coast recover from the 2005 hurricanes, for example, over 
$60 billion was initially appropriated to the fund, though over 
$20 billion was eventually reallocated to other federal 
programs that were engaging in disaster recovery efforts 
related to the hurricanes. On balance, CBO estimates that 
disaster relief spending will total well over $20 billion in 
fiscal year 2006. (In contrast, such spending totaled about $12 
billion in fiscal year 2005 but averaged much less than those 
amounts prior to 2005.) In addition, FEMA manages the National 
Flood Insurance Program. CBO estimates that spending for flood 
insurance claims will exceed $20 billion in fiscal year 2006. 
The bill would not change FEMA's responsibilities for providing 
such disaster assistance or for paying flood insurance claims.
    Under current law, the Preparedness Directorate of the DHS 
administers most of the grant and training programs that 
benefit state and local governments by helping them prepare for 
future terrorist attacks, natural disasters, or other 
emergencies. Over $3 billion was appropriated in 2006 for these 
grants. In addition, the Office of Interoperability and 
Compatibility (OIC) of the Science and Technology Directorate 
coordinates programs that provide assistance and tools to state 
and local governments to improve public safety communications.

Administrative Costs of New Directorate

    H.R. 5351 would reorganize the Preparedness Directorate, 
the Federal Emergency Management Agency, and the Office of 
Interoperability and Compatibility (OIC) of the Science and 
Technology Directorate into a new operational entity within DHS 
called the Directorate of Emergency Management. For this 
estimate, CBO assumes that current employees of the 
Preparedness Directorate, OIC, and FEMA would be reorganized 
into the structure outlined in this bill. In addition, CBO 
estimates that some new senior positions would be needed to 
manage the expanded directorate as outlined in this bill, and 
some current employees would see salary increases with their 
new responsibilities. The bill also would authorize the 
appropriation of $11 million a year for a new Deputy Inspector 
General for Response and Recovery. Assuming appropriation of 
the necessary and authorized amounts, CBO estimates that 
implementing these provisions would cost about $13 million a 
year.
    H.R. 5351 also would authorize the new directorate to work 
with the National Academy of Public Administration to conduct a 
study on the organizational changes made under this bill. In 
addition, the bill would authorize the Government 
Accountability Office to conduct a study on the inventory and 
effectiveness of training programs for federal, state, and 
local emergency response providers. CBO estimates that 
conducting these studies would cost about $1 million in 2007.

Emergency Management Grants

    H.R. 5351 would authorize the appropriation of $360 million 
in 2007 for the emergency management grants to states. In 2006, 
$185 million was appropriated for those grants. In addition, 
the bill would authorize the appropriation of $4 million a year 
for grants to help certain states to administer and coordinate 
activities under the Emergency Management Assistance Compact 
authorized by Public Law 104-321. Based on FEMA's historical 
spending patterns, CBO estimates that implementing these grant 
programs would cost $378 million over the 2007-2011 period, 
assuming appropriation of the specified amounts.

National Incident Management System

    H.R. 5351 would authorize the appropriation of $25 million 
a year over the 2007-2010 period to implement, maintain, and 
revise the NIMS and the National Response Plan (NRP). NIMS 
establishes a framework for governmental, nongovernment, and 
private-sector entities to work cooperatively to prepare for, 
respond to, and recover from disasters of any kind. The NRP is 
based on the NIMS and provides the operational direction for 
the entities to deal with disasters. Based on spending patterns 
of similar programs, CBO estimates that implementing this 
provision would cost $91 million over the 2007-2011 period, 
assuming appropriation of the specified amounts.

National Disaster Medical System and Metropolitan Medical Response 
        System

    H.R. 5351 would authorize the appropriation of $580 million 
over the 2007-2010 period to implement the National Disaster 
Medical System (NDMS) and to provide grants under the 
Metropolitan Medical Response System. The NDMS is located 
within FEMA and coordinates the federal response to medical 
emergencies such as acts of terrorism. The MMRS helps high-
density jurisdictions prepare for mass casualty situations and 
acquire pharmaceuticals and personal protective gear. Based on 
historical spending patterns for these programs, CBO estimates 
that implementing this provision would cost $580 million over 
the 2007-2011 period, assuming appropriation of the specified 
amounts.

Urban Search and Rescue System

    H.R. 5351 would authorize the appropriation of $40 million 
a year over the 2007-2009 period, and such sums as are 
necessary after that period, to implement and administer the 
National Urban Search and Rescue Response System. To estimate 
the cost of this program in future years, CBO adjusted the 2009 
authorization level for anticipated inflation in future years. 
Based on historical spending patterns for this program, CBO 
estimates that implementing this provision would cost $165 
million over the 2007-2011 period, assuming appropriation of 
the authorized amounts.
    Estimated Impact on State, Local, and Tribal Governments: 
H.R. 5351 contains no intergovernmental mandates as defined in 
UMRA. Assuming the appropriation of authorized amounts, state 
and local governments would benefit from $600 million over the 
2007-2011 period to improve emergency preparedness. The bill 
also would add several new requirements for state and local 
governments receiving homeland security grants, including 
maintaining response plans for catastrophic events, 
implementing certain voluntary standards, and filing new 
reports. Any costs incurred by those governments would be 
conditions of receiving federal assistance.
    Estimated Impact on the Private Sector: H.R. 5351 would 
impose a mandate, as defined in UMRA, by prohibiting 
individuals and entities from using specific words, initials, 
titles, or the insignia of DHS in connection with certain 
activities without written permission. The bill would expand 
restrictions beyond those in current law. The cost of the 
mandate would be the cost of acquiring written permission from 
the department or the forgone net value attributable to such 
uses in the event that permission is not granted. Based on 
information from DHS, CBO expects that the direct cost to 
comply with the mandate would be minimal and would fall well 
below the annual threshold established by UMRA for private-
sector mandates ($128 million in 2006, adjusted annually for 
inflation).
    Previous CBO Estimates: On May 24, 2006, CBO transmitted a 
cost estimate for H.R. 5351, the National Emergency Management 
Reform and Enhancement Act of 2006, as ordered reported by the 
House Committee on Homeland Security on May 17, 2006. This cost 
estimate supersedes that previous estimate, but CBO's estimate 
of the costs of implementing H.R. 5351 has not changed. The 
revision simply corrects a statement in our previous cost 
estimate regarding the costs of implementing H.R. 5316, the 
Restoring Emergency Services to Protect Our Nation From 
Disasters Act of 2006, as ordered reported by the House 
Committee on Transportation and Infrastructure on May 17, 2006.
    On May 24, 2006, CBO transmitted a cost estimate for H.R. 
5316, the Restoring Emergency Services to Protect Our Nation 
From Disasters Act of 2006, as ordered reported by the House 
Committee on Transportation and Infrastructure on May 17, 2006. 
On June 2, 2006, CBO issued a revised estimate for H.R. 5316 to 
correct an error concerning the cost of implementing that bill.
    Both H.R. 5351 and H.R. 5316 would reorganize FEMA, but 
would do so in different ways. Each bill would authorize the 
appropriation of different amounts for different FEMA and 
preparedness activities and grant programs, and CBO's cost 
estimates reflect those differences.
    Estimate Prepared by: Federal Costs: Julie Middleton. 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell. Impact on the Private Sector: Fatimot Ladipo.
    Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                 Compliance With House Resolution 1000

    In compliance with H. Res. 1000, adopted on September 14, 
2006, the Committee finds that H.R. 5351 does not provide 
authority, including budget authority, or recommend the 
exercise of authority, including budget authority, for a 
contract, loan, loan guarantee, grant, loan authority, or other 
expenditure with or to a non-Federal entity.

                      Advisory Committee Statement

    H.R. 5351 creates three advisory committees within the 
meaning of section 5(b) of the Federal Advisory Committee Act: 
the Regional Advisory Council on Emergency Management, the 
National Advisory Council on Emergency Management, and the 
National Urban Search and Rescue Task Force.

           REGIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT

    Section 504(e) establishes a Regional Advisory Council on 
Emergency Management (Regional Advisory Council) in each region 
to ensure effective coordination of all regional interests. 
Specifically, each Regional Advisory Council will be composed 
of subject matter experts from all levels of government and the 
private sector, including (1) the Departments of Defense, 
Health and Human Services, and Transportation; (2) other 
components of the Department of Homeland Security (Department), 
including the United States Coast Guard, Customs and Border 
Protection, Immigration and Customs Enforcement, and the 
Transportation Security Administration; (3) other components of 
the Directorate of Emergency Management of the Department, 
including the Offices of Grants and Planning, Training and 
Exercises, Public and Community Preparedness, and 
Infrastructure Protection; (4) State, local, and tribal 
emergency managers, emergency response providers, and emergency 
response support providers; (5) private sector non-governmental 
organizations, educational institutions, social action 
agencies, and faith-based organizations; and (6) other relevant 
State, local, and tribal officials. Each Regional Advisory 
Council Member shall serve a term of three years.
    Each Regional Advisory Council shall meet at least 
biannually and advise the Regional Director on emergency 
management issues specific to that region, including any 
weaknesses or deficiencies in preparedness, mitigation, 
response, and recovery. Each Regional Advisory Council shall 
advise the Regional Director on developing a process for a peer 
review of catastrophic emergency plans submitted under section 
524 of this bill and identify any characteristics unique to 
their region. Each Regional Advisory Council is also directed 
to assist the Regional Director in establishing a process to 
secure goods and services through coordinated, pre-negotiated 
contracts by Federal, State, local, and tribal governments.

           NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT

    Section 509 of this bill establishes the National Advisory 
Council on Emergency Management (National Advisory Council) to 
advise the Secretary of Homeland Security (Secretary) on 
national initiatives related to acts of terrorism, natural 
disasters, and other emergencies. This section requires the 
Secretary to establish an advisory body to review, revise, or 
replace national plans, planning tools, and other documents 
that affect emergency response providers, emergency managers, 
and emergency response support providers, including: the 
National Response Plan, the National Incident Management 
System, the National Preparedness Guidance, the National 
Preparedness Goal, the Target Capabilities List, the Universal 
Task List, the National Planning Scenarios, and the National 
Infrastructure Protection Plan.
    The Secretary shall appoint members to the National 
Advisory Council who, to the greatest extent practicable, 
reflect a geographic (including urban and rural) and 
substantive cross section of emergency response providers, 
emergency response support providers, emergency managers, and 
other experts from State, local, and tribal governments. 
Members of the National Advisory Council who are health 
professionals, including emergency medical services 
professionals, shall be coordinated by the Secretaries of 
Homeland Security, Health and Human Services, and 
Transportation. The Departments of Homeland Security, Health 
and Human Services, and Transportation shall each designate one 
or more officers of their respective Departments to serve as ex 
officio members.
    The National Advisory Council must submit a report to the 
Secretary within twelve months of its establishment, and every 
two years thereafter, on recommended ``essential capabilities'' 
for different types of communities. Among other things, the 
National Advisory Council's report must include a priority 
ranking of essential capabilities and a methodology by which 
State, local, and tribal governments can determine whether they 
possess or have access to these essential capabilities.

          NATIONAL URBAN SEARCH AND RESCUE ADVISORY COMMITTEE

    Section 544 of the bill directs the Under Secretary for 
Emergency Management of the Department of Homeland Security to 
establish and maintain an Advisory Committee to provide expert 
recommendations with respect to the administration of the 
currently existing, but unauthorized, National Urban Search and 
Rescue Response System (System). The System 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.
    Members of the advisory committee shall be geographically 
diverse, and include, at a minimum, 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; the senior emergency manager from 
each of at least two States in which such local governments are 
located; and at least one representative from each urban search 
and rescue team selected by the leaders of the task forces. The 
advisory committee shall terminate two years after the date of 
enactment.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


            SUBTITLE A--DIRECTORATE OF EMERGENCY MANAGEMENT

Section 501. Directorate of Emergency Management

    This section recombines emergency preparedness and response 
by consolidating the Department of Homeland Security's (DHS or 
the Department) Directorate of Preparedness with the Federal 
Emergency Management Agency (FEMA) into a new Directorate of 
Emergency Management (Directorate). The Directorate shall be 
headed by an Under Secretary for Emergency Management (Under 
Secretary), who shall be appointed by the President, by and 
with the advice and consent of the Senate. Moreover, the Under 
Secretary will be required to possess a demonstrated ability in 
and knowledge of emergency management and homeland security.
    This section also establishes two Deputy Under 
Secretaries--one for Emergency Preparedness and Mitigation and 
one for Emergency Response and Recovery--to assist the Under 
Secretary of Emergency Management in discharging the 
responsibilities of Title V of the Homeland Security Act of 
2002 (P.L. 107-296, as amended by this bill). The two Deputy 
Under Secretaries must possess a demonstrated ability in and 
knowledge of emergency preparedness and mitigation and 
emergency response and recovery, respectively.
    The Committee believes this section would rectify one of 
the major problems that arose after the creation of the 
Department--the separation of FEMA from many of the 
preparedness functions and grant programs that it previously 
administered. The Committee found that removing these programs 
from FEMA led to a deterioration of FEMA's relationship with 
State and local emergency managers and emergency response 
providers. It further hindered FEMA's ability to work in 
partnership with State, local, and tribal governments to 
support and enhance the planning process for preparing for, 
mitigating, responding to, and recovering from catastrophic 
incidents.
    Being familiar with State and local emergency response 
providers and helping to ensure their preparedness is essential 
to mounting an effective response to acts of terrorism, natural 
disasters, and other emergencies. No State or local government 
separates preparedness from response and the Committee believes 
the Department's organization should more closely parallel 
those of State and local governments.
    The Committee also firmly believes that the Under Secretary 
for Emergency Management must possess expertise in emergency 
management and homeland security. Given the nature of the 
Directorate's responsibilities, it is simply imperative that 
the Directorate be led by persons who possesses appropriate 
qualifications.

Section 502. Responsibilities of the Under Secretary

    This section directs the Under Secretary for Emergency 
Management (Under Secretary) to perform the responsibilities of 
the Director of the Federal Emergency Management Agency (FEMA) 
and the Under Secretary for Preparedness, and transfers all of 
functions, personnel, assets, and liabilities of FEMA and the 
Directorate of Preparedness to the new Directorate of Emergency 
Management (Directorate). As a general matter, this section 
restates and enhances FEMA's role within the Department of 
Homeland Security (DHS or Department) and the Directorate.
    This section gives the Under Secretary primary 
responsibility within the executive branch for preparing for, 
mitigating against, responding to, and recovering from acts of 
terrorism, natural disasters, or other emergencies. Among other 
responsibilities, the Under Secretary shall serve as the 
Secretary of Homeland Security's (Secretary) principal advisor 
on emergency preparedness, mitigation, response, and recovery 
issues; carry out all functions and authorities prescribed by 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (as amended by Public Law 93-288); develop and submit the 
Directorate's annual budget directly to the President; lead the 
development of an integrated national emergency management 
system; direct and supervise Federal homeland security grant 
programs; and support community preparedness.
    Moreover, this section limits the Secretary's ability to 
reprogram and transfer funds appropriated to the Directorate. 
In particular, it requires the Secretary to comply with the 
applicable provisions of the annual Homeland Security 
Appropriation Act relating to reprogramming and transfers. For 
example, Section 503 of Title V of the Department of Homeland 
Security Appropriations Act for FY2006 (P.L. 109-90) expresses 
concern with the number of reprogramming proposals submitted 
for consideration by the Department and reminded the Department 
that reprogramming or transfer requests should be submitted 
``only in the case of an unforeseeable emergency or situation 
that could not have been predicted when formulating the budget 
request for the current fiscal year.'' The Committee notes the 
concerns of many in the emergency management community 
regarding the reprogramming of FEMA funds by the Department to 
pay for the expenses of other components within the Department. 
It is for these reasons that the Committee has incorporated the 
appropriations provisions by reference.
    Finally, this section directs the Secretary to ensure that 
the Directorate possesses the staff and resources necessary to 
carry out its all-hazards mission. The Committee wants to 
ensure that the new Directorate is able to fulfill its vital 
responsibilities effectively, efficiently, and in a timely 
manner.

Section 503. Principal Advisor on Emergency Management

    This section designates the Under Secretary for Emergency 
Management (Under Secretary) as the principal advisor to the 
President for all matters pertaining to emergency management in 
the United States. Under the Homeland Security Act, the 
Secretary of Homeland Security (Secretary) reports to the 
President and is the Department of Homeland Security's (DHS or 
Department) top disaster official--yet emergency management is 
just one of the Secretary's many responsibilities. According to 
the current Secretary of Homeland Security's public statements, 
he is neither a hurricane expert nor does he have significant 
experience in disaster management. Consequently, during 
Hurricane Katrina, it appears that the President did not 
receive adequate advice and counsel from senior disaster 
professionals.
    The Committee seeks to ensure qualified oversight and 
management of the response to catastrophic incidents by 
elevating the Under Secretary to the status of a Cabinet 
Officer during the effective period of an Incident of National 
Significance declared by the Secretary pursuant to the National 
Response Plan (NRP). Notwithstanding any provision in the NRP 
or Homeland Security Presidential Directive 5 (HSPD-5 
``Directive on Management of Domestic Incident,'' February 28, 
2004), this section states that the Secretary, in coordination 
with the Under Secretary shall designate a Principal Federal 
Official for purposes of the NRP. Nothing in this section, 
however, shall be construed as affecting the authority of the 
Secretary under this Act.

Section 504. Regional Offices

    This section establishes Regional Offices of Emergency 
Management in each region of the United States. The head of 
each Regional Office shall be the Regional Director, who shall 
be appointed by the Secretary of Homeland Security (Secretary), 
in consultation with the State, local, and tribal governments 
in each region. Except during the effective period of an 
Incident of National Significance (INS) declared by the 
Secretary under the National Response Plan (NRP), each Regional 
Director shall report directly to the Under Secretary for 
Emergency Management (Under Secretary).
    This section requires each Regional Office to be staffed by 
a Deputy Regional Director, who shall report directly to the 
Regional Director for each respective Regional Office. Each 
Regional Director and Deputy Regional Director shall possess: 
(1) a demonstrated ability in and knowledge of emergency 
management; and (2) a familiarity with the region's 
geographical area and demographic characteristics.
    In carrying out the responsibilities of this section, each 
Regional Director must work in partnership with State, local, 
and tribal governments, emergency managers, emergency response 
providers, emergency support providers, medical providers, the 
private sector, non-governmental organizations, multi-
jurisdictional councils of government, and regional planning 
commissions and organizations. On a day-to-day basis, each 
Regional Director must, among other things: (1) ensure 
coordination and integration of regional preparedness and 
response activities, including planning, training, exercises, 
and professional development; (2) participate in regional 
preparedness activities; (3) help the region identify critical 
gaps in preparedness and critical infrastructure protection; 
(4) improve information sharing; (5) encourage public and 
community preparedness efforts; (6) assist in the development 
of regional capabilities needed for a national catastrophic 
response system; (7) pre-identify Joint Field Office locations; 
(8) identify critical gaps in regional capabilities for 
responding to the needs of at-risk communities; and (9) foster 
mutual aid.
    During the effective period of an INS, the Under Secretary 
may designate the Regional Director as the Principle Federal 
Official (PFO), or, as needed, the Federal Coordinating Officer 
(FCO) for the region. In addition to the PFO's or FCO's 
responsibilities under the NRP, the Regional Director shall: 
(1) establish and direct a Joint Field Office and any other 
coordination structure that is needed for such incident; (2) 
possess the authority to make any operational decisions 
necessary, within the law, without obtaining approval from 
headquarters; (3) coordinate and direct, as appropriate, 
Federal response assets deployed within the operational area; 
(4) serve as the primary point of contact between the 
Department of Homeland Security (DHS or Department), the 
Department of Defense, and the States for joint contingency 
planning; and (5) act as the Secretary's primary point of 
contact and provide local situational awareness. If the 
Regional Director is appointed to serve as the PFO or the FCO, 
the Deputy Regional Director shall assume the Regional 
Director's day-to-day responsibilities during that period of 
service.
    This section requires each Regional Director and Deputy 
Regional Director to complete PFO training and to undergo 
annual training with respect to the National Incident 
Management System (NIMS), NRP, and other subjects that 
complement their qualifications. Each Regional Director and 
Deputy Regional Director also must regularly participate in 
regional and national exercises.
    The Committee believes that regional preparedness is 
crucial to building a national response system that allows 
Federal, State, and local governments to work effectively 
together to ensure mission coordination during catastrophic 
incidents. Hurricanes Katrina and Rita, for example, exposed 
the insufficiency of the Federal Emergency Management Agency's 
(FEMA) relationship with State and local emergency managers and 
emergency response providers. Federal emergency managers and 
local officials were, in many instances, literally exchanging 
business cards at the scene of the catastrophe. This is simply 
unacceptable. The Regional offices, therefore, will provide 
State and local governments a single point of contact within 
the Department to avoid such problems in the future. Moreover, 
Regional officials who are steeped in the process of regional 
planning, training, and education will be well-versed in the 
specific needs of their respective regions.
    To assist the Regional Directors in carrying out these 
important missions, the bill creates new Regional Advisory 
Councils on Emergency Management (Regional Advisory Councils). 
The Regional Advisory Councils will be composed of emergency 
managers and emergency management experts appointed by Federal, 
State, and local governments. The Committee notes that the 
involvement of State and local officials and private-sector 
entities in a regional preparedness system ensures they are 
true partners in emergency management and homeland security.
    Specifically, each Regional Advisory Council will be 
composed of subject matter experts from all levels of 
government and the private sector, including (1) the 
Departments of Defense, Health and Human Services, and 
Transportation; (2) other components of the Department, 
including the United States Coast Guard, Customs and Border 
Protection, Immigration and Customs Enforcement, and the 
Transportation Security Administration; (3) other components of 
the Directorate of Emergency Management, including the Offices 
of Grants and Planning, Training and Exercises, Public and 
Community Preparedness, and Infrastructure Protection; (4) 
State, local, and tribal emergency managers, emergency response 
providers, and emergency response support providers; (5) 
private sector nongovernmental organizations, educational 
institutions, social action agencies, and faith-based 
organizations; and (6) State, local, and tribal officials. Each 
Member of the Regional Advisory Council shall serve a term of 
three years.
    The Regional Advisory Council shall meet at least 
biannually and advise the Regional Director on emergency 
management issues specific to that region, including any 
weaknesses or deficiencies in preparedness, mitigation, 
response, and recovery. It also directs the Regional Advisory 
Council to advise the Regional Director on developing a process 
for peer review of catastrophic emergency plans submitted under 
this section and to identify any characteristics unique to the 
region. The Regional Advisory Council is also directed to 
assist the Regional Director in establishing a process to 
secure goods and services through coordinated, pre-negotiated 
contracts by Federal, State, local, and tribal governments.

Section 505. Chief Medical Officer

    This section authorizes the activities of the Department of 
Homeland Security's (DHS or Department) recently created Chief 
Medical Officer (CMO). This section requires the CMO to be 
appointed by the President, by and with the advice and consent 
of the Senate. It also authorizes a Deputy CMO to assist the 
CMO in carrying out their responsibilities. Both the CMO and 
Deputy CMO shall possess demonstrated ability in, and knowledge 
of, medicine and public health.
    The CMO will have the primary responsibility within the 
Department for medical issues related to acts of terrorism, 
natural disasters, and other emergencies. Specifically, the 
CMO's responsibilities include: (1) serving as the Secretary of 
Homeland Security's (Secretary) principal advisor on medical 
and public health issues; (2) serving as the Department's 
primary point of contact with the other Federal Departments or 
agencies on medical and public health issues; (3) coordinating 
the Department's biosurveillance and detection activities; (4) 
ensuring internal and external coordination of the Department's 
medical preparedness and response activities; (5) developing 
and updating guidelines for State, local, and tribal 
governments for medical response plans for chemical, 
biological, radiological, nuclear, or explosive weapons 
attacks; (6) establishing doctrines and priorities for the 
National Disaster Medical System and the Metropolitan Medical 
Response System; and (7) developing, in consultation with the 
Secretary of Health and Human Services, appropriate patient 
tracking capabilities to execute domestic patient movement and 
evacuations, such as a system that has the capacity of 
electronically maintaining and transmitting the health 
information of hospital patients.
    This section also directs the CMO to establish a Long-Term 
Health Assessment Program to assess, monitor, and study the 
health and safety of emergency response providers and emergency 
response support providers following Incidents of National 
Significance (INS) declared by the Secretary under the National 
Response Plan. In carrying out this program, the CMO may enter 
into cooperative agreements with medical institutions in the 
affected INS areas.
    The CMO, as the focal point within the Department for 
medical issues related to acts of terrorism, natural disasters, 
or other emergencies, will ensure the Department possesses the 
understanding needed to oversee DHS's medical preparedness and 
response activities effectively, and coordinate appropriately 
with other Federal Departments and agencies on medical and 
public health matters. The CMO will play a critical role in 
preparing for a possible influenza pandemic and provide 
guidelines for medical response plans to State and local 
emergency response providers. The Committee recognizes that 
large scale emergencies pose a grave risk to our Nation's 
health and strongly believes that the Department needs 
dedicated staff to coordinate and integrate medical 
preparedness and response activities into overarching response 
plans. The CMO will provide on-site expertise to ensure 
effective DHS leadership on medical and public health emergency 
preparedness and response. The Committee urges the CMO to 
appoint an animal health expert to provide the Office with an 
understanding of the issues involved in the transmission of 
animal and plant diseases in agricultural communities and the 
protocols for the quarantine of animals and humans.

Section 506. National Biosurveillance Integration System

    This section codifies the currently existing National 
Biosurveillance Integration System (NBIS) overseen by the Chief 
Medical Officer (CMO). The NBIS will be a comprehensive system 
designed to integrate and fuse relevant surveillance data from 
public and private sources to rapidly recognize and 
characterize the dispersal of biological agents in human and 
animal populations, food, water, agriculture, and the 
environment. Creation of the NBIS will provide continuous bio-
situational awareness to enable the recognition of a biological 
incident, whether intentional or naturally occurring, at the 
earliest possible moment. Early recognition will enable a 
quicker, better targeted, and more effective response, and 
prevent unnecessary loss of life, economic losses, and social 
disruption. Such a system will be built upon and reinforce 
existing Federal, State, local, international, and private 
sector surveillance systems and will incorporate relevant 
threat analysis information from the Intelligence Community. 
The Department of Homeland Security (DHS or Department), in 
cooperation with other appropriate Federal departments and 
agencies, integrates these efforts and disseminates assessments 
to appropriate Federal, regional, State and local response 
entities to support decision-making.
    The Committee recognizes both the immense value in creating 
the Nation's first capability for comprehensive, integrated 
bio-surveillance situational awareness and the challenges 
associated with making this initiative a success. The 
effectiveness of NBIS in identifying a biological incident is 
limited by the quality and timeliness of the data it receives. 
Similarly, the effectiveness of NBIS as a decision-support tool 
for decision-makers and responders on the front lines depends 
on the extent and timeliness of the information NBIS 
disseminates. The Committee strongly encourages the CMO to 
establish relationships that will allow NBIS to engage in truly 
collaborative information sharing with information networks 
managed by the Under Secretary of Homeland Security for 
Intelligence and Analysis and others in the Intelligence 
Community, and all Federal, State, local, and private sector 
entities with biosurveillance activities and the responsibility 
to respond to an actual biological incident. To provide better 
situational awareness and decisionmaking support for potential 
biological incidents, it is important that surveillance data 
and intelligence assessments and analyses flow into NBIS and 
assessments and reports flow out to emergency responders.
    Due to the inherently valuable, but often sensitive and 
sometimes classified information contained in the surveillance 
data streams flowing into NBIS, especially data regarding human 
health, the Committee requires DHS to ensure that the NBIS 
information management system strictly adheres to all 
applicable privacy laws and regulations, and enforces access 
controls.
    This section also establishes the Joint Biosurveillance 
Leadership Council which will be made up of representatives 
from Federal agencies with biosurveillance programs. This 
Council will enhance the cooperation and information sharing 
that is essential to the functionality of NBIS and will also 
provide the CMO with recommendations on ways to improve NBIS 
performance. The Committee urges the CMO to employ personnel, 
as well as details from NBIS contributing Federal Agencies, 
that understand the nature of the information captured by the 
system, and have the capacity to operate information-merging 
and fusion applications to yield informed, useful, and 
actionable products. The Committee requires an annual report to 
focus on progress made in implementing NBIS and in overcoming 
its challenges.

Section 507. Office of State, Local, and Tribal Government Coordination

    This section authorizes, renames, and enhances the 
responsibilities of the currently existing Office of State and 
Local Government Coordination (Office). This section adds the 
word ``Tribal'' to the Office's name. This change underscores 
the importance of tribal governments to our Nation, and 
addresses the need to ensure more effective coordination with 
tribal governments.
    This section also strengthens the responsibilities of the 
Office's Director, particularly with respect to enhancing the 
Office's relationship with State, local, and tribal 
governments. Among other things, this section requires the 
Director to: (1) schedule regular meetings with representatives 
selected by State, local, and tribal governments; (2) develop a 
process for receiving their meaningful and timely input; (3) 
ensure the coordination of planning, reporting, and 
certification requirements imposed on State, local, and tribal 
governments by the Directorate of Emergency Management; and (4) 
identify duplicative reporting and certification requirements 
that should be eliminated, and determine whether some reports 
can be used or adapted to be used to satisfy multiple reporting 
obligations.

Section 508. Office of National Capital Region Coordination

    This section clarifies that the existing Office of National 
Capital Region Coordination (ONCRC) should enhance the National 
Capital Region's preparedness for all-hazards, not just 
terrorism. The Secretary of Homeland Security is required to 
appoint a Director for the ONCRC, who will report directly to 
the Under Secretary for Emergency Management.

Section 509. National Advisory Council on Emergency Management

    This section requires the Secretary of Homeland Security 
(Secretary) to establish an advisory body pursuant to section 
871(a) of the Homeland Security Act of 2002 (P.L. 107-296) for 
the purpose of assisting the Secretary in regularly reviewing, 
revising, or replacing the National Response Plan, the National 
Incident Management System, the National Preparedness Guidance, 
the National Preparedness Goal, the Target Capabilities List, 
the Universal Task List, the National Planning Scenarios, and 
the National Infrastructure Protection Plan.
    The Secretary, in appointing the members of this advisory 
body--to be known as the National Advisory Council on Emergency 
Management--should, to the greatest extent practicable, include 
a geographic (including urban and rural) and substantive cross 
section of emergency response providers, emergency support 
providers, emergency managers, and other experts from State, 
local, and tribal governments. The Secretary must coordinate 
with the Secretaries of Health and Human Services and 
Transportation to select health professionals, including 
emergency medical services professionals, to serve as Advisory 
Council members. The Departments of Homeland Security (DHS or 
Department), Health and Human Services, and Transportation 
shall have ex officio members.
    To achieve its advisory mission, the Advisory Council must 
submit a report for the Secretary's consideration within twelve 
(12) months of its establishment, and every two (2) years 
thereafter, on recommended ``essential capabilities'' for 
different types of communities. Among other things, the 
Advisory Council's report must include a priority ranking of 
essential capabilities and a methodology by which State, local, 
and tribal governments can determine whether they possess or 
have access to these essential capabilities.
    Emergency management and homeland security are national, 
not just Federal, missions. The Committee seeks to ensure that 
the Department relies on the expertise of State, local, and 
tribal officials and others who know their communities best and 
are ideally positioned to assist the Department in fulfilling 
its missions. The Committee also recognizes the immense value 
of private sector participation in preventing, preparing for, 
responding to, and recovering from acts of terrorism, natural 
disasters, and other emergencies, and strongly encourages the 
Department to coordinate with the private and non-governmental 
sectors to ensure adequate planning, equipment, training, and 
exercise activities, and to promote partnerships to address 
incident management capabilities.

Section 510. Reorganization of Directorate

    This section prohibits the Secretary of Homeland Security 
from allocating, reallocating, establishing, consolidating, 
altering, or discontinuing organizational units within the 
Directorate of Emergency Management under the authority of 
section 872 of the Homeland Security Act of 2002 (P.L. 107-296) 
until 120 days following the date on which the Secretary 
submits a report to Congress describing the proposed 
organizational changes.

                   SUBTITLE B--EMERGENCY PREPAREDNESS

Section 521. Office of Grants and Planning

    Together, this section and section 522 divide the 
Department of Homeland Security's (DHS or Department) existing 
Office of Grants and Training (G&T;) into separate offices--the 
Office of Grants and Planning (Office) and the Office of 
Training and Exercises. Specifically, this section transfers 
the grant and planning responsibilities of G&T; to the Office. 
The head of the Office will be the Assistant Secretary for 
Grants and Planning (Assistant Secretary), who shall be 
appointed by the President, by and with the advice and consent 
of the Senate. The Assistant Secretary will report directly to 
the Deputy Under Secretary for Preparedness and Mitigation.
    The Committee believes that overseeing Federal grants and 
planning programs are responsibilities that require specific 
attention and expertise. With more focused responsibilities, 
the Assistant Secretary will be able to more effectively ensure 
proper coordination of Federal homeland security assistance 
programs, establish incentives for the efficient administration 
of Federal homeland security assistance, evaluate the 
effectiveness of funded programs, and disseminate lessons 
learned with respect to their administration.
    This section directs the Assistant Secretary to: (1) 
oversee Federal homeland security assistance programs 
administered by the Department for acts of terrorism, natural 
disasters, and other emergencies; (2) establish incentives for 
the effective administration of such programs; (3) evaluate the 
effectiveness of funded Department programs; (4) provide 
technical assistance to State, local, and tribal governments on 
catastrophic planning; and (5) assess the effectiveness of 
preparedness capabilities at all levels of government.
    This section also directs the Assistant Secretary to review 
and revise on a periodic basis, but not less than biennially, 
and in consultation with the National Advisory Council under 
section 508, preparedness documents and capabilities-based 
planning tools related to catastrophic acts of terrorism, 
natural disasters, and other emergencies, including the 
National Preparedness Goal, the National Preparedness Guidance, 
the Targeted Capabilities List, the Universal Task List, the 
National Planning Scenarios, and any other documents or 
planning tool in support of Homeland Security Presidential 
Directive-8 (HSPD-8, ``National Preparedness,'' December 17, 
2003).

Section 522. Office of Training and Exercises

    This section transfers the training, exercises, and 
remedial action responsibilities of the Office of Grants and 
Training to the new Office of Training and Exercises (Office). 
An Assistant Secretary for Training and Exercises (Assistant 
Secretary), who shall be appointed by the President, by and 
with the advice and consent of the Senate, will head the 
Office. The Assistant Secretary shall report directly to the 
Deputy Under Secretary for Preparedness and Mitigation. With 
more focused responsibilities, the Assistant Secretary will be 
able to more effectively focus on designing, developing, 
performing, and evaluating training programs and exercises at 
all levels of government.
    Moreover, this section directs the Secretary of Homeland 
Security (Secretary), acting through the Assistant Secretary, 
to establish and administer a comprehensive National Exercise 
Program to conduct exercises that will enhance coordination for 
preparedness between all levels of government and be: (1) 
multi-disciplinary in nature; (2) as realistic as possible; (3) 
conducted with the minimum degree of notice; (4) evaluated 
against performance measures; (5) assessed to learn ``best 
practices'' and followed by ``corrective actions.'' As part of 
this exercise program, the Secretary must design and execute 
periodically, but not later than biennially, two different 
types of national level exercises involving high-ranking 
officials. The first will test and evaluate our Nation's 
readiness to respond to catastrophic acts of terrorism, natural 
disasters, and other emergencies. The second will test and 
evaluate our Nation's capability to detect, disrupt, and 
prevent threatened or actual catastrophic acts of terrorism, 
especially those involving weapons of mass destruction.
    This section directs the Secretary, acting through the 
Assistant Secretary, to establish and administer a National 
Training Program for the purpose of enhancing the capabilities 
of the Nation's emergency response providers to prevent, 
prepare for, respond to, mitigate against, and recover from 
threatened or actual acts of terrorism, natural disasters, and 
other emergencies. The training program must be designed to 
reach multiple disciplines and utilize multiple training 
mediums and methods, including direct delivery, train-the-
trainer, computers, and video teleconferencing. This program 
must be evaluated against clear, consistent performance 
measures and, to the maximum extent practicable, utilize 
existing State, regional, and tribal training institutions. 
Additionally, with respect to both the training and exercise 
programs, the Secretary must ensure that they are consistent 
with, and support implementation of, the NIMS, the NRP, the 
National Infrastructure Protection Plan, and other such 
National emergency management initiatives.
    It is essential to ensure that the Department of Homeland 
Security (Department) correct the problems that plague its 
training, exercises, and lessons learned programs. Therefore, 
this section establishes a Remedial Action Management Program 
to: (1) identify and analyze training, exercises, and real-
world events for lessons learned and best practices; (2) 
disseminate the lessons learned and best practices; (3) monitor 
the implementation of those lessons learned and best practices; 
(4) conduct remedial action tracking and long-term trend 
analysis; and (5) certify that recipients of Federal homeland 
security assistance have implemented the lessons learned and 
best practices as appropriate.
    This section establishes a new National Exercise Simulation 
Center to prepare elected officials, emergency response 
providers, and emergency response support providers at all 
levels of government to operate cohesively, provide a learning 
environment for all Federal homeland security personnel, assist 
in the development of operational procedures, and allow 
incident commanders to exercise decisionmaking in a simulated 
environment. Consistent with Homeland Security Presidential 
Directive-8 (HSPD-8, ``National Preparedness,'' December 17, 
2003), the Committee stresses the importance of establishing a 
robust program of exercises at all levels of government and 
across all disciplines that include intelligence-driven, 
threat-based scenarios that stress the national preparedness 
system.
    Finally, this section transfers the Noble Training Center 
to the Center for Domestic Preparedness. The Committee 
recognizes that the Noble Training Center and the Center for 
Domestic Preparedness are organizationally located within the 
Directorate for Emergency Management, as well as physically 
located one mile apart at the former Ft. McClellan Army Base in 
Anniston, Alabama. The Committee notes that merging the Noble 
Training Center with the Center for Domestic Preparedness will 
strengthen training for emergency response providers by 
leveraging training curricula, trainers, facilities, and 
management. The Committee also expects the merger to result in 
operational efficiencies and cost-savings. The section 
specifically provides that the Center for Domestic Preparedness 
will integrate the Noble Training Center into the Center for 
Domestic Preparedness' program structure.
    The Committee firmly believes that the Department needs to 
revamp and reorganize its activities and programs related to 
emergency response provider exercises, training, and best 
practices. It is well established that Federal, State, and 
local elected officials and others were neither trained to nor 
capable of responding effectively to catastrophic incidents. 
Indeed, lessons learned from prior exercises such as 
``Hurricane Pam,'' conducted in New Orleans, Louisiana, were 
not effectively implemented. As a result, the response to 
Hurricane Katrina demonstrated a lack of familiarity with basic 
concepts, such as incident command as well as Federal, State, 
and local response plans. The Committee's decision to establish 
an office dedicated solely to exercises, training, and remedial 
action should enable the Department to design and implement 
more effective programs in these areas.

Section 523. Essential Capabilities

    This section requires the Secretary of Homeland Security 
(Secretary), acting through the Assistant Secretary for Grants 
and Planning, to regularly update, revise, and replace 
essential capabilities for State, local, and tribal government 
emergency preparedness. Essential capabilities shall 
specifically describe the planning, training, personnel, and 
equipment that State, local, and tribal governments should 
possess or have access to in order to effectively and 
efficiently prevent, prepare for, respond to, mitigate against, 
and recover from acts of terrorism, natural disasters, and 
other emergencies. In doing so, the Secretary must consult with 
the National Advisory Council on Emergency Management 
established by Section 508, other components of the Department, 
including the Under Secretary for Science and Technology, the 
Chief Intelligence Officer, the Assistant Secretary for 
Infrastructure Protection, and the Assistant Secretary for 
Policy, the Secretary for Health and Human Services, and other 
appropriate Federal Departments and agencies, State, local, and 
tribal emergency response providers and emergency response 
support providers, and State and local prevention and emergency 
management officials, including Adjutants General and Sheriffs.
    In updating, revising, or replacing these essential 
capabilities, this section directs the Secretary to 
specifically consider the variables of threat, vulnerability, 
and consequences to specific: populations (including transient 
commuting and tourist populations), areas of high population 
density, critical infrastructure, coastline, and international 
borders. This section further requires the Secretary to 
promptly provide a report containing a detailed description of 
essential capabilities to State, local, and tribal governments 
and Congress.
    The Committee recognizes that different types of 
communities require different baseline needs and priorities. 
The establishment of essential capabilities for emergency 
preparedness will assist a community in making the 
determination of what planning, training, equipment, and other 
capabilities it requires to respond effectively to the specific 
risks that it faces. Moreover, the Committee values the input 
and expertise of emergency response providers, emergency 
support providers, emergency managers, and other experts from 
State, local, and tribal governments. The Committee believes 
these entities have the requisite knowledge and are best 
positioned to inform the process during the establishment of 
these baseline capabilities for their local communities.

Section 524. Catastrophic Planning

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Assistant Secretary for Grants 
and Planning, to require State and urban areas applying for 
Federal homeland security financial assistance administered by 
the Department of Homeland Security (DHS or Department) to 
update and implement catastrophic emergency plans as a 
condition of funding. Such plans shall describe, among other 
things: (1) the procedures for evacuation and sheltering in 
place for the general population; (2) the procedures in place 
to address the pre-positioning of food, medical, and fuel 
supplies; (3) regional planning and mutual aid agreements; (4) 
the procedures for evacuation and sheltering in place for 
populations with special needs, including persons with 
disabilities, health problems, and language barriers, children, 
and individuals with pets, service animals, or farm animals; 
(4) sheltering options for displaced populations; (5) the 
adequacy of delivery networks for critical services and 
supplies; (6) procedures and policies for the continuity of 
essential services; and (7) search and rescue procedures for 
populations with special needs.
    This section also requires each State and urban area to 
exercise their emergency plans. The plans also must be 
consistent with, and support implementation of, State and urban 
area homeland security plans or strategies, the National 
Incident Management System, the National Response Plan, the 
National Preparedness Goal, and other such national 
initiatives. In developing their plans, States and urban areas 
must consult with local governments and a geographic and 
substantive cross section of emergency managers, emergency 
response providers, and emergency support providers within the 
relevant State or urban area.
    This section directs each Regional Director for Emergency 
Management to develop a process of peer review for any 
catastrophic emergency plan submitted by a State or urban area 
within the geographical area of the Regional Offices. Each 
Regional Director must submit a peer review plan to the 
National Advisory Council on Emergency Management, created 
under section 509, for review and approval.
    Finally, this section directs the Secretary, acting through 
the Assistant Secretary for Training and Exercises, to develop 
a lessons learned and remedial action strategy for catastrophic 
planning.

Section 525. System Assessment and Validation for Emergency Responders 
        Program

    This section authorizes the Secretary of Homeland Security, 
acting through the Under Secretary for Emergency Management, to 
establish the System Assessment and Validation for Emergency 
Responders (SAVER) Program to provide the emergency response 
community with high quality, impartial, and operationally 
relevant evaluations and validations of critical emergency 
response provider-related equipment and systems in an 
operationally useful form. These assessments and validations 
must: (1) include commercial, off-the-shelf emergency response 
provider equipment and systems in all Interagency Board for 
Equipment Standardization and Interoperability equipment list 
categories; (2) provide information that enables decision-
makers and emergency response providers to better select, 
procure, use, and maintain emergency response provider 
equipment; (3) provide information and feedback to the user 
community through a well-maintained database; and (4) utilize 
multiple evaluation techniques.
    The Committee supports the SAVER Program and its efforts to 
help State, local, and tribal emergency response providers, who 
often face a wide range of confusing options when selecting 
emergency equipment.

Section 526. Homeland Security Education Program

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Assistant Secretary for 
Training and Exercises, to establish a graduate-level Homeland 
Security Education Program (Program) in the National Capital 
Region.
    The Committee finds that important unmet requirements exist 
in the National Capital Region for graduate-level education to 
prepare government officials in senior homeland security, 
emergency management, and counterterrorism assignments at the 
Federal, State, tribal, and local levels. The Committee further 
notes that the Department of Homeland Security (DHS or 
Department) has already funded the development of a Department-
reviewed Master's Degree curriculum in homeland security, which 
currently is being implemented outside the National Capital 
Region.
    This section, therefore, directs DHS to leverage this 
proven, Department-approved Master of Arts curriculum, and 
utilize the expertise of the institutions already delivering 
this curriculum to maximize efficiency and effectiveness in the 
Program's development and execution. Such leveraging will 
include the use of existing learning materials, quality 
assessment tools, digital libraries, exercise programs, and 
other curriculum components.
    This section authorizes the Under Secretary of Emergency 
Management (Under Secretary) to designate students, who are 
officials from Federal, State, tribal, and local governments, 
as well as from other sources designated by the Under 
Secretary. The Under Secretary shall also establish policies 
governing student enrollment and selection criteria, consistent 
with the Program's mission. In doing so, the Under Secretary 
shall take reasonable steps to ensure diversity among the 
student body.
    The Committee intends that students in the Program will 
continue to serve in their public sector capacity for at least 
two years after receiving training through the Program. If an 
official who completes training separates from his or her 
agency position prior to the two-year period, that official 
would be required to reimburse the Government on a pro rata 
basis for the expenses incurred for the time remaining in the 
two-year period. Appropriate exemptions are included in this 
subsection.
    The Committee believes the Under Secretary should be 
responsible for specifying the Program's curriculum 
requirements. The Committee also expects the Under Secretary to 
establish appropriate policies governing the recruitment and 
governance of the Program's faculty, and for the identification 
of leadership positions within the Program necessary for its 
management. In establishing the Program's staffing and 
governance policies, the Under Secretary shall, to the maximum 
extent possible, leverage the faculty and collaborative 
governance arrangements already established between existing 
DHS-sponsored Master's Degree graduate education and training 
programs.

Section 527. Office of Public and Community Preparedness

    This section establishes the Office of Public and Community 
Preparedness (Office). The head of the Office shall be the 
Director for Public and Community Preparedness, who shall be 
appointed by the Secretary and report directly to the Assistant 
Secretary for Grants and Planning.
    This section directs the Secretary of Homeland Security to 
consolidate the Department's various public and community 
preparedness activities and programs into the Office, 
including: (1) the component programs of Citizen Corps--such as 
Community Emergency Response Teams, Fire Corps, Volunteers in 
Police Service, USA on Watch, and the Medical Reserve Corps; 
and (2) the Office of Public Affair's internet website known as 
Ready.gov. It also authorizes the National Citizen Corp Council 
to ensure and facilitate collaboration in support of the 
Citizen Corps Program. The Council will be composed of national 
leaders of organizations representing emergency response 
providers, emergency response support providers, community and 
volunteer service providers, and the private sector.
    The Committee strongly agrees with the notion that disaster 
preparedness begins with the public. Indeed, grassroots 
preparedness should be the cornerstone of the national effort. 
However, the Committee also recognizes that many citizens are 
unsure of what they can, and should, do to prepare themselves 
and their families for catastrophic acts of terrorism, natural 
disasters, and other emergencies. The Committee, therefore, 
considers it imperative to better educate, inform, and engage 
the public on this front.
    The Committee also notes that individuals with 
disabilities, health problems, language and income barriers, 
the elderly, children, and individuals with pets or other 
animals often face unique preparedness challenges. Thus, this 
section requires the Director to establish specialized programs 
to assist these particular populations prepare for catastrophic 
events.

                     SUBTITLE C--EMERGENCY RESPONSE

Section 541. NIMS and NRP Integration Center

    This section authorizes the National Incident Management 
System and National Response Plan Integration Center (NIC) and 
delegates it formal responsibility for the ongoing management 
and maintenance of both the National Response Plan (NRP) and 
the National Incident Management System (NIMS).
    In an effort to coordinate all possible responding agencies 
in the event of an act of terrorism, natural disaster, or other 
emergency, President Bush issued Homeland Security Presidential 
Directive 5 (HSPD-5, ``Directive on Management of Domestic 
Incidents,'' February 28, 2003). In HSPD-5, the President 
directed the Department of Homeland Security (DHS or the 
Department) to create the NRP and NIMS to provide a consistent 
nationwide framework for Federal, State, and local governments 
to work effectively and efficiently together to manage domestic 
incidents, regardless of their cause. Specifically, the 
Department released NIMS in March 2004. NIMS provides a 
consistent nationwide framework for Federal, State, tribal, and 
local governments and private sector and nongovernmental 
organizations to work together to prevent, prepare for, respond 
to, and recover from domestic incidents, regardless of cause, 
size, or complexity, including acts of catastrophic terrorism. 
DHS released the NRP in December 2004. The NRP is an all-
discipline, all-hazards plan that provides the structure and 
mechanisms for coordinating Federal support to State and local 
government during an Incident of National Significance (INS).
    This section requires the Director of the NIC, in 
consultation with the Assistant Secretary for Grants and 
Planning and with the National Advisory Council on Emergency 
Management, to revise the NRP and NIMS, to: (1) clarify the 
roles of the Principal Federal Office and the Federal 
Coordinating Officer; (2) establish an Emergency Support 
Function (ESF) for Volunteers and Donations under the NRP; (3) 
realign the ESFs of the NRP to ensure consistency with NIMS; 
(4) develop doctrines and procedures for the management of 
multi-State emergencies; (5) finalize and release the 
Catastrophic Incident Supplement (CIS) to the NRP; and (6) 
improve the utilization of Federal, State, local, and tribal 
capabilities and equipment.
    This section requires the NIC Director to: (1) develop a 
national program for NIMS and NRP education and awareness; (2) 
develop performance measures and assessment criteria for NIMS 
and NRP components, and compliance requirements and timelines 
for implementation by Federal, State, local, and tribal 
governments; (3) define general training requirements and 
national-level training standards; (4) facilitate the 
development of national voluntary consensus standards and 
guidelines for incident management training and exercises; (5) 
facilitate the development and publication of those national 
standards for the qualification and certification of emergency 
responder and incident management personnel; and (6) accelerate 
the credentialing and resource-typing processes. Finally, this 
section also directs the Director to establish a peer review 
process for State and local NIMS compliance certifications to 
verify the satisfaction of training, planning, exercising, and 
other metrics.
    The Committee notes that Hurricane Katrina exposed numerous 
deficiencies in the existing national framework for emergency 
management, including specific mistakes that delayed an 
appropriate Federal response. Confusion accompanied the 
implementation of the NRP, causing key elements of the plan to 
be executed late, ineffectively, or not at all. According to 
media reports following Hurricane Katrina, Federal, State, and 
local emergency responders assisting officials in Louisiana 
experienced extreme difficulty with incident command, control, 
and communications. The apparent lack of unified command during 
the response to Hurricane Katrina raises questions about our 
Nation's progress in implementing NIMS. Consistent with HSPD-5, 
the Committee seeks to provide greater strategic direction for 
the NIC in its long term oversight and continuous refinement of 
its components and of the NRP and NIMS.
    Furthermore, Hurricane Katrina confirmed that the standard 
``reactive'' nature of Federal assistance, while appropriate in 
most disasters, is insufficient during disasters of 
catastrophic proportions. When State and local governments are 
functionally overwhelmed or incapacitated, the Federal 
government must be prepared to respond proactively. The 
Committee notes that the CIS to the NRP is intended to address 
such a scenario, but the CIS was in draft form at the time 
Hurricane Katrina made landfall, and, therefore, was not 
invoked. The Committee considers it imperative that the 
Secretary clarify, finalize, and release the CIS, including the 
circumstances in which it is appropriate for the Federal 
government to push resources into an affected area to 
accelerate assistance to overwhelmed States and localities 
absent a State request.
    The Committee believes it is vital to establish an 
Emergency Support Function dedicated to Volunteers and 
Donations for the purpose of developing a robust, coordinated 
volunteer management and donations system. The Committee notes 
that, in the immediate aftermath of Hurricane Katrina, there 
was a lack of effective coordination between non-governmental 
organizations and Federal, State, and local emergency 
management officials. As a result, many charities and 
organizations were inundated with offers of aid but were unable 
to adequately respond to demands and direct offers of 
assistance, or to inform volunteers about appropriate disaster 
response opportunities.

Section 542. Use of National Private Sector Networks in Emergency 
        Response

    This section directs the Secretary of Homeland Security, 
where applicable, to use private sector networks and 
infrastructure for emergency response to acts of terrorism, 
natural disasters, and other emergencies. This section restates 
a provision of Title V of the Homeland Security Act of 2002 
(P.L. 107-296), with minor technical changes to include natural 
disasters, not just acts of terrorism, in order to reflect the 
all-hazards responsibilities of the Department of Homeland 
Security.

Section 543. Nuclear Incident Response

    This section restates a provision of Title V of the 
Homeland Security Act of 2002 (P.L. 107-296) with minor 
technical changes. Specifically, it gives the Secretary of 
Homeland Security authority to direct and control the Nuclear 
Incident Response Team (NIRT) in connection with acts of 
terrorism, natural disasters, and other emergencies. This 
section also directs the Secretary to establish performance 
standards for the NIRT and to conduct training and exercises.

Section 544. National Urban Search and Rescue Response System

    This section authorizes the currently existing, but 
unauthorized, National Urban Search and Rescue Response System. 
This system 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. Specifically, this section 
directs the Under Secretary for Emergency Management (Under 
Secretary) to select and designate State and local government-
sponsored urban search and rescue teams to participate as task 
forces. This section directs the Under Secretary to establish 
and maintain an advisory committee to provide expert 
recommendations with respect to administering the System. This 
section authorizes $40 million for each of the Fiscal Years 
2007 to 2009 and such sums as may be necessary thereafter.
    During Hurricane Katrina, Urban Search and Rescue (US&R;) 
teams performed exceptionally well, ultimately rescuing over 
6,500 people. The Committee recognizes the value of these teams 
and seeks to ensure that they receive proper guidance and are 
adequately trained and equipped to maximize their effectiveness 
and meet the demands of their mission. The Committee also notes 
that privately employed and qualified personnel affiliated with 
US&R; teams make valuable contributions to the effectiveness of 
US&R; teams. These individuals, including doctors, engineers, 
and canine handlers, should not be excluded from the makeup of 
a US&R; team under this section.

Section 545. Metropolitan Medical Response System

    This section authorizes the currently existing, but 
unauthorized, Metropolitan Medical Response System (MMRS). It 
directs the Assistant Secretary for Grants and Planning to 
administer grants to develop, maintain, and enhance medical 
preparedness and response systems to ensure they are capable of 
responding effectively during the initial hours of a public 
health crisis or mass-casualty event. Grant recipients may use 
funds to enhance their medical preparedness and response 
capabilities, such as, medical surge capacity; mass 
prophylaxis; chemical, biological, radiological, nuclear, and 
explosive detection, response, and decontamination 
capabilities; triage and pre-hospital treatment; medical supply 
management and distribution; and fatality management. This 
section authorizes $60 million in funds for each of the fiscal 
years 2007 through 2010. This amount would double the funding 
this important program has received in recent fiscal years.
    The increased funding for the MMRS program will enable 
jurisdictions to achieve an enhanced capability to respond to 
weapons of mass destruction mass casualty events during the 
first hours so crucial to lifesaving and population protection 
until significant external assistance can arrive. In light of 
the risks posed by a possible H5N1 pandemic influenza and other 
bio-hazards, the Committee believes it is imperative that the 
system is properly funded and maintains adequate resources.

Section 546. Emergency Management Assistance Compact Authorization

    This section directs the Secretary of Homeland Security, 
acting through the Under Secretary for Emergency Management, to 
make grants for the purpose of administering the Emergency 
Management Assistance Compact (EMAC). Such grants may be used 
to carry out recommendations identified in the after-action 
reports for the 2004 and 2005 hurricane seasons and to 
coordinate Federal, State, and local government participation 
in the EMAC.
    The Committee recognizes the immense value of EMAC. EMAC is 
a Congressionally ratified organization that provides form and 
structure to interstate mutual aid. Through EMAC, a disaster 
impacted State can request and receive assistance from other 
member States quickly and efficiently, and resolve upfront the 
two key issues of liability and reimbursement. EMAC serves as a 
critical part of the national emergency management framework 
and deserves praise for its operations during Hurricanes 
Katrina and Rita. EMAC successfully provided unprecedented 
levels of response and recovery personnel and assets to the 
Gulf Coast in record time. Therefore, the Committee believes 
that EMAC should be supported and given additional resources to 
maximize its effectiveness and implement lessons learned.

                  SUBTITLE D--EMERGENCY COMMUNICATIONS

Section 561. Office of Emergency Communications

    This section establishes an Office of Emergency 
Communications (Office) within the Department of Homeland 
Security (DHS or Department). The head of this new Office is 
the Assistant Secretary for Emergency Communications (Assistant 
Secretary), who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Assistant 
Secretary shall report directly to the Under Secretary for 
Emergency Management (Under Secretary).
    The Assistant Secretary will be responsible for, among 
other things: (1) assisting the Secretary in developing and 
implementing the interoperable emergency communications program 
described in section 7303(a)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (P.L. 108-458); (2) 
administering the Wireless Public Safety Interoperable 
Communications (SAFECOM) Program, the Department's 
responsibilities related to the Integrated Wireless Network, 
and the Interoperable Communications Technical Assistance 
Program; (3) coordinating with the Assistant Secretary for 
Cybersecurity and Telecommunications regarding the 
administration of the National Communications System; (4) 
fostering the development of interoperable emergency 
communications capabilities by State, local, tribal, and public 
safety agencies; (5) promoting the development of standard 
operating procedures for the use of emergency communications 
for incident response; (6) coordinating the establishment of a 
national response capability to deploy backup communications 
services in the event of an inoperable environment; (7) 
establishing requirements for total and nonproprietary 
interoperable emergency communications capabilities for all 
public safety radio and data communications systems and 
equipment; (8) helping establish an integrated national public 
alert and warning system; and (9) reviewing Statewide and 
tactical interoperability plans.
    This section directs the Assistant Secretary to coordinate, 
as appropriate, with the Director of the Office of 
Interoperability and Compatibility with respect to the 
development of interoperability standards and research, 
development, testing, and evaluation of emergency 
communications equipment. This section also requires the 
Secretary to report to Congress, not later than 60 days after 
enactment, on the resources and staff necessary to carry out 
the responsibilities of this subtitle. The Government 
Accountability Office (GAO) shall review the validity of the 
report on adequate staffing and resources submitted by the 
Secretary and submit the findings of its review to Congress.
    The Committee strongly believes that the Department needs 
to elevate the importance of emergency communications, 
consolidate the Department's disparate emergency communications 
activities and programs, and designate a single person to be 
accountable for progress in this area. Currently, the 
Department's principal office for emergency communications, the 
Office of Interoperability and Compatibility (OIC), is buried 
within the Office of Systems Engineering and Development, which 
is located in the Directorate of Science and Technology (S&T;). 
Much of what OIC does, such as certifying all DHS 
interoperability programs, overseeing the development and 
implementation of technical assistance for public safety 
interoperability, and coordinating interoperability grant 
guidance, is not related whatsoever to the core mission of the 
S&T; Directorate.
    Moreover, given that strengthening emergency communications 
capabilities is one of our Nation's top priorities under the 
National Preparedness Goal and that State and local governments 
have spent billions in DHS funds on interoperable emergency 
communications capabilities, the Committee is disappointed that 
the Department has not given the issue more prominence or 
attention. Effective communication is essential to our Nation's 
emergency response providers' ability to protect and preserve 
life, property, and natural resources and to manage a crisis, 
regardless of its cause, scope, or severity. Without the 
ability to communicate and obtain timely and reliable 
information, our Nation's emergency response providers, 
emergency support providers, and government officials simply 
cannot fulfill their assigned responsibilities.

Section 562. National Emergency Communications Strategy

    This section directs the Secretary of Homeland Security, 
acting through the Assistant Secretary for Emergency 
Communications and in cooperation with other Federal 
Departments and agencies, State, local, and tribal governments, 
emergency managers, emergency response providers, emergency 
response support providers, and the private sector, to develop 
a National Emergency Communications Strategy (National 
Strategy).
    This National Strategy must include a national 
interoperable emergency communications inventory that 
identifies the channels and frequencies used by each Federal 
Department and agency, identifies the interoperable emergency 
communications systems in use for public safety, and lists the 
public safety mutual aid channels in operation and their 
ability to connect to interoperable communications systems. The 
National Strategy must also identify a process for expediting 
the promulgation of national voluntary consensus standards, 
determine the appropriate interoperable communications 
capabilities necessary for intergovernmental operations, 
address both short-term and long-term solutions for achieving 
intergovernmental interoperability, identify obstacles to 
achieving interoperable emergency communications, and set goals 
and establish timeframes for achieving interoperability.
    The Committee urges the Secretary to complete the National 
Strategy as soon as possible. The absence of a framework that 
ensures emergency response providers can communicate with each 
other on demand, in real time, has hampered our Nation's 
ability to organize and prioritize our investments of time and 
money, and connect various Federal, State, regional, and local 
plans and architectures. Given the vast amount of time and 
money the Federal government has already committed to solving 
the problem of public safety emergency communications, it is 
simply inconceivable that there is still no basic blueprint, 
similar to the National Strategy to Secure Cyberspace, 
providing direction to Federal Departments and agencies for 
coordinating and focusing efforts at all levels of government 
and the private sector.

Section 563. Assessments and reports

    This section requires the Secretary of Homeland Security 
(Secretary), acting through the Assistant Secretary for 
Emergency Communications, to conduct nationwide baseline 
operability and interoperability assessments. The assessment 
shall be provided not later than one year after enactment, and 
not less than every 5 years thereafter, and shall: (1) define 
the range of needed interoperable emergency communications 
capabilities; (2) assess current capabilities; and (3) identify 
the gap between current capabilities and defined requirements. 
Not later than one year after the date of enactment, and 
annually thereafter, the Secretary must submit a report to 
Congress documenting the Department of Homeland Security's (DHS 
or Department) progress toward implementing and achieving the 
goals set forth in this subtitle, including: (1) the degree to 
which interoperable communications has been achieved to date 
and the needs that remain for interoperability to be achieved; 
(2) the ability of communities to achieve and maintain 
emergency communications during emergencies; (3) a list of best 
practices among communities for providing and maintaining such 
communication; and (4) the feasibility of developing a readily-
deployable, mobile emergency communications capability within 
the Department to support State, local, and tribal governments. 
Additionally, this section requires the Department to monitor 
and report regularly on the progress and developments toward 
achieving and maintaining operable and interoperable emergency 
communications.
    The Committee believes it is imperative for the Office of 
Emergency Communication to get a ``snapshot'' of the state of 
operability and interoperability across the Nation in order to 
properly develop and implement a comprehensive emergency 
communications plan. The Committee also notes that the Wireless 
Public Safety Interoperable Communications (SAFECOM) Program 
initiated a National Interoperability Baseline Study in January 
2005. Although the Committee supports this survey, which will 
provide a statistically significant, quantitative measurement 
of communities' progress developing emergency communications, 
it is not as comprehensive as the one authorized in this 
section.

Section 564. Coordination of Federal Emergency Communications grant 
        programs

    This section directs the Secretary of Homeland Security, 
acting through the Assistant Secretary for Emergency 
Communications, to assess Federal grants and standards programs 
managed by other Federal Departments and agencies to: (1) 
better integrate and coordinate Federal grant guidelines; (2) 
ensure conformity of all guidelines with the mission of the 
Office of Emergency Communications; and (3) ensure conformity 
among Federal programs with the goals and objectives identified 
in the National Emergency Communications Strategy under section 
562.
    The section also prohibits State, local, and tribal 
governments from using Federal homeland security assistance 
administered by the Department of Homeland Security (DHS or 
Department) for purposes of achieving, maintaining, or 
enhancing interoperable emergency communications in two 
situations. First, no funding may be used to purchase emergency 
communications equipment if States have not complied with the 
requirement of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (P.L. 108-458) to submit Statewide Interoperable 
Communications Plans. Second, no funding may be used if, within 
three years after the date of enactment of this section, 
national voluntary consensus standards for interoperable 
emergency communications have not been developed or 
promulgated. In that instance, this section directs the 
Secretary, in coordination with other Federal departments and 
agencies with responsibilities for standards, to develop, 
promulgate, and revise such national voluntary consensus 
standards within four years of the date of enactment.
    This section also transfers responsibility for 
administrating the $1 billion interoperability grant program 
from the National Telecommunications and Information 
Administration (NTIA) at the Department of Commerce to the 
Office of Emergency Communications. The Committee notes that 
NTIA lacks the Department's experience in administering grants 
to State and local governments. Indeed, NTIA has never 
administered grants for interoperability, let alone any grants 
for emergency response providers. Rather, NTIA manages the 
Federal use of spectrum, performs telecommunications research 
and engineering, and resolves technical issues for the Federal 
government and the private sector. The Department of Homeland 
Security (DHS), which administers billions of dollars in 
grants, clearly possesses the policy expertise and legal 
authorities necessary to administer this program. Thus, DHS, 
not NTIA, should be responsible to award these funds.

Section 565. Regional Emergency Communications Coordination

    This section requires the Department of Homeland Security 
(DHS or Department) to establish Regional Emergency 
Communications Coordination Working Groups (Working Groups) in 
each of the Regional Offices created by section 504. Each 
Working Group will include subject matter experts, including 
representatives from State and local governments, fire, and 911 
services, and police, communications equipment vendors, 
hospitals, utilities, local exchange carriers, broadcast media, 
wireless carriers, satellite communications services, emergency 
evacuation transit services, and emergency managers.
    This section directs Working Groups to address a variety of 
issues, including: the (1) operability of regional 
communications structures and systems; (2) status of the region 
in developing and building out a sustainable interoperable 
voice and data emergency communications network; and (3) 
viability of establishing regional, multi-jurisdictional, 
multi-agency emergency communications network for use during 
acts of terrorism, natural disasters, and other emergencies. 
The Working Groups would report to the Assistant Secretary for 
Emergency Communications on their respective regions' status in 
building a robust and sustainable interoperable voice and data 
emergency communications network and on their respective 
regions' progress toward meeting the goals of the National 
Emergency Communications Strategy.
    The Committee strongly encourages the Department to work 
with a wide range of experts to ensure that each region has the 
ability to communicate during an act of terrorism, natural 
disaster, or other emergency. A number of regions have existing 
coordinating structures, pursuant to their State plans, and 
have had great success in achieving interoperability at the 
local level. The Committee believes that the Department would 
benefit by more effectively tapping into the expertise of State 
and local government agencies, which, incidentally, carry the 
vast majority of the financial burden of investing and 
deploying sound interoperable emergency communication systems 
and capabilities.

Section 566. Emergency Communications Preparedness Center

    This section directs the Secretary of Homeland Security 
(Secretary), acting in consultation with the Secretaries of 
Commerce and Defense, the Attorney General, the Chairman of the 
Federal Communications Commission, and the heads of other 
appropriate Federal departments and agencies, to establish, and 
jointly operate, an Emergency Communications Preparedness 
Center (Center). The Secretary will serve as the chair of the 
Center, which shall be governed by a Memorandum of 
Understanding to be negotiated between the relevant departments 
and agencies. The Center will, among other things: (1) serve as 
the focal point for Federal interagency efforts on public 
safety emergency communications; (2) act as a clearinghouse for 
the Federal government's efforts to achieve nationwide 
interoperable communications; and (3) ensure cooperation among 
the relevant Federal departments and agencies to implement the 
goals of the National Emergency Communications Strategy; and 
(4) prepare and submit to Congress, on an annual basis, a 
strategic assessment of the Federal departments' and agencies' 
activities to implement the recommendations of the National 
Strategy.
    The Departments of Homeland Security, Justice, Defense, and 
Commerce and the Federal Communications Commission are just a 
few of the Federal departments and agencies that administer 
programs related to emergency communications. Given the 
critical importance of the issue and the apparent lack of 
cooperation and coordination between these Federal departments 
and agencies, the Committee firmly believes that the Center 
will serve as an important forum to facilitate more effective 
interagency efforts.

Section 567. Urban and other high risk area communications capabilities

    This section restates a provision from current law as 
reflected in Title V of the Homeland Security Act of 2002 
(Public Law 107-296), which was established by section 7303(d) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(P.L. 108-458). The Committee strongly supports the Department 
of Homeland Security's efforts to improve emergency 
communications in urban and other high risk areas.

Section 568. Integrated National Alert and Warning System

    This section directs the Secretary of Homeland Security, 
acting through the Assistant Secretary for Emergency 
Communications, and in coordination with the head of any 
Federal Department or agency that possesses or acquires public 
alert and warning capabilities, to develop, manage, operate, 
and coordinate an Integrated National Public Alert and Warning 
System (System). This section requires the System to be 
operational within three years of enactment.
    This section requires the System to, among other things: 
(1) complement and provide interoperability with State, local, 
and tribal public warning systems; (2) provide standard 
protocols for interoperability among multiple technologies; (3) 
carry all-hazards alert and warning messages; (4) incorporate 
technologies and systems to ensure effective alerts and 
warnings for people with disabilities and non-English speakers; 
(5) develop public-private partnerships to leverage government 
and industry needs, capabilities, and resources necessary to 
deliver effective warnings; and (6) promulgate rules and 
regulations necessary to manage and operate the System. The 
Secretary must develop an implementation plan within 180 days 
of enactment.
    The Committee is concerned with our Nation's lack of a 
comprehensive, all-hazards emergency alert and warning system. 
Indeed, Federal departments and agencies currently administer 
at least seven different emergency alert and warning systems 
intended to notify the public, Federal officials, and State and 
local authorities of imminent danger to public health and 
safety. These existing systems have failed to utilize advanced 
technology to effectively leverage government and industry 
needs, capabilities, and resources. In addition, these systems 
are simultaneously over-inclusive and under-inclusive, lack 
interoperability, and have insufficient standards, protocols, 
and procedures for developing and issuing warnings.
    The Committee notes that the effectiveness of these systems 
is further hindered because no single Federal department or 
agency hast primary responsibility for coordinating the Federal 
role related to all types of emergency alerts and warnings. 
Instead, more than a dozen Federal departments and agencies 
possess some responsibility related to emergency alerts and 
warnings. The Committee seeks to address these shortcomings by 
designating one Federal entity to coordinate the System.

                    SUBTITLE E--EMERGENCY LOGISTICS

Section 581. Prepositioned Equipment Program

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Under Secretary for Emergency 
Management, to establish a Prepositioned Equipment Program 
(Program or PEP) to preposition standardized emergency 
equipment in selected geographic areas to sustain and replenish 
critical assets depleted by State, local, and tribal 
governments in response to acts of terrorism, natural 
disasters, or other emergencies. As part of the Program, this 
section directs the Secretary to establish a number of force 
packages containing preposition-standardized equipment, such as 
personal protective, search and rescue, and communications 
equipment. The force packages must be strategically located in 
no less than 11 regions, be rapidly deployable to any major 
population area within 12 hours, and, where practicable, co-
located with the push packages of the Strategic National 
Stockpile. This section also requires that qualified and 
trained personnel from the region be able to perform life-cycle 
management and maintenance of the force packages. In carrying 
out the Program, the Secretary must coordinate with the 
Secretaries of Defense and of Health and Human Services and 
with other Federal departments and agencies that the Secretary 
deems necessary.
    The Committee believes that it is critical to sustain and 
replenish assets depleted by State, local, and tribal 
governments during a response to acts of terrorism, natural 
disasters, or other emergencies. The Committee is concerned 
about reports that the Federal Emergency Management Agency 
(FEMA) is consolidating its existing regional force packages. 
The Committee strongly supports the Program, which has never 
been authorized, and notes that State and local officials in 
the Gulf Coast relied heavily on PEP to help satisfy their 
needs for supplies and equipment in responding to Hurricane 
Katrina. This section will ensure that the Program retains its 
regional focus and that FEMA will possess the resources its 
needs to assist State and local governments when they are 
overwhelmed.

Section 582. National Asset Inventory Program

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Under Secretary for Emergency 
Management, to establish a National Asset Inventory Program for 
the purpose of managing and deploying Federal response 
capabilities and corresponding assets and resources in response 
to acts of terrorism, natural disasters, and other emergencies. 
The inventory will include the availability of each capability, 
the performance parameters of each capability, the time-frame 
within which each capability can be brought to bear on an 
incident, and the readiness of each capability to respond to 
domestic events.
    This section also requires the Secretary of Defense to 
provide the Secretary with a description of the functions and 
capabilities of entities of the Department of Defense that may 
be used to provide support to civil authorities in responding 
to catastrophic emergencies.
    Moreover, this section directs the Secretary to create an 
inventory database that permits real-time exchange of 
information, easy identification and rapid deployment during an 
incident, and the sharing of inventories across jurisdictions. 
Further, the Secretary 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 
readily deployable force packages.
    Finally, this section directs the Secretary to identify 
physical locations in selected geographic areas that could be 
used as ``logistics support centers'' for receiving, staging, 
and integrating Federal assets and capabilities. In carrying 
out these activities, the Under Secretary is directed to 
consult with the Administrator of the Emergency Management 
Assistance Compact to ensure effective coordination of efforts 
in responding to requests for assistance.
    The Committee recognizes the need for the Federal 
government to more effectively manage and deploy Federal assets 
and capabilities in response to acts of terrorism, natural 
disasters, and other emergencies. Because effective response 
plans cannot be developed absent an assessment of resources and 
capabilities, Federal capabilities and assets need to be 
inventoried. The Committee notes that Section 7406 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 
108-458) requires the Department to establish a National 
inventory of Federal assets under.

Section 583. Small Business Database for Federal Contracting Related to 
        Major Disasters and Emergency Assistance Activities

    This section directs the Secretary of Homeland Security to 
establish a database of small and disadvantaged businesses 
capable of providing services to the Department of Homeland 
Security (Department) related to major disasters and emergency 
assistance activities. Small businesses would voluntarily 
submit information for the database. Prior to awarding a 
Federal contract for a disaster-related activity, Departmental 
agencies will be required to consult the small business 
database.
    The Committee recognizes the important contributions that 
private sector partners make to the Department's ability to 
achieve its mission. The Committee intends this section to 
improve the ability of small businesses to interact with the 
Department and increase the opportunities for small businesses 
to win contracts to provide goods and services related to the 
response to, and recovery from, acts of terrorism, natural 
disasters, and other emergencies.
    Moreover, this database would enhance the speed and 
efficiency of recovery efforts by permitting the rapid 
identification and deployment of the necessary goods and 
services that small and disadvantaged businesses in the 
affected areas could provide. The Committee believes the award 
of prime contracts to these businesses can serve local 
communities by acting as an engine for economic revitalization 
and a source of hope during difficult times.

Section 584. Fraud Prevention Training Program

    This section directs the Under Secretary for Emergency 
Management (Under Secretary) at the Department of Homeland 
Security (Department) to develop and implement a fraud 
prevention training program to educate employees, contractors, 
and volunteers who would participate in the response to, or 
recovery from, acts of terrorism, natural disasters, or other 
emergencies, about how to identify and prevent waste, fraud, 
and abuse of Federal assistance funds and services.
    The Committee believes that with the proper training, 
employees and volunteers will be better able to identify 
techniques that are commonly used to fraudulently claim 
assistance. Employees and volunteers will also be instructed 
about their responsibilities and told of the consequences of 
accepting bribes or other gifts from those seeking Federal 
contracts or assistance.
    Under this section, State, local, tribal, or non-profit 
agencies that receive Federal funds or services for individuals 
affected by acts of terrorism, natural disasters, or other 
emergencies, are permitted to share information about aid 
recipients with the Federal Government upon request. The 
Committee intends this section to improve the ability of 
Federal, State, local, tribal, and non-profit agencies to 
protect against waste, fraud, and abuse by permitting them to 
share relevant information to the greatest extent possible.

Section 585. Pre-Negotiated Contracts for Delivery of Goods and 
        Services After Emergencies

    This section authorizes the Under Secretary for Emergency 
Management (Under Secretary) 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 a geographic area 
served by a Regional Office. This section directs that 
contracting preference be granted to small business entities, 
and that standard competitive procedures shall apply. The Under 
Secretary is authorized to delegate the authority to issue 
contracts to the Regional Directors for Emergency Management. A 
contract entered into under this section would not prevent 
State, local, or tribal governments from receiving or using 
Federal assistance for the provision of necessary goods and 
services relating to response or recovery.
    The Committee intends this section to improve the speed and 
cost-effectiveness of contracting after catastrophic events. By 
granting pre-disaster negotiating authority to the 
Undersecretary for Emergency Management and Regional Directors, 
State and local governments will be able to provide communities 
with necessary goods and services more readily, including such 
things as debris removal, meals-ready-to-eat, and contract 
security services, after a terrorist attack, natural disaster, 
or other emergency.
    The Committee notes that after the hurricanes of 2005, the 
Federal government, as well as State and local governments, 
found themselves without adequate law enforcement personnel. 
Similarly, the Federal Emergency Management Agency tasked the 
Federal Protective Service to provide 1,700 contract security 
guards to secure aid distribution, Federal facilities, and 
other critical infrastructure sites. While contract security 
services may be procured using the General Services 
Administration's General Schedule, pre-bid contracts could 
reduce the cost of such guards, thereby saving taxpayer dollars 
and improving preparedness.

        SUBTITLE F--INFRASTRUCTURE PROTECTION AND CYBERSECURITY

Section 591. Office of Infrastructure Protection

    This section authorizes the existing Office of 
Infrastructure Protection (Office) to ensure that the 
Department of Homeland Security (DHS or Department) takes 
requisite steps to secure our Nation's critical infrastructure. 
In the past five years, our Nation has suffered from two major 
catastrophic events, one manmade and one natural. These events 
demonstrated the importance of protecting our Nation's critical 
infrastructure and key assets, including food and water 
systems, agriculture, health systems and emergency services, 
information technology and telecommunications, banking and 
finance, energy (electrical, nuclear, gas, oil, and dams), 
transportation (air, road, rail, ports, and waterways), the 
chemical and defense industries, postal and shipping entities, 
and national monuments and icons.
    This section requires that the Office be administered by an 
Assistant Secretary, who would report directly to the Under 
Secretary of Emergency Management. The Assistant Secretary has 
the primary authority for all Department critical 
infrastructure protection programs, including policy formation 
and program management.
    Under this section, one of the Assistant Secretary's 
primary responsibilities would be to identify and carry out 
comprehensive risk assessments of critical infrastructure to 
determine the risks posed by particular types of terrorist 
attacks. While other functions of the Assistant Secretary would 
include consideration of catastrophic events, including natural 
disasters, the Committee feels that the Office of 
Infrastructure Protection has the unique mission to conduct 
risk assessments of critical infrastructure in order to prevent 
acts of terrorism from occurring.
    In addition, this section requires the Assistant Secretary 
to develop and maintain a comprehensive National plan for 
securing the key resources and critical infrastructure of the 
United States. The Assistant Secretary is required to work with 
other Federal agencies and State, local, and tribal government 
agencies to recommend measures to protect these key resources 
and critical infrastructure, including measures for the 
developing the national plan and for executing vulnerability 
assessments. While the risk assessments are focused 
specifically on acts of terrorism, the Committee recognizes 
that the National Infrastructure Protection Plan (NIPP) takes 
into consideration all-hazards. The Committee also recognizes 
that with the adoption of measures to prevent acts of 
terrorism, critical infrastructure will be better able to 
mitigate the effects of natural disasters as well.
    Similarly, this section requires the Assistant Secretary to 
establish and maintain partnerships and information sharing 
processes with Federal, State, local, and tribal governments, 
the private sector, and international governments and 
organizations. Finally, the Assistant Secretary must work with 
the Under Secretary for Intelligence and Analysis and elements 
of the Intelligence Community to better share information with 
Federal, State, local, and tribal law enforcement agencies and 
the private sector.
    It is critically important for the Department to take an 
all-hazards approach to infrastructure protection. The 
Committee, therefore, mandates that the Assistant Secretary 
assess the capabilities of critical infrastructure sectors to 
prepare for, mitigate against, respond to, and recover from 
acts of terrorism and other catastrophic emergencies, including 
natural disasters. All preparedness efforts must be coordinated 
and integrated with the Department's response and recovery 
activities.
    In order to ensure that the Secretary of Homeland Security 
(Secretary) is well informed of all this Office's activities, 
the Assistant Secretary is required to provide the Secretary 
with an annual summary of national critical infrastructure 
protection efforts and priorities. In addition, the Assistant 
Secretary, in consultation with the Assistant Secretary for 
Grants and Planning, is responsible for providing the Secretary 
with recommendations for Federal critical infrastructure 
protection funding.
    Previously, the Office was part of the Office of 
Intelligence and Analysis. The Committee believes that, 
although these two offices are now separated, they must 
continue to coordinate and communicate with each other in order 
for the Assistant Secretary to be able to provide accurate risk 
assessments. This section, therefore, requires the creation of 
an integration center, to be staffed from the Office of 
Infrastructure Protection, Cybersecurity, and 
Telecommunications, and the Office of Intelligence and 
Analysis. This integration center reflects the current 
organization of the Department and the Homeland Infrastructure 
Threat and Risk Analysis Center (HITRAC). The integration 
center shall be responsible for integrating threat, 
vulnerability, and consequence information in order to identify 
priorities for protective measures, and to disseminate 
analytical products.
    This section also requires the Secretary to make full and 
efficient use of open-source information to analyze critical 
infrastructure from the perspective of terrorists. The 
Committee notes that translations of an Al-Qa'ida manual teach 
adherents that, by using ``public source(s) openly and without 
resorting to illegal means, it is possible to gather at least 
80 percent of information about the enemy.'' This strategy of 
collecting open source information against the United States is 
reflected by the numerous examples of open-source information 
found in the hands of terrorists, exemplified by the discovery, 
in November 2001, of a report from the Government 
Accountability Office (GAO) in a cave in the Islamic Republic 
of Afghanistan. While GAO has since instituted a new 
publication policy regarding certain reports, it is neither 
possible nor desirable to severely curtail publicly available 
information in a free and open society. Therefore, it is 
imperative that the Department understand the critical 
infrastructure threats and vulnerabilities that are created or 
exacerbated by the open nature of our society.
    This section requires that the staff of the Office possess 
appropriate expertise and experience, and allows individuals 
from the private sector to be included. Under this subsection, 
all personnel must possess security clearances appropriate to 
their work. In order to assist the Office in discharging its 
responsibilities, personnel of other Federal Departments and 
agencies may be detailed to the Office for the performance of 
analytic functions and related duties. 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 section.
    Finally, should the Secretary reprogram or transfer any 
funds under this section, the Secretary must comply with any 
applicable provisions of the annual Homeland Security 
Appropriations Act.

Section 592. Office of Cybersecurity and Telecommunications

    This section authorizes the existing Office of 
Cybersecurity and Telecommunications (Office) within the 
Directorate of Emergency Management, thereby incorporating 
cybersecurity and telecommunications into the Department's 
preparedness, response, mitigation, and recovery efforts. The 
Office will be headed by the Assistant Secretary of 
Cybersecurity and Telecommunications who will report directly 
to the Under Secretary for Emergency Management. The Assistant 
Secretary will be responsible for, among other things: (1) the 
National Cyber Security Division; (2) the National 
Communications System (to be carried out in coordination with 
the Assistant Secretary for Emergency Communications); (3) 
assisting the Assistant Secretary for Infrastructure Protection 
with cybersecurity and telecommunications aspects of the 
National Infrastructure Protection Plan; (4) consulting and 
coordinating on securing digital control systems, such as 
Supervisory Control and Data Acquisition Systems; and (5) other 
such duties related to cybersecurity and telecommunications, as 
necessary. This section requires the Secretary to notify 
Congress 60 days prior to reprogramming any funds allocated by 
Congress to the Office of Cybersecurity and Telecommunications.
    Cybersecurity is a critical thread that cuts across every 
infrastructure sector; it is the underlying foundation for the 
operation of business and government functions. Unlike physical 
vulnerabilities, cybersecurity vulnerabilities and threats can 
change in seconds and protective measures can become obsolete 
just as quickly. To ensure that the Department addresses these 
concerns systematically and with the requisite sense of 
urgency, this section establishes an Office of Cybersecurity 
and Telecommunications Office.
    The Committee recognizes that the Assistant Secretary will 
have to work closely with the Assistant Secretary for 
Infrastructure Protection, given the interrelationship between 
the physical and cyber aspects of critical infrastructure 
protection. This section directs the Assistant Secretary to 
work with the Assistant Secretary of Infrastructure Protection 
on the cybersecurity aspects of Homeland Security Presidential 
Directive-7 (HSPD-7, ``Directive on Critical Infrastructure 
Identification, Prioritization, and Protection,'' December 17, 
2003) and on the security of digital control systems.
    This section provides the Assistant Secretary with primary 
authority over the National Communications System. Given the 
rapid convergence of data and telephony, the Department needs 
to have one comprehensive and coherent mission element. This 
section allows for coordination with the Assistant Secretary 
for Emergency Communications, regarding the National 
Communications System's emergency communications programs.
    The Committee believes that the Assistant Secretary should 
encourage the States to conduct risk and needs assessments that 
take into account the multitude of threats to relevant cyber 
systems. The Assistant Secretary should also encourage 
coordination with State Homeland Security Directors, State 
Chief Information Officers, and the Office for Grants and 
Training within the Department to develop and promulgate a 
consistent methodology for developing such strategies.
    The Committee views the promotion and distribution of 
cybersecurity best practices to Federal, State, and local 
governments, and the private sector as an important aspect of 
prevention. The Assistant Secretary's responsibilities include 
promoting voluntary cybersecurity best practices and benchmarks 
that are responsive to rapid technology changes and to the 
security needs of critical infrastructure. The Committee, 
therefore, encourages the Department to work with the private 
sector and academia to determine the best mechanisms for 
developing a distribution system for cybersecurity best 
practices and benchmarks.
    This section also requires the President to nominate an 
individual to serve as the Assistant Secretary for 
Cybersecurity and Telecommunications within 90 days of 
enactment. The Committee remains concerned that the position of 
Assistant Secretary has gone unfilled for almost one and one-
half years and the effect this vacancy had on the progress of 
cybersecurity programs and the development of this office 
within the Department. The Committee requests that this 
position be filled without further delay.

Section 102. Gulf Coast Long-Term Recovery Office

    This section directs the Secretary of Homeland Security 
(Secretary) to establish a Gulf Coast Recovery Office (Office) 
to provide assistance to the residents of the Gulf Coast in 
recovering from Hurricanes Katrina and Rita. The Office will be 
headed by a Director appointed by the Secretary. The Director 
shall work with State, local, and tribal governments, the 
private sector, and non-governmental organizations, such as 
faith-based and other community humanitarian relief entities, 
to provide assistance to residents recovering from the two 
Hurricanes. These efforts will include assessing the social and 
economic consequences in the areas affected by Hurricanes 
Katrina and Rita, coordinating Federal efforts to address long-
term recovery issues, and encouraging implementation of 
mitigation measures during the recovery. The Committee supports 
the establishment of this Office, which will address the 
unusually high volume of requests for assistance and help 
devastated communities recover in a manner that better prepares 
them for future disasters.

Section 103. National Disaster Medical System

    This section reauthorizes the currently existing National 
Disaster Medical System (NDMS) in the amount of $85 million for 
each of the fiscal years 2007 through 2010. In addition, this 
section requires the Chief Medical Officer, in consultation 
with the Under Secretary for Emergency Management, to submit to 
a report to Congress that: (1) assesses the need to expand 
NDMS; (2) evaluates the relationship between NDMS and the 
Metropolitan Medical Response System (MMRS); (3) assesses the 
coordination between the Department of Homeland Security (DHS 
or Department) and the Department of Health and Human Services 
(HHS) during deployment; and (4) evaluates whether NDMS should 
remain in DHS, and, if not, which Department should have 
responsibility for it.
    The Committee considers NDMS a critical component of any 
Federal disaster response requiring medical support and is, 
therefore, concerned about the budget cuts, loss of personnel, 
and lack of focus since its transfer to the Department in 2003. 
Although DHS has made many improvements to NDMS since 2003, 
after-action reports from the 2004 hurricane season documented 
serious breakdowns within NDMS in planning, supply management, 
communications, and leadership. The Committee seeks to address 
coordination problems between the Department and HHS to 
strengthen the Federal government's capability to provide 
public health and medical support during catastrophic 
incidents.

Section 104. Office of Interoperability and Compatibility

    This section amends Title III of the Homeland Security Act 
of 2002 (P.L. 107-296) by adding a new section that clarifies 
the responsibilities of the Director of the Office of 
Interoperability and Compatibility (OIC). OIC, which is a 
component of the Directorate of Science and Technology (S&T;) of 
the Department of Homeland Security (DHS or the Department), 
currently has broad responsibility for the Department's 
activities and programs related to public safety interoperable 
communications. The Committee, however, is concerned that many 
of OIC's activities and programs are unrelated to the core 
scientific and technology missions of the S&T; Directorate. 
Therefore, this section limits OIC's responsibilities to 
activities compatible with the S&T; Directorate's expertise. 
These activities include supporting the development, 
promulgation, and regular updating of national voluntary 
consensus standards for emergency communications as well as 
research, development, testing, and evaluation of equipment for 
interoperable communications capabilities. The Office of 
Emergency Communications in the Directorate of Emergency 
Management--established by section 561--will carry out OIC's 
non-science and technology-related responsibilities, such as 
helping State and local governments acquire interoperable 
emergency communications capabilities.

Section 105. Intelligence Analysts

    This section permits State, local, and tribal governments 
to use Federal homeland security financial assistance 
administered by the Department of Homeland Security to hire new 
staff and contractors to serve as intelligence analysts to 
facilitate information and intelligence sharing activities. The 
analysts must be trained and qualified to perform such duties. 
The Committee seeks to enhance law enforcement capabilities to 
detect and prevent terrorist activities and ensure the safety 
and security of our Nation's citizens by strengthening the 
intelligence and information sharing capabilities among public 
and private entities. The Committee intends the Office of 
Grants and Training, in conjunction with the Office of 
Intelligence and Analysis, to provide certification for both 
basic analytic training programs and refresher courses for 
trained intelligence analysts who may be unfamiliar with the 
unique requirements of analyzing and sharing homeland security 
information.

Section 106. Re-designation of Directorate for Information Analysis and 
        Infrastructure Protection

    This section transfers the Office of Infrastructure 
Protection from the Directorate for Information Analysis and 
Infrastructure Protection, re-designates the remaining Office 
of Information Analysis as the Office of Intelligence and 
Analysis, and elevates the Assistant Secretary for Information 
Analysis to the position of Under Secretary for Intelligence 
and Analysis. This section does not confer any new authority to 
the Under Secretary for Intelligence and Analysis.
    The Committee notes that many of the functions transferred 
in the redesignated section 201(f) of the Homeland Security Act 
of 2002 (P.L. 107-296) will be the responsibility of the 
Assistant Secretary for Infrastructure Protection or the 
Assistant Secretary for Cybersecurity and Telecommunications.

Section 107. National Academy of Public Administration Study on 
        Implementation of Organizational Reforms

    This section directs the Secretary of Homeland Security to 
enter into a contract to retain the National Academy of Public 
Administration to conduct a study of the Department of Homeland 
Security's implementation of the organizational changes made by 
this Act. The study should begin no later than two (2) months 
after the date of enactment.

Section 108. GAO Reports on an Inventory and Status of Homeland 
        Security Training

    This section directs the Comptroller General of the United 
States to submit an interim report to Congress, no later than 
60 days after enactment, documenting the overall inventory and 
status of training programs for emergency response providers in 
the Department of Homeland Security (Department) and other 
Federal departments and agencies.
    This section directs the Comptroller General to submit a 
final report to Congress on homeland security training no later 
than 120 days after enactment. Specifically, the report shall, 
among other things, assess the effectiveness of the structure 
and organization of such training programs, identify any 
duplication or redundancy among them, describe how States and 
local governments have used the Department of Homeland 
Security's (DHS or Department) terrorism preparedness grants 
for training purposes, and discuss the role of the Department's 
emergency response provider training institutions in the design 
and implementation of terrorism preparedness training courses.
    The Committee believes that training is one of the 
Department's most critical missions. Our Nation's emergency 
response providers need targeted and effective training to 
develop and hone the specialized skills needed to fulfill their 
homeland security responsibilities. The Committee remains 
committed to ensuring that such training focuses on those 
emergency response providers most at risk, while ensuring that 
we structure training systems in a way that maximizes the 
efficient and effective delivery of training to as many 
providers as possible. Moreover, the Committee recognizes that 
the patchwork of Federal, State, and local training programs 
can result in duplication, inefficiency, and confusion. 
Therefore, the Committee seeks an assessment of homeland 
security training programs to ensure resources are used to 
maximize our Nation's preparedness and response capabilities 
and minimize any unnecessary duplication or redundancy 
associated with such programs.

Section 109. Grants for Training and Exercises to Assist Public 
        Elementary and Secondary Schools

    This section permits State, local, or tribal governments to 
use Federal homeland security financial assistance administered 
by the Department of Homeland Security, to assist public 
elementary and secondary schools in developing and implementing 
training programs and exercises to instruct students to 
prevent, prepare for, respond to, mitigate against, or recover 
from acts of terrorism, natural disasters, and other 
emergencies.
    The Committee has learned that State and local governments 
denied public elementary and secondary schools financial 
assistance for training and exercises because the governments 
erroneously believed the schools were ineligible for such 
assistance under the Homeland Security Act of 2002 (P.L. 107-
296). This section, therefore, makes clear that public 
elementary and secondary schools are indeed eligible for 
Federal homeland security financial assistance. Because public 
elementary and secondary schools are already eligible for 
assistance, this provision is intended only to clarify current 
law and eliminate any residual confusion.

Section 110. Sense of the Congress on the Project 25 Conformity 
        Assessment Project

    This section states that it is the sense of the Congress 
that, in carrying out the responsibilities and authorities of 
the Department of Homeland Security relating to the Wireless 
Public Safety Interoperable Communications (SAFECOM) Program, 
the Assistant Secretary for Emergency Communications should 
work with the National Institute of Standards and Technology 
for the purpose of implementing, as soon as practicable, the 
Project 25 Compliance Assessment Program.

Section 111. National Pandemic Influenza Exercise

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Assistant Secretary for 
Training and Exercises, to conduct a full-scale, national 
exercise to test the effectiveness and implementation of the 
National Strategy for Pandemic Influenza (November 1, 2005). In 
carrying out this exercise, the Secretary must work in 
coordination with the Chief Medical Officer of the Department 
of Homeland Security (DHS), and in cooperation with the 
Secretaries of Health and Human Services, Defense, and 
Agriculture, and the heads of all other Federal, State, and 
local government agencies responsible for pandemic influenza 
preparedness and response.
    The Committee believes that exercises are a critical part 
of preparedness and response. To be truly prepared for pandemic 
influenza, exercises that most accurately model the most likely 
scenarios are crucial. Because DHS is in charge of coordinating 
the nationwide response, it is the Secretary's responsibility 
to conduct these exercises in conjunction with other relevant 
Federal agencies.

Section 112. Public-Private Sector Planning and Response Pilot Program

    This section directs the Under Secretary for Emergency 
Management to establish a public-private sector planning and 
response pilot program to identify a network of critical 
resources in a region having significant risk of both terrorism 
and other catastrophic disasters. The Committee believes it is 
crucial to bring together local emergency managers and leaders 
from the private sector to identify critical resources that can 
be activated following a catastrophic incident to improve 
overall emergency response and recovery efforts.

Section 113. Emergency Management Performance Grants

    This section authorizes $360 million for the Emergency 
Management Performance Grant Program for Fiscal Year 2007. The 
Committee seeks to ensure that State and local governments 
receive the Federal assistance necessary to effectively prepare 
for, respond to, mitigate against, and recover from acts of 
terrorism, natural disasters, and other emergencies. Given the 
new catastrophic and evacuation planning requirements required 
for State, local, and tribal governments under this Act, the 
Committee feels that the Federal government should provide 
additional resources for such purposes.

Section 114. Definitions

    This section provides a number of definitions. Among other 
definitions, the term ``emergency management'' refers to the 
government 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 threatened or actual acts of terrorism, natural 
disasters, and other emergencies. This section also defines the 
term ``prevention'' to mean any activity undertaken to avoid, 
prevent, or stop threatened or actual acts of terrorism.
    This section also amends section 2(6) of the Homeland 
Security Act of 2002 (P.L. 107-296) to expand the definition of 
``emergency response provider'' to make clear that it includes 
the fire service and governmental and non-governmental 
organizations and personnel. Finally, this section defines the 
term ``emergency response support providers'' as including 
Federal, State, and local governmental and non-governmental 
utilities, public works, transportation, public health and 
related personnel, organizations, agencies, and authorities.

Section 115. Conforming Amendments

    This section makes conforming amendments to the Homeland 
Security Act of 2002 (P.L. 107-296) and increases the number of 
Assistant Secretaries within the Department of Homeland 
Security.

              TITLE II--WASTE, FRAUD, AND ABUSE PREVENTION

Section 201. Waste, Fraud, and Abuse Controls

    This section requires the Secretary of Homeland Security 
(Secretary), acting through the Under Secretary for Emergency 
Management, to ensure that all programs within the Directorate 
of Emergency Management that administer Federal assistance 
develop and maintain proper internal management controls to 
prevent and detect waste, fraud, and abuse. Application 
databases used by the Directorate to collect information on 
eligible recipients must also record disbursements. Such 
tracking shall be designed to highlight and identify ineligible 
applications. The databases used to collect information from 
applications must be integrated, and able to track 
disbursements and payment records.
    Moreover, before any existing database or similar 
application processing system may be used to determine 
eligibility and disbursement of Federal assistance, it must 
undergo a review by the Office of the Inspector General of the 
Department of Homeland Security (Inspector General) to 
determine the existence and implementation of such internal 
controls.
    Finally, this section requires the Secretary to annually 
report to Congress that before a database or similar 
application procedures may be utilized for the purpose of the 
dispensing of Federal assistance, proper internal controls are 
in place and operating. Recommendations or findings that remain 
unresolved between management and the Inspector General for 30 
days must be immediately reported to Congress.
    The Committee seeks to ensure that the widespread fraud 
that occurred in the aftermath of Hurricanes Katrina and Rita 
and the September 11, 2001, attacks will be prevented in future 
disasters. The Federal Emergency Management Agency (FEMA) had 
few, if any, internal management controls in place to detect 
and prevent fraudulent applications for Federal assistance. 
Thousands of fraudulent applications were submitted using 
fraudulent social security numbers and fictitious addresses. 
FEMA also made duplicate payments of Federal assistance to 
thousands of applicants. The Government Accountability Office 
(GAO), through its investigations of FEMA's Individual and 
Households Program (IHP), estimated that FEMA made $1 billion 
in fraudulent payments for expedited and rental assistance.

Section 202. Assessment and Report Regarding Utilization of Independent 
        Private Sector Inspectors General

    This section directs the Undersecretary for Emergency 
Management, in consultation with the Undersecretary for 
Management, to assess the role that Independent Private Sector 
Inspectors General (IPSIG) played in preventing waste, fraud, 
and abuse in the contracts to remove debris from the World 
Trade Center site in New York City, New York, after the 
terrorist attacks of September 11, 2001.
    This assessment will examine whether the IPSIG model could 
be effectively utilized to monitor and provide greater 
accountability for future Federally-funded contracts--including 
those for debris removal and the repair or reconstruction of 
damaged infrastructure--in response to terrorist attacks, 
natural disasters, or other national emergencies. The Committee 
believes that the use of IPSIGs could significantly reduce the 
incidence of waste, fraud, and abuse that occur in response and 
recovery contracting, and provide a new tool to save taxpayer 
dollars.

Section 203. Enhanced Accountability for Federal Assistance

    This section provides that each State, local, tribal, and 
non-profit entity that receives Federal assistance funds in 
response to acts of terrorism, natural disasters, or other 
emergencies shall report to the pertinent Federal agency six 
months after the initial disbursement of resources regarding 
the expenditure of such funds. The report shall include a 
description of the projects or programs that received Federal 
assistance; the entity administering the program or project; 
and the dates and amounts disbursed, allocated, and expended. 
This section directs the Under Secretary for Emergency 
Management to 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 is 
required to combine such requirements and eliminate such 
duplication.
    Under this section, each Federal agency that disburses 
Federal assistance funds in response to acts of terrorism, 
natural disasters, or other emergencies must report to the 
Department of Homeland Security Inspector General (Inspector 
General) in his role as Chairman of the President's Council on 
Integrity and Efficiency Homeland Security Roundtable regarding 
the expenditure of these Federal funds. The report shall be 
submitted one year after enactment of the disaster assistance 
appropriation, and recurrently, every six months until all 
monies are expended or the Inspector General and the Council 
determine that such reports are no longer required. The report 
should include the following: the names and addresses of 
recipient agencies; the purpose for which resources were 
provided; and the amounts disbursed, allocated, and expended; 
and the status of reporting by agencies that received 
disbursements.

Section 204. Enhanced Information Sharing Among Federal Agencies to 
        Prevent, Waste, Fraud, and Abuse

    Under this section, Federal, State, local, or tribal 
agencies that disburse Federal assistance to respond to, or 
recover from, acts of terrorism, natural disasters, or other 
emergencies, must establish procedures to make reasonable 
efforts to confirm the identities and eligibility of applicants 
without placing undue burden on applicants. This section also 
allows Federal, State, local, or tribal agencies to ask, on 
application materials for grants, loans, services, or other 
assistance, for applicants' consent to share their personal 
information with Federal agencies, such as the Internal Revenue 
Service, in order to enhance the accuracy and expedite the 
delivery of assistance to applicants. Applicants who do not 
consent to the sharing of such information shall not be denied 
assistance or otherwise penalized for refusal to consent.
    The Committee intends this section to ensure resources are 
disbursed expeditiously to eligible applicants while preventing 
resource disbursements to ineligible recipients. The Committee 
has learned that some employees or volunteers of State, local, 
tribal, and non-profit entities charged with disbursing Federal 
or Federally-supplemented assistance resources did not make 
reasonable efforts to confirm the eligibility of recipients. 
Further, protections under the Privacy Act of 1974 (5 U.S.C. 
Sec. 552a, as amended) and other privacy safeguards made it 
difficult for disbursing agencies to exercise due diligence 
checks to ascertain whether applicants for assistance were 
eligible.
    Allowing applicants to waive some of these protections will 
allow disbursing agencies to access information about 
applicants collected and maintained by Federal departments and 
agencies. It also will permit such agencies to provide 
information on individuals or entities impacted by acts of 
terrorism, natural disasters, or other emergencies who may have 
lost documents proving their identity, residence, income, or 
other eligibility criteria. The Committee believes that 
allowing access to information about applicants maintained by 
Federal departments and agencies will also enable disbursing 
agencies to prevent the disbursement of aid to ineligible 
applicants by enabling Federal departments and agencies to 
determine when an applicant has reported false information that 
conflicts with records maintained by a Federal department or 
agency.

Section 205. Deputy Inspector General for Response and Recovery

    This section establishes the position of Deputy Inspector 
General for Response and Recovery within the Office of the 
Inspector General of the Department of Homeland Security. The 
Deputy Inspector General will work with Inspectors General of 
other Federal Departments and agencies, as appropriate, to 
conduct and coordinate audits and investigations of Federal 
resources for the response to, and recovery from, acts of 
terrorism, natural disasters, or other emergencies.
    This section requires the Deputy Inspector General, within 
48 hours of a terrorist attack, natural disaster, or other 
national emergency, to set up and publicize a Fraud Tip Line to 
collect allegations of waste, fraud, and abuse of Federal 
assistance funds. This section also requires all agencies 
receiving or distributing Federal funds to set up procedures to 
distinguish and separately track funds related to response and 
relief efforts.
    The Federal response to acts of terrorism, natural 
disasters, or other national emergencies often involves 
multiple Federal agencies, which administer a variety of 
programs, some of which overlap. As a result, multiple Offices 
of Inspector General have, in the past, been responsible for 
auditing and overseeing discreet elements of the Federal 
response to acts of terrorism, natural disasters, or other 
national emergencies. This oversight and accountability 
structure provides only limited information and oversight 
regarding the Federal Government's response.
    This section requires the Inspector General of the 
Department of Homeland Security to appoint the Deputy Inspector 
General not later than 60 days after enactment. To support the 
operations of this office, the section also authorizes $11 
million for this office in each fiscal year. The Committee 
finds it would be more effective for a single Deputy Inspector 
General to have oversight of and responsibility for auditing 
all disaster relief programs administered by any Federal 
agency. Therefore, to facilitate Federal oversight and to avoid 
duplication of effort, this provision directs the Deputy 
Inspector General to work with auditors and investigators at 
all levels of government and to coordinate investigative 
activities at the Federal level with the Federal Bureau of 
Investigation.

Section 206. Protection of Department of Homeland Security Official 
        Seal and Insignia

    This provision would provide the Department of Homeland 
Security (DHS or Department) with copyright protections over 
its seal, name, initials, and the titles of its officers. This 
protection is similar to statutory protections for visual 
representations of seals of other Federal agencies.
    This section would specifically require written permission 
from the Secretary to use the name, initials, seal or titles of 
the Department in connection with any advertisement, commercial 
activity, movie, television show or other audiovisual 
production, impersonation, Internet domain name, e-mail 
address, website, merchandise, or solicitation in a manner 
intended to convey the impression that the Department has 
approved, endorsed, or authorized such use.
    Names, initials, seals or titles protected by this section 
include: the words ``Department of Homeland Security'', the 
initials ``DHS'', the insignia or seal of the Department, the 
title ``Secretary of Homeland Security,'' 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. This section 
empowers the Attorney General to initiate civil proceedings to 
enjoin potentially unauthorized uses of the Department's seal, 
name, initials, officers' titles, and other representations.
    The Committee intends this section to give the Department 
the ability to control the use of its name, initials, seal, 
titles, and other representations in order to boost public 
awareness about its mission and programs and to prevent 
misrepresentations from creating false impressions about its 
mission and programs. The Committee recognizes that portrayal 
of a Federal agency in popular entertainment can be a cost-
effective way to educate the public about the agency's mission 
and programs. But such portrayals also can mischaracterize such 
missions or programs. Without statutory protection, the 
Department is less able than other Federal agencies to prevent 
such mischaracterizations or to take corrective action when it 
occurs.
    The Committee is concerned that the Department has been 
unable to stop recent efforts to appropriate its name and other 
representations for private gain. For example, the Committee 
notes that a Hollywood movie mass-released in 2005 used 
Transportation Security Administration (TSA) badges and 
represented TSA baggage screeners without the Department's 
permission. The Committee believes the Department's ability to 
withhold permission to use its name, initials, seal, or titles 
will give it additional leverage to ensure such representations 
are used in portrayals that accurately reflect its mission and 
programs and bolster public awareness of the same.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
                    Protection; Access to Information

[Sec. 201.  Directorate for Information Analysis and Infrastructure 
          Protection.]
Sec. 201. Office of Intelligence and Analysis.
     * * * * * * *

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 314. Office of Interoperability and Compatibility.
     * * * * * * *

       TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 430. Office for Domestic Preparedness.]
     * * * * * * *

              [TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

[Sec. 501. Under Secretary for Emergency Preparedness and Response.
[Sec. 502. Responsibilities.
[Sec. 503. Functions transferred.
[Sec. 504. Nuclear incident response.
[Sec. 505. Conduct of certain public health-related activities.
[Sec. 506. Definition.
[Sec. 507. Role of Federal Emergency Management Agency.
[Sec. 508. Use of national private sector networks in emergency 
          response.
[Sec. 509. Use of commercially available technology, goods, and 
          services.]

                      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. Office of National Capital Region Coordination.
Sec. 509. National Advisory Council on Emergency Management.
Sec. 510. Reorganization of Directorate.

                   Subtitle B--Emergency Preparedness

Sec. 521. Office of Grants and Planning.
Sec. 522. Office of Training and Exercises.
Sec. 523. Essential capabilities.
Sec. 524. Catastrophic planning.
Sec. 525. System assessment and validation for emergency responders 
          program.
Sec. 526. Homeland Security Education Program.
Sec. 527. Office of Public and Community Preparedness.

                     Subtitle C--Emergency Response

Sec. 541. National incident management system and national response plan 
          integration center.
Sec. 542. Use of national private sector networks in emergency response.
Sec. 543. Nuclear incident response.
Sec. 544. National urban search and rescue response system.
Sec. 545. Metropolitan Medical Response System.
Sec. 546. Emergency Management Assistance Compact authorization.

                  Subtitle D--Emergency Communications

Sec. 561. Office of Emergency Communications.
Sec. 562. National emergency communications strategy.
Sec. 563. Assessments and reports.
Sec. 564. Coordination of Federal emergency communications grant 
          programs.
Sec. 565. Regional emergency communications coordination.
Sec. 566. Emergency Communications Preparedness Center.
Sec. 567. Urban and other high risk area communications capabilities.
Sec. 568. Integrated national alert and warning system.

                     Subtitle E--Emergency Logistics

Sec. 581. Prepositioned equipment program.
Sec. 582. National Asset Inventory Program.
Sec. 583. Small business database for Federal contracting related to 
          major disasters and emergency assistance activities.
Sec. 584. Fraud prevention training program.
Sec. 585. 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.
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
Sec. 707. Fraud, waste, and abuse controls.
     * * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
          UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           [Subtitle A--Coordination with Non-Federal Entities

[Sec. 801. Office for State and Local Government Coordination.]

                      Subtitle B--Inspector General

     * * * * * * *
Sec. 813. Deputy Inspector General for Response and Recovery.
     * * * * * * *

          Subtitle F--Federal Emergency Procurement Flexibility

     * * * * * * *
Sec. 856a. Enhanced accountability for Federal assistance.
Sec. 856b. Enhanced information sharing among Federal agencies to 
          prevent fraud, waste, and abuse.
     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

     * * * * * * *
[Sec. 882. Office for National Capital Region Coordination.]
     * * * * * * *

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

          (6) The term ``emergency response providers'' 
        [includes Federal, State, and local emergency public 
        safety, law enforcement, emergency response, emergency 
        medical (including hospital emergency facilities), and 
        related personnel, agencies, and authorities.] 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.

           *       *       *       *       *       *       *

          (17) The term ``emergency management'' refers to the 
        governmental function that coordinates and integrates 
        all activities necessary to build, sustain, and improve 
        the capability to prepare for, respond to, mitigate 
        against, or recover from a threatened or actual act of 
        terrorism, natural disaster, or other emergency.
          (18) The term ``prevention'' means any activity 
        undertaken to avoid, prevent, or stop a threatened or 
        actual act of terrorism.
          (19) The term ``emergency support providers'' 
        includes Federal, State, and local governmental and 
        nongovernmental utilities, public works, 
        transportation, and public health and related 
        personnel, organizations, agencies, and authorities.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--There are the 
following officers, appointed by the President, by and with the 
advice and consent of the Senate:
          (1) * * *
          (2) An Under Secretary for [Information Analysis and 
        Infrastructure Protection] Intelligence and Analysis.

           *       *       *       *       *       *       *

          (5) An Under Secretary for Emergency [Preparedness 
        and Response] Management.

           *       *       *       *       *       *       *

          [(7) An Under Secretary for Management.]
          [(8)] (7) A Director of the Office of 
        Counternarcotics Enforcement.
          [(9)] (8) Not more than [12] 17 Assistant 
        Secretaries.
          [(10)] (9) A General Counsel, who shall be the chief 
        legal officer of the Department.

           *       *       *       *       *       *       *


      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
                   Protection; Access to Information

[SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE 
                    PROTECTION.]

SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.

  (a) [Under Secretary of Homeland Security for Information 
Analysis and Infrastructure Protection.--] Under Secretary of 
Homeland Security for Intelligence and Analysis.--
          (1) In general.--There shall be in the Department [a 
        Directorate for Information Analysis and Infrastructure 
        Protection] an Office of Intelligence and Analysis 
        headed by [an Under Secretary for Information Analysis 
        and Infrastructure Protection] an Under Secretary for 
        Intelligence and Analysis, who shall be appointed by 
        the President, by and with the advice and consent of 
        the Senate.

           *       *       *       *       *       *       *

  [(b) Assistant Secretary for Information Analysis; Assistant 
Secretary for Infrastructure Protection.--
          [(1) Assistant secretary for information analysis.--
        There shall be in the Department an Assistant Secretary 
        for Information Analysis, who shall be appointed by the 
        President.
          [(2) Assistant secretary for infrastructure 
        protection.--There shall be in the Department an 
        Assistant Secretary for Infrastructure Protection, who 
        shall be appointed by the President.
          [(3) Responsibilities.--The Assistant Secretary for 
        Information Analysis and the Assistant Secretary for 
        Infrastructure Protection shall assist the Under 
        Secretary for Information Analysis and Infrastructure 
        Protection in discharging the responsibilities of the 
        Under Secretary under this section.]
  [(c) Discharge of Information Analysis and Infrastructure 
Protection.--] (b) Discharge of Intelligence and Analysis.--The 
Secretary shall ensure that the responsibilities of the 
Department regarding information analysis [and infrastructure 
protection] and intelligence are carried out through [the Under 
Secretary for Information Analysis and Infrastructure 
Protection] the Under Secretary for Intelligence and Analysis.
  [(d)] (c) Responsibilities of Under Secretary.--Subject to 
the direction and control of the Secretary, the 
responsibilities of [the Under Secretary for Information 
Analysis and Infrastructure Protection] the Under Secretary for 
Intelligence Analysis shall be as follows:
          (1) * * *
          [(2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments 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).]
          [(3) To integrate] (2) To participate in the 
        integration of relevant information, analyses, and 
        vulnerability assessments (whether such information, 
        analyses, 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 agencies of the Federal Government, 
        State and local government agencies and authorities, 
        the private sector, and other entities.
          [(4)] (3) To ensure, pursuant to section 202, the 
        timely and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
          [(5) To develop a comprehensive national plan for 
        securing the key resources and critical infrastructure 
        of the United States, including power production, 
        generation, and distribution systems, information 
        technology and telecommunications systems (including 
        satellites), electronic financial and property record 
        storage and transmission systems, emergency 
        preparedness communications systems, and the physical 
        and technological assets that support such systems.
          [(6) To recommend measures necessary to protect the 
        key resources and critical infrastructure of the United 
        States in coordination with other agencies of the 
        Federal Government and in cooperation with State and 
        local government agencies and authorities, the private 
        sector, and other entities.]
          [(7)] (4) To administer the Homeland Security 
        Advisory System, including--
                  (A) * * *

           *       *       *       *       *       *       *

          [(8)] (5) To review, analyze, and make 
        recommendations for improvements in the policies and 
        procedures governing the sharing of law enforcement 
        information, intelligence information, intelligence-
        related information, and other information relating to 
        homeland security within the Federal Government and 
        between the Federal Government and State and local 
        government agencies and authorities.
          [(9)] (6) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.
          [(10)] (7) To consult with the Director of Central 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
          [(11)] (8) To consult with State and local 
        governments and private sector entities to ensure 
        appropriate exchanges of information, including law 
        enforcement-related information, relating to threats of 
        terrorism against the United States.
          [(12)] (9) To ensure that--
                  (A) * * *

           *       *       *       *       *       *       *

          [(13)] (10) To request additional information from 
        other agencies of the Federal Government, State and 
        local government agencies, and the private sector 
        relating to threats of terrorism in the United States, 
        or relating to other areas of responsibility assigned 
        by the Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
          [(14)] (11) To establish and utilize, in conjunction 
        with the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          [(15)] (12) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                  (A) * * *

           *       *       *       *       *       *       *

          [(16)] (13) To coordinate training and other support 
        to the elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
          [(17)] (14) To coordinate with the Assistant 
        Secretary for Infrastructure Protection and elements of 
        the intelligence community and with Federal, State, and 
        local law enforcement agencies, and the private sector, 
        as appropriate.
          [(18)] (15) To provide intelligence and information 
        analysis and support to other elements of the 
        Department.
          [(19)] (16) To perform such other duties relating to 
        such responsibilities as the Secretary may provide.
  [(e)] (d) Staff.--
          (1) In general.--The Secretary shall provide the 
        [Directorate] Office with a staff of analysts having 
        appropriate expertise and experience to assist the 
        [Directorate] Office in discharging responsibilities 
        under this section.

           *       *       *       *       *       *       *

  [(f)] (e) Detail of Personnel.--
          (1) In general.--In order to assist the [Directorate] 
        Office in discharging responsibilities under this 
        section, personnel of the agencies referred to in 
        paragraph (2) may be detailed to the Department for the 
        performance of analytic functions and related duties.

           *       *       *       *       *       *       *

  [(g)] (f) Functions Transferred.--In accordance with title 
XV, there shall be transferred to the Secretary[, for 
assignment to the Under Secretary for Information Analysis and 
Infrastructure Protection under this section,] the functions, 
personnel, assets, and liabilities of the following:
          (1) * * *

           *       *       *       *       *       *       *


Subtitle C--Information Security

           *       *       *       *       *       *       *


SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.

  In carrying out the responsibilities under section 201, the 
[Under Secretary for Information Analysis and Infrastructure 
Protection] Assistant Secretary for Infrastructure Protection 
shall--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 224. NET GUARD.

  The [Under Secretary for Information Analysis and 
Infrastructure Protection] Assistant Secretary for 
Cybersecurity and Telecommunications may establish a national 
technology guard, to be known as ``NET Guard'', comprised of 
local teams of volunteers with expertise in relevant areas of 
science and technology, to assist local communities to respond 
and recover from attacks on information systems and 
communications networks.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

   The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the responsibility for--
          (1) * * *

           *       *       *       *       *       *       *

          (3) supporting the [Under Secretary for Information 
        Analysis and Infrastructure Protection] Under Secretary 
        for Intelligence and Analysis and the Assistant 
        Secretary for Infrastructure Protection, by assessing 
        and testing homeland security vulnerabilities and 
        possible threats;

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) In General.--The Office for Domestic Preparedness shall 
be within the Directorate of Border and Transportation 
Security.
  [(b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Director 
of the Office for Domestic Preparedness shall report directly 
to the Under Secretary for Border and Transportation Security.
  [(c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          [(1) coordinating preparedness efforts at the Federal 
        level, and working with all State, local, tribal, 
        parish, and private sector emergency response providers 
        on all matters pertaining to combating terrorism, 
        including training, exercises, and equipment support;
          [(2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating 
        to homeland security at all levels of government;
          [(3) directing and supervising terrorism preparedness 
        grant programs of the Federal Government (other than 
        those programs administered by the Department of Health 
        and Human Services) for all emergency response 
        providers;
          [(4) incorporating the Strategy priorities into 
        planning guidance on an agency level for the 
        preparedness efforts of the Office for Domestic 
        Preparedness;
          [(5) providing agency-specific training for agents 
        and analysts within the Department, other agencies, and 
        State and local agencies and international entities;
          [(6) as the lead executive branch agency for 
        preparedness of the United States for acts of 
        terrorism, cooperating closely with the Federal 
        Emergency Management Agency, which shall have the 
        primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-
        related disasters in the United States;
          [(7) assisting and supporting the Secretary, in 
        coordination with other Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments consistent with the 
        mission and functions of the Directorate;
          [(8) those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency 
        which relate to terrorism, which shall be consolidated 
        within the Department in the Office for Domestic 
        Preparedness established under this section; and
          [(9) helping to ensure the acquisition of 
        interoperable communication technology by State and 
        local governments and emergency response providers.
  [(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and 
fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.]

           *       *       *       *       *       *       *


             [TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

[SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.

  [There shall be in the Department a Directorate of Emergency 
Preparedness and Response headed by an Under Secretary for 
Emergency Preparedness and Response.

[SEC. 502. RESPONSIBILITIES.

  [The Secretary, acting through the Under Secretary for 
Emergency Preparedness and Response, shall include--
          [(1) helping to ensure the effectiveness of emergency 
        response providers to terrorist attacks, major 
        disasters, and other emergencies;
          [(2) with respect to the Nuclear Incident Response 
        Team (regardless of whether it is operating as an 
        organizational unit of the Department pursuant to this 
        title)--
                  [(A) establishing standards and certifying 
                when those standards have been met;
                  [(B) conducting joint and other exercises and 
                training and evaluating performance; and
                  [(C) providing funds to the Department of 
                Energy and the Environmental Protection Agency, 
                as appropriate, for homeland security planning, 
                exercises and training, and equipment;
          [(3) providing the Federal Government's response to 
        terrorist attacks and major disasters, including--
                  [(A) managing such response;
                  [(B) directing the Domestic Emergency Support 
                Team, the National Disaster Medical System, and 
                (when operating as an organizational unit of 
                the Department pursuant to this title) the 
                Nuclear Incident Response Team;
                  [(C) overseeing the Metropolitan Medical 
                Response System; and
                  [(D) coordinating other Federal response 
                resources, including requiring deployment of 
                the Strategic National Stockpile, in the event 
                of a terrorist attack or major disaster;
          [(4) aiding the recovery from terrorist attacks and 
        major disasters;
          [(5) building a comprehensive national incident 
        management system with Federal, State, and local 
        government personnel, agencies, and authorities, to 
        respond to such attacks and disasters;
          [(6) consolidating existing Federal Government 
        emergency response plans into a single, coordinated 
        national response plan; and
          [(7) helping to ensure that emergency response 
        providers acquire interoperable technology.

[SEC. 503. FUNCTIONS TRANSFERRED.

  [In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and liabilities 
of the following entities:
          [(1) The Federal Emergency Management Agency, 
        including the functions of the Director of the Federal 
        Emergency Management Agency relating thereto.
          [(2) The Integrated Hazard Information System of the 
        National Oceanic and Atmospheric Administration, which 
        shall be renamed ``FIRESAT''.
          [(3) The National Domestic Preparedness Office of the 
        Federal Bureau of Investigation, including the 
        functions of the Attorney General relating thereto.
          [(4) The Domestic Emergency Support Teams of the 
        Department of Justice, including the functions of the 
        Attorney General relating thereto.
          [(5) 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.

[SEC. 504. NUCLEAR INCIDENT RESPONSE.

  [(a) In General.--At the direction of the Secretary (in 
connection with an actual or threatened terrorist attack, major 
disaster, or other emergency in the United States), the Nuclear 
Incident Response Team shall operate as an organizational unit 
of the Department. While so operating, the Nuclear Incident 
Response Team shall be subject to the direction, authority, and 
control of the Secretary.
  [(b) Rule of Construction.--Nothing in this title shall be 
construed to limit the ordinary responsibility of the Secretary 
of Energy and the Administrator of the Environmental Protection 
Agency for organizing, training, equipping, and utilizing their 
respective entities in the Nuclear Incident Response Team, or 
(subject to the provisions of this title) from exercising 
direction, authority, and control over them when they are not 
operating as a unit of the Department.

[SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

  [(a) In General.--With respect to all public health-related 
activities to improve State, local, and hospital preparedness 
and response to chemical, biological, radiological, and nuclear 
and other emerging terrorist threats carried out by the 
Department of Health and Human Services (including the Public 
Health Service), the Secretary of Health and Human Services 
shall set priorities and preparedness goals and further develop 
a coordinated strategy for such activities in collaboration 
with the Secretary.
  [(b) Evaluation of Progress.--In carrying out subsection (a), 
the Secretary of Health and Human Services shall collaborate 
with the Secretary in developing specific benchmarks and 
outcome measurements for evaluating progress toward achieving 
the priorities and goals described in such subsection.

[SEC. 506. DEFINITION.

  [In this title, 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. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

  [(a) In General.--The functions of the Federal Emergency 
Management Agency include the following:
          [(1) All functions and authorities prescribed by the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
          [(2) Carrying out its mission to reduce the loss of 
        life and property and protect the Nation from all 
        hazards by leading and supporting the Nation in a 
        comprehensive, risk-based emergency management 
        program--
                  [(A) of mitigation, by taking sustained 
                actions to reduce or eliminate long-term risk 
                to people and property from hazards and their 
                effects;
                  [(B) of planning for building the emergency 
                management profession to prepare effectively 
                for, mitigate against, respond to, and recover 
                from any hazard;
                  [(C) of response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment and supplies, 
                through evacuating potential victims, through 
                providing food, water, shelter, and medical 
                care to those in need, and through restoring 
                critical public services;
                  [(D) of recovery, by rebuilding communities 
                so individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards; and
                  [(E) of increased efficiencies, by 
                coordinating efforts relating to mitigation, 
                planning, response, and recovery.
  [(b) Federal Response Plan.--
          [(1) Role of fema.--Notwithstanding any other 
        provision of this Act, the Federal Emergency Management 
        Agency shall remain the lead agency for the Federal 
        Response Plan established under Executive Order No. 
        12148 (44 Fed. Reg. 43239) and Executive Order No. 
        12656 (53 Fed. Reg. 47491).
          [(2) Revision of response plan.--Not later than 60 
        days after the date of enactment of this Act, the 
        Director of the Federal Emergency Management Agency 
        shall revise the Federal Response Plan to reflect the 
        establishment of and incorporate the Department.

[SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY 
                    RESPONSE.

  [To the maximum extent practicable, the Secretary shall use 
national private sector networks and infrastructure for 
emergency response to chemical, biological, radiological, 
nuclear, or explosive disasters, and other major disasters.

[SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS, AND 
                    SERVICES.

  [It is the sense of Congress that--
          [(1) the Secretary should, to the maximum extent 
        possible, use off-the-shelf commercially developed 
        technologies to ensure that the Department's 
        information technology systems allow the Department to 
        collect, manage, share, analyze, and disseminate 
        information securely over multiple channels of 
        communication; and
          [(2) in order to further the policy of the United 
        States to avoid competing commercially with the private 
        sector, the Secretary should rely on commercial sources 
        to supply the goods and services needed by the 
        Department.]

                     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 
        National Emergency Management Reform and Enhancement 
        Act of 2006.
          (2) Use of existing field offices.--In establishing 
        the Regional Offices required under this section, the 
        Secretary shall, to the extent practicable, co-locate 
        and consolidate field offices of the Department that 
        are in existence as of the date of the enactment of 
        such Act.
  (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.

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. 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. 509. 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. 510. 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 
        National Emergency Management Reform and Enhancement 
        Act of 2006, the Secretary, acting through the 
        Assistant Secretary for Training and Exercises, shall 
        establish a program through which the Secretary carries 
        out periodically but not less than biennially a 
        national terrorism prevention exercise for the purposes 
        of--
                  (A) involving in national exercises high-
                ranking officials from Federal, State, local, 
                tribal, and international governments, as the 
                Secretary considers appropriate; and
                  (B) testing and evaluating, in coordination 
                with the Attorney General and the Secretary of 
                Defense, the capability of Federal, State, 
                local, and tribal government entities to 
                detect, disrupt, and prevent threatened or 
                actual catastrophic acts of terrorism.
          (6) National exercise strategy.--The Secretary, 
        acting through the Assistant Secretary for Training and 
        Exercises, shall develop a multi-year national homeland 
        security exercise plan and submit the plan to the 
        Homeland Security Council for review and approval.
  (f) National Training Program.--
          (1) In general.--The Secretary, acting through the 
        Assistant Secretary for Training and Exercises, shall 
        carry out a National Training Program for the purpose 
        of enhancing the capabilities of the Nation's emergency 
        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) Catastrophic Emergency Plans Required.--The Secretary, 
acting through the Assistant Secretary for Grants and Planning 
and in consultation with the Assistant Secretary for Training 
and Exercises, shall require any State or urban area that 
submits an application to the Secretary for Federal homeland 
security financial assistance administered by the Department to 
maintain a catastrophic emergency plan to be implemented in the 
event of an act of terrorism, natural disaster, or other 
emergency. The Secretary shall require the State or urban area 
to update, implement, and exercise the catastrophic emergency 
plan as necessary.
  (b) Requirements.--Each catastrophic emergency plan required 
under this section, with respect to a State or urban area, 
shall include--
          (1) evacuation and sheltering in place procedures for 
        the general population of the State or urban area;
          (2) the procedures in place to address the pre-
        positioning of food, medical and fuel supplies;
          (3) the evacuation and sheltering in place procedures 
        for populations with special needs, including persons 
        with disabilities, health problems, language barriers, 
        and income barriers, the elderly, children, and 
        individuals with pets, service animals, or farm 
        animals;
          (4) sheltering options for displaced populations;
          (5) the augmentation of response resources;
          (6) regional planning, mutual aid agreements, and 
        requests for assistance that can meet urgent needs;
          (7) the adequacy of delivery networks for critical 
        services and supplies;
          (8) the degree to which the plan is mutually 
        supportive among contiguous jurisdictions and States;
          (9) the use of all available and appropriate 
        transportation modes and resources, including the 
        identification of routes of egress and ingress, and 
        destinations;
          (10) the changes in authorities or regulations which 
        may be necessary for the plan to meet the demands of a 
        catastrophic event;
          (11) contingency plans for the survivability, 
        sustainability, and interoperability of emergency 
        communications systems;
          (12) procedures for disseminating timely and accurate 
        public alerts and warnings;
          (13) procedures and policies for the continuity of 
        operations for government and other essential services; 
        and
          (14) search and rescue procedures for populations 
        with special needs, including persons with 
        disabilities, health problems, language barriers, and 
        income barriers, the elderly, children, and individuals 
        with pets, service animals, or farm animals.
  (c) Consistency.--A catastrophic emergency plan required 
under this section shall be consistent with, and support the 
implementation of--
          (1) any applicable State or urban area homeland 
        security strategy or plan; and
          (2) the National Incident Management System, the 
        National Response Plan, the National Preparedness Goal, 
        the National Preparedness Guidance, the National 
        Infrastructure Protection Plan, and other such national 
        initiatives as may be determined by the Secretary.
  (d) Peer Review Certification.--
          (1) Development of regional plans.--Each Regional 
        Director for Emergency Management under section 504, in 
        coordination with the Assistant Secretary for Grants 
        and Planning, shall develop a process of peer review 
        for any catastrophic emergency plan submitted under 
        subsection (a) by a State or urban area in the 
        geographical area in which the Regional Office directed 
        by that Regional Director for Emergency Management is 
        located.
          (2) Deadline for submission of plans.--Not later than 
        one year after the date of the enactment of the 
        National Emergency Management Reform and Enhancement 
        Act of 2006, each Regional Director for Emergency 
        Management shall submit a plan to the National Advisory 
        Council on Emergency Management describing the peer 
        review process developed by the Regional Director for 
        Emergency Management. The National Advisory Council on 
        Emergency Management shall review and approve or 
        disapprove each such plan.
  (e) Remedial Action.--Not later than 90 days after completion 
of exercises under subsection (a), the Secretary, in 
consultation with the Assistant Secretary for Training and 
Exercises, shall develop a lessons learned and remedial action 
strategy for catastrophic planning.
  (f) Consultation.--In developing the catastrophic emergency 
plan required under this section, a State or urban area shall 
consult with and seek appropriate comments from--
          (1) local governments within the urban area or State;
          (2) a geographic and substantive cross section of 
        emergency 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); and
          (3) locally governed multijurisdictional councils of 
        governments and regional planning commissions.

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. HOMELAND SECURITY EDUCATION PROGRAM.

  (a) Establishment.--The Secretary, acting through the 
Assistant Secretary for Training and Exercises, shall establish 
a graduate-level Homeland Security Education Program in the 
National Capital Region to provide educational opportunities to 
senior Federal officials and selected State and local officials 
with homeland security and emergency management 
responsibilities.
  (b) Leveraging of Existing Resources.--To maximize efficiency 
and effectiveness in carrying out the Program, the Secretary 
shall use existing Department-reviewed Master's Degree 
curricula in homeland security, including curricula pending 
accreditation, together with associated learning materials, 
quality assessment tools, digital libraries, exercise systems 
and other curriculum components already being delivered by 
Federal, State, and private universities and educational 
facilities, including the National Domestic Preparedness 
Consortium, the National Fire Academy, and the Emergency 
Management Institute.
  (c) Student Enrollment.--
          (1) Sources.--The student body of the Program shall 
        include officials from Federal, State, tribal, and 
        local governments, and from other sources designated by 
        the Under Secretary for Emergency Management.
          (2) Enrollment priorities and selection criteria.--
        The Under Secretary for Emergency Management shall 
        establish policies governing student enrollment 
        priorities and selection criteria that are consistent 
        with the mission of the Program.
          (3) Diversity.--The Secretary shall take reasonable 
        steps to ensure that the student body represents 
        racial, gender, and ethnic diversity.
  (d) Service Commitment.--
          (1) In general.--Before any employee selected for the 
        Program may be assigned to such education, the employee 
        shall agree in writing to--
                  (A) continue in the service of the agency 
                sponsoring the employee during the two-year 
                period beginning on the date on which the 
                employee completes the program, unless the 
                employee is involuntarily separated from the 
                service of that agency for reasons other than 
                reduction in force; and
                  (B) pay to the Government the amount of the 
                additional expenses incurred by the Government 
                in connection with the employee's education if 
                the employee is voluntarily separated from the 
                service to the agency before the end of the 
                period described in subparagraph (A).
          (2) Payment of expenses.--
                  (A) Exemption.--An employee who leaves the 
                service of the sponsoring agency to enter into 
                the service of another agency in any branch of 
                the Government shall not be required to make a 
                payment under paragraph (1)(B), unless the head 
                of the agency that sponsored the education of 
                the employee notifies the employee before the 
                date on which the employee enters the service 
                of the other agency that payment is be required 
                under that paragraph.
                  (B) Amount of payment.--If an employee is 
                required to make a payment under paragraph 
                (1)(B), the agency that sponsored the education 
                of the employee shall determine the amount of 
                the payment, except that such amount may not 
                exceed the pro rata share of the expenses 
                incurred for the time remaining in the two-year 
                period.
          (3) Recovery of payment.--If an employee who is 
        required to make a payment under this subsection does 
        not make the payment, a sum equal to the amount of the 
        expenses incurred by the Government for the education 
        of that employee is recoverable by the Government from 
        the employee or his estate by--
                  (A) setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount 
                due the employee from the Government; or
                  (B) such other method as is provided by law 
                for the recovery of amounts owing to the 
                Government.

SEC. 527. OFFICE OF PUBLIC AND COMMUNITY PREPAREDNESS.

  (a) In General.--There is in the Directorate of Emergency 
Management an Office of Public and Community Preparedness.
  (b) Director.--The Office shall be headed by a Director, who 
shall be appointed by the Secretary. The Director shall report 
directly to the Assistant Secretary for Grants and Planning.
  (c) Components.--The Office of Public and Community 
Preparedness shall consist of the following:
          (1) The various component programs of the Citizen 
        Corps, including Community Emergency Response Teams, 
        Fire Corps, Volunteers in Police Service, USA on Watch, 
        and the Medical Reserve Corps.
          (2) The Internet website known as Ready.gov and the 
        components of that website, including Ready Businesses, 
        Ready Kids, and Listo.
          (3) Such other duties relating to community, public, 
        and citizen preparedness as the Secretary may provide.
  (d) Responsibilities.--The Director of the Office of Public 
and Community Preparedness, in coordination with and support of 
the Regional Directors of Emergency Management under section 
504, shall have the primary responsibility within the 
Department for assisting the efforts of State, local, and 
tribal governments in preparing citizens and communities in the 
United States for acts of terrorism, natural disasters, and 
other emergencies, including primary responsibility for each of 
the following:
          (1) Coordinating and supporting public and community 
        preparedness efforts at all levels of Government.
          (2) Serving as the principal advisor to the Secretary 
        on public and community preparedness issues.
          (3) Developing guidance on citizen preparedness for 
        grants to State, local, and tribal governments.
          (4) Providing, through the Regional Offices under 
        section 504, State, local, and tribal Citizen Corps 
        Councils with tools, information, and technical 
        assistance to connect local and national citizen 
        preparedness efforts.
          (5) Directing, managing, and implementing all 
        programs associated with the entities under subsection 
        (c).
          (6) Establishing specialized preparedness programs 
        for at-risk communities under subsection (e).
          (7) Ensuring coordination with private sector 
        entities, faith-based groups, other nongovernmental 
        organizations, special needs groups, emergency 
        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.

                     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; and
                  (J) reviewing other matters pertaining to the 
                NIMS and the NRP as the Secretary may require.
          (2) Developing a national program for NIMS and NRP 
        education and awareness, including specific instruction 
        on the purposes of the NIMS and the NRP and 
        responsibilities of the NIC.
          (3) Promoting the compatibility between national 
        voluntary consensus standards for the NIMS and the NRP 
        and such standards developed by other public, private, 
        or professional groups.
          (4) Facilitating the development and publication of 
        materials and standardized templates to support the 
        implementation and continuous refinement of the NIMS 
        and the NRP.
          (5) Developing performance measures and assessment 
        criteria for the various components of the NIMS and the 
        NRP and compliance requirements and compliance 
        timelines for implementation by Federal, State, local, 
        and tribal entities.
          (6) Establishing a peer review process for NIMS 
        compliance certifications that verifies the 
        satisfaction of training, planning, exercising, and 
        other activities.
          (7) Defining, in consultation with the Assistant 
        Secretary for Training and Exercises, the general 
        training requirements and the national training 
        standards and course curricula associated with the NIMS 
        and the NRP.
          (8) Facilitating the development of national 
        voluntary consensus standards, guidelines, and 
        protocols for incident management training and 
        exercises, including consideration of existing exercise 
        and training programs at all levels of government.
          (9) Facilitating the establishment and maintenance of 
        a publication management system for documents 
        supporting the NIMS and the NRP and other related 
        publications and materials related to the NIMS and the 
        NRP, including the development or coordination of 
        general publications.
          (10) Reviewing and certifying, in coordination with 
        accrediting organizations and in consultation with 
        Federal, State, local, tribal, private-sector, and 
        nongovernmental entities, the discipline-specific 
        publication management requirements submitted by 
        professional organizations and associations.
          (11) Facilitating the development and publication of 
        national voluntary consensus standards, guidelines, and 
        protocols for the qualification and certification of 
        emergency 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) 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 National Emergency Management 
        Reform and Enhancement Act of 2006.
  (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 National Emergency 
        Management Reform and Enhancement Act of 2006;
          (2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program;
          (3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
          (4) coordinate, as appropriate, with the Assistant 
        Secretary for Cybersecurity and Telecommunications, 
        regarding the administration of the National 
        Communications System;
          (5) conduct extensive, nationwide outreach and foster 
        the development of interoperable emergency 
        communications capabilities by State, regional, local, 
        and tribal governments and public safety agencies;
          (6) provide technical assistance to State, regional, 
        local, and tribal officials with respect to use of 
        interoperable emergency communications capabilities;
          (7) facilitate the creation of Regional Emergency 
        Communications Coordination Working Groups under 
        section 565;
          (8) promote the development of standard operating 
        procedures with respect to use of interoperable 
        emergency communications capabilities for incident 
        response and facilitate the sharing of information on 
        best practices (including from governments abroad) for 
        achieving, maintaining, and enhancing interoperable 
        emergency communications capabilities for such 
        response;
          (9) coordinate the establishment of a national 
        response capability with initial and ongoing planning, 
        implementation, and training for the deployment of 
        backup communications services in the event of a 
        catastrophic loss of local and regional emergency 
        communications services;
          (10) assist the President, the National Security 
        Council, the Homeland Security Council, the Director of 
        the Office of Science and Technology Policy, and the 
        Director of the Office of Management and Budget in 
        ensuring the operability of the telecommunications 
        functions and responsibilities of the Federal 
        Government;
          (11) establish requirements for total and 
        nonproprietary interoperable emergency communications 
        capabilities for all public safety radio and data 
        communications systems and equipment;
          (12) help to establish an integrated national public 
        alert and warning system that incorporates legacy 
        systems; and
          (13) review, in consultation with Assistant Secretary 
        for Grants and Planning, all interoperable emergency 
        communications plans of Federal, State, local, and 
        tribal governments, including Statewide and tactical 
        interoperability plans.
  (d) Performance of Previously Transferred Functions.--There 
is transferred to the Secretary the authority to administer, 
through the Assistant Secretary for Emergency Communications, 
the following:
          (1) The SAFECOM Program.
          (2) The responsibilities of the Chief Information 
        Officer related to the implementation of the Integrated 
        Wireless Network.
          (3) The Interoperable Communications Technical 
        Assistance Program.
  (e) Coordination.--The Assistant Secretary shall coordinate, 
as appropriate, with the Director of the Office for 
Interoperability and Compatibility the responsibilities 
described in section 104 of the National Emergency Management 
Reform and Enhancement Act of 2006.
  (f) Sufficiency of Resources 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, may prohibit any State, local, or 
        tribal government from using Federal homeland security 
        assistance administered by the Department to achieve, 
        maintain, or enhance interoperable emergency 
        communications capabilities, if--
                  (A) such government has not complied with the 
                requirement to submit a Statewide Interoperable 
                Communications Plans as required by section 
                7303(f) of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (6 U.S.C. 
                194(f)); and
                  (B) as of the date that is three years after 
                the date of the enactment of this section, 
                national voluntary consensus standards for 
                interoperable emergency communications 
                capabilities have not been developed and 
                promulgated.
          (2) Standards.--The Secretary, in coordination with 
        other Federal departments and agencies with 
        responsibility for standards shall develop, promulgate, 
        and revise national voluntary consensus standards on 
        interoperable emergency communications within 4 years 
        after the date of the enactment of this section, if the 
        requirements of paragraph (1)(B) have not been 
        satisfied.
  (c) Transfer of Functions.--Not later than 60 days after the 
date of the enactment of this subsection, the President shall 
transfer to the Assistant Secretary for Emergency 
Communications the functions authorized by section 3006 of the 
Deficit Reduction Act of 2006 (Public Law 109-71; 120 Stat. 
24), including the authority to borrow under 3006(b) of that 
Act.

SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

  (a) In General.--There is in each Regional Office under 
section 504 a Regional Emergency Communications Coordination 
Working Group (in this section referred to as an ``RECC Working 
Group'').
  (b) Subject Matter Experts.--The RECC Working Group shall 
consist of the following:
          (1) Non-federal.--Organizations representing the 
        interests of the following:
                  (A) State officials.
                  (B) Local 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--Emergency Logistics

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. NATIONAL ASSET INVENTORY PROGRAM.

  (a) Establishment.--The Secretary, acting through the Under 
Secretary for Emergency Management and in coordination with the 
heads of other appropriate Federal departments and agencies, 
shall establish a National Asset Inventory Program for the 
purpose of managing and deploying Federal capabilities in 
response to acts of terrorism, natural disasters, and other 
emergencies.
  (b) Inventory.--In accordance with the requirements of 
section 611(h)(1)(C) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5196(h)(1)(C)), the 
National Asset Inventory Program shall develop and maintain an 
inventory of Federal response capabilities and corresponding 
assets and resources. Such inventory shall include--
          (1) the performance parameters of each capability;
          (2) the 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.
  (c) Military Capabilities.--The Secretary of Defense shall 
provide to the Secretary a description of the functions and 
capabilities of any entity of the Department of Defense that 
may be used to provide support to civil authorities in 
responding to acts of terrorism, natural disasters, or other 
emergencies.
  (d) Database.--The Secretary, acting through the Under 
Secretary for Emergency Management, shall establish an 
inventory database to allow--
          (1) real-time exchange of information regarding 
        capabilities, assets, and resources, readiness, or the 
        compatibility of equipment;
          (2) easy identification and rapid deployment during 
        an incident; and
          (3) the sharing of inventories across jurisdictions.
  (e) Force Packages.--The Secretary, acting though the Under 
Secretary for Emergency Management, shall certify on an annual 
basis that Federal departments and agencies with primary or 
supporting agency responsibilities under an emergency support 
function of the National Response Plan have developed and 
maintained force packages of rapidly deployable Federal 
capabilities.
  (f) Logistics Support Centers.--The Secretary, acting through 
the Under Secretary and in coordination with other Federal 
departments and agencies and State, local, and tribal 
governments, shall identify physical locations in selected 
geographic areas that could be used as logistics support 
centers for receiving, staging, and integrating Federal 
capabilities in the event of acts of terrorism, natural 
disasters, and other emergencies.
  (g) Coordination.--In carrying out the activities of the 
program under this section, the Under Secretary shall consult 
with the Administrator of the Emergency Management Assistance 
Compact to ensure effective coordination of efforts in 
responding to requests for assistance.

SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO 
                    MAJOR DISASTERS AND EMERGENCY ASSISTANCE 
                    ACTIVITIES.

  (a) Establishment of Database.--The Secretary, acting through 
the Under Secretary for Emergency Management and in 
coordination with the Regional Directors under section 504, 
shall establish and maintain a database that contains 
information about small business entities for purposes of 
Federal contracting related to assistance activities conducted 
in response to and recovery from acts of terrorism, natural 
disasters, and other emergencies.
  (b) Included Information.--The database under subsection (a) 
shall include the following information about each small 
business entity included in the database:
          (1) The name of the small business entity.
          (2) The location of the small business entity.
          (3) The area served by the small business entity.
          (4) The type of good or service provided by the small 
        business entity.
          (5) Whether the small business entity is--
                  (A) a small business entity owned and 
                controlled by socially and economically 
                disadvantaged individuals;
                  (B) a small business entity owned and 
                controlled by women; or
                  (C) a small business entity owned and 
                controlled by service-disabled veterans.
  (c) Source of Information.--
          (1) Submission.--The database may only contain such 
        information about a small business entity as is 
        submitted by the small business entity.
          (2) Attestation.--Each small business entity 
        submitting information to the database shall submit--
                  (A) an attestation that the information 
                submitted is true; and
                  (B) documentation supporting such 
                attestation.
          (3) Verification.--The Secretary shall verify only 
        that the documentation submitted by each small business 
        entity supports the information submitted by that small 
        business entity.
  (d) Availability of Database.--The Secretary shall make the 
database generally available on the Internet website of the 
Department.
  (e) Consultation of Database.--Before awarding a Federal 
contract for a disaster-related activity, a component of the 
Department shall consult the database established under this 
section.
  (f) Database Integration.--The Secretary shall integrate the 
database established under this section into any other 
procurement-related database maintained by the Secretary.
  (g) Definitions.--For purposes of this section, the terms 
``small business entity'', ``small business entity owned and 
controlled by socially and economically disadvantaged 
individuals'', ``small business entity owned and controlled by 
women'', and ``small business entity owned and controlled by 
service-disabled veterans'' shall have the meanings given the 
terms ``small business concern'', ``small business concern 
owned and controlled by socially and economically disadvantaged 
individuals'', ``small business concern owned and controlled by 
women'', and ``small business concern owned and controlled by 
service-disabled veterans'' respectively under the Small 
Business Act (15 U.S.C. 631 et seq.).

SEC. 584. FRAUD PREVENTION TRAINING PROGRAM.

  (a) Training Program Required.--The Secretary, acting through 
the Under Secretary for Emergency Management, shall develop and 
implement a program to provide training on the prevention of 
waste, fraud, and abuse of Federal assistance funds and 
services during the response to or recovery from acts of 
terrorism, natural disasters, or other emergencies and ways to 
identify such potential waste, fraud, and abuse.
  (b) Individuals Eligible for Training.--Under the training 
program required under subsection (a), the Secretary may 
provide training to--
          (1) employees, contractors, and volunteers of the 
        Federal Government;
          (2) employees and volunteers of any State, local, or 
        tribal government entity; and
          (3) employees and volunteers of 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.

SEC. 585. 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.

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


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 
Inspector General of the Department for 30 days must be 
immediately reported to Congress by the Inspector General of 
the Department.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
     UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

          [Subtitle A--Coordination with Non-Federal Entities

[SEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

  [(a) Establishment.--There is established within the Office 
of the Secretary the Office for State and Local Government 
Coordination, to oversee and coordinate departmental programs 
for and relationships with State and local governments.
  [(b) Responsibilities.--The Office established under 
subsection (a) shall--
          [(1) coordinate the activities of the Department 
        relating to State and local government;
          [(2) assess, and advocate for, the resources needed 
        by State and local government to implement the national 
        strategy for combating terrorism;
          [(3) provide State and local government with regular 
        information, research, and technical support to assist 
        local efforts at securing the homeland; and
          [(4) develop a process for receiving meaningful input 
        from State and local government to assist the 
        development of the national strategy for combating 
        terrorism and other homeland security activities.]

Subtitle B--Inspector General

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


Subtitle F--Federal Emergency Procurement Flexibility

           *       *       *       *       *       *       *


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.

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.

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 875. MISCELLANEOUS AUTHORITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


[SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

  [(a) Establishment.--
          [(1) In General.--There is established within the 
        Office of the Secretary 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 established under 
        paragraph (1) shall be headed by a Director, who shall 
        be appointed by the Secretary.
          [(3) Cooperation.--The Secretary shall cooperate with 
        the Mayor of the District of Columbia, the Governors of 
        Maryland and Virginia, and other State, local, and 
        regional officers in the National Capital Region to 
        integrate the District of Columbia, Maryland, and 
        Virginia into the planning, coordination, and execution 
        of the activities of the Federal Government for the 
        enhancement of domestic preparedness against the 
        consequences of terrorist attacks.
  [(b) Responsibilities.--The Office established under 
subsection (a)(1) shall--
          [(1) coordinate the activities of the Department 
        relating to the National Capital Region, including 
        cooperation with the Office for State and Local 
        Government Coordination;
          [(2) assess, and advocate for, the resources needed 
        by State, local, and regional authorities in the 
        National Capital Region to implement efforts to secure 
        the homeland;
          [(3) provide State, local, and regional authorities 
        in the National Capital Region with regular 
        information, research, and technical support to assist 
        the efforts of State, local, and regional authorities 
        in the National Capital Region in securing the 
        homeland;
          [(4) develop 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) coordinate with Federal agencies in the National 
        Capital Region on terrorism preparedness, to ensure 
        adequate planning, information sharing, training, and 
        execution of the Federal role in domestic preparedness 
        activities;
          [(6) coordinate with Federal, State, local, and 
        regional agencies, and the private sector in the 
        National Capital Region on terrorism preparedness to 
        ensure adequate planning, information sharing, 
        training, and execution of domestic preparedness 
        activities among these agencies and entities; and
          [(7) serve 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 Office established under subsection 
(a) shall submit an annual report to Congress that includes--
          [(1) the identification of the 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; and
          [(3) recommendations to Congress regarding the 
        additional resources needed to fully implement homeland 
        security efforts in the National Capital Region.
  [(d) Limitation.--Nothing contained in this section shall be 
construed as limiting the power of State and local 
governments.]

           *       *       *       *       *       *       *

                              ----------                              


PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *


 TITLE XXVIII--NATIONAL PREPAREDNESS FOR BIOTERRORISM AND OTHER PUBLIC 
HEALTH EMERGENCIES

           *       *       *       *       *       *       *


Subtitle B--Emergency Preparedness and Response

           *       *       *       *       *       *       *


SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO 
                    BIOTERRORISM AND OTHER PUBLIC HEALTH EMERGENCIES.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Authorization Of Appropriations.--For the purpose of 
providing for the Assistant Secretary for Public Health 
Emergency Preparedness and the operations of the National 
Disaster Medical System, other than purposes for which amounts 
in the Public Health Emergency Fund under section 319 are 
available, there are authorized to be appropriated [such sums 
as may be necessary for each of the fiscal years 2002 through 
2006.] $85,000,000 for each of the fiscal years 2007 through 
2010.

           *       *       *       *       *       *       *

                              ----------                              


                     NATIONAL SECURITY ACT OF 1947

TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *


     APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED 
                               ACTIVITIES

Sec. 106. (a) * * *
  (b) Concurrence of DNI in Appointments to Positions in the 
Intelligence Community.--(1) * * *
  (2) Paragraph (1) applies to the following positions:
          (A) * * *

           *       *       *       *       *       *       *

          [(I) The Assistant Secretary of Homeland Security for 
        Information Analysis.]
          (I) The Under Secretary of Homeland Security for 
        Intelligence and Analysis.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 7306 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 
                                  2004

SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.

  (a) Findings.--Congress makes the following findings:
          (1) Under section 201 of the Homeland Security Act of 
        2002 (6 U.S.C 121), the Department of Homeland 
        Security,through the [Under Secretary for Information 
        Analysis and Infrastructure Protection] Under Secretary 
        for Intelligence and Analysis, has the responsibility--
                  (A) * * *

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 5351, the National Emergency Management Reform and 
Enhancement Act reflects long-standing efforts by the Democrats 
on the House Homeland Security Committee to reorganize, 
refocus, and reform the Federal Emergency Management Agency 
(FEMA). In February of 2006, Democrats on the Committee 
released a report on FEMA reform and a legislative solution 
designed to address some of the fundamental problems affecting 
federal emergency management. (See ``Redirecting FEMA Toward 
Success,'' available at http://hsc-democrats.house.gov/HS/
Investigations+and+Reports). This report found that in spite of 
the uniqueness of each national disaster, there are certain 
characteristics that mark every successful federal response 
throughout the history of FEMA. The report suggested the 
following structural changes to ensure the effectiveness of 
future responses:
          1. FEMA must be led by a director statutorily 
        required to possess experience in emergency management;
          2. The FEMA director must report directly to the 
        President during incidents of national significance; 
        and
          3. FEMA must operate in accord with the emergency 
        management cycle--requiring the re-unification of 
        preparedness, response, recovery, and mitigation 
        efforts.
    On March 1, 2006, Ranking Member Bennie G. Thompson, along 
with 12 original co-sponsors, introduced H.R. 4840, the 
``PREPARE Act,'' to implement the recommendations from the 
report. We are pleased that these Democratic ideas now enjoy 
bipartisan support and are the foundation of H.R. 5351, the 
National Emergency Management Reform and Enhancement Act.
    With that said, the simple truth is that Congress, having 
created the Department of Homeland Security, should not now 
have to be faced with legislating additional changes because of 
poor internal reorganizations ordered by the Secretary of 
Homeland Security. This legislation is necessary because the 
Administration mishandled the process of integrating FEMA into 
the new Department. While many experts advocated for a 
Department of Homeland Security with a robust FEMA at its core, 
this vision never came to pass. FEMA (which was also known as 
the Emergency Preparedness & Response Directorate) was never 
given authority to manage the more than $3.5 billion in 
preparedness grants and training for emergency responders.
    The efforts to ensure effective emergency management 
capability were further undermined when, as part of his Second 
Stage Review (2SR), Secretary Chertoff split preparedness and 
response into separate directorates. Specifically, Secretary 
Chertoff abolished the EP&R; Directorate, made FEMA a separate 
operational response and recovery unit reporting directly to 
the Secretary, and transferred FEMA's remaining preparedness 
functions to a new Directorate of Preparedness. Thus, FEMA was 
stripped of many of its remaining preparedness grant programs--
and with that, the ability to maintain its once-strong 
relationships with state, local, and private sector emergency 
managers and responders. The result was that in the days after 
Hurricane Katrina struck, federal emergency managers were in 
the awkward position of exchanging business cards with their 
state and local counterparts.
    Time and again, Republican Administrations have used FEMA 
as a dumping ground for political cronies. The serial disregard 
for FEMA has given us Directors such as Wallace Stickney, Louis 
Giuffrida and Michael Brown. It was President Clinton who 
recognized both the importance of emergency management 
experience and the need for qualified leadership.
    We are pleased that the Majority has recognized and is 
willing to codify the common-sense requirement that FEMA's 
leadership be selected based on what an individual knows, not 
who he or she knows. We are also pleased that the Majority has 
recognized that FEMA's regional office structure needs to be 
re-energized and strengthened. Finally, we appreciate the 
Majority's recognition of the importance of a well-funded, 
autonomous and all-hazards FEMA.
    In addition to the PREPARE Act, Democrats have long 
championed the need for a substantive federal interoperability 
plan. In 2004, Ms. Lowey proposed the basis for what was 
included in the interoperability strategy component of the 
bill. Democrats have consistently pushed the Department to make 
interoperability a priority, and this legislation represents 
the first time the Majority has agreed to move forward on the 
Democratic proposal.
    We are also pleased that the bill includes an authorization 
of the Chief Medical Officer's office, which will have primary 
responsibility within the Department for medical issues related 
to acts of terrorism, natural disasters, and other emergencies. 
This language in the bill closely mirrors legislation drafted 
by Mr. Langevin, H.R. 4632, the ``Chief Medical Officer 
Authorization Act.'' H.R. 5351 also includes provisions 
throughout, which were put forth by Mr. Langevin that ensure 
that disabilities groups are involved in the emergency planning 
process.
    In order to enhance H.R. 5351, Democratic Members of the 
Committee offered numerous amendments which were accepted by 
the Majority prior to markup and which were incorporated into 
the Amendment in the Nature of a Substitute offered jointly by 
Chairman King and Ranking Member Thompson. These amendments 
greatly strengthened H.R. 5351 and are discussed below.
    Ranking Member Thompson offered language to give the 
Director of FEMA oversight authority for contracts to 
preposition necessary goods and services in case of an Incident 
of National Significance, and to ensure small business 
participation in these contracts.
    Mr. Pascrell and Ms. Sanchez offered amendments that 
resulted in the authorization of $360 million for the 
successful Emergency Management Performance Grant program. This 
grant program is critical to state and local emergency managers 
to plan for any type of disaster. While we believe that the 
authorization for this crucial--and effective--program should 
be even higher, we are very pleased with the Committee's 
bipartisan support for this program.
    Mr. Etheridge offered three amendments, two of which seek 
to mitigate the significant reporting and certification 
obligations that come with grants and other assistance that the 
Department provides. Specifically, these amendments require 
that the Department take steps to identify and eliminate 
duplicative reporting and certifications imposed upon state and 
local recipients of federal grants and assistance. It also 
requires that the Department determine whether some existing 
reports can be adapted to fulfill multiple reporting 
obligations. Mr. Etheridge's third amendment addressed the 
eligibility of public elementary and secondary schools for 
federal homeland security grants. In the past, such schools 
have been wrongly denied homeland security grants because the 
Homeland Security Act of 2002 does not specifically state their 
eligibility. This amendment makes clear that such schools are--
and always have been--eligible for homeland security grants.
    Ms. Sanchez offered an amendment which resulted in 
authorizing $40 million for Urban Search and Rescue teams, 
twice the current funding level, and an amendment requiring the 
Department to report to Congress on the efficacy of these and 
other grant programs. Another amendment offered by Ms. Sanchez 
will increase the focus of the Department's infrastructure 
protection activities as they relate to natural disasters. 
While we agree that the Department must continue to concentrate 
on preventing, preparing for, and responding to acts of 
terrorism, it must also begin to take an all hazards approach 
with regard to critical infrastructure protection. As 
Hurricanes Katrina and Rita demonstrated, catastrophic natural 
disasters can severely impact the United States and our 
economy. We believe, however, that there is room for 
improvement both in the language of the bill and the Department 
itself.
    Mr. Markey, along, with Ms. Sanchez, offered an amendment 
which authorized $60 million for the Metropolitan Medical 
Response System (MMRS). The MMRS is comprised of local teams 
that develop or enhance existing emergency preparedness systems 
to effectively respond to a public health crisis, especially an 
event involving a weapon of mass destruction.
    The majority also agreed to incorporate an amendment 
offered by Ms. Harman which establishes a public-private sector 
planning and response pilot program to identify a network of 
critical resources in a region having significant risk of both 
terrorism and catastrophic disaster. Mr. DeFazio's amendment, 
mandating a deadline by which the Department completes of the 
baseline study on interoperable communications system and 
networks nationwide, was also incorporated into the amendment 
in the nature of a substitute.
    We recognize that FEMA--and the federal government--needs 
to prepare for the next crisis, not just reacting to the last 
disaster. To this end, Ms. Lowey presented language requiring a 
National Pandemic Influenza Exercise Program. This exercise 
will simulate the response to a nation-wide outbreak of highly 
pathenogenic influenza in birds, and a response to a nation-
wide outbreak of highly pathenogenic influenza in humans. Ms. 
Lowey also offered amendment language directing the Government 
Accountability Office provide Congress with a staffing and 
resources assessment for an effective office for emergency 
communications.
    Ms. Lowey also introduced an amendment stating the sense of 
Congress that in carrying out the responsibilities and 
authorities of the Department relating to the SAFECOM Program, 
the Assistant Secretary of Homeland Security for Emergency 
Communications work with the National Institute of Standards 
and Technology to implementing Project 25 Compliance Assessment 
Program.
    Ms. Lofgren offered an amendment which will strengthen the 
office of the Assistant Secretary for Cyber-Security. 
Previously, this position had not been authorized. This bill 
authorizes the position, and defines the Assistant Secretary's 
role and responsibilities.
    Ms. Jackson-Lee offered several provisions to the bill that 
were aimed at improving the Regional offices' familiarity with 
the demographic population they serve, specifying the 
qualification requirements of the Chief Medical Officer and the 
Deputy Chief Medical Officer, and increasing the meeting 
requirements of the Advisory Council from every other year to 
twice-a-year. The Committee also adopted a provision suggested 
by Ms. Jackson-Lee that clarifies that private sector members 
of the Advisory Council include nongovernmental organizations, 
educational institutions, social action agencies, and faith-
based organizations. In the interest of increasing transparency 
at the Department, the Committee incorporated language that 
calls for the Department to post on its website the report 
regarding the Independent Private Sector Inspectors General's 
effectiveness in preventing waste, fraud, and abuse in 
contracts of goods and services regarding the September 11, 
2001 terrorism attacks. Ms. Jackson-Lee language regarding the 
creation of a database of minority vendors and contractors was 
reflected in the provisions offered by Mr. Thompson.
    In order to ensure the independence and strengthened role 
of the FEMA Director/Undersecretary for Emergency Management, 
Mr. Meek offered an amendment which gives the FEMA Director/
Undersecretary for Emergency Management a role in the selection 
of the Principal Federal Officer (PFO). Specifically, the 
agreed-to language provides that when a PFO is appointed, the 
Secretary of Homeland Security shall coordinate with the FEMA 
Director/Undersecretary for Emergency. Previously, under the 
National Response Plan, the PFO was selected by the Secretary.
    Ms. Christensen raised the question of whether the Bill 
addresses Territorial, as well as State, local, and tribal 
governments. The Committee Report reflects that bill does 
address Territorial governments, and the definition of 
``States'' in the Homeland Security Act includes Territories of 
the United States.
    In addition to working with the Majority on the overall 
content of H.R. 5351, we are pleased that the Majority 
incorporated many additional ideas to improve this bill.
    None of the amendments discussed above were introduced 
separately in markup because they were integrated into the 
amendment in the nature of a substitute.
    A few proposals were not accepted. Mr. DeFazio offered an 
amendment that would have limited the number of political 
appointees within FEMA. As discussed above, FEMA has too often 
been the dumping ground for political cronies, and the 
Department as a whole is top-heavy with such appointees.
    Ms. Lowey offered and withdrew an amendment which would 
have authorized $5 billion over the next five years for the 
purchase of interoperable communication equipment. The 
President's FY 2007 budget proposed to eliminate the COPS 
Interoperability Grant Program, the only grant program 
specifically dedicated to purchasing interoperable 
communications equipment. While experts say that the problem of 
interoperability could range anywhere from $15 billion to $100 
billion nationwide, other Homeland Security Grant Programs that 
can be used to purchase this equipment have been severely cut 
by the Administration and Congress.
    We appreciate the spirit of cooperation that resulted in 
H.R. 5351. This is a bill that will ensure a FEMA that is 
better prepared to respond to acts of terrorism, natural 
disasters and other emergencies.
                                   Bennie G. Thompson, Ranking Member.
                                   Bob Etheridge, Ranking Member.
                                   Kendrick B. Meek, Ranking Member.
                                   Loretta Sanchez, Ranking Member.
                                   Bill Pascrell, Ranking Member.
                                   James R. Langevin, Ranking Member.
                                   Ed Markey, Member.
                                   Jane Harman, Member.
                                   Nita Lowey, Member.
                                   Donna M. Christian-Christensen, 
                                       Member.
                                   Peter DeFazio, Member.
                                   Sheila Jackson-Lee, Member.