[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3721 Reported in Senate (RS)]
Calendar No. 582
109th CONGRESS
2d Session
S. 3721
To amend the Homeland Security Act of 2002 to establish the United
States Emergency Management Authority, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2006
Ms. Collins (for herself, Mr. Lieberman, and Mr. Salazar) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
August 3, 2006
Reported by Ms. Collins, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish the United
States Emergency Management Authority, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Post Katrina Emergency
Management Reform Act of 2006''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title
<DELETED>Sec. 2. Table of contents
<DELETED>Sec. 3. Definitions
<DELETED>TITLE I--NATIONAL PREPAREDNESS AND RESPONSE
<DELETED>Sec. 101. United States Emergency Management Authority
<DELETED>Sec. 102. Conforming amendments relating to intelligence
reform
<DELETED>Sec. 103. Communication system grants
<DELETED>Sec. 104. Technical and conforming amendments
<DELETED>TITLE II--STAFFORD ACT AMENDMENTS
<DELETED>Sec. 201. General Federal assistance
<DELETED>Sec. 202. National Disaster Recovery Strategy
<DELETED>Sec. 203. Environmental mitigation
<DELETED>Sec. 204. Disaster housing strategy
<DELETED>Sec. 205. Essential services
<DELETED>Sec. 206. Hazard mitigation grant program formula
<DELETED>Sec. 207. Housing assistance
<DELETED>Sec. 208. Maximum amount under individual assistance programs
<DELETED>Sec. 209. Coordinating officers
<DELETED>Sec. 210. Definitions
<DELETED>Sec. 211. Catastrophic damage assistance
<DELETED>Sec. 212. Individuals with disabilities
<DELETED>Sec. 213. Disability coordinator
<DELETED>Sec. 214. Temporary housing
<DELETED>Sec. 215. GAO Study on accessibility of emergency shelters
<DELETED>Sec. 216. Reunification
<DELETED>Sec. 217. National Emergency Family Registry and Locator
System
<DELETED>Sec. 218. Federal assistance to individuals and households
<DELETED>Sec. 219. Mental health services
<DELETED>Sec. 220. Language services
<DELETED>Sec. 221. Standards for state and local emergency preparedness
operational plans
<DELETED>Sec. 222. Transportation assistance and case management
services to individuals and households
<DELETED>Sec. 223. Non-federal assistance
<DELETED>Sec. 224. Disaster coordination
<DELETED>TITLE III--STAFFING IMPROVEMENTS
<DELETED>Sec. 301. Strategic human capital plan
<DELETED>Sec. 302. Career paths
<DELETED>Sec. 303. National Homeland Security Academy
<DELETED>Sec. 304. Surge capacity force
<DELETED>Sec. 305. Establishment of Homeland Security rotation program
at the Department of Homeland Security
<DELETED>Sec. 306. Quarterly report on vacancy rate in employee
positions
<DELETED>TITLE IV--PLANNING, PREPAREDNESS, AND TRAINING
<DELETED>Sec. 401. Definition
<DELETED>Sec. 402. Emergency response framework
<DELETED>Sec. 403. Review of the National Response Plan
<DELETED>Sec. 404. Planning and preparedness
<DELETED>Sec. 405. Training and exercises
<DELETED>Sec. 406. Emergency support function assurance programs
<DELETED>TITLE V--PREVENTION OF FRAUD, WASTE, AND ABUSE DURING
EMERGENCIES
<DELETED>Sec. 501. Prohibition on excessive pass-through charges
<DELETED>Sec. 502. Fraud prevention programs
<DELETED>Sec. 503. Contingency Contracting Corps
<DELETED>Sec. 504. Verification measures for Individuals and Households
Program
<DELETED>Sec. 505. Information Technology Systems
<DELETED>Sec. 506. Registry of Debris Contractors
<DELETED>Sec. 507. Use of certain supply schedules
<DELETED>Sec. 508. Use of local firms and individuals
<DELETED>Sec. 509. Advance contracting
<DELETED>TITLE VI--MISCELLANEOUS PROVISIONS
<DELETED>Sec. 601. Authorization of appropriations
<DELETED>Sec. 602. Effective date
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act--</DELETED>
<DELETED> (1) the term ``Authority'' means the United States
Emergency Management Authority established under section 512 of
the Homeland Security Act of 2002, as amended by this
Act;</DELETED>
<DELETED> (2) the term ``Administrator'' means the
Administrator of the Authority;</DELETED>
<DELETED> (3) the term ``catastrophic incident'' means any
natural or manmade incident, including an act of terrorism,
that results in extraordinary levels of casualties or damage,
mass evacuations, or disruption severely affecting the
population, infrastructure, environment, economy, national
morale, or government functions in an area and may include an
incident with a sustained national impact over a prolonged
period of time, that may rapidly exceed resources available to
State and local government and private-sector authorities in
the impacted area, or may significantly interrupt governmental
operations and emergency services to such an extent that
national security could be threatened;</DELETED>
<DELETED> (4) the term ``Department'' means the Department
of Homeland Security;</DELETED>
<DELETED> (5) the term ``emergency response provider'' has
the same meaning given under section 2(6) of the Homeland
Security Act of 2002;</DELETED>
<DELETED> (6) the term ``Federal coordinating officer''
means a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143);</DELETED>
<DELETED> (7) the term ``individual with a disability''
means an individual with a disability as defined in section
3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2));</DELETED>
<DELETED> (8) the term ``National Advisory Council'' means
the National Advisory Council on Preparedness and Response
established under section 518 of the Homeland Security Act of
2002, as amended by this Act;</DELETED>
<DELETED> (9) the term ``National Incident Management
System'' means the National Incident Management System as
described in the National Response Plan;</DELETED>
<DELETED> (10) the term ``National Response Plan'' means the
National Response Plan prepared under Homeland Security
Presidential Directive 5 or any presidential directive meant to
replace or augment that directive;</DELETED>
<DELETED> (11) the term ``Regional Office'' means a Regional
Office established under section 517 of the Homeland Security
Act of 2002, as amended by this Act;</DELETED>
<DELETED> (12) the term ``Regional Office strike team''
means a Regional Office strike team established under section
517 of the Homeland Security Act of 2002, as amended by this
Act;</DELETED>
<DELETED> (13) the term ``Secretary'' means the Secretary of
Homeland Security; and</DELETED>
<DELETED> (14) the term ``surge capacity'' means the ability
to rapidly and substantially increase the provision of search
and rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing, including
disaster assistance employees, and other resources necessary to
save lives and protect property during a catastrophic
incident.</DELETED>
<DELETED>TITLE I--NATIONAL PREPAREDNESS AND RESPONSE</DELETED>
<DELETED>SEC. 101. UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.</DELETED>
<DELETED> Title V of the Homeland Security Act of 2002 (6 U.S.C. 311
et seq.) is amended--</DELETED>
<DELETED> (1) by striking the title heading and inserting
the following:</DELETED>
<DELETED>``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE'';</DELETED>
<DELETED> (2) by striking sections 501 through
503;</DELETED>
<DELETED> (3) by striking sections 506 and 507;</DELETED>
<DELETED> (4) by redesignating sections 504, 505, 508, and
509 as sections 536, 537, 538, and 539, respectively;</DELETED>
<DELETED> (5) by redesignating section 510 (relating to
procurement of security countermeasures for the strategic
national stockpile) as section 540;</DELETED>
<DELETED> (6) by redesignating section 510 (relating to
urban and other high risk area communications capabilities) as
section 541;</DELETED>
<DELETED> (7) by inserting before section 536, as so
redesignated by this section, the following:</DELETED>
<DELETED>``SEC. 501. DEFINITIONS.</DELETED>
<DELETED> ``In this title--</DELETED>
<DELETED> ``(1) the term `all-hazards-plus' means an
approach to preparedness, response, recovery, and mitigation
that emphasizes the development of capabilities that are common
to natural and man-made disasters, while also including the
development of capabilities that are uniquely relevant to
specific types of disasters;</DELETED>
<DELETED> ``(2) the term `Authority' means the United States
Emergency Management Authority established under section
512;</DELETED>
<DELETED> ``(3) the term `Administrator' means the
Administrator of the Authority;</DELETED>
<DELETED> ``(4) the term `catastrophic incident' means any
natural or manmade incident, including an act of terrorism,
that results in extraordinary levels of casualties or damage,
mass evacuations, or disruption severely affecting the
population, infrastructure, environment, economy, national
morale, or government functions in an area and may include an
incident with a sustained national impact over a prolonged
period of time, that may rapidly exceed resources available to
State and local government and private-sector authorities in
the impacted area, or may significantly interrupt governmental
operations and emergency services to such an extent that
national security could be threatened;</DELETED>
<DELETED> ``(5) the term `emergency communications
capabilities' means the ability to provide and maintain,
throughout an emergency response operation, a continuous flow
of information among emergency responders, agencies, and
government officials from multiple disciplines and
jurisdictions and at all levels of government, in the event of
a natural disaster, terrorist attack, or other large-scale or
catastrophic emergency, including where there has been
significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity;</DELETED>
<DELETED> ``(6) the term `Federal coordinating officer'
means a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143);</DELETED>
<DELETED> ``(7) the terms `interoperable emergency
communications system' and `communications interoperability'
mean the ability of emergency response providers and relevant
Federal, State, and local government agencies to--</DELETED>
<DELETED> ``(A) communicate with each other as
necessary, using information technology systems and
radio communications systems; and</DELETED>
<DELETED> ``(B) exchange voice, data, or video with
each other on demand, in real time, as
necessary;</DELETED>
<DELETED> ``(8) the term `National Advisory Council' means
the National Advisory Council on Preparedness and Response
established under section 518;</DELETED>
<DELETED> ``(9) the term `National Incident Management
System' means the National Incident Management System as
described in the National Response Plan;</DELETED>
<DELETED> ``(10) the term `National Response Plan' means the
National Response Plan prepared under Homeland Security
Presidential Directive 5 or any presidential directive meant to
replace or augment that directive; and</DELETED>
<DELETED> ``(11) the term `surge capacity' means the ability
to rapidly and substantially increase the provision of search
and rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing, including
disaster assistance employees, and other resources necessary to
save lives and protect property during a catastrophic incident,
or other natural or man-made disaster.</DELETED>
<DELETED>``Subtitle A--Preparedness and Response</DELETED>
<DELETED>``SEC. 511. DEFINITIONS.</DELETED>
<DELETED> ``In this subtitle--</DELETED>
<DELETED> ``(1) the term `Nuclear Incident Response Team'
means a resource that includes--</DELETED>
<DELETED> ``(A) 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</DELETED>
<DELETED> ``(B) those entities of the Environmental
Protection Agency that perform such support functions
(including radiological emergency response functions)
and related functions;</DELETED>
<DELETED> ``(2) the term `Regional Advisory Council' means a
Regional Advisory Council on Preparedness and Response
established under section 513;</DELETED>
<DELETED> ``(3) the term `Regional Administrator' means a
Regional Administrator for Preparedness and Response appointed
under section 517; and</DELETED>
<DELETED> ``(4) the term `Regional Office' means a Regional
Office established under section 517.</DELETED>
<DELETED>``SEC. 512. UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.</DELETED>
<DELETED> ``(a) In General.--There is established in the Department
the United States Emergency Management Authority, headed by an
Administrator.</DELETED>
<DELETED> ``(b) Mission.--The mission of the Authority is to--
</DELETED>
<DELETED> ``(1) lead the Nation's efforts to prepare for,
respond to, recover from, and mitigate the risks of natural and
man-made disasters, including catastrophic incidents;</DELETED>
<DELETED> ``(2) partner with State and local governments and
emergency response providers, with other Federal agencies, with
the private sector, and with nongovernmental organizations to
build a national system of emergency management that can
effectively and efficiently utilize the full measure of the
Nation's resources to respond to a catastrophic incident or
other natural or man-made disaster;</DELETED>
<DELETED> ``(3) develop a Federal response capability that,
when necessary and appropriate, can act effectively, rapidly,
and proactively to deliver assistance essential to saving lives
or protecting or preserving property or public health and
safety in a natural or man-made disaster;</DELETED>
<DELETED> ``(4) fuse the Department's emergency response,
preparedness, recovery, mitigation, and critical infrastructure
assets into a new, integrated organization that can effectively
confront the challenges of a natural or man-made
disaster;</DELETED>
<DELETED> ``(5) develop and maintain robust Regional Offices
that will work with State and local governments and emergency
response providers to identify and address regional
priorities;</DELETED>
<DELETED> ``(6) under the leadership of the Secretary,
coordinate with the Commandant of the Coast Guard, the Director
of Customs and Border Protection, the Director of Immigration
and Customs Enforcement, the National Operations Center, and
other agencies and offices in the Department to take full
advantage of the substantial range of resources in the
Department that can be brought to bear in preparing for and
responding to a natural or man-made disaster;</DELETED>
<DELETED> ``(7) carry out the provisions of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.);</DELETED>
<DELETED> ``(8) provide funding, training, exercises,
technical assistance, planning, and other assistance, to build
local, State, regional, and national capabilities, including
communications capabilities, necessary to respond to a
potential natural or man-made disaster;</DELETED>
<DELETED> ``(9) implement an all-hazards-plus strategy for
preparedness that places priority on building those common
capabilities necessary to respond to both terrorist attacks and
natural disasters while also building the unique capabilities
necessary to respond to specific types of incidents that pose
the greatest risk to our Nation; and</DELETED>
<DELETED> ``(10) promote, plan for, and facilitate the
security and resiliency of critical infrastructure and key
resources, including cyber infrastructure, against a natural or
man-made disaster, and the post-disaster restoration of such
critical infrastructure and key resources.</DELETED>
<DELETED> ``(c) Administrator.--</DELETED>
<DELETED> ``(1) In general.--The Administrator shall be
appointed by the President, by and with the advice and consent
of the Senate.</DELETED>
<DELETED> ``(2) Qualifications.--The Administrator shall
have not less than 5 years of executive leadership and
management experience in the public or private sector,
significant experience in crisis management or another relevant
field, and a demonstrated ability to manage a substantial staff
and budget.</DELETED>
<DELETED> ``(3) Reporting.--The Administrator shall report
to the Secretary, without being required to report through any
other official of the Department.</DELETED>
<DELETED> ``(4) Principal advisor on emergency preparedness
and response.--</DELETED>
<DELETED> ``(A) In general.--The Administrator is
the principal emergency preparedness and response
advisor to the President, the Homeland Security
Council, and the Secretary.</DELETED>
<DELETED> ``(B) Advice and recommendations.--
</DELETED>
<DELETED> ``(i) In general.--In presenting
advice with respect to any matter to the
President, the Homeland Security Council, or
the Secretary, the Administrator shall, as the
Administrator considers appropriate, inform the
President, the Homeland Security Council, or
the Secretary, as the case may be, of the range
of emergency mitigation, preparedness,
response, and recovery options with respect to
that matter.</DELETED>
<DELETED> ``(ii) Advice on request.--The
Administrator, as an emergency preparedness and
response advisor, shall provide advice to the
President, the Homeland Security Council, or
the Secretary on a particular matter when the
President, the Homeland Security Council, or
the Secretary requests such advice.</DELETED>
<DELETED> ``(iii) Recommendations to
congress.--After informing the Secretary, the
Administrator may make such recommendations to
Congress relating to emergency preparedness and
response as the Administrator considers
appropriate.</DELETED>
<DELETED> ``(C) Retention of authority.--Nothing in
this paragraph shall be construed as affecting the
authority of the Secretary under this Act.</DELETED>
<DELETED>``SEC. 513. AUTHORITIES AND RESPONSIBILITIES.</DELETED>
<DELETED> ``(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for and respond to a natural or man-
made disaster, including--</DELETED>
<DELETED> ``(1) carrying out the 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 preparedness and response program of--
</DELETED>
<DELETED> ``(A) mitigation, by taking sustained
actions to reduce or eliminate long-term risk to people
and property from hazards and their effects;</DELETED>
<DELETED> ``(B) preparedness, by planning, training,
and building the emergency preparedness and response
workforce to prepare effectively for, mitigate against,
respond to, and recover from any hazard;</DELETED>
<DELETED> ``(C) response, by conducting emergency
operations to save lives and property through
positioning emergency equipment, personnel, and
supplies, through evacuating potential victims, through
providing food, water, shelter, and medical care to
those in need, and through restoring critical public
services;</DELETED>
<DELETED> ``(D) recovery, by rebuilding communities
so individuals, businesses, and governments can
function on their own, return to normal life, and
protect against future hazards; and</DELETED>
<DELETED> ``(E) critical infrastructure protection,
by establishing an inventory of, and protections for,
public and private sector critical infrastructure,
including cyber and communications assets;</DELETED>
<DELETED> ``(2) increasing efficiencies, by coordinating
efforts relating to mitigation, preparedness, response,
recovery, and infrastructure protection;</DELETED>
<DELETED> ``(3) helping to ensure the effectiveness of
emergency response providers in responding to a natural or man-
made disaster;</DELETED>
<DELETED> ``(4) providing the Federal Government's response
to a natural or man-made disaster, including--</DELETED>
<DELETED> ``(A) managing such response;</DELETED>
<DELETED> ``(B) directing the Domestic Emergency
Support Team, the National Disaster Medical System, and
(when operating as an organizational unit of the
Department under this title) the Nuclear Incident
Response Team;</DELETED>
<DELETED> ``(C) overseeing the Metropolitan Medical
Response System; and</DELETED>
<DELETED> ``(D) coordinating other Federal response
resources, including requiring deployment of the
Strategic National Stockpile, in the event of a natural
or man-made disaster;</DELETED>
<DELETED> ``(5) working with Federal, State, and local
government personnel, agencies, and authorities to build a
comprehensive national incident management system to respond to
a natural or man-made disaster;</DELETED>
<DELETED> ``(6) with respect to the Nuclear Incident
Response Team (regardless of whether it is operating as an
organizational unit of the Department under this title)--
</DELETED>
<DELETED> ``(A) establishing standards and
certifying when those standards have been
met;</DELETED>
<DELETED> ``(B) conducting joint and other exercises
and training and evaluating performance; and</DELETED>
<DELETED> ``(C) providing funds to the Department of
Energy and the Environmental Protection Agency, as
appropriate, for homeland security planning, exercises
and training, and equipment;</DELETED>
<DELETED> ``(7) helping to ensure that emergency response
providers acquire interoperable and sustainable
technology;</DELETED>
<DELETED> ``(8) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.);</DELETED>
<DELETED> ``(9) administering homeland security emergency
management, first responder, and other preparedness
grants;</DELETED>
<DELETED> ``(10) administering and implementing the National
Response Plan, including monitoring, evaluating, and ensuring
the readiness of each emergency support function under the
National Response Plan;</DELETED>
<DELETED> ``(11) coordinating with the National Advisory
Council;</DELETED>
<DELETED> ``(12) ensuring the protection of critical
infrastructure by--</DELETED>
<DELETED> ``(A) carrying out the responsibilities
under paragraphs (2) through (6) of section
201(d);</DELETED>
<DELETED> ``(B) helping ensure the protection and
resiliency of key resources and critical
infrastructure, including cyber infrastructure, against
a natural or man-made disaster; and</DELETED>
<DELETED> ``(C) planning for, assisting with, and
facilitating, the restoration of key resources and
critical infrastructure, including cyber
infrastructure, in the event of a natural or man-made
disaster;</DELETED>
<DELETED> ``(13) establishing in each Regional Office a
Regional Advisory Council on Preparedness and Response, to
advise the Regional Administrator of that Regional Office on
emergency preparedness and response issues specific to the
region; and</DELETED>
<DELETED> ``(14) otherwise carrying out the mission of the
Authority as described in section 512(b).</DELETED>
<DELETED> ``(b) Additional Responsibilities Related to Catastrophic
Incidents.--</DELETED>
<DELETED> ``(1) In general.--The Administrator, in
consultation with the Secretary and other senior Department
officials, shall develop a national emergency management system
that is capable of responding to catastrophic
incidents.</DELETED>
<DELETED> ``(2) Identification of resources.--</DELETED>
<DELETED> ``(A) In general.--The Administrator shall
develop and submit to Congress annually an estimate of
the resources of the Authority and other Federal
agencies needed for and devoted specifically to
developing local, State, and national capabilities
necessary to respond to a catastrophic
incident.</DELETED>
<DELETED> ``(B) Contents.--Each estimate under
subparagraph (A) shall include the resources both
necessary for and devoted to--</DELETED>
<DELETED> ``(i) planning;</DELETED>
<DELETED> ``(ii) training and
exercises;</DELETED>
<DELETED> ``(iii) Regional Office
enhancements;</DELETED>
<DELETED> ``(iv) staffing, including for
surge capacity during a catastrophic
event;</DELETED>
<DELETED> ``(v) additional logistics
capabilities;</DELETED>
<DELETED> ``(vi) other responsibilities
under the Catastrophic Incident Annex and the
Catastrophic Incident Supplement of the
National Response Plan; and</DELETED>
<DELETED> ``(vii) State and local
catastrophic preparedness.</DELETED>
<DELETED> ``(c) All-Hazards-Plus Approach.--In carrying out the
responsibilities of this section, the Administrator shall implement an
all-hazards-plus strategy that places priority on building those common
capabilities necessary to prepare for, respond to, recover from, and
mitigate the risks of terrorist attacks and natural disasters, while
also building the unique capabilities necessary to prepare for, respond
to, recover from, and mitigate the risks of specific types of incidents
that pose the greatest risk to the Nation.</DELETED>
<DELETED>``SEC. 514. AUTHORITY COMPONENTS.</DELETED>
<DELETED> ``There are transferred to the Authority the
following:</DELETED>
<DELETED> ``(1) The Federal Emergency Management Agency, as
constituted on June 1, 2006, including all of its functions,
personnel, assets, components, and liabilities, and including
the functions of the Under Secretary for Federal Emergency
Management relating thereto.</DELETED>
<DELETED> ``(2) The Directorate of Preparedness, as
constituted on June 1, 2006, including all of its functions,
personnel assets, components, and liabilities, and including
the functions of the Under Secretary for Preparedness relating
thereto.</DELETED>
<DELETED>``SEC. 515. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.</DELETED>
<DELETED> ``(a) Distinct Entity.--The Authority shall be maintained
as a distinct entity within the Department.</DELETED>
<DELETED> ``(b) Reorganization.--Section 872 shall not apply to the
Authority, including any function or organizational unit of the
Authority.</DELETED>
<DELETED> ``(c) Prohibition on Changes to Missions.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may not
substantially or significantly reduce the authorities,
responsibilities, or functions of the Authority or the
capability of the Authority to perform those responsibilities,
except as otherwise specifically provided in an Act enacted
after the date of enactment of the Post Katrina Emergency
Management Reform Act of 2006.</DELETED>
<DELETED> ``(2) Certain transfers prohibited.--No asset,
function or mission of the Authority may be diverted to the
principal and continuing use of any other organization, unit,
or entity of the Department, except for details or assignments
that do not reduce the capability of the Authority to perform
its missions.</DELETED>
<DELETED>``SEC. 516. DIRECTORS.</DELETED>
<DELETED> ``(a) In General.--There shall be in the Authority a
Director for Preparedness and a Director for Response and Recovery,
each of whom shall be appointed by the President, by and with the
advice and consent of the Senate, and shall report to the
Administrator.</DELETED>
<DELETED> ``(b) Qualifications.--</DELETED>
<DELETED> ``(1) In general.--A Director shall have--
</DELETED>
<DELETED> ``(A) not less than 5 years of--</DELETED>
<DELETED> ``(i) executive leadership and
management experience in the public or private
sector; and</DELETED>
<DELETED> ``(ii) significant experience in
crisis management or another relevant field;
and</DELETED>
<DELETED> ``(B) a demonstrated ability to manage a
substantial staff and budget.</DELETED>
<DELETED> ``(2) Concurrent experience.--Service during any
period of time may be used in meeting the requirements under
both clause (i) and (ii) of paragraph (1)(A).</DELETED>
<DELETED> ``(c) Initial Directors.--</DELETED>
<DELETED> ``(1) In general.--Except as provided under
paragraph (2), the individual serving as the Under Secretary
for Preparedness and the individual serving as the Under
Secretary for the Federal Emergency Management Agency on the
effective date of the Post Katrina Emergency Management Reform
Act of 2006, may serve as the Director for Preparedness and the
Director of Response and Recovery, respectively, until a
Director for Preparedness or a Director of Response and
Recovery, as the case may be, is appointed under subsection
(a).</DELETED>
<DELETED> ``(2) Prior confirmation.--Paragraph (1) shall
apply if the individual is serving as the Under Secretary for
Preparedness or the Under Secretary for the Federal Emergency
Management Agency, under an appointment by the President, by
and with the advice and consent of the Senate.</DELETED>
<DELETED>``SEC. 517. REGIONAL OFFICES.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Regional offices.--The Administrator shall
establish 10 Regional Offices of the Authority.</DELETED>
<DELETED> ``(2) Additional office.--In addition to the
Regional Offices established under paragraph (1), the
Administrator may designate the Office for National Capital
Region Coordination under section 882 as a Regional
Office.</DELETED>
<DELETED> ``(b) Management of Regional Offices.--</DELETED>
<DELETED> ``(1) Regional administrator.--Each Regional
Office shall be headed by a Regional Administrator for
Preparedness and Response, who shall be appointed by the
Administrator. Each Regional Administrator for Emergency
Preparedness and Response shall report directly to the
Administrator.</DELETED>
<DELETED> ``(2) Qualifications.--Each Regional Office shall
be headed by an individual in the Senior Executive Service
qualified to act as a senior Federal coordinating officer to
provide strategic oversight of incident management when
needed.</DELETED>
<DELETED> ``(c) Responsibilities.--</DELETED>
<DELETED> ``(1) In general.--The Regional Administrator
shall work in partnership with State and local governments,
emergency managers, emergency response providers, medical
providers, the private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical area
served by the Regional Office to carry out the responsibilities
of a Regional Administrator under this section.</DELETED>
<DELETED> ``(2) Responsibilities.--The responsibilities of a
Regional Administrator include--</DELETED>
<DELETED> ``(A) ensuring effective, coordinated, and
integrated regional preparedness, mitigation, response,
and recovery activities and programs for natural and
man-made disasters (including planning, training,
exercises, and professional development);</DELETED>
<DELETED> ``(B) coordinating and integrating
regional preparedness, mitigation, response, and
recovery activities and programs for natural and man-
made disasters (including planning, training,
exercises, and professional development), which shall
include--</DELETED>
<DELETED> ``(i) providing regional and
interstate planning assistance;</DELETED>
<DELETED> ``(ii) organizing, in consultation
with the Administrator, regional training and
exercise programs;</DELETED>
<DELETED> ``(iii) providing support and
coordination officers for State and local
government training and exercises;</DELETED>
<DELETED> ``(iv) participating in emergency
preparedness and planning activities by State,
regional, and local governments;</DELETED>
<DELETED> ``(v) assisting in the development
of regional capabilities needed for a national
catastrophic response system;</DELETED>
<DELETED> ``(vi) helping to coordinate and
develop interstate agreements; and</DELETED>
<DELETED> ``(vii) coordinating the
establishment of effective regional interagency
emergency communications capabilities and
communications interoperability, and reporting
annually to the Administrator, who shall
provide the information to the Director for
Emergency Communications, on regional efforts
to achieve these goals and on regional progress
in meeting the goals of the National Emergency
Communications Strategy developed under section
535;</DELETED>
<DELETED> ``(C) establishing and overseeing 1 or
more strike teams within the region under subsection
(e), which shall serve as the focal point of the
Federal Government's initial response efforts for a
natural or man-made disaster within that region, and
otherwise building Federal response capabilities to
respond to a natural or man-made disaster within that
region;</DELETED>
<DELETED> ``(D) working with the private sector to
assess weaknesses in critical infrastructure protection
in the region and to design and implement programs to
address those weaknesses;</DELETED>
<DELETED> ``(E) designating an individual
responsible for, in conjunction with other relevant
Federal, State, and local officials, the development of
strategic and operational regional plans to respond
effectively to natural or manmade disasters in the
region in support of the National Response
Plan;</DELETED>
<DELETED> ``(F) coordinating all activities
conducted under this section with other Federal
departments and agencies; and</DELETED>
<DELETED> ``(G) performing such other duties
relating to such responsibilities as the Administrator
may require.</DELETED>
<DELETED> ``(d) Area Offices.--The Administrator shall establish an
Area Office for the Pacific and an Area Office for the Caribbean, as
components in the appropriate Regional Offices.</DELETED>
<DELETED> ``(e) Regional Office Strike Teams.--</DELETED>
<DELETED> ``(1) Establishment.--In coordination with other
relevant Federal agencies, each Regional Administrator shall
establish multi-agency strike teams that shall consist of--
</DELETED>
<DELETED> ``(A) a designated Federal coordinating
officer;</DELETED>
<DELETED> ``(B) personnel trained in incident
management;</DELETED>
<DELETED> ``(C) public affairs, response and
recovery, and communications support
personnel;</DELETED>
<DELETED> ``(D) a defense coordinating
officer;</DELETED>
<DELETED> ``(E) liaisons to other Federal
agencies;</DELETED>
<DELETED> ``(F) such other personnel as the
Administrator or Regional Administrator determines
appropriate; and</DELETED>
<DELETED> ``(G) individuals from the agencies with
primary responsibility for each of the emergency
support functions in the National Response Plan,
including the following:</DELETED>
<DELETED> ``(i) Transportation.</DELETED>
<DELETED> ``(ii) Communications.</DELETED>
<DELETED> ``(iii) Public works and
engineering.</DELETED>
<DELETED> ``(iv) Emergency
management.</DELETED>
<DELETED> ``(v) Mass care.</DELETED>
<DELETED> ``(vi) Housing and human
services.</DELETED>
<DELETED> ``(vii) Public health and medical
services.</DELETED>
<DELETED> ``(viii) Urban search and
rescue.</DELETED>
<DELETED> ``(ix) Public safety and
security.</DELETED>
<DELETED> ``(x) External affairs.</DELETED>
<DELETED> ``(2) Location of members.--The members of each
Regional Office strike team, including representatives from
agencies other than the Department, shall be based primarily at
the Regional Office that corresponds to that strike
team.</DELETED>
<DELETED> ``(3) Coordination.--Each Regional Office strike
team shall coordinate the training and exercises of that strike
team with the State and local governments and private sector
and nongovernmental entities which the strike team shall
support when a natural or man-made disaster occurs.</DELETED>
<DELETED> ``(4) Preparedness.--Each Regional Office strike
team shall be trained, equipped, and staffed to be well
prepared to respond to natural and man-made disasters,
including catastrophic incidents.</DELETED>
<DELETED>``SEC. 518. NATIONAL ADVISORY COUNCIL ON PREPAREDNESS AND
RESPONSE.</DELETED>
<DELETED> ``(a) Establishment.--Not later than 60 days after the
date of enactment of the Post Katrina Emergency Management Reform Act
of 2006, the Secretary shall establish an advisory body under section
871(a), to be known as the National Advisory Council on Preparedness
and Response.</DELETED>
<DELETED> ``(b) Responsibilities.--The National Advisory Council
shall advise the Administrator on all aspects of emergency preparedness
and response.</DELETED>
<DELETED> ``(c) Membership.--</DELETED>
<DELETED> ``(1) In general.--The members of the National
Advisory Council shall be appointed by the Administrator, and
shall, to the extent practicable, represent a geographic
(including urban and rural) and substantive cross section of
State and local government officials and emergency managers,
and emergency response providers, from State and local
governments, the private sector, and nongovernmental
organizations, including as appropriate--</DELETED>
<DELETED> ``(A) members selected from the emergency
preparedness and response fields, including fire
service, law enforcement, hazardous materials response,
emergency medical services, and emergency preparedness
and response personnel, or organizations representing
such members;</DELETED>
<DELETED> ``(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;</DELETED>
<DELETED> ``(C) experts representing standards
setting organizations;</DELETED>
<DELETED> ``(D) State and local government officials
with expertise in terrorism preparedness and emergency
preparedness and response;</DELETED>
<DELETED> ``(E) elected State and local government
executives;</DELETED>
<DELETED> ``(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;</DELETED>
<DELETED> ``(G) representatives of the disabled and
other special needs populations; and</DELETED>
<DELETED> ``(H) such other individuals as the
Administrator determines to be appropriate.</DELETED>
<DELETED> ``(d) Applicability of Federal Advisory Committee Act.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 519. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION
CENTER.</DELETED>
<DELETED> ``(a) In General.--There is in the Authority a National
Incident Management System Integration Center.</DELETED>
<DELETED> ``(b) Responsibilities.--</DELETED>
<DELETED> ``(1) In general.--The Administrator, through the
National Incident Management System Integration Center, and in
consultation with other Federal departments and agencies and
the National Advisory Council, shall ensure ongoing management
and maintenance of the National Incident Management System, the
National Response Plan, any other document or tool in support
of Homeland Security Presidential Directive 5, or any other
Homeland Security Presidential Directive relating to incident
management and response.</DELETED>
<DELETED> ``(2) Specific responsibilities.--The National
Incident Management System Integration Center shall--</DELETED>
<DELETED> ``(A) periodically review, and revise, as
appropriate, the National Incident Management System
and the National Response Plan;</DELETED>
<DELETED> ``(B) review other matters relating to the
National Incident Management System and the National
Response Plan, as the Administrator may
require;</DELETED>
<DELETED> ``(C) develop and implement a national
program for National Incident Management System and
National Response Plan education and
awareness;</DELETED>
<DELETED> ``(D) oversee all aspects of the National
Incident Management System, including the development
of compliance criteria and implementation activities at
Federal, State, and local government levels;</DELETED>
<DELETED> ``(E) provide guidance and assistance to
States and local governments and emergency response
providers, in adopting the National Incident Management
System; and</DELETED>
<DELETED> ``(F) perform such other duties relating
to such responsibilities as the Administrator may
require.</DELETED>
<DELETED>``SEC. 520. NATIONAL OPERATIONS CENTER.</DELETED>
<DELETED> ``(a) Definition.--In this section, the term `situational
awareness' means information gathered from a variety of sources that,
when communicated to emergency preparedness and response managers and
decision makers, can form the basis for incident management
decisionmaking.</DELETED>
<DELETED> ``(b) Establishment.--There is established in the
Department a National Operations Center.</DELETED>
<DELETED> ``(c) Purpose.--The purposes of the National Operations
Center are to--</DELETED>
<DELETED> ``(1) coordinate the national response to any
natural or man-made disaster, as determined by the
Secretary;</DELETED>
<DELETED> ``(2) provide situational awareness and a common
operating picture for the entire Federal Government, and for
State and local governments as appropriate, for an event
described in paragraph (1);</DELETED>
<DELETED> ``(3) collect and analyze information to help
deter, detect, and prevent terrorist acts;</DELETED>
<DELETED> ``(4) disseminate terrorism and disaster-related
information to Federal, State, and local governments;</DELETED>
<DELETED> ``(5) ensure that critical terrorism and disaster-
related information reaches government decision-makers;
and</DELETED>
<DELETED> ``(6) perform such other duties as the Secretary
may require.</DELETED>
<DELETED> ``(d) Responsibilities.--The National Operations Center
shall carry out the responsibilities of the Homeland Security
Operations Center, the National Response Coordination Center, and the
Interagency Incident Management Group, as constituted on September 1,
2005.</DELETED>
<DELETED>``SEC. 521. CHIEF MEDICAL OFFICER.</DELETED>
<DELETED> ``(a) In General.--There is in the Authority 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 Administrator.</DELETED>
<DELETED> ``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and knowledge
of medicine and public health.</DELETED>
<DELETED> ``(c) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for medical
issues related to natural and man-made disasters, including--</DELETED>
<DELETED> ``(1) serving as the principal advisor to the
Secretary and the Administrator on medical and public health
issues;</DELETED>
<DELETED> ``(2) coordinating the biosurveillance and
detection activities of the Department;</DELETED>
<DELETED> ``(3) ensuring internal and external coordination
of all medical preparedness and response activities of the
Department, including training, exercises, and equipment
support;</DELETED>
<DELETED> ``(4) serving as the Department's primary point of
contact with the Department of Agriculture, the Department of
Defense, the Department of Health and Human Services, the
Department of Transportation, the Department of Veterans
Affairs, and other Federal departments or agencies, on medical
and public health issues;</DELETED>
<DELETED> ``(5) serving as the Department's primary point of
contact for State and local government, the medical community,
and others within and outside the Department, with respect to
medical and public health matters;</DELETED>
<DELETED> ``(6) discharging, in coordination with the Under
Secretary for Science and Technology, the responsibilities of
the Department related to Project Bioshield;</DELETED>
<DELETED> ``(7) establishing doctrine and priorities for the
National Disaster Medical System, consistent with the National
Response Plan and the National Incident Management System,
supervising its medical components, and exercising
predeployment operational control, including--</DELETED>
<DELETED> ``(A) determining composition of the
teams;</DELETED>
<DELETED> ``(B) overseeing credentialing of the
teams; and</DELETED>
<DELETED> ``(C) training personnel of the
teams;</DELETED>
<DELETED> ``(8) managing the Metropolitan Medical Response
System, including establishing doctrine and priorities for the
Metropolitan Medical Response System, consistent with the
National Response Plan and the National Incident Management
System, and developing and overseeing standards, plans,
training, and exercises and coordinating with the Office of
Grants and Training on the use and distribution of Metropolitan
Medical Response grants;</DELETED>
<DELETED> ``(9) assessing and monitoring long-term health
issues of emergency managers and emergency response
providers;</DELETED>
<DELETED> ``(10) developing and updating, in consultation
with the Secretary of Health and Human Services, guidelines for
State and local governments for medical response plans for
chemical, biological, radiological, nuclear, or explosive
weapon attacks;</DELETED>
<DELETED> ``(11) 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;</DELETED>
<DELETED> ``(12) establishing and providing oversight for
the Department's occupational health and safety program,
including workforce health; and</DELETED>
<DELETED> ``(13) performing such other duties relating to
such responsibilities as the Secretary or the Administrator may
require.</DELETED>
<DELETED> ``(d) Long-Term Health Assessment Program.--</DELETED>
<DELETED> ``(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 and emergency response providers, following Incidents
of National Significance declared by the Secretary under the
National Response Plan.</DELETED>
<DELETED> ``(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 an Incident of National
Significance.</DELETED>
<DELETED>``SEC. 522. PUBLIC AND COMMUNITY PREPAREDNESS.</DELETED>
<DELETED> ``The Administrator shall promote public and community
preparedness.</DELETED>
<DELETED>``SEC. 523. BASIC LIFE SUPPORTING FIRST AID EDUCATION FOR
CHILDREN.</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `age-appropriate' means
information, education, and skills suitable for the individual
to understand and perform;</DELETED>
<DELETED> ``(2) the term `appropriate municipal entity'
means an agency of a unit of local government that is an
emergency response provider or provides other similar medical
services or training, including a fire department, law
enforcement agency, hospital, school nurse, or emergency
medical services provider;</DELETED>
<DELETED> ``(3) the term `children' means individuals under
the age of 18 years enrolled in grades kindergarten through
12;</DELETED>
<DELETED> ``(4) the term `emergency medical professional'
means an individual certified by a State in emergency medical
services;</DELETED>
<DELETED> ``(5) the term `life supporting first aid'
includes cardiopulmonary resuscitation, the use of an automatic
external defibrillator, the Heimlich maneuver, blood-borne and
biohazardous precautions, bleed control, and other life-
sustaining procedures in the event of an emergency;
and</DELETED>
<DELETED> ``(6) the term `selected organization' means the
organization contracting with the Secretary of Homeland
Security under subsection (b).</DELETED>
<DELETED> ``(b) Authority.--The Secretary of Homeland Security,
acting through the Chief Medical Officer, and in consultation with the
Secretary of Education, shall enter into an agreement with an
organization, under which such organization shall provide funds to
appropriate municipal entities to provide education and training in
life supporting first aid to children, including scene safety
procedures.</DELETED>
<DELETED> ``(c) Eligibility.--In selecting an organization, the
Secretary shall consider and give priority to an organization that--
</DELETED>
<DELETED> ``(1) has experience in training individuals
(especially children) to be active bystanders, equipped with
life supporting first aid skills to assist during
emergencies;</DELETED>
<DELETED> ``(2) recognizes that life supporting first aid
techniques are essential to maintaining life before the arrival
of emergency response providers;</DELETED>
<DELETED> ``(3) uses emergency medical professionals as
instructors to teach life supporting first aid techniques to
children and adults;</DELETED>
<DELETED> ``(4) works with Federal, State, and local
government entities and the private sector to highlight the
importance of public emergency preparedness and effective
emergency response;</DELETED>
<DELETED> ``(5) has developed and implemented, before the
date of entering a contract under subsection (b), a testing
component for evaluation, accountability, and data collection;
and</DELETED>
<DELETED> ``(6) is an affiliate of the Citizens Corps of the
Department of Homeland Security.</DELETED>
<DELETED> ``(d) Use of Funds.--</DELETED>
<DELETED> ``(1) In general.--Funds provided under this
section by the selected organization to an appropriate
municipal entity shall be used--</DELETED>
<DELETED> ``(A) to create age-appropriate
educational materials regarding life supporting first
aid to be distributed to children;</DELETED>
<DELETED> ``(B) to conduct training and clinical
instruction of children in life supporting first aid;
and</DELETED>
<DELETED> ``(C) for data collection and statistical
analysis.</DELETED>
<DELETED> ``(2) Priority.--In providing funds to appropriate
municipal entities under this section, the selected
organization shall give priority to emergency medical services,
fire departments, law enforcement agencies, hospitals, and
school nurses.</DELETED>
<DELETED>``SEC. 524. SAVER PROGRAM.</DELETED>
<DELETED> ``(a) In General.--In the Department there is a System
Assessment and Validation for Emergency Responders Program to provide
impartial evaluations of emergency response equipment and
systems.</DELETED>
<DELETED> ``(b) Requirements.--The program established under
subsection (a) shall--</DELETED>
<DELETED> ``(1) provide impartial, practitioner relevant,
and operationally oriented assessments and validations of
emergency response provider equipment and systems that have not
already been third-party certified to a standard adopted by the
Department, including--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) such other equipment or systems as
the Secretary determines are appropriate;</DELETED>
<DELETED> ``(2) provide information that enables decision-
makers and emergency response providers to better select,
procure, use, and maintain emergency response provider
equipment or systems;</DELETED>
<DELETED> ``(3) assess and validate the performance of
products within a system and subsystems; and</DELETED>
<DELETED> ``(4) provide information and feedback to
emergency response providers through the Responder Knowledge
Base of the National Memorial Institute for the Prevention of
Terrorism, or other appropriate forum.</DELETED>
<DELETED> ``(c) Assessment and Validation Process.--The assessment
and validation of emergency response provider equipment and systems
shall use multiple evaluation techniques, including--</DELETED>
<DELETED> ``(1) operational assessments of equipment
performance on vehicle platforms;</DELETED>
<DELETED> ``(2) technical assessments on a comparative basis
of system component performance across makes and models under
controlled conditions; and</DELETED>
<DELETED> ``(3) integrative assessments on an individual
basis of system component interoperability and compatibility
with other system components.</DELETED>
<DELETED> ``(d) Personal Protective Equipment.--To the extent
practical, the assessment and validation of personal protective
equipment under this section shall be conducted by the National
Personal Protective Technology Laboratory of the National Institute for
Occupational Safety and Health.</DELETED>
<DELETED>``SEC. 525. NATIONAL SEARCH AND RESCUE RESPONSE
SYSTEM.</DELETED>
<DELETED> ``(a) National Search and Rescue Response System.--There
is established in the Authority an emergency response system known as
the National Search and Rescue Response System that provides a national
network of standardized search and rescue resources to assist State and
local governments in responding to any natural or man-made
disaster.</DELETED>
<DELETED> ``(b) Administration of the System.--</DELETED>
<DELETED> ``(1) Task force participation.--The Administrator
shall select eligible search and rescue teams that are
sponsored by State and local government entities to participate
as task forces in the National Search and Rescue Response
System. The Administrator shall determine the criteria for such
participation.</DELETED>
<DELETED> ``(2) Agreements with sponsoring agencies.--The
Administrator 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 National Search and Rescue
Response System.</DELETED>
<DELETED> ``(3) Management and technical teams.--The
Administrator shall maintain such management and other
technical teams as are necessary to administer the National
Search and Rescue Response System.</DELETED>
<DELETED>``SEC. 526. METROPOLITAN MEDICAL RESPONSE SYSTEM.</DELETED>
<DELETED> ``(a) In General.--There is in the Authority a
Metropolitan Medical Response System. Under the Metropolitan Medical
Response System, the Assistant Secretary for Grants and Planning, in
coordination with the Chief Medical Officer, shall administer grants to
develop, maintain, and enhance medical preparedness systems that are
capable of responding effectively to a public health crisis or mass-
casualty event caused by a natural or man-made disaster.</DELETED>
<DELETED> ``(b) Use of Funds.--The Metropolitan Medical Response
System shall make grants to local governments to enhance any of the
following activities:</DELETED>
<DELETED> ``(1) Medical surge capacity.</DELETED>
<DELETED> ``(2) Mass prophylaxis.</DELETED>
<DELETED> ``(3) Chemical, biological, radiological, nuclear,
and explosive detection, response, and decontamination
capabilities.</DELETED>
<DELETED> ``(4) Emergency communications
capabilities.</DELETED>
<DELETED> ``(5) Information sharing and collaboration
capabilities.</DELETED>
<DELETED> ``(6) Regional collaboration.</DELETED>
<DELETED> ``(7) Triage and pre-hospital treatment.</DELETED>
<DELETED> ``(8) Medical supply management and
distribution.</DELETED>
<DELETED> ``(9) Fatality management.</DELETED>
<DELETED> ``(10) Such other activities as the Secretary may
provide.</DELETED>
<DELETED>``SEC. 527. THE NATIONAL INFRASTRUCTURE SIMULATION AND
ANALYSIS CENTER.</DELETED>
<DELETED> ``(a) Definition.--In this section, the term `National
Infrastructure Simulation and Analysis Center' means the National
Infrastructure Simulation and Analysis Center established under section
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).</DELETED>
<DELETED> ``(b) Authority.--</DELETED>
<DELETED> ``(1) In general.--There is in the Authority the
National Infrastructure Simulation and Analysis Center which
shall serve as a source of national competence to address
critical infrastructure protection and continuity through
support for activities related to--</DELETED>
<DELETED> ``(A) counterterrorism, threat assessment,
and risk mitigation; and</DELETED>
<DELETED> ``(B) a natural or man-made
disaster.</DELETED>
<DELETED> ``(2) Infrastructure modeling.--</DELETED>
<DELETED> ``(A) Particular support.--The support
provided under paragraph (1) shall include modeling,
simulation, and analysis of the systems comprising
critical infrastructure, in order to enhance critical
infrastructure preparedness, protection, response, and
recovery activities.</DELETED>
<DELETED> ``(B) Relationship with other agencies.--
Each Federal agency and department with critical
infrastructure responsibilities under Homeland Security
Presidential Directive 7, or any successor to such
directive, shall establish a formal relationship,
including an agreement regarding information sharing,
between the elements of such agency or department and
the National Infrastructure Simulation and Analysis
Center.</DELETED>
<DELETED> ``(C) Purpose.--</DELETED>
<DELETED> ``(i) In general.--The purpose of
the relationship under subparagraph (B) shall
be to permit each Federal agency and department
described in subparagraph (B) to take full
advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center
(particularly vulnerability and consequence
analysis), consistent with its work load
capacity and priorities, for real-time response
to reported and projected emergencies, natural
disasters, terrorist attacks, or other
catastrophic incidents.</DELETED>
<DELETED> ``(ii) Recipient of certain
support.--Modeling, simulation, and analysis
provided under this subsection shall be
provided to relevant Federal agencies and
departments, including Federal agencies and
departments with critical infrastructure
responsibilities under Homeland Security
Presidential Directive 7, or any successor to
such directive.</DELETED>
<DELETED>``SEC. 528. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.</DELETED>
<DELETED> ``(a) In General.--The Secretary, acting through the
Administrator, may make grants for the purposes of administering and
improving the Emergency Management Assistance Compact consented to by
the Joint Resolution entitled `Joint Resolution granting the consent of
Congress to the Emergency Management Assistance Compact' (Public Law
104-321; 110 Stat. 3877).</DELETED>
<DELETED> ``(b) Uses.--A grant under this section shall be used to--
</DELETED>
<DELETED> ``(1) carry out recommendations identified in
after-action reports for the 2004 and 2005 hurricane season
issued under the Emergency Management Assistance
Compact;</DELETED>
<DELETED> ``(2) coordinate with the Department and other
Federal Government agencies;</DELETED>
<DELETED> ``(3) coordinate with State and local government
entities and their respective national associations;</DELETED>
<DELETED> ``(4) assist State and local governments,
emergency response providers, and organizations representing
such members with credentialing emergency response providers
and the typing of emergency response resources; or</DELETED>
<DELETED> ``(5) administer the operations of the Emergency
Management Assistance Compact.</DELETED>
<DELETED>``SEC. 529. OFFICE FOR THE PREVENTION OF TERRORISM.</DELETED>
<DELETED> ``(a) Establishment.--There is established in the
Department an Office for the Prevention of Terrorism, which shall be
headed by a Director.</DELETED>
<DELETED> ``(b) Director.--</DELETED>
<DELETED> ``(1) Reporting.--The Director of the Office for
the Prevention of Terrorism shall report directly to the
Secretary.</DELETED>
<DELETED> ``(2) Qualifications.--The Director of the Office
for the Prevention of Terrorism shall have an appropriate
background with experience in law enforcement, intelligence, or
other anti-terrorist functions.</DELETED>
<DELETED> ``(c) Assignment of Personnel.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall assign to
the Office for the Prevention of Terrorism permanent staff and
other appropriate personnel detailed from other components of
the Department to carry out the responsibilities under this
section.</DELETED>
<DELETED> ``(2) Liaisons.--The Secretary shall designate
senior employees from each component of the Department that has
significant antiterrorism responsibilities to act a liaison
between that component and the Office for the Prevention of
Terrorism.</DELETED>
<DELETED> ``(d) Responsibilities.--The Director of the Office for
the Prevention of Terrorism shall--</DELETED>
<DELETED> ``(1) coordinate policy and operations between the
Department and State and local government agencies relating to
preventing acts of terrorism within the United
States;</DELETED>
<DELETED> ``(2) serve as a liaison between State and local
law enforcement agencies and the Department;</DELETED>
<DELETED> ``(3) in coordination with the Office of
Intelligence, develop better methods for the sharing of
intelligence with State and local law enforcement
agencies;</DELETED>
<DELETED> ``(4) work with the Assistant Secretary of the
Office of Grants and Training to ensure that homeland security
grants to State and local agencies, including the Law
Enforcement Terrorism Prevention Program, Commercial Equipment
Direct Assistance Program, grants to support fusion centers and
other law enforcement-oriented programs are adequately focused
on terrorism prevention activities; and</DELETED>
<DELETED> ``(5) coordinate with the Authority, the
Department of Justice, the National Institute of Justice, law
enforcement organizations, and other appropriate entities to
develop national voluntary consensus standards for training and
personal protective equipment to be used in a tactical
environment by law enforcement officers.</DELETED>
<DELETED> ``(e) Pilot Project.--</DELETED>
<DELETED> ``(1) In general.--The Director of the Office for
the Prevention of Terrorism, in coordination with the Director
for Response, shall establish a pilot project to determine the
efficacy and feasibility of establishing law enforcement
deployment teams.</DELETED>
<DELETED> ``(2) Function.--The law enforcement deployment
teams participating in the pilot program under this subsection
shall form the basis of a national network of standardized law
enforcement resources to assist State and local governments in
responding to a natural or man-made disaster.</DELETED>
<DELETED> ``(f) Construction.--Nothing in this section may be
construed to affect the roles or responsibilities of the Department of
Justice.</DELETED>
<DELETED>``SEC. 530. DEPARTMENT OFFICIALS.</DELETED>
<DELETED> ``(a) Cybersecurity and Telecommunications.--There is in
the Department an Assistant Secretary for Cybersecurity and
Telecommunications.</DELETED>
<DELETED> ``(b) United States Fire Administration.--The
Administrator of the United States Fire Administration shall have a
rank equivalent to an assistant secretary of the Department.</DELETED>
<DELETED>``SEC. 531. CREDENTIALING.</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `credential' means to provide
documentation that can authenticate and verify the
qualifications and identity of managers of incidents, emergency
response providers, and other appropriate personnel, including
by ensuring that such personnel possess a minimum common level
of training, experience, physical and medical fitness, and
capability appropriate for their position;</DELETED>
<DELETED> ``(2) the term `credentialing' means evaluating an
individual's qualifications for a specific position under
guidelines created in this section and assigning such
individual a qualification under the standards developed in
this section; and</DELETED>
<DELETED> ``(3) the term `credentialed' means an individual
has been evaluated for a specific position under the guidelines
created under this section.</DELETED>
<DELETED> ``(b) Requirements.--</DELETED>
<DELETED> ``(1) In general.--The Administrator shall enter
into a memorandum of understanding to collaborate with State
and local governments, emergency response providers, and the
organizations that represent them, to establish in consultation
with the Authority nationwide standards for credentialing all
personnel who are likely to respond to an emergency or major
disaster.</DELETED>
<DELETED> ``(2) Contents.--The standards developed under
paragraph (1) shall--</DELETED>
<DELETED> ``(A) include the minimum professional
qualifications, certifications, training, and education
requirements for specific emergency response functional
positions that are applicable to Federal, State and
local government;</DELETED>
<DELETED> ``(B) be compatible with the National
Incident Management System; and</DELETED>
<DELETED> ``(C) be consistent with standards for
advance registration for health professions volunteers
under section 319I of the Public Health Services Act
(42 U.S.C. 247d-7b).</DELETED>
<DELETED> ``(3) Timeframe.--The Administrator shall develop
standards under paragraph (1) not later than 6 months after the
date of enactment of the Post Katrina Emergency Management
Reform Act of 2006.</DELETED>
<DELETED> ``(c) Credentialing of Department Personnel.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Post Katrina Emergency Management
Reform Act of 2006, the Secretary and the Administrator shall
ensure that all personnel of the Department (including
temporary personnel and individuals in the surge capacity force
established under section 304 of the Post Katrina Emergency
Management Reform Act of 2006) who are likely to respond to an
emergency or major disaster are credentialed.</DELETED>
<DELETED> ``(2) Strategic human capital plan.--Not later
than 90 days after completion of the credentialing under
paragraph (1), the Administrator shall evaluate whether the
workforce of the Authority complies with the Strategic Human
Capital Plan of the Authority developed under section 301 of
the Post Katrina Emergency Management Reform Act of 2006 and is
sufficient to respond to a catastrophic incident.</DELETED>
<DELETED> ``(d) Integration With National Response Plan.--</DELETED>
<DELETED> ``(1) Distribution of standards.--Not later than 6
months after the date of enactment of the Post Katrina
Emergency Management Reform Act of 2006, the Administrator
shall provide the standards developed under subsection (b) to
all Federal agencies that have responsibilities under the
National Response Plan.</DELETED>
<DELETED> ``(2) Credentialing of agencies.--Not later than
180 days after the date on which the standards are provided
under paragraph (1), each agency described in paragraph (1)
shall--</DELETED>
<DELETED> ``(A) ensure that all employees or
volunteers of that agency who are likely to respond to
an emergency or major disaster are credentialed;
and</DELETED>
<DELETED> ``(B) submit to the Secretary the name of
each credentialed employee or volunteer of such
agency.</DELETED>
<DELETED> ``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the credentialing
process of that agency.</DELETED>
<DELETED> ``(e) Documentation and Database System.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Post Katrina Emergency Management
Reform Act of 2006, the Administrator shall establish and
maintain a documentation and database system of Federal
emergency response providers and all other Federal personnel
credentialed to respond to an emergency or major
disaster.</DELETED>
<DELETED> ``(2) Accessibility.--The documentation and
database system established under paragraph (1) shall be
accessible to the Federal coordinating officer and other
appropriate officials preparing for or responding to an
emergency or major disaster.</DELETED>
<DELETED> ``(3) Considerations.--The Administrator shall
consider whether the credentialing system can be used to
regulate access to areas affected by a major
disaster.</DELETED>
<DELETED> ``(f) Guidance to State and Local Governments.--Not later
than 6 months after the date of enactment of the Post Katrina Emergency
Management Reform Act of 2006, the Administrator shall--</DELETED>
<DELETED> ``(1) in collaboration with the Emergency
Management Assistance Compact provide detailed written
guidance, assistance, and expertise to State and local
governments to facilitate the credentialing of State and local
emergency response providers commonly or likely to be used in
responding to an emergency or major disaster; and</DELETED>
<DELETED> ``(2) in coordination with the Emergency
Management Assistance Compact and appropriate national
professional organizations, assist State and local governments
with credentialing the personnel of the State or local
government under the guidance provided under paragraph
(1).</DELETED>
<DELETED> ``(g) Grants.--The Secretary may make grants to State and
local governments, emergency response providers, and organizations that
represent them.</DELETED>
<DELETED> ``(h) Report.--Not later than 6 months after the date of
enactment of the Post Katrina Emergency Management Reform Act of 2006
and annually thereafter, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report describing the implementation of this section, including the
number and level of qualification of Federal personnel trained and
ready to respond to an emergency or major disaster.</DELETED>
<DELETED>``SEC. 532. TYPING OF RESOURCES.</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `typed' means an asset or resource
that has been evaluated for a specific function under the
guidelines created under this section; and</DELETED>
<DELETED> ``(2) the term `typing' means to define in detail
the minimum capabilities of an asset or resource.</DELETED>
<DELETED> ``(b) Requirements.--</DELETED>
<DELETED> ``(1) In general.--The Administrator, shall enter
into a memorandum of understanding to collaborate with the
State and local governments, emergency response providers, and
organizations that represent them, to establish in consultation
with the Administration, nationwide standards for typing of
resources commonly or likely to be used in responding to an
emergency or major disaster.</DELETED>
<DELETED> ``(2) Contents.--The standards developed under
paragraph (1) shall--</DELETED>
<DELETED> ``(A) be applicable to Federal, State, and
local government; and</DELETED>
<DELETED> ``(B) be compatible with the National
Incident Management System.</DELETED>
<DELETED> ``(c) Typing of Department Resources and Assets.--Not
later than 1 year after the date of enactment of the Post Katrina
Emergency Management Reform Act of 2006, the Secretary shall ensure
that all resources and assets of the Department that are commonly or
likely to be used to respond to an emergency or major disaster are
typed.</DELETED>
<DELETED> ``(d) Integration With National Response Plan.--</DELETED>
<DELETED> ``(1) Distribution of standards.--Not later than 6
months after the date of enactment of the Post Katrina
Emergency Management Reform Act of 2006, the Administrator
shall provide the standards developed under subsection (b) to
all Federal agencies that have responsibilities under the
National Response Plan.</DELETED>
<DELETED> ``(2) Typing of agencies, assets and resources.--
Not later than 180 days after the date on which the standards
are provided under paragraph (1), each agency described in
paragraph (1) shall--</DELETED>
<DELETED> ``(A) ensure that all resources and assets
(including teams, equipment, and other assets) of that
agency that are commonly or likely to be used to
respond to an emergency or major disaster are typed;
and</DELETED>
<DELETED> ``(B) submit to the Secretary a list of
all types resources and assets.</DELETED>
<DELETED> ``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the typing process of
that agency.</DELETED>
<DELETED> ``(e) Documentation and Database System.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Post Katrina Emergency Management
Reform Act of 2006, the Administrator shall establish and
maintain a documentation and database system of Federal
resources and assets commonly or likely to be used to respond
to an emergency or major disaster.</DELETED>
<DELETED> ``(2) Accessibility.--The documentation and
database system established under paragraph (1) shall be
accessible to the Federal coordinating officer and other
appropriate officials preparing for or responding to an
emergency or major disaster.</DELETED>
<DELETED> ``(f) Guidance to State and Local Governments.--Not later
than 6 months after the date of enactment of the Post Katrina Emergency
Management Reform Act of 2006, the Administrator in collaboration with
State and local governments, emergency response providers, and the
organizations that represent them, shall--</DELETED>
<DELETED> ``(1) provide detailed written guidance,
assistance, and expertise to State and local governments to
facilitate the typing of the resources and assets of State and
local governments likely to be used in responding to an
emergency or major disaster; and</DELETED>
<DELETED> ``(2) assist State and local governments with
typing resources and assets of State or local governments under
the guidance provided under paragraph (1).</DELETED>
<DELETED> ``(g) Grants.--The Secretary may make grants to State and
local governments, emergency response providers, and the organizations
that represent them, to develop and maintain a database of typed
resources of State and local governments.</DELETED>
<DELETED> ``(h) Report.--Not later than 6 months after the date of
enactment of the Post Katrina Emergency Management Reform Act of 2006
and annually thereafter, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report describing the implementation of this section, including the
number and type of Federal resources and assets ready to respond to an
emergency or major disaster.</DELETED>
<DELETED>``SEC. 533. PROVIDING SECURE ACCESS TO CRITICAL
INFRASTRUCTURE.</DELETED>
<DELETED> ``Not later than 6 months after the date of enactment of
the Post Katrina Emergency Management Reform Act of 2006, and in
coordination with appropriate national professional organizations,
Federal, State, and local government agencies, and private-sector and
nongovernmental entities, the Administrator shall create model
standards or guidelines that States may adopt in conjunction with
critical infrastructure owners and operators and their employees to
permit access to restricted areas in the event of an emergency or major
disaster.</DELETED>
<DELETED>``SEC. 534. IMPROVEMENTS TO INFORMATION TECHNOLOGY
SYSTEMS.</DELETED>
<DELETED> ``(a) Measures to Improve Information Technology
Systems.--The Administrator shall take appropriate measures to update
and improve the information technology systems of the Authority,
including measures to--</DELETED>
<DELETED> ``(1) ensure that the multiple information
technology systems of the Authority (including the National
Emergency Management Information System, the Logistics
Information Management System III, and the Automated Deployment
Database) are fully compatible and can share and access
information from each other;</DELETED>
<DELETED> ``(2) ensure technology enhancements reach the
headquarters and regional offices of the Authority in a timely
fashion, to allow seamless integration;</DELETED>
<DELETED> ``(3) develop and maintain a testing environment
that ensures that all system components are properly and
thoroughly tested before their release;</DELETED>
<DELETED> ``(4) ensure that the information technology
systems of the Authority have the capacity to track disaster
response personnel, mission assignments task orders,
commodities, and supplies used in response to an emergency or
major disaster;</DELETED>
<DELETED> ``(5) make appropriate improvements to the
National Emergency Management Information System to address
current shortcomings; and</DELETED>
<DELETED> ``(6) provide training, manuals, and guidance on
information technology systems to personnel, including disaster
response personnel, to help ensure employees can properly use
information technology systems.</DELETED>
<DELETED> ``(b) Report.--Not later than 270 days after the date of
enactment of the Post Katrina Emergency Management Reform Act of 2006,
the Administrator shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report describing the
implementation of this section, including any actions taken,
improvements made, any remaining problems and describing any additional
funding needed to make necessary and appropriate improvements to the
information technology systems of the Authority.</DELETED>
<DELETED>``SEC. 535. HURRICANE AND TSUNAMI EVACUATION TECHNICAL
ASSISTANCE.</DELETED>
<DELETED> ``(a) In General.--The Administrator shall provide
technical assistance to States and local governments that experience
hurricanes, tsunamis or other severe weather events, including the
preparation of hurricane evacuation studies and evacuation plans
assessing current storm surge estimates, evacuation zones, evacuation
clearance times, transportation capacity, and shelter
capacity.</DELETED>
<DELETED> ``(b) Plan and Schedule.--</DELETED>
<DELETED> ``(1) In general.--Not later than 180 days after
the date of enactment of the Post Katrina Emergency Management
Reform Act of 2006, the Administrator shall--</DELETED>
<DELETED> ``(A) establish a plan and schedule for
completing, maintaining, and periodically updating
evacuation studies carried out by the Administrator to
ensure that States and local governments that
experience hurricanes, tsunamis, or other severe
weather events have current and complete information
available to them for the preparation of their own
evacuation plans; and</DELETED>
<DELETED> ``(B) include in the plan and schedule
annual maintenance and updates of existing hurricane
evacuation studies following each hurricane season for
those basins impacted by a hurricane.</DELETED>
<DELETED> ``(2) Previously initiated studies.--Any
evacuation study initiated prior to the promulgation of a plan
and schedule established under subsection (a) shall be
completed not later than January 1, 2008.</DELETED>
<DELETED> ``(c) Assistance and Guidelines.--The Administrator shall
develop guidelines for the preparation of, and assist each State that
is eligible for assistance under this section in producing a State pre-
storm evacuation and shelter plan which shall address the
following:</DELETED>
<DELETED> ``(1) Information, guidance, and data contained in
current hurricane evacuation studies and other models or
projections of current storm surge estimates, evacuation zones,
evacuation clearance times, transportation capacity, and
shelter capacity.</DELETED>
<DELETED> ``(2) Guidance regarding storm surge and
evacuation-related estimates projections provided by the
National Weather Service or the National Oceanic and
Atmospheric Administration.</DELETED>
<DELETED> ``(3) State planning assumptions, procedures and
guidelines for pre-storm evacuation-decision making and
sheltering based on current hurricane evacuation studies and
published guidance by the Authority.</DELETED>
<DELETED> ``(4) Transportation and shelter capabilities or
resources that will be available and used by the State and by
each county, parish or municipality to implement the State pre-
storm evacuation and shelter plan.</DELETED>
<DELETED> ``(5) Estimated costs for the State and for each
county or parish to provide pre-storm evacuation and sheltering
based on historical data, current cost estimates developed by
the State Comptroller that are updated after each hurricane
season.</DELETED>
<DELETED> ``(6) Document limitations on State, county,
parish, or city resources or capability to provide for pre-
storm evacuation and shelter and the planning assumptions of
the State regarding the need for Federal assistance to
compensate for such limitations.</DELETED>
<DELETED> ``(d) Report to Congress.--Not later than 1 year after the
date of enactment of the Post Katrina Emergency Management Reform Act
of 2006, and annually thereafter, the Administrator shall report to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate and the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives on the actions taken by the Administrator to carry out
the provisions of this section, including the status of evacuation
studies, State evacuation and shelter plans, and the incorporation of
lessons learned from post-storm assessments.''; and</DELETED>
<DELETED> (8) by inserting after section 541 (as
redesignated by paragraph (6) of this subsection) the
following:</DELETED>
<DELETED>``Subtitle B--Emergency Communications</DELETED>
<DELETED>``SEC. 551. DEFINITIONS.</DELETED>
<DELETED> ``In this subtitle--</DELETED>
<DELETED> ``(1) the term `eligible region' means--</DELETED>
<DELETED> ``(A) 2 or more contiguous incorporated
municipalities, counties, parishes, Indian tribes or
other general purpose jurisdictions that--</DELETED>
<DELETED> ``(i) have joined together to
enhance emergency communications capabilities
or communications interoperability between
emergency response providers in those
jurisdictions and with State and Federal
officials; and</DELETED>
<DELETED> ``(ii) includes the largest city
in any metropolitan statistical area, as
defined by the Office of Management and Budget;
or</DELETED>
<DELETED> ``(B) any other area the Secretary
determines to be consistent with the definition of a
region in the national preparedness guidance issued
under Homeland Security Presidential Directive
8;</DELETED>
<DELETED> ``(2) the term `National Emergency Communications
Strategy' means the strategy established under section 553;
and</DELETED>
<DELETED> ``(3) the term `Office of Emergency
Communications' means the office established under section
552.</DELETED>
<DELETED>``SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS.</DELETED>
<DELETED> ``(a) In General.--There is established in the Authority
an Office of Emergency Communications.</DELETED>
<DELETED> ``(b) Director.--The head of the Office of Emergency
Communications shall be the Director for Emergency Communications. The
Director shall report to the Assistant Secretary for Cybersecurity and
Telecommunications.</DELETED>
<DELETED> ``(c) Responsibilities.--The Director for Emergency
Communications shall--</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(2) carry out the responsibilities and
authorities of the Department relating to the development and
implementation of a strategy to achieve communications
interoperability and emergency communications capabilities and
promulgating grant guidance for that purpose;</DELETED>
<DELETED> ``(3) carry out the responsibilities under section
541;</DELETED>
<DELETED> ``(4) conduct extensive, nationwide outreach and
foster the development of emergency communications capabilities
and interoperable communications systems by State and local
governments and public safety agencies, and by regional
consortia thereof, by--</DELETED>
<DELETED> ``(A) developing, updating, and
implementing a national strategy to achieve emergency
communications capabilities, with goals and
timetables;</DELETED>
<DELETED> ``(B) developing, updating, and
implementing a national strategy to achieve
communications interoperability, with goals and
timetables;</DELETED>
<DELETED> ``(C) developing a national architecture,
which defines the components of an interoperable system
and how the components are constructed;</DELETED>
<DELETED> ``(D) establishing and maintaining a task
force that represents the broad customer base of public
safety agencies of State and local governments, and
Federal agencies, involved in public safety disciplines
such as law enforcement, firefighting, emergency
medical services, public health, and disaster recovery,
in order to receive input and coordinate efforts to
achieve emergency communications capabilities and
communications interoperability;</DELETED>
<DELETED> ``(E) working with the Office of Grants
and Training Interoperable Communications Technical
Assistance Program to provide technical assistance to
State and local government officials and the Regional
Advisory Councils established under section
513;</DELETED>
<DELETED> ``(F) promoting a greater understanding of
the importance of emergency communications
capabilities, communications interoperability, and the
benefits of sharing resources among all levels of
Federal, State, and local government;</DELETED>
<DELETED> ``(G) promoting development of standard
operating procedures for incident response and
facilitating the sharing of information on best
practices (including from governments abroad) for
achieving emergency communications capabilities and
communications interoperability;</DELETED>
<DELETED> ``(H) making recommendations to Congress
about any changes in Federal law necessary to remove
barriers to achieving emergency communications
capabilities and communications
interoperability;</DELETED>
<DELETED> ``(I) funding and conducting pilot
programs, as necessary, in order to--</DELETED>
<DELETED> ``(i) evaluate and validate
technology concepts in real-world environments
to achieve emergency communications
capabilities and communications
interoperability;</DELETED>
<DELETED> ``(ii) encourage more efficient
use of resources, including equipment and
spectrum; and</DELETED>
<DELETED> ``(iii) test and deploy public
safety communications systems that are less
prone to failure, support nonvoice services,
consume less spectrum, and cost less;</DELETED>
<DELETED> ``(J) liaisoning with the private sector
to develop solutions to improve emergency
communications capabilities and achieve communications
interoperability;</DELETED>
<DELETED> ``(K) using modeling and simulation for
training exercises and command and control functions at
the operational level; and</DELETED>
<DELETED> ``(L) performing other functions necessary
to improve emergency communications capabilities and
achieve communications interoperability;</DELETED>
<DELETED> ``(5) administer the responsibilities and
authorities of the Department relating to the Integrated
Wireless Network Program;</DELETED>
<DELETED> ``(6) administer the National Communications
System of the Department under the Preparedness
Directorate;</DELETED>
<DELETED> ``(7) administer responsibilities and authorities
of the Department related to the Emergency Alert System and the
Integrated Public Alert and Warning System of the Federal
Emergency Management Agency;</DELETED>
<DELETED> ``(8) administer the responsibilities and
authorities of the Office of Interoperability and
Compatibility;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(11) review, in consultation with the Assistant
Secretary for Grants and Training, all interoperable emergency
communications plans of Federal, State, and local governments,
including Statewide and tactical interoperability plans;
and</DELETED>
<DELETED> ``(12) through the National Communications System,
create an interactive database that contains an inventory of
emergency communications assets maintained by the Federal
Government and where appropriate, State and local governments
and the private sector, that--</DELETED>
<DELETED> ``(A) can be deployed rapidly following a
natural or man-made disaster to assist emergency
response providers and State and local governments;
and</DELETED>
<DELETED> ``(B) includes land mobile radio systems,
satellite phones, portable infrastructure equipment,
backup power system equipment, and other appropriate
equipment and systems.</DELETED>
<DELETED>``SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS
STRATEGY.</DELETED>
<DELETED> ``(a) In General.--Not later than 180 days after the
completion of the baseline assessment under section 554, and in
cooperation with State and local governments, Federal departments and
agencies, emergency response providers, and the private sector, the
Secretary, acting through the Director for Emergency Communications,
shall develop a National Emergency Communications Strategy to achieve
emergency communications capabilities and interoperable emergency
communications.</DELETED>
<DELETED> ``(b) Contents.--The National Emergency Communication
Strategy shall--</DELETED>
<DELETED> ``(1) 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;</DELETED>
<DELETED> ``(2) identify the appropriate emergency
communications capabilities and communications interoperability
necessary for Federal, State, and local governments to operate
during natural and man-made disasters.</DELETED>
<DELETED> ``(3) address both short-term and long-term
solutions to achieving Federal, State, and local emergency
communications capabilities and interoperable emergency
communications systems, including provision of commercially
available equipment that facilitates operability,
interoperability, coordination, and integration among emergency
communications systems;</DELETED>
<DELETED> ``(4) identify how Federal Government departments
and agencies that respond to natural or man-made disasters can
work effectively with State and local governments, in all
States, and with such other entities as are necessary to
implement the strategy;</DELETED>
<DELETED> ``(5) include measures to identify and overcome
all obstacles to achieving interoperable emergency
communications;</DELETED>
<DELETED> ``(6) set goals and establish timetables for the
development of an emergency, command-level communication system
based on equipment available across the United States and a
nationwide interoperable emergency communications
system;</DELETED>
<DELETED> ``(7) identify appropriate and reasonable measures
public safety agencies should employ to ensure that their
network infrastructure maintains operability during a natural
or man-made disaster;</DELETED>
<DELETED> ``(8) include education of State and local
emergency response personnel about the availability of backup
emergency communications assets and their importance in
planning for natural and man-made disasters; and</DELETED>
<DELETED> ``(9) identify, in consultation with the Federal
Communications Commission, measures States and localities
should employ to ensure operability of 911, E911 and public
safety answering points during natural and man-made
disasters.</DELETED>
<DELETED>``SEC. 554. ASSESSMENTS AND REPORTS.</DELETED>
<DELETED> ``(a) Baseline Operability and Interoperability
Assessment.--Not later than June 1, 2000, and periodically thereafter,
but not less frequently than every 5 years, the Secretary, acting
through the Director for Emergency Communications, shall conduct an
assessment of Federal, State, and local governments to--</DELETED>
<DELETED> ``(1) define the range of emergency communications
capabilities and communications interoperability needed for
specific events;</DELETED>
<DELETED> ``(2) assess the capabilities to meet such
communications needs;</DELETED>
<DELETED> ``(3) determine the degree to which necessary
emergency communications capabilities and communications
interoperability have been achieved;</DELETED>
<DELETED> ``(4) ascertain the needs that remain for
communications interoperability to be achieved;</DELETED>
<DELETED> ``(5) assess the ability of communities to provide
and maintain emergency communications capabilities and
communications interoperability among emergency response
providers, and government officials in the event of a natural
or man-made disaster, including when there is substantial
damage to ordinary communications infrastructure or a sustained
loss of electricity;</DELETED>
<DELETED> ``(6) include a national interoperable emergency
communication inventory that--</DELETED>
<DELETED> ``(A) identifies for each Federal
department and agency--</DELETED>
<DELETED> ``(i) the channels and frequencies
used;</DELETED>
<DELETED> ``(ii) the nomenclature used to
refer to each channel or frequency used;
and</DELETED>
<DELETED> ``(iii) the types of
communications system and equipment
used;</DELETED>
<DELETED> ``(B) identifies the interoperable
emergency communication systems in use for public
safety systems in the United States; and</DELETED>
<DELETED> ``(C) provides a listing of public safety
mutual aid channels in operation and their ability to
connect to an interoperable emergency communications
system;</DELETED>
<DELETED> ``(7) compile a list of best practices among
communities for providing and maintaining emergency
communications capabilities and communications interoperability
in the event of a natural or man-made disaster; and</DELETED>
<DELETED> ``(8) evaluate the feasibility and desirability of
the Department developing, on its own or in conjunction with
the Department of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be deployed to
support emergency communications at the site of acts of
terrorism, natural disasters, or other emergencies.</DELETED>
<DELETED> ``(b) Annual Report.--Not later than 1 year after the date
of enactment of the Post Katrina Emergency Management Reform Act of
2006, and annually thereafter until the date that is 10 years after
such date, the Secretary, acting through the Director for Emergency
Communications, shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the progress of
the Department in implementing and achieving the goals of this
subtitle, including a description of the findings of the most recent
nationwide assessment conducted under subsection (a).</DELETED>
<DELETED>``SEC. 555. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS
GRANT PROGRAMS.</DELETED>
<DELETED> ``(a) Assessment of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency Communications, in
coordination with other Federal departments and agencies, shall review
Federal emergency communications grants and standards programs across
the Federal government to--</DELETED>
<DELETED> ``(1) integrate and coordinate Federal grant
guidelines for the use of Federal assistance relating to
interoperable emergency communications and emergency
communications capabilities;</DELETED>
<DELETED> ``(2) assess and make recommendations to ensure
that such guidelines are consistent across the Federal
Government; and</DELETED>
<DELETED> ``(3) assess and make recommendations to ensure
conformity with the goals and objectives identified in the
National Emergency Communications Strategy.</DELETED>
<DELETED> ``(b) Denial of Eligibility for Grants.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may prohibit any
State or local government from using Federal homeland security
assistance administered by the Department to achieve, maintain,
or enhance interoperable emergency communications capabilities
if--</DELETED>
<DELETED> ``(A) such government has not complied
with the requirement to submit a Statewide
Interoperable Communications Plan under section 7303(f)
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 194(f));</DELETED>
<DELETED> ``(B) the State or local government has
not taken adequate steps to maintain operability of
network infrastructure during a natural or man-made
disaster; or</DELETED>
<DELETED> ``(C) a grant request does not comply with
interoperable communications equipment standards after
those standards have been developed through a voluntary
consensus-based process or are promulgated pursuant to
the authority under paragraph (2).</DELETED>
<DELETED> ``(2) Standards.--If the Secretary determines that
inadequate progress is being made on the completion of
voluntary consensus-based interoperable communications
equipment standards, the Secretary may promulgate such
standards and include them in interoperable communications
grant guidance.</DELETED>
<DELETED>``SEC. 556. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH
AND DEVELOPMENT.</DELETED>
<DELETED> ``(a) In General.--The Secretary shall establish a
comprehensive research and development program to promote emergency
communications capabilities and communications interoperability among
emergency response providers, including by--</DELETED>
<DELETED> ``(1) promoting research on a competitive basis
through the Directorate of Science and Technology Homeland
Security Advanced Research Projects Agency; and</DELETED>
<DELETED> ``(2) establishing a Center of Excellence under
the Department of Homeland Security Centers of Excellence
Program, using a competitive process, focused on enhancing
information and communications systems for emergency response
providers.</DELETED>
<DELETED> ``(b) Purposes.--The purposes of the program established
under subsection (a) include--</DELETED>
<DELETED> ``(1) understanding the strengths and weaknesses
of the diverse public safety communications systems currently
in use;</DELETED>
<DELETED> ``(2) examining how current and emerging
technology can make public safety organizations more effective,
and how Federal, State, and local government agencies can use
this technology in a coherent and cost-effective
manner;</DELETED>
<DELETED> ``(3) exploring Federal, State, and local
government policies that shall move systematically towards
long-term solutions;</DELETED>
<DELETED> ``(4) evaluating and validating technology
concepts, and promoting the deployment of advanced public
safety information technologies for emergency communications
capabilities and communications interoperability; and</DELETED>
<DELETED> ``(5) advancing the creation of a national
strategy to enhance emergency communications capabilities,
promote interoperability and efficient use of spectrum in
communications systems, improve information sharing across
organizations, and use advanced information technology to
increase the effectiveness of first responders in valuable new
ways.</DELETED>
<DELETED>``SEC. 557. EMERGENCY COMMUNICATIONS PILOT PROJECTS.</DELETED>
<DELETED> ``(a) Establishment.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Post Katrina Emergency Management
Reform Act of 2006, the Secretary shall establish not fewer
than 2 pilot projects to develop and evaluate strategies and
technologies for providing and maintaining emergency
communications capabilities communications interoperability
among emergency response providers and government officials in
the event of a natural or man-made disaster in which there is
significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity.</DELETED>
<DELETED> ``(2) Interoperable data communications.--At least
1 pilot project under this section shall involve the
development of interoperable data communications, including
medical and victim information, so that this information can be
shared among responders, as needed, at all levels of
government.</DELETED>
<DELETED> ``(b) Selection Criteria.--In selecting areas for the
location of the pilot projects under this section, the Secretary shall
consider--</DELETED>
<DELETED> ``(1) the risk to the area from a large-scale
terrorist attack or natural disaster;</DELETED>
<DELETED> ``(2) the number of potential victims from a
large-scale terrorist attack or natural disaster in the
area;</DELETED>
<DELETED> ``(3) the capabilities of the emergency
communications systems of the area and capabilities for the
development of modeling and simulation training and command and
control functions; and</DELETED>
<DELETED> ``(4) such other criteria as the Secretary may
determine appropriate.</DELETED>
<DELETED>``SEC. 558. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY
GRANTS.</DELETED>
<DELETED> ``(a) In General.--The Secretary, through the Office of
the Grants and Training, shall make grants to States and eligible
regions for initiatives necessary to improve emergency communications
capabilities and to achieve short-term or long-term solutions to
statewide, regional, national, and, where appropriate, international
interoperability.</DELETED>
<DELETED> ``(b) Use of Grant Funds.--Grants awarded under subsection
(a) may be used for initiatives to achieve short-term or long-term
solutions for emergency communications capabilities and communications
interoperability within the State or region and to assist with any
aspect of the communication life cycle, including--</DELETED>
<DELETED> ``(1) statewide or regional communications
planning;</DELETED>
<DELETED> ``(2) system design and engineering;</DELETED>
<DELETED> ``(3) procurement and installation of
equipment;</DELETED>
<DELETED> ``(4) exercises;</DELETED>
<DELETED> ``(5) modeling and simulation exercises for
operational command and control functions;</DELETED>
<DELETED> ``(6) other activities determined by the Secretary
to be integral to the achievement of emergency communications
capabilities and communications interoperability; and</DELETED>
<DELETED> ``(7) technical assistance and training.</DELETED>
<DELETED> ``(c) Coordination.--The Secretary shall ensure that the
Office of Grants and Training coordinates its activities with the
Office of Emergency Communications, the Directorate of Science and
Technology and other Federal entities so that grants awarded under this
section, and other grant programs related to homeland security, fulfill
the purposes of this section and facilitate the achievement of
emergency communications capabilities and communications
interoperability consistent with the national strategy.</DELETED>
<DELETED> ``(d) Application.--</DELETED>
<DELETED> ``(1) In general.--A State or eligible region
desiring a grant under this section shall submit an application
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.</DELETED>
<DELETED> ``(2) Minimum contents.--At a minimum, each
application submitted under paragraph (1) shall--</DELETED>
<DELETED> ``(A) identify the critical aspects of the
communications life cycle, including planning, system
design and engineering, procurement and installation,
and training for which funding is requested;</DELETED>
<DELETED> ``(B) describe how--</DELETED>
<DELETED> ``(i) the proposed use of funds
would be consistent with and address the goals
in any applicable State homeland security plan,
and, unless the Secretary determines otherwise,
are consistent with the national strategy and
architecture; and</DELETED>
<DELETED> ``(ii) the applicant intends to
spend funds under the grant, to administer such
funds, and to allocate such funds among any
participating local governments; and</DELETED>
<DELETED> ``(C) be consistent with the Interoperable
Communications Plan required by section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)).</DELETED>
<DELETED> ``(e) State Review and Submission.--</DELETED>
<DELETED> ``(1) In general.--To ensure consistency with
State homeland security plans, an eligible region applying for
a grant under this section shall submit its application to each
State within which any part of the eligible region is located
for review before submission of such application to the
Secretary.</DELETED>
<DELETED> ``(2) Deadline.--Not later than 30 days after
receiving an application from an eligible region under
paragraph (1), each such State shall transmit the application
to the Secretary.</DELETED>
<DELETED> ``(3) State disagreement.--If the Governor of any
such State determines that a regional application is
inconsistent with the State homeland security plan of that
State, or otherwise does not support the application, the
Governor shall--</DELETED>
<DELETED> ``(A) notify the Secretary in writing of
that fact; and</DELETED>
<DELETED> ``(B) provide an explanation of the
reasons for not supporting the application at the time
of transmission of the application.</DELETED>
<DELETED> ``(f) Award of Grants.--</DELETED>
<DELETED> ``(1) Considerations.--In approving applications
and awarding grants under this section, the Secretary shall
consider--</DELETED>
<DELETED> ``(A) the nature of the threat to the
State or eligible region from natural or man-made
disasters;</DELETED>
<DELETED> ``(B) the location, risk, or vulnerability
of critical infrastructure and key national assets,
including the consequences from damage to critical
infrastructure in nearby jurisdictions as a result of a
natural or man-made disaster;</DELETED>
<DELETED> ``(C) the size of the population, and the
population density of the area, that will be served by
the interoperable emergency communications systems,
except that the Secretary shall not establish a minimum
population requirement that would disqualify from
consideration an area that otherwise faces significant
threats, vulnerabilities, or consequences from a
natural or man-made disaster;</DELETED>
<DELETED> ``(D) the extent to which grants will be
used to implement emergency communications and
interoperability solutions--</DELETED>
<DELETED> ``(i) consistent with the national
strategy and compatible with national
infrastructure and equipment standards;
and</DELETED>
<DELETED> ``(ii) more efficient and cost
effective than current approaches;</DELETED>
<DELETED> ``(E) the number of jurisdictions within
regions participating in the development of emergency
communications capabilities and interoperable emergency
communications systems, including the extent to which
the application includes all incorporated
municipalities, counties, parishes, and tribal
governments within the State or eligible region, and
their coordination with Federal and State
agencies;</DELETED>
<DELETED> ``(F) the extent to which a grant would
expedite the achievement of emergency communications
capabilities and communications interoperability in the
State or eligible region with Federal, State, and local
government agencies;</DELETED>
<DELETED> ``(G) the extent to which a State or
eligible region, given its financial capability,
demonstrates its commitment to expeditiously achieving
emergency communications capabilities and
communications interoperability by supplementing
Federal funds with non-Federal funds;</DELETED>
<DELETED> ``(H) whether the State or eligible region
is on or near an international border;</DELETED>
<DELETED> ``(I) whether the State or eligible region
encompasses an economically significant border
crossing;</DELETED>
<DELETED> ``(J) whether the State or eligible region
has a coastline bordering an ocean or international
waters;</DELETED>
<DELETED> ``(K) the extent to which geographic
barriers pose unusual obstacles to achieving emergency
communications capabilities or communications
interoperability;</DELETED>
<DELETED> ``(L) the threats, vulnerabilities, and
consequences faced by the State or eligible region
related to at-risk site or activities in nearby
jurisdictions, including the need to respond to natural
or man-made disasters arising in those
jurisdictions;</DELETED>
<DELETED> ``(M) the need to achieve nationwide
emergency communications capabilities and
communications interoperability, consistent with the
national strategies;</DELETED>
<DELETED> ``(N) the extent to which the State has
formulated a State executive interoperability committee
or conducted similar statewide planning efforts;
and</DELETED>
<DELETED> ``(O) such other factors as are specified
by the Secretary in writing.</DELETED>
<DELETED> ``(2) Review panel.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
establish a review panel under section 871(a) to assist
in reviewing grant applications under this
section.</DELETED>
<DELETED> ``(B) Recommendations.--The review panel
established under subparagraph (A) shall make
recommendations to the Secretary regarding applications
for grants under this section.</DELETED>
<DELETED> ``(C) Membership.--The review panel
established under subparagraph (A) shall include
individuals with technical expertise in emergency
communications and communications interoperability and
emergency response providers and other relevant State
and local officials.</DELETED>
<DELETED> ``(3) Availability of funds.--Any grant funds
awarded that may be used to support emergency communications
capabilities or communications interoperability shall, as the
Secretary may determine, remain available for up to 3 years,
consistent with section 7303(e) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(e)).''.</DELETED>
<DELETED>SEC. 102. CONFORMING AMENDMENTS RELATING TO INTELLIGENCE
REFORM.</DELETED>
<DELETED> Section 7303(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)) is amended--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) Interoperable emergency communications
system and communications interoperability.--The terms
`interoperable emergency communications system' and
`communications interoperability' mean the ability of emergency
response providers and relevant Federal, State, and local
government agencies to--</DELETED>
<DELETED> ``(A) communicate with each other as
necessary, using information technology systems and
radio communications systems; and</DELETED>
<DELETED> ``(B) exchange voice, data, or video with
each other on demand, in real time, as necessary.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(3) Emergency communications capabilities.--The
term `emergency communications capabilities' means the ability
to provide and maintain, throughout an emergency response
operation, a continuous flow of information among emergency
responders, agencies, and government officials from multiple
disciplines and jurisdictions and at all levels of government
in the event of a natural disaster, terrorist attack, or other
large-scale or catastrophic emergency, including where there
has been significant damage to, or destruction of, critical
infrastructure, substantial loss of ordinary telecommunications
infrastructure, and sustained loss of electricity.''.</DELETED>
<DELETED>SEC. 103. COMMUNICATION SYSTEM GRANTS.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``demonstration project'' means a
demonstration project established under subsection
(b)(1);</DELETED>
<DELETED> (2) the term ``emergency response provider'' has
the meaning given that term in section 2(7) of the Homeland
Security Act of 2002 (6 U.S.C. 101(6)), as redesignated by this
Act; and</DELETED>
<DELETED> (3) the term ``interoperable emergency
communications system'' has the meaning given that term in
paragraph (10) of section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101), as amended by this Act.</DELETED>
<DELETED> (b) In General.--</DELETED>
<DELETED> (1) Establishment.--There is established in the
Department an ``International Border Community Interoperable
Communications Demonstration Project''.</DELETED>
<DELETED> (2) Minimum number of communities.--The Secretary
shall select not fewer than 6 communities to participate in a
demonstration project.</DELETED>
<DELETED> (3) Location of communities.--Not fewer than 3 of
the communities selected under paragraph (2) shall be located
on the northern border of the United States and not fewer than
3 of the communities selected under paragraph (2) shall be
located on the southern border of the United States.</DELETED>
<DELETED> (c) Project Requirements.--A demonstration project shall--
</DELETED>
<DELETED> (1) address the interoperable emergency
communications system needs of police officers, firefighters,
emergency medical technicians, National Guard, and other
emergency response providers;</DELETED>
<DELETED> (2) foster interoperable emergency communications
systems--</DELETED>
<DELETED> (A) among Federal, State, local, and
tribal government agencies in the United States
involved in preventing or responding to terrorist
attacks or other catastrophic events; and</DELETED>
<DELETED> (B) with similar agencies in Canada or
Mexico;</DELETED>
<DELETED> (3) identify common international cross-border
frequencies for communications equipment, including radio or
computer messaging equipment;</DELETED>
<DELETED> (4) foster the standardization of equipment for
interoperable emergency communications systems;</DELETED>
<DELETED> (5) identify solutions that will facilitate
communications interoperability across national borders
expeditiously;</DELETED>
<DELETED> (6) ensure that emergency response providers can
communicate with each other and the public at disaster sites or
in the event of a terrorist attack or other catastrophic
event;</DELETED>
<DELETED> (7) provide training and equipment to enable
emergency response providers to deal with threats and
contingencies in a variety of environments; and</DELETED>
<DELETED> (8) identify and secure appropriate joint-use
equipment to ensure communications access.</DELETED>
<DELETED> (d) Distribution of Funds.--</DELETED>
<DELETED> (1) In general.--The Secretary shall distribute
funds under this section to each community participating in a
demonstration project through the State, or States, in which
each community is located.</DELETED>
<DELETED> (2) Other participants.--Not later than 60 days
after receiving funds under paragraph (1), a State receiving
funds under this section shall make the funds available to the
local governments and emergency response providers selected by
the Secretary to participate in a demonstration
project.</DELETED>
<DELETED> (e) Reporting.--Not later than December 31, 2007, and each
year thereafter in which funds are appropriated for a demonstration
project, the Secretary shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on the
demonstration projects.</DELETED>
<DELETED>SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Executive Schedule.--</DELETED>
<DELETED> (1) Administrator.--Section 5313 of title 5,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``Administrator of the United States Emergency
Management Authority.''.</DELETED>
<DELETED> (2) Directors.--Section 5314 of title 5, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``Directors, United States Emergency Management
Authority.''.</DELETED>
<DELETED> (3) FEMA officers.--</DELETED>
<DELETED> (A) Federal insurance administrator.--
Section 5315 of title 5, United States Code, is amended
by striking ``Federal Insurance Administrator, Federal
Emergency Management Agency.'' and inserting
``Insurance Administrator, United States Emergency
Management Agency.''.</DELETED>
<DELETED> (B) Inspector general.--Section 5315 of
title 5, United States Code, is amended by striking
``Inspector General, Federal Emergency Management
Agency.'' and inserting ``Inspector General, United
States Emergency Management Agency.''.</DELETED>
<DELETED> (C) Chief information officer.--Section
5315 of title 5, United States Code, is amended by
striking ``Chief Information Officer, Federal Emergency
Management Agency.'' and inserting ``Chief Information
Officer, United States Emergency Management
Agency.''.</DELETED>
<DELETED> (b) Officers of the Department.--Section 103(a) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--</DELETED>
<DELETED> (1) by striking paragraph (5) and inserting the
following:</DELETED>
<DELETED> ``(5) An Administrator of the United States
Emergency Management Authority.'';</DELETED>
<DELETED> (2) by striking paragraph (2); and</DELETED>
<DELETED> (3) by redesignating paragraphs (3) through (10)
(as amended by this subsection) as paragraphs (2) through (9),
respectively.</DELETED>
<DELETED> (c) References.--Any reference to the Federal Emergency
Management Agency, or the Director thereof, in any law, rule,
regulation, certificate, directive, instruction, or other official
paper in force on the effective date of this title shall be considered
to refer and apply to the United States Emergency Management Authority
and the Administrator thereof, respectively.</DELETED>
<DELETED> (d) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by striking the items relating to title V and sections 501
through 509 and inserting the following:</DELETED>
<DELETED>``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE
<DELETED>``Sec. 501. Definitions
<DELETED>``Subtitle A--Preparedness and Response
<DELETED>``Sec. 511. Definitions
<DELETED>``Sec. 512. United States Emergency Management Authority
<DELETED>``Sec. 513. Authorities and responsibilities
<DELETED>``Sec. 514. Authority components
<DELETED>``Sec. 515. Preserving the United States Emergency Management
Authority
<DELETED>``Sec. 516. Directors
<DELETED>``Sec. 517. Regional Offices
<DELETED>``Sec. 518. National Advisory Council on Preparedness and
Response
<DELETED>``Sec. 519. National Incident Management System Integration
Center
<DELETED>``Sec. 520. National Operations Center
<DELETED>``Sec. 521. Chief Medical Officer
<DELETED>``Sec. 522. Public and community preparedness
<DELETED>``Sec. 523. Basic life supporting first aid education for
children
<DELETED>``Sec. 524. SAVER Program
<DELETED>``Sec. 525. National Search and Rescue Response System
<DELETED>``Sec. 526. Metropolitan Medical Response System
<DELETED>``Sec. 527. National Infrastructure Simulation and Analysis
Center
<DELETED>``Sec. 528. Emergency Management Assistance Compact
authorization
<DELETED>``Sec. 529. Office for the Prevention of Terrorism
<DELETED>``Sec. 530. Department officials
<DELETED>``Sec. 531. Credentialing
<DELETED>``Sec. 532. Typing of resources
<DELETED>``Sec. 533. Providing secure access to critical infrastructure
<DELETED>``Sec. 534. Improvements to information technology systems
<DELETED>``Sec. 535. Hurricane and tsunami evacuation technical
assistance
<DELETED>``Sec. 536. Nuclear incident response
<DELETED>``Sec. 537. Conduct of certain public health-related
activities
<DELETED>``Sec. 538. Use of national private sector networks in
emergency response
<DELETED>``Sec. 539. Use of commercially available technology, goods,
and services
<DELETED>``Sec. 540. Procurement of security countermeasures for
strategic national stockpile
<DELETED>``Sec. 541. Urban and other high risk area communications
capabilities
<DELETED>``Subtitle B--Emergency Communications
<DELETED>``Sec. 551. Definitions
<DELETED>``Sec. 552. Office of Emergency Communications
<DELETED>``Sec. 553. National Emergency Communications Strategy
<DELETED>``Sec. 554. Assessments and reports
<DELETED>``Sec. 555. Coordination of Federal emergency communications
grant programs
<DELETED>``Sec. 556. Emergency communications interoperability research
and development
<DELETED>``Sec. 557. Emergency communications pilot projects
<DELETED>``Sec. 558. Emergency communications and interoperability
grants''.
<DELETED>TITLE II--STAFFORD ACT AMENDMENTS</DELETED>
<DELETED>SEC. 201. GENERAL FEDERAL ASSISTANCE.</DELETED>
<DELETED> Section 402 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a) is amended--</DELETED>
<DELETED> (1) by striking ``In any major disaster, the
President'' and inserting the following:</DELETED>
<DELETED> ``(a) In General.--In any major disaster, the
President'';</DELETED>
<DELETED> (2) in subsection (a)(1), as so designated by this
section, by striking ``efforts'' and inserting ``response or
recovery efforts, including precautionary
evacuations'';</DELETED>
<DELETED> (3) in subsection (a)(2), as so designated by this
section, by striking the semicolon and inserting ``, including
precautionary evacuations;''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(5) provide accelerated Federal assistance and
Federal support where necessary to save lives, prevent human
suffering, or mitigate severe damage, which may be provided in
the absence of a specific request and in which case the
President--</DELETED>
<DELETED> ``(A) shall, to the extent practicable,
notify and coordinate with a State in which such
assistance or support is provided; and</DELETED>
<DELETED> ``(B) shall not, in notifying and
coordinating with a State under subparagraph (A), delay
or impede the rapid deployment, use, and distribution
of critical resources to victims of a major
disaster.</DELETED>
<DELETED> ``(b) Recovery Efforts.--In any major disaster, the
President may assist State and local governments in short-term and
long-term recovery from the consequences of a major disaster and
coordinate any such federal assistance provided by--</DELETED>
<DELETED> ``(1) identifying federal programs and agencies to
support the implementation of short-term and long-term recovery
efforts of State, regional, local, tribal
governments;</DELETED>
<DELETED> ``(2) directing any Federal agency, with or
without reimbursement to utilize its authorities and resources
to--</DELETED>
<DELETED> ``(A) support State, and local
governments, nongovernmental organizations, and the
private sector by conducting a postdisaster assessment
of social, economic, and environmental impacts;
and</DELETED>
<DELETED> ``(B) provide technical assistance,
guidance, and resources to State and local governments
to undertake long-term recovery activities;</DELETED>
<DELETED> ``(3) creating a plan that clearly outlines the
roles, responsibilities, and shared activities of each Federal
department and agency involved in long-term recovery
activities;</DELETED>
<DELETED> ``(4) coordinating long-term recovery activities
and mitigation provided by all Federal agencies,
nongovernmental organizations, the private sector, and State
and local governments; and</DELETED>
<DELETED> ``(5) providing technical assistance and other
advice to State and local governments affected by the major
disaster to--</DELETED>
<DELETED> ``(A) assess social, economic, and
environmental impacts (including impacts to living
resources) of the major disaster on the affected
geographic region;</DELETED>
<DELETED> ``(B) support coordinated, multi-scale
planning that takes postdisaster assessments and hazard
and risk modeling into account;</DELETED>
<DELETED> ``(C) coordinate data sharing and
information management between Federal agencies, State
and local governments, nongovernmental organizations,
and the private sector;</DELETED>
<DELETED> ``(D) coordinate implementation of plans
for long-term recovery activities; and</DELETED>
<DELETED> ``(E) manage, control, and mitigate hazard
risk in a way that reduces injuries, loss of life,
damage to the natural environment, and damage and
destruction of property, including damage to living
resources and facilities.</DELETED>
<DELETED> ``(c) Long-Term Recovery Offices.--The President may
establish and operate long-term recovery offices in any area in which
the President has declared a major disaster.</DELETED>
<DELETED> ``(d) Guidelines.--The President shall promulgate and
maintain guidelines to assist Governors in making requests under this
section by defining the types of assistance available to affected
States and the circumstances under which such requests are likely to be
approved.''.</DELETED>
<DELETED>SEC. 202. NATIONAL DISASTER RECOVERY STRATEGY.</DELETED>
<DELETED> (a) In General.--The Administrator, in coordination with
the Secretary of Housing and Urban Development, the Administrator of
the Environmental Protection Agency, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of the Treasury, the Administrator
of the Small Business Administration, and State and local government
officials, shall develop, coordinate, and maintain a National Disaster
Recovery Strategy.</DELETED>
<DELETED> (b) Contents.--The National Disaster Recovery Strategy
shall--</DELETED>
<DELETED> (1) outline the most efficient and cost effective
Federal programs that will meet the short-term and long-term
recovery needs of States, local governments, and individuals
affected by a major disaster;</DELETED>
<DELETED> (2) clearly define the role, programs,
authorities, and responsibilities of each Federal department or
agency that may be of assistance in providing assistance in the
recovery from a major disaster;</DELETED>
<DELETED> (3) describe in detail the programs that will be
offered by the departments and agencies described in paragraph
(2), including--</DELETED>
<DELETED> (A) discussing funding issues;</DELETED>
<DELETED> (B) detailing how responsibilities under
the National Disaster Recovery Strategy will be shared;
and</DELETED>
<DELETED> (C) addressing other matters concerning
the cooperative effort to provide recovery
assistance.</DELETED>
<DELETED> (c) Report.--Not later than 270 days after the date of
enactment of this Act, and on May 1 of every year thereafter, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report describing in detail
the National Disaster Recovery Strategy and any additional authorities
necessary to implement any portions of the National Disaster Recovery
Strategy.</DELETED>
<DELETED>SEC. 203. ENVIRONMENTAL MITIGATION.</DELETED>
<DELETED> (a) In General.--Section 322(c)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165(c)(1)) is amended by inserting ``or man-made'' after
``natural''.</DELETED>
<DELETED> (b) Hazard Mitigation.--The second sentence of section
404(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(a)) is amended by inserting ``or man-
made'' after ``natural''.</DELETED>
<DELETED>SEC. 204. DISASTER HOUSING STRATEGY.</DELETED>
<DELETED> (a) In General.--The Administrator, in coordination with
the Secretary of Housing and Urban Development and State and local
government officials, shall develop, coordinate, and maintain a
National Disaster Housing Strategy.</DELETED>
<DELETED> (b) Contents.--The National Disaster Housing Strategy
shall--</DELETED>
<DELETED> (1) outline the most efficient and cost effective
Federal programs that will best meet the short-term and long-
term housing needs of individuals and households affected by
major disasters;</DELETED>
<DELETED> (2) clearly define the role, programs,
authorities, and responsibilities of each entity in providing
housing assistance in the event of a major disaster,
including--</DELETED>
<DELETED> (A) the Authority;</DELETED>
<DELETED> (B) the Department of Housing and Urban
Development;</DELETED>
<DELETED> (C) the Department of
Agriculture;</DELETED>
<DELETED> (D) the Department of Veterans
Affairs;</DELETED>
<DELETED> (E) the Department of Health and Human
Services;</DELETED>
<DELETED> (F) any other Federal agency that may
provide housing assistance in the event of a major
disaster;</DELETED>
<DELETED> (G) the American Red Cross; and</DELETED>
<DELETED> (H) State and local governments;</DELETED>
<DELETED> (3) describe in detail the programs that will be
offered by the entities described in paragraph (2), including--
</DELETED>
<DELETED> (A) outlining any funding
issues;</DELETED>
<DELETED> (B) detailing how responsibilities under
the National Disaster Housing Strategy will be shared;
and</DELETED>
<DELETED> (C) addressing other matters concerning
the cooperative effort to provide housing assistance
during a major disaster;</DELETED>
<DELETED> (4) consider methods through which housing
assistance can be provided to individuals and households where
employment and other resources for living are
available;</DELETED>
<DELETED> (5) describe programs directed to meet the needs
of special needs and low income populations;</DELETED>
<DELETED> (6) describe plans for the operation of clusters
of housing provided to individuals and households, including
but not limited to access to public services, site management,
security, and site density; and</DELETED>
<DELETED> (7) describe any additional authorities necessary
to carry out any portion of the strategy.</DELETED>
<DELETED> (c) Report.--Not later than 270 days after the date of
enactment of this Act, and on May 1 of every year thereafter, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing in detail the National Disaster
Housing Strategy, including programs directed to meeting the needs of
special needs populations.</DELETED>
<DELETED>SEC. 205. ESSENTIAL SERVICES.</DELETED>
<DELETED> Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:</DELETED>
<DELETED>``SEC. 425. ESSENTIAL SERVICE PROVIDERS.</DELETED>
<DELETED> ``(a) Definition.--In this section, the term `essential
service provider' means an entity that--</DELETED>
<DELETED> ``(1) provides--</DELETED>
<DELETED> ``(A) telecommunications
service;</DELETED>
<DELETED> ``(B) electrical power;</DELETED>
<DELETED> ``(C) natural gas;</DELETED>
<DELETED> ``(D) water and sewer services;
or</DELETED>
<DELETED> ``(E) any other essential service, as
determined by the President;</DELETED>
<DELETED> ``(2) is--</DELETED>
<DELETED> ``(A) a municipal entity;</DELETED>
<DELETED> ``(B) a nonprofit entity; or</DELETED>
<DELETED> ``(C) a private, for-profit entity;
and</DELETED>
<DELETED> ``(3) is contributing to efforts to respond to an
emergency or major disaster.</DELETED>
<DELETED> ``(b) Authorization.--In an emergency or major disaster,
the President may use Federal equipment, supplies, facilities,
personnel, and other non-monetary resources to assist an essential
service provider, in exchange for reasonable compensation.</DELETED>
<DELETED> ``(c) Compensation.--</DELETED>
<DELETED> ``(1) In general.--The President shall, by
regulation, establish a mechanism to set reasonable
compensation to the Federal Government for the provision of
assistance under subsection (b).</DELETED>
<DELETED> ``(2) Criteria.--The mechanism established under
paragraph (1)</DELETED>
<DELETED> ``(A) shall reflect the cost to the
government (or if this is not readily obtainable, the
full market value under the applicable circumstances)
for assistance provided under subsection (b) in setting
compensation;</DELETED>
<DELETED> ``(B) shall have, to the maximum degree
feasible, streamlined procedures for determining
compensation; and</DELETED>
<DELETED> ``(C) may, at the President's discretion,
be based on a good faith estimate of cost to the
government rather than an actual accounting of
costs.</DELETED>
<DELETED> ``(3) Periodic review.--The President shall
periodically review, and if necessary revise, the regulations
established under paragraphs (1) and (2) to ensure that these
regulations result in full compensation to the government for
transferred resources. Such reviews shall occur no less
frequently than once every 2 years, and the results of such
reviews shall be reported to the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.''.</DELETED>
<DELETED>SEC. 206. HAZARD MITIGATION GRANT PROGRAM FORMULA.</DELETED>
<DELETED> The third sentence of section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking ``7.5 percent'' and inserting ``15
percent for the amount spent up to $2,000,000,000, 10 percent for
amounts between $2,000,000,000 and $10,000,000,000, and 7.5 percent on
amounts spent between $10,000,000,000 and $35,333,000,000''.</DELETED>
<DELETED>SEC. 207. HOUSING ASSISTANCE.</DELETED>
<DELETED> Section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) is amended--</DELETED>
<DELETED> (1) in subsection (b), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Consent of individual or household.--
</DELETED>
<DELETED> ``(A) In general.--Notwithstanding
paragraph (2), the President shall seek the consent of
each individual or household before providing such
individual or household with a direct housing
assistance option.</DELETED>
<DELETED> ``(B) Rejection of direct housing
assistance.--If an individual or household does not
provide consent under subparagraph (A), such individual
or household shall remain eligible for any other
assistance available under this section.'';
and</DELETED>
<DELETED> (2) in subsection (c)(1)--</DELETED>
<DELETED> (A) by striking ``Temporary'' in the
paragraph heading;</DELETED>
<DELETED> (B) in paragraph (1)(B)--</DELETED>
<DELETED> (i) in clause (i), by striking
``housing units'' and inserting ``semi-
permanent, or permanent housing'';
and</DELETED>
<DELETED> (ii) in clause (iii), by striking
``housing units'' and inserting ``semi-
permanent, or permanent housing'';</DELETED>
<DELETED> (C) in paragraph (4)--</DELETED>
<DELETED> (i) by inserting ``or semi-
permanent'' after ``permanent''; and</DELETED>
<DELETED> (ii) by striking ``insular'' and
``remote''.</DELETED>
<DELETED>SEC. 208. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE
PROGRAMS.</DELETED>
<DELETED> Section 408(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--</DELETED>
<DELETED> (1) by striking paragraph (2)(C); and</DELETED>
<DELETED> (2) in paragraph (3)--</DELETED>
<DELETED> (A) by striking subparagraph (B);
and</DELETED>
<DELETED> (B) by redesignating subparagraph (C) as
subparagraph (B).</DELETED>
<DELETED>SEC. 209. COORDINATING OFFICERS.</DELETED>
<DELETED> Section 302(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5143(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (4), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) serve as a primary point of contact for, and
provide situational awareness to, the Secretary of Homeland
Security.''.</DELETED>
<DELETED>SEC. 210. DEFINITIONS.</DELETED>
<DELETED> Section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``or, regardless
of cause, any fire, flood, or explosion'' and inserting ``any
fire, flood, or explosion (regardless of cause), any act of
domestic terrorism or international terrorism (as those terms
are defined in section 2331 of title 18, United States Code),
any outbreak of infectious disease, any chemical release, or
any other incident'';</DELETED>
<DELETED> (2) in paragraph (9), by inserting ``(including
museums, zoos, performing arts organizations, community
centers, libraries, homeless shelters, senior citizen centers,
rehabilitation facilities, and shelter workshops)'' after
``general public''; and</DELETED>
<DELETED> (3) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively, and inserting after
paragraph (5) the following:</DELETED>
<DELETED> ``(6) Individual with a disability.--The term
`individual with a disability' means an individual with a
disability as defined in section 3(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)).''.</DELETED>
<DELETED>SEC. 211. CATASTROPHIC DAMAGE ASSISTANCE.</DELETED>
<DELETED> The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended--</DELETED>
<DELETED> (1) by redesignating title VII as title
VIII;</DELETED>
<DELETED> (2) by redesignating sections 701 through 705 as
subsections 801 through 805, respectively; and</DELETED>
<DELETED> (3) by inserting after title VI, the
following:</DELETED>
<DELETED>``TITLE VII--CATASTROPHIC DAMAGE ASSISTANCE</DELETED>
<DELETED>``SEC. 701. ADDITIONAL ASSISTANCE.</DELETED>
<DELETED> ``(a) In General.--Following a declaration of a major
disaster, if a damage assessment indicates that damages qualify as
catastrophic, the President may provide, in addition to other relief
available under section 408, the assistance provided for in this title
or alter the assistance available under section 408 as described in
this title.</DELETED>
<DELETED> ``(b) Regulations.--The President shall promulgate
regulations establishing a threshold for a catastrophic damages
determination which consider the following factors:</DELETED>
<DELETED> ``(1) The dollar amount per capita of damage to
the State, its political subdivisions, or a region.</DELETED>
<DELETED> ``(2) The impact on the ability of the State, its
political subdivisions, or regions to perform response and
recovery activities, as well as capacity to provide basic
services to citizenry.</DELETED>
<DELETED> ``(3) The estimated impact of revenue loss to the
State, its political subdivisions, or a region.</DELETED>
<DELETED> ``(4) The number of individuals and households
displaced from their predisaster residences by the
event.</DELETED>
<DELETED> ``(5) The severity of loss of housing stock,
utility services, and alternative living
accommodations.</DELETED>
<DELETED> ``(6) The severity of the impact on employment
rates in the State, its political subdivisions, or a
region.</DELETED>
<DELETED> ``(7) The anticipated length and difficulty of the
recovery process.</DELETED>
<DELETED> ``(8) Other factors that the President deems
relevant.</DELETED>
<DELETED>``SEC. 702. CATASTROPHIC DAMAGE.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Types of assistance.--In the event of a
catastrophic damages determination under section 701 the
President may provide to an individual or household any type of
assistance authorized under section 408 in the event of a major
disaster.</DELETED>
<DELETED> ``(2) Terms.--Except as provided in subsection
(b), assistance under paragraph (1) shall be provided on the
same terms and conditions as under section 408.</DELETED>
<DELETED> ``(b) Maximum Amount; Federal Share.--</DELETED>
<DELETED> ``(1) Maximum amount.--The President may increase
the maximum amount of assistance under subsection (a)(1), which
may not exceed twice the maximum amount authorized under
section 408(h).</DELETED>
<DELETED> ``(2) Federal share.--The President may increase
the Federal share of the costs eligible to be paid using
assistance provided under subsection (a)(1) to not more than--
</DELETED>
<DELETED> ``(A) 100 percent for assistance provided
under section 408(g)(2) during the 3-month period
beginning on the date on which the President declared
the major disaster; and</DELETED>
<DELETED> ``(B) 90 percent for assistance provided
under section 408(g)(2) during the period beginning on
the day after the date described in subparagraph (A)
and ending on the date that is 9 months after the date
on which the President declared the major
disaster.</DELETED>
<DELETED>``SEC. 703. MORTGAGE AND RENTAL ASSISTANCE.</DELETED>
<DELETED> ``(a) Eligible Person.--In this section, the term
`eligible person' means an individual or household who--</DELETED>
<DELETED> ``(1) resides in his or her predisaster primary
residence;</DELETED>
<DELETED> ``(2) has experienced a loss of at least 20
percent of his or her predisaster income as a result of a major
disaster;</DELETED>
<DELETED> ``(3) has a rent or mortgage payment that
constitutes at least 25 percent of his or her post-disaster
income; and</DELETED>
<DELETED> ``(4) as a result of financial hardship caused by
the incident determined to have caused catastrophic damage, is
subject to--</DELETED>
<DELETED> ``(A) dispossession or eviction from the
residence of the individual or household; or</DELETED>
<DELETED> ``(B) foreclosure of a mortgage or lien or
termination of a lease entered into before the date on
which the catastrophic incident was declared.</DELETED>
<DELETED> ``(b) Assistance.--The President may provide assistance to
eligible persons to make mortgage or rental payments.</DELETED>
<DELETED> ``(c) Limitations.--Assistance under subsection (b) shall
be included against the assistance limitation under section 702(b)(1).
Such assistance shall be provided as an alternative to other housing
assistance described in sections 408(b) and 702(a).</DELETED>
<DELETED> ``(d) Promulgation of Rules and Verification
Requirements.--Not later than 120 days after the date of enactment of
the Post Katrina Emergency Management Reform Act of 2006, the President
shall promulgate rules and issue verification requirements, documents,
and procedures to administer the program authorized under this
section.</DELETED>
<DELETED> ``(e) Period of Assistance.--The President may not provide
assistance to an individual or household under subsection (b) for more
than 12 months during the 18-month period beginning on the date of the
declaration of a major disaster by the President.</DELETED>
<DELETED>``SEC. 704. DISASTER UNEMPLOYMENT ASSISTANCE.</DELETED>
<DELETED> ``(a) In General.--The President may provide to an
individual unemployed as a result of a major disaster causing
catastrophic damage as determined under section 701(a) any assistance
authorized under section 410 in the event of a major disaster for the
period authorized under subsection (b).</DELETED>
<DELETED> ``(b) Duration of Assistance.--The President may provide
assistance to an individual under subsection (a) for not more than 52
weeks after the date on which the President declared the major disaster
that resulted in the unemployment of that individual.</DELETED>
<DELETED>``SEC. 705. COMMUNITY DISASTER LOAN PROGRAM.</DELETED>
<DELETED> ``(a) In General.--Except as provided in subsection (b),
the President may provide to a local government located in an area for
which the President has determined has suffered catastrophic damage
from a major disaster any assistance authorized under section 417 in
the event of a major disaster.</DELETED>
<DELETED> ``(b) Maximum Amount and Use of Funds.--</DELETED>
<DELETED> ``(1) Maximum amount.--In providing assistance
under subsection (a), the President may waive the limitations
under section 417(b) on the maximum amount of a loan under
section 417. The President may establish additional criteria
for eligibility for assistance provided in excess of the
limitation under Sec. 417(b) in order to ensure that the
additional assistance is awarded to those jurisdictions most
impacted by the major disaster.</DELETED>
<DELETED> ``(2) Use of funds.--The President may authorize a
local government receiving assistance under subsection (a) to
use that assistance for salaries, including overtime, of
employees of that local government.</DELETED>
<DELETED>``SEC. 706. REIMBURSEMENT FOR PURCHASES.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Disaster period.--The term `disaster period'
means, with respect to any State that includes an area for
which a major disaster has been declared in accordance with
section 401, the period beginning on the earliest date on which
any area of the State was so declared and ending on the latest
date for which any such declaration of an area of the State
terminates.</DELETED>
<DELETED> ``(2) Survivor.--The term `survivor' means an
individual who--</DELETED>
<DELETED> ``(A) resides in an area for which a major
disaster has been declared in accordance with section
401; or</DELETED>
<DELETED> ``(B) resided in an area described in
subparagraph (A) during the 7 days immediately
preceding the date of declaration of a major disaster
described in subparagraph (A).</DELETED>
<DELETED> ``(b) Reimbursement.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding any other
provision of law, the President may reimburse a community for
each purchase of supplies (such as food, personal hygiene
products, linens, and clothing) distributed to survivors. The
Federal share of such assistance shall be 90 percent.</DELETED>
<DELETED> ``(2) Eligible purchases.--Reimbursement under
paragraph (1) shall be available only with respect to supplies
that--</DELETED>
<DELETED> ``(A) are purchased with taxpayer dollars;
and</DELETED>
<DELETED> ``(B) would otherwise be eligible for
reimbursement if purchased by a survivor.</DELETED>
<DELETED> ``(c) Period of Applicability.--This section and the
authority provided by this section apply only to a community assisting
survivors from a State during the disaster period of the
State.''.</DELETED>
<DELETED>SEC. 212. INDIVIDUALS WITH DISABILITIES.</DELETED>
<DELETED> (a) Standards.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall develop standards to
accommodate individuals with disabilities, which shall include
standards for--</DELETED>
<DELETED> (1) the accessibility of, and communications and
programs in, shelters, recovery centers, and other facilities;
and</DELETED>
<DELETED> (2) devices used in connection with disaster
operations, including first aid stations, mass feeding areas,
portable payphone stations, portable toilets, and temporary
housing.</DELETED>
<DELETED> (b) Nondiscrimination in Disaster Assistance.--Section
308(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5151(a)) is amended by inserting
``disability,'' after ``age,''.</DELETED>
<DELETED> (c) Essential Assistance.--Section 403(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by inserting ``durable
medical equipment,'' after ``medicine''; and</DELETED>
<DELETED> (2) in paragraph (3)(B), by inserting ``durable
medical equipment,'' after ``medicine''.</DELETED>
<DELETED> (d) Repair, Restoration, and Replacement of Damaged
Facilities.--Section 406(e)(1)(A)(ii) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(e)(1)(A)(ii)) is amended by inserting ``disability accessibility
requirements,'' after ``specifications'' .</DELETED>
<DELETED> (e) Federal Assistance to Individuals and Households.--
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--</DELETED>
<DELETED> (1) in subsection (b)(1), by inserting ``, or with
respect to individuals with disabilities, rendered inaccessible
or uninhabitable,'' after ``uninhabitable''; and</DELETED>
<DELETED> (2) in subsection (d)(1)(A)--</DELETED>
<DELETED> (A) in clause (i), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) by redesignating clause (ii) as clause
(iii); and</DELETED>
<DELETED> (C) by inserting after clause (i) the
following:</DELETED>
<DELETED> ``(ii) meets the physical
accessibility requirements for individuals with
disabilities; and''.</DELETED>
<DELETED> (f) Emergency Public Transportation.--Section 419 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5186) is amended by inserting ``The President shall ensure to
the maximum extent practicable that temporary public transportation
services under this section are planned, designed, and carried out to
meet the needs of individuals with disabilities and others with special
needs.'' at the end.</DELETED>
<DELETED> (g) Exercises.--The Administrator shall include
individuals with disabilities in preparedness and planning
activities.</DELETED>
<DELETED>SEC. 213. DISABILITY COORDINATOR.</DELETED>
<DELETED> The Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by inserting after section 302 the
following:</DELETED>
<DELETED>``SEC. 302A. DISABILITY COORDINATOR.</DELETED>
<DELETED> ``(a) In General.--After consultation with organizations
representing individuals with disabilities and the Interagency
Coordinating Council on Preparedness and Individuals with Disabilities
established under Executive Order 13347 (6 U.S.C. 312 note), the
Administrator of the United States Emergency Management Agency shall
appoint a Disability Coordinator. The Disability Coordinator shall
report directly to the Administrator, in order to ensure that the needs
of individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.</DELETED>
<DELETED> ``(b) Responsibilities.--The Disability Coordinator shall
be responsible for--</DELETED>
<DELETED> ``(1) providing guidance and coordination on
matters related to individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
major disaster;</DELETED>
<DELETED> ``(2) interacting directly with Administration
staff, the Interagency Coordinating Council on Preparedness and
Individuals with Disabilities established under Executive Order
No. 13347 (6 U.S.C. 312 note), other agencies of the Federal
Government, and State and local government authorities
regarding the needs of individuals with disabilities in
emergency planning requirements and relief efforts in the event
of a major disaster;</DELETED>
<DELETED> ``(3) consulting with organizations that represent
the interests and rights of individuals with disabilities about
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
major disaster;</DELETED>
<DELETED> ``(4) coordinating and disseminating best
practices and model evacuation plans for individuals with
disabilities;</DELETED>
<DELETED> ``(5) developing a curriculum for first responder
training on the needs of individuals with disabilities,
including the needs of individuals with physical disabilities
and the needs of individuals with psychiatric
disabilities;</DELETED>
<DELETED> ``(6) developing training materials for State and
local governmental officials, first responders, and others
about the importance of allowing individuals with disabilities
to retain their durable medical equipment, wheelchairs, service
animals, and other assistive devices, to the maximum extent
possible, in the aftermath of a major disaster;</DELETED>
<DELETED> ``(7) working with the Director of the Centers for
Medicare and Medicaid Services, durable medical equipment
regional carriers, manufacturers and suppliers of durable
medical equipment, and medical professionals to draft an
emergency response plan for the temporary loan or replacement
of durable medical equipment in the event of a major
disaster;</DELETED>
<DELETED> ``(8) ensuring the accessibility of telephone
hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;</DELETED>
<DELETED> ``(9) working with the Chairman of the Federal
Communications Commission to ensure that video programming
distributors, including broadcasters, cable operators, and
satellite television services, make emergency information
accessible to individuals with hearing and vision
disabilities;</DELETED>
<DELETED> ``(10) coordinating the availability of accessible
transportation options for individuals with disabilities in the
event of an evacuation;</DELETED>
<DELETED> ``(11) providing guidance and implementing
policies to ensure that the rights and wishes of individuals
with disabilities regarding post-evacuation residency and
relocation are respected;</DELETED>
<DELETED> ``(12) ensuring that meeting the needs of
individuals with disabilities are included in any Federal
emergency response plans; and</DELETED>
<DELETED> ``(13) any other duties relevant to emergency
preparedness an response for individuals with
disabilities.''.</DELETED>
<DELETED>SEC. 214. TEMPORARY HOUSING.</DELETED>
<DELETED> Section 408(c)(1)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is
amended by adding at the end the following--</DELETED>
<DELETED> ``(iv) Accessibility.--</DELETED>
<DELETED> ``(I) In general.--Not
less than 5 percent of the total
housing units provided under this
subparagraph for a major disaster shall
be made accessible for persons with
mobility impairments. Not less than an
additional 2 percent of such units
shall be made accessible for persons
with hearing or vision
impairments.</DELETED>
<DELETED> ``(II) Increases.--The
President may increase a percentage
under subclause (I) for any area upon
request by any State or local
government or agency, based upon
demonstration to the reasonable
satisfaction of the President of a need
for a higher percentage, based on
census data or other available data on
the location of people with
disabilities, or in response to
evidence of a need for higher
percentage or number received in any
other manner. In reviewing a request
under this subclause, or otherwise
assessing the existence of such needs,
the President shall take into account
the expected needs of eligible persons
with an without
disabilities''.</DELETED>
<DELETED>SEC. 215. GAO STUDY ON ACCESSIBILITY OF EMERGENCY
SHELTERS.</DELETED>
<DELETED> (a) In General.--The Comptroller General of the United
States shall conduct a national study regarding whether, and, if so, to
what extent, emergency shelters for use in response to a major
disaster, as that term is defined in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) are accessible to, and usable by, individuals with
disabilities.</DELETED>
<DELETED> (b) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report summarizing the results of this study to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Homeland Security and the Committee on Education and
the Workforce of the House of Representatives.</DELETED>
<DELETED>SEC. 216. REUNIFICATION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Child locator center.--The term ``Child
Locator Center'' means the National Emergency Child Locator
Center established under subsection (c).</DELETED>
<DELETED> (2) Declared event.--The term ``declared event''
means major disaster or emergency declared under the short
title.</DELETED>
<DELETED> (3) Displaced adult.--The term ``displaced adult''
means an individual 21 years of age or older who is displaced
from the habitual residence of that individual as a result of a
declared event.</DELETED>
<DELETED> (4) Displaced child.--The term ``displaced child''
means an individual under 21 years of age who is displaced from
the habitual residence of that individual as a result of a
declared event.</DELETED>
<DELETED> (b) National Emergency Child Locator Center.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General of the
United States, in coordination with the Authority, shall
establish within the National Center for Missing and Exploited
Children the National Emergency Child Locator Center.</DELETED>
<DELETED> (2) Purposes.--The purposes of the Child Locator
Center are to--</DELETED>
<DELETED> (A) enable individuals to provide to the
Child Locator Center the name of and other identifying
information about a displaced child or a displaced
adult who may have information about the location of a
displaced child;</DELETED>
<DELETED> (B) enable individuals to receive
information about other sources of information about
displaced children and displaced adults; and</DELETED>
<DELETED> (C) assist law enforcement in locating
displaced children.</DELETED>
<DELETED> (3) Responsibilities and duties.--The
responsibilities and duties of the Child Locator Center are
to--</DELETED>
<DELETED> (A) establish a toll-free telephone number
to receive reports of displaced children and
information about displaced adults that may assist in
locating displaced children;</DELETED>
<DELETED> (B) create a website to provide
information about displaced children;</DELETED>
<DELETED> (C) deploy its staff to the location of a
declared event to gather information about displaced
children;</DELETED>
<DELETED> (D) assist in the reunification of
displaced children with their families;</DELETED>
<DELETED> (E) provide information to the public
about additional resources for disaster
assistance;</DELETED>
<DELETED> (F) work in partnership with Federal,
State, and local law enforcement agencies;</DELETED>
<DELETED> (G) provide technical assistance in
locating displaced children;</DELETED>
<DELETED> (H) share information on displaced
children and displaced adults with governmental
agencies and nongovernmental organizations providing
disaster assistance;</DELETED>
<DELETED> (I) use its resources to gather
information about displaced children;</DELETED>
<DELETED> (J) refer reports of displaced adults to
an entity designated by the Attorney General to provide
technical assistance in locating displaced
adults;</DELETED>
<DELETED> (K) enter into cooperative agreements with
Federal and State agencies as necessary to implement
the mission of the Child Locator Center; and</DELETED>
<DELETED> (L) develop an emergency response plan to
prepare for the activation of the Child Locator
Center.</DELETED>
<DELETED> (c) Conforming Amendments.--Section 403(1) of the Missing
Children's Assistance Act (42 U.S.C. 5772(1)) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``or'' at the
end;</DELETED>
<DELETED> (2) in subparagraph (B), by adding ``or'' after
the semicolon; and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) the
following:</DELETED>
<DELETED> ``(C) the individual is an individual
under 21 years of age who is displaced from the
habitual residence of that individual as a result of an
emergency or major disaster (as those terms are defined
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122)).''.</DELETED>
<DELETED>SEC. 217. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR
SYSTEM.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``displaced individual'' means an
individual displaced by an emergency or major disaster;
and</DELETED>
<DELETED> (2) the term ``National Emergency Family Registry
and Locator System'' means the National Emergency Family
Registry and Locator System established under subsection
(b).</DELETED>
<DELETED> (b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a National
Emergency Family Registry and Locator System to help reunify families
separated after an emergency or major disaster.</DELETED>
<DELETED> (c) Operation of System.--The National Emergency Family
Registry and Locator System shall--</DELETED>
<DELETED> (1) allow a displaced individual to voluntarily
register, by submitting personal information to be entered into
a database (such as the name, current location of residence,
and any other relevant information that could be used by others
seeking to locate that individual);</DELETED>
<DELETED> (2) include a means of providing information
submitted under paragraph (1) to a family member of a displaced
individual and to law enforcement officials; and</DELETED>
<DELETED> (3) be accessible through the Internet and through
a toll-free number, to receive reports of displaced
individuals.</DELETED>
<DELETED> (d) Publication of Information.--Not later than 210 days
after the date of enactment of this Act, the Administrator shall
establish a mechanism to inform the public about the National Emergency
Family Registry and Locator System and its potential usefulness for
assisting to reunite displaced individuals with their
families.</DELETED>
<DELETED> (e) Coordination.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall enter a memorandum of
understanding with the Department of Justice, the National Center for
Missing and Exploited Children, the Department of Health and Human
Services, and the American Red Cross and other relevant private
organizations that will enhance the sharing of information to
facilitate reuniting displaced individuals with their
families.</DELETED>
<DELETED>SEC. 218. FEDERAL ASSISTANCE TO INDIVIDUALS AND
HOUSEHOLDS.</DELETED>
<DELETED> (a) Shared Households.--</DELETED>
<DELETED> (1) In general.--Section 408(b)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(b)(1)) is amended--</DELETED>
<DELETED> (A) by striking ``The President may'' and
inserting the following:</DELETED>
<DELETED> ``(A) In general.--The President may'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Shared households.--</DELETED>
<DELETED> ``(i) Definition.--In this
subparagraph, the term `member of the
predisaster household' means an individual who
was a member of the predisaster household of
the individual or a member of the predisaster
household seeking assistance, as the case may
be.</DELETED>
<DELETED> ``(ii) Eligibility for shared
households.--The President may not deny
assistance to an individual or household under
this section because a member of the
predisaster household has already received
assistance under this section, if the
individual or household seeking assistance--
</DELETED>
<DELETED> ``(I) has evacuated the
predisaster residence of that
individual or household and who for
good cause, as determined by the
President, resides in a different
location than a member of the
predisaster household who has already
received assistance under this
section;</DELETED>
<DELETED> ``(II) is a victim of
domestic violence, dating violence,
sexual assault or stalking and, in
order to protect his or her safety or
because of family or household break-up
or divorce, resides in a different
residence than the member of the
predisaster household who has already
received assistance under this section;
or</DELETED>
<DELETED> ``(III) has other good
cause, as determined by the President,
for maintaining a separate household
from the member of the predisaster
household who has already received
assistance under this
section.''.</DELETED>
<DELETED> (2) Regulations.--Not later than 180 days after
the date of enactment of this Act, the President shall issue
regulations to carry out the amendments made by this
subsection.</DELETED>
<DELETED> (b) Utility Costs and Fair Market Rent.--</DELETED>
<DELETED> (1) In general.--Section 408(c)(1)(A) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174(c)(1)(A)) is amended--</DELETED>
<DELETED> (A) in clause (ii) by inserting ``(as
determined by the Department of Housing and Urban
Development)'' after ``rent'';</DELETED>
<DELETED> (B) in clause (ii) by inserting ``security
deposits'' after ``hookups'';</DELETED>
<DELETED> (C) in clause (ii) by adding ``The
assistance provided under clause (i) may be used for
tenant-paid utilities, except telephones.'' at the end;
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) Adjustments to amount.--
</DELETED>
<DELETED> ``(I) In general.--The
President shall provide assistance
under clause (i) in an amount up to 120
percent of fair market rent plus the
costs described in clause (ii) if the
President determines that, as a result
of rental market changes caused by the
major disaster and its consequences,
the fair market rent does not
accurately reflect the reasonable cost
of rental units available to
individuals and households receiving
assistance under clause (i). The
President may provide assistance over
120 percent of fair market rent if the
President determines that due to
extraordinary circumstances a higher
percentage is necessary. The President
shall publicly announce any adjustment
to the fair market rent in accordance
with this subsection.</DELETED>
<DELETED> ``(II) Persons with
disabilities.--The President shall
adjust the amount of assistance under
clause (i) if the President deems such
adjustment necessary to accommodate the
special housing needs of an individual
with disabilities as defined in section
3(2) of the Americans with Disabilities
Act of 1990 (42 U.S.C.
12102(2)).''.</DELETED>
<DELETED> (2) Emergency.--Section 408(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)) is amended--</DELETED>
<DELETED> (A) In paragraph 6, by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) in paragraph 7, by striking the period
and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(8) provide excellerated Federal assistance in
Federal support where necessary to save lives, prevent human
suffering, or mitigate severe damage, which may be provided in
the absence of a specific request in which the President--
</DELETED>
<DELETED> ``(A) shall, to the extent practicable,
notify and coordinate with a State in which such
assistance or support is provided; and</DELETED>
<DELETED> ``(B) shall not, in notifying and
coordinating with a State under subparagraph (A), delay
or impede the rapid deployment, use, and distribution
of critical resources to victims of an
emergency.''.</DELETED>
<DELETED> (c) Guidance on Housing Assistance.--Section 408(c) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(5) Public guidance on housing assistance.--
</DELETED>
<DELETED> ``(A) In general.--The President shall
issue public guidance in simple terms explaining--
</DELETED>
<DELETED> ``(i) all types of housing
assistance available under this Act to
individuals and households affected by a major
disaster;</DELETED>
<DELETED> ``(ii) the specific requirements
that individuals and households shall meet to
be eligible for different types of housing
assistance under this Act, including
requirements for continuation of housing
assistance provided;</DELETED>
<DELETED> ``(iii) procedures for applying
for such assistance;</DELETED>
<DELETED> ``(iv) any relevant local
condition; and</DELETED>
<DELETED> ``(v) any modifications of
previously announced policies or
procedures.</DELETED>
<DELETED> ``(B) Form of issuing guidance.--The
President shall--</DELETED>
<DELETED> ``(i) post the guidance described
in subparagraph (A) on the website of the
Authority;</DELETED>
<DELETED> ``(ii) provide a copy of the
guidance described in subparagraph (A) to any
individual or household who requests housing
assistance; and</DELETED>
<DELETED> ``(iii) take other reasonable
steps to ensure that the guidance described in
subparagraph (A) is freely accessible to the
public.</DELETED>
<DELETED> ``(C) Accessibility.--The guidance under
subparagraph (A) shall be issued in formats that may be
understood by individuals with--</DELETED>
<DELETED> ``(i) vison impairments;</DELETED>
<DELETED> ``(ii) limited English
proficiency; and</DELETED>
<DELETED> ``(iii) other special
needs.</DELETED>
<DELETED> ``(D) Revisions.--Any revisions to the
guidance described in subparagraph (A) shall be
publicized as described in subparagraph (B).</DELETED>
<DELETED> ``(E) Deadline.--Not later than 5 days
after declaring a major disaster, the President shall
publicize the guidance described in this section and
any local modifications. The President shall also
publicize any subsequent modifications to the policy
guidance described in this section within not later
than 2 days of the date of any such
modification.''.</DELETED>
<DELETED>SEC. 219. MENTAL HEALTH SERVICES.</DELETED>
<DELETED> (a) In General.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by
striking section 416 and inserting the following:</DELETED>
<DELETED>``SEC. 416. MENTAL HEALTH SERVICES.</DELETED>
<DELETED> ``(a) In General.--The President is authorized to provide
mental health and substance abuse services to individuals affected by a
major disaster (including children and other vulnerable populations,
and emergency response providers responding to a major disaster) to
relieve or prevent mental health or substance abuse problems caused or
aggravated by such major disaster or its aftermath.</DELETED>
<DELETED> ``(b) Types of Assistance.--The assistance provided under
subsection (a) may include providing financial assistance to Federal,
State, or local government agencies or private mental health or
substance abuse organizations to provide mental health or substance
abuse services or train individuals to provide such services.</DELETED>
<DELETED> ``(c) Duration of Assistance.--The President may provide
an award of financial assistance described in this section for a period
of no more than 9 months after the date of notice of the grant award.
The President may extend the period of such an award for 90 days
because of documented extraordinary circumstances. In limited
circumstances, such as disasters of a catastrophic nature, the
President may extend the period of such an award beyond 90 days if the
President determines it is in the public interest.''.</DELETED>
<DELETED> (b) Response Plan.--Not later than 180 days after the date
of enactment of this Act, the Substance Abuse and Mental Health
Services Administration and other Federal agencies providing mental
health or substance abuse services, in coordination with the
Administrator and State and local government officials with
responsibilities for providing mental health or substance abuse
prevention and services, shall--</DELETED>
<DELETED> (1) conduct a survey of mental health or substance
abuse services and any applicable support services available to
individuals affected by major disasters and to emergency
response providers responding to major disasters; and</DELETED>
<DELETED> (2) develop a strategy for the adequate provision
of mental health and substance abuse services to individuals
affected by major disasters and to emergency response providers
responding to major disasters.</DELETED>
<DELETED>SEC. 220. LANGUAGE SERVICES.</DELETED>
<DELETED> (a) Definition.--For purposes of this section--</DELETED>
<DELETED> (1) the term ``documents'' includes--</DELETED>
<DELETED> (A) emergency notifications, public
broadcasts, flyers, brochures, applications, and
letters containing important information regarding
assistance authorized to be provided by the President
under this Act;</DELETED>
<DELETED> (B) notices pertaining to the reduction,
denial, or termination of services or benefits under
this Act, including the right to appeal such actions;
and</DELETED>
<DELETED> (C) notices of the availability of free
language services and other outreach materials;
and</DELETED>
<DELETED> (2) the term ``appropriate population segments''
includes groups comprising a substantial portion of limited
English proficient individuals in the area for which the
President declares a major disaster.</DELETED>
<DELETED> (b) Purpose.--The purpose of this section is to assist
providers of disaster relief related services</DELETED>
<DELETED> (1) to improve, through effective communication,
the quality of disaster relief related information and services
for individuals with limited English proficiency or individuals
with disabilities or individuals with other special needs;
and</DELETED>
<DELETED> (2) to meet their obligation and responsibility to
ensure equal access to such services for such
individuals.</DELETED>
<DELETED> (c) Reasonable Steps To Ensure Effective Communication
With People With Limited English Proficiency or Individuals With
Disabilities.--In carrying out the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, the President shall--</DELETED>
<DELETED> (1) ensure that all Federal entities that provide
assistance under this Act maintain, on a continuing and updated
basis, the capability to administer competent interpretation
and translation services;</DELETED>
<DELETED> (2) consult available census data and communicate
with State and local governments and relevant non-governmental
organizations for the purposes of--</DELETED>
<DELETED> (A) identifying individuals with limited
English proficiency; and</DELETED>
<DELETED> (B) including such individuals in disaster
preparedness planning;</DELETED>
<DELETED> (3) direct all Federal agencies to implement
disaster relief assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by providing to
appropriate population segments, in a timely manner, competent
interpretation services and translated documents;</DELETED>
<DELETED> (4) provide documents to individuals with
disabilities or other special needs in formats they can
understand;</DELETED>
<DELETED> (5) ensure that translated documents are provided
to organizations that could assist with their distribution to
affected population segments;</DELETED>
<DELETED> (6) have available for activation disaster
assistance employees sufficient to comply with (1), (2), (3),
and (4); and</DELETED>
<DELETED> (7) develop and maintain an informational
clearinghouse of model language assistance programs and best
practices for State and local governments in providing disaster
and emergency related services.</DELETED>
<DELETED> (d) Technical Assistance for Development of Plans and
Programs.--Section 201(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by inserting
``with and without English proficiency, disabilities, or other special
needs,'' after ``to individuals''.</DELETED>
<DELETED>SEC. 221. STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS
OPERATIONAL PLANS.</DELETED>
<DELETED> (a) Standards.--Section 613 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) is
amended by redesignating subsection (g) as subsection (h) and inserting
the following:</DELETED>
<DELETED> ``(g) Standards for State and Local Emergency Preparedness
Plans.--In approving standards for State and local emergency
preparedness plans under subsection (b)(3), the Administrator shall
ensure that such plans take into account the needs of individuals with
special needs and requirements as described in Section 611(f) and
individuals with pets as described in Section 611(g).''.</DELETED>
<DELETED> (b) Planning for Special Needs.--Section 611 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196) is amended by redesignating subsections (f) through (k) as
subsections (h) through (m) and inserting the following:</DELETED>
<DELETED> ``(f) The Administrator of the United States Emergency
Management Authority, shall take appropriate actions to ensure that
each State, in its Homeland Security Strategy or other homeland
security plan, provides detailed and comprehensive pre-disaster and
post-disaster plans for individuals with special needs and their care
givers, including but not limited to individuals with disabilities and
individuals with chronic diseases, including those with service
animals, individuals with limited English proficiency, children, and
the elderly in emergencies, including but not limited to plans for
medical care, evacuations and sheltering. Further, in the case of
evacuation planning, the Administrator shall also ensure that such
plans address the needs of those unable to evacuate themselves,
including those individuals with low-income or without access to
private transportation and those requiring specialized transportation
because of medical conditions.''.</DELETED>
<DELETED> (c) Planning for Individuals With Pets.--Section 611 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196) is amended by inserting after subsection (f), as added by
subparagraph (b), the following:</DELETED>
<DELETED> ``(g) The Administrator of the United States Emergency
Management Authority shall take appropriate actions to ensure that
State and local emergency preparedness, evacuation, and sheltering
plans take into account the needs of individuals with household pets
prior to, during, and following a major disaster.''.</DELETED>
<DELETED> (d) Assistance to States and Local Authorities.--Section
611(l)(1) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as redesignated by subsection (b) of this section is
amended by striking the period at the end of the first sentence and
adding the following: ``in addition, the Administrator may provide
financial and technical support including the services of subject
matter experts, such as pediatricians and geriatricians, on the basis
of programs or projects approved by the Administrator, to States and
local authorities for the purpose of developing and implementing plans
for individuals with special needs and requirements as identified in
subsection 611(f), including procurement of facilities and medical
equipment and supplies for the care of such individuals, and
individuals with pets as identified in subsection 611 (g), including
the procurement, construction, leasing, or renovating of emergency
shelter facilities and materials that will accommodate individuals with
disabilities, individuals with special needs, and individuals with pets
or service animals.''.</DELETED>
<DELETED> (e) Report to Congress.--Not later than one year after the
date of enactment of this Act, the Administrator shall--</DELETED>
<DELETED> (1) submit to Congress a report evaluating the
adequacy of the plans of the States to evacuate individuals
with special needs and requirements, as defined in subsection
(b) of this section in emergencies or major disasters that
would warrant their evacuation; and</DELETED>
<DELETED> (2) include in the report a discussion of--
</DELETED>
<DELETED> (A) whether or not the States have the
resources necessary to implement fully their evacuation
and sheltering plans; and</DELETED>
<DELETED> (B) the manner in which the plans of the
States are integrated with the response plans of the
Federal Government for emergencies that would require
the evacuation and sheltering of individuals with
special needs.</DELETED>
<DELETED> (f) Training Programs.--</DELETED>
<DELETED> (1) In general.--Section 611(h)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, as
redesignated by subsection (b) of this section is amended by
striking subparagraph (A) and insert the following:</DELETED>
<DELETED> ``(A) conduct or arrange by contract or
otherwise, the training programs for the instruction of
emergency preparedness and response officials and other
persons in the organization, operation and techniques
of emergency preparedness and response, including but
not limited to planning for and responding to
individuals with special needs''.</DELETED>
<DELETED> (2) Emergency assistance.--Section 502 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5192) is amended--</DELETED>
<DELETED> (A) in subsection (a)(1), by striking the
semicolon and inserting ``, including precautionary
evacuations;'';</DELETED>
<DELETED> (B) in subsection (b), by striking the
period and inserting ``, including precautionary
evacuations.''; and</DELETED>
<DELETED> (C) adding at the end the
following:</DELETED>
<DELETED> ``(c) Guidelines.--The President shall promulgate and
maintain guidelines to assist Governors in making requests under this
section by defining the types of assistance available to affected
States and the circumstances under which such requests are likely to be
approved.''.</DELETED>
<DELETED>SEC. 222. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT
SERVICES TO INDIVIDUALS AND HOUSEHOLDS.</DELETED>
<DELETED> Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:</DELETED>
<DELETED>``SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND
HOUSEHOLDS.</DELETED>
<DELETED> ``The President may provide transportation assistance to
relocate individuals displaced from their predisaster primary
residences as a result of an incident declared under this Act or
otherwise transported from their predisaster primary residences under
section 403(a)(3) or 502, to and from alternative locations for short
or long-term accommodation or to return an individual or household to
their predisaster primary residence or alternative location as deemed
necessary by the President.</DELETED>
<DELETED>``SEC. 426. CASE MANAGEMENT SERVICES.</DELETED>
<DELETED> ``The President may provide case management services,
including financial assistance to state or local agencies or qualified
private organizations to provide such services, to victims of major
disasters to identify and address unmet needs.''.</DELETED>
<DELETED>SEC. 223. NON-FEDERAL ASSISTANCE.</DELETED>
<DELETED> Section 801 (b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5201), as redesignated by this
Act, is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking the period at
the end of the first sentence and adding the following:
``including from foreign organizations and governments.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(c) Receipt and Coordination of Gifts From Foreign
Sources.--Notwithstanding the provisions of section 612, the President
or his delegate shall coordinate receipt of gifts or assistance from
foreign sources with the Secretary of Defense and the Secretary of
State with regard to--</DELETED>
<DELETED> ``(1) the identification of emergency requirements
for which such gifts or assistance is required and appropriate,
and</DELETED>
<DELETED> ``(2) procedures for receipt, distribution, and
monitoring of the use of such gifts or assistance.''.</DELETED>
<DELETED>SEC. 224. DISASTER COORDINATION.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Administrator shall, in consultation with the Secretary
of Defense and the Secretary of State, develop policies and procedures
relating to the effective coordination of disaster assistance from non-
Federal entities, including private and foreign entities and
governments, as provided under section 801 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as redesignated by this
Act, including--</DELETED>
<DELETED> (1) coordination with other disaster assistance
from the Federal Government, and State and local governments
and other sources;</DELETED>
<DELETED> (2) identification of requirements for utilization
that are necessary and appropriate for such
assistance;</DELETED>
<DELETED> (3) receipt and distribution; and</DELETED>
<DELETED> (4) monitoring to ensure of its appropriate final
use.</DELETED>
<DELETED>TITLE III--STAFFING IMPROVEMENTS</DELETED>
<DELETED>SEC. 301. STRATEGIC HUMAN CAPITAL PLAN.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``appropriate committees of
Congress'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Homeland Security and
the Committee on Government Reform of the House of
Representatives; and</DELETED>
<DELETED> (2) the term ``strategic human capital plan''
means the plan developed under subsection (b).</DELETED>
<DELETED> (b) Plan Development.--Not later than 6 months after the
date of enactment of this Act, the Administrator shall develop and
submit to the appropriate committees of Congress a strategic plan to
shape and improve the workforce of the Authority.</DELETED>
<DELETED> (c) Contents.--The strategic human capital plan shall
include--</DELETED>
<DELETED> (1) a workforce gap analysis, including an
assessment of--</DELETED>
<DELETED> (A) the critical skills and competencies
that will be needed in the workforce of the Authority
to support the mission and responsibilities of, and
effectively manage, the Authority during the 10-year
period beginning on the date of enactment of this
Act;</DELETED>
<DELETED> (B) the skills and competencies of the
workforce of the Federal Emergency Management Agency on
the day before the date of enactment of this Act and
projected trends in that workforce, based on expected
losses due to retirement and other attrition;
and</DELETED>
<DELETED> (C) the staffing levels of each category
of employee, including gaps in the workforce of the
Federal Emergency Management Agency on the day before
the date of enactment of this Act and the projected
workforce of the Authority that should be addressed to
ensure that the Authority has continued access to the
critical skills and competencies described in
subparagraph (A);</DELETED>
<DELETED> (2) a plan of action for developing and reshaping
the workforce of the Authority to address the gaps in critical
skills and competencies identified under paragraph (1)(C),
including--</DELETED>
<DELETED> (A) specific recruiting and retention
goals, including the use of bonus authority under
sections 5753 and 5754 of title 5, United States Code,
(including the program objectives of the Authority to
be achieved through such goals);</DELETED>
<DELETED> (B) specific strategies for developing,
training, deploying, compensating, and motivating and
retaining the Authority workforce and its ability to
fulfill the Authority's mission and responsibilities
(including the program objectives of the Department and
the Authority to be achieved through such
strategies);</DELETED>
<DELETED> (C) specific strategies for recruiting
individuals who have served in multiple State agencies
with emergency management responsibilities;
and</DELETED>
<DELETED> (D) specific strategies for the
development, training, and coordinated and rapid
deployment of the Surge Capacity Force established by
section 304; and</DELETED>
<DELETED> (3) a discussion that--</DELETED>
<DELETED> (A) details the number of employees of the
Department not employed by the Authority serving in the
Surge Capacity Force and the qualifications or
credentials of such individuals;</DELETED>
<DELETED> (B) details the number of individuals not
employed by the Department serving in the Surge
Capacity Force and the qualifications or credentials of
such individuals;</DELETED>
<DELETED> (C) describes the training given to the
Surge Capacity Force during the last year;</DELETED>
<DELETED> (D) states whether the Surge Capacity
Force is able to adequately prepare for, respond to,
and recover from a natural or man-made disaster,
including catastrophic incident; and</DELETED>
<DELETED> (E) describes any additional authorities
or resources necessary to address any deficiencies in
the Surge Capacity Force.</DELETED>
<DELETED> (d) Annual Updates.--Not later than May 1, 2007, and May 1
of each year thereafter until 2012, the Administrator shall submit to
the appropriate committees of Congress an update of the strategic human
capital plan, including an assessment by the Administrator, using
results-oriented performance measures, of the progress of the
Department and the Authority in implementing the strategic human
capital plan.</DELETED>
<DELETED> (e) Comptroller General Review.--</DELETED>
<DELETED> (1) In general.--Not later than 90 days after the
Administrator submits the strategic human capital plan under
subsection (b), the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
evaluating the plan.</DELETED>
<DELETED> (2) Updates.--Not later than 90 days after the
Administrator submits an update of the strategic human capital
plan under subsection (d), the Comptroller General shall submit
to the appropriate committees of Congress a report evaluating
the updated plan.</DELETED>
<DELETED>SEC. 302. CAREER PATHS.</DELETED>
<DELETED> (a) In General.--The Administrator shall--</DELETED>
<DELETED> (1) ensure that appropriate career paths for
personnel are identified, including the education, training,
experience, and assignments necessary for career progression
within the Authority; and</DELETED>
<DELETED> (2) publish information on the career paths
described in paragraph (1).</DELETED>
<DELETED> (b) Education, Training, and Experience.--The
Administrator shall ensure that all personnel of the Authority are
provided the opportunity to acquire the education, training, and
experience necessary to qualify for promotion within the Authority,
including the opportunity to participate in the Rotation Program
established under section 305.</DELETED>
<DELETED> (c) Policy.--The Administrator shall establish a policy
for assigning Authority personnel to positions that provide for a
balance between--</DELETED>
<DELETED> (1) the need for such personnel to serve in career
enhancing positions; and</DELETED>
<DELETED> (2) the need to require service in a position for
sufficient period of time to provide the stability necessary--
</DELETED>
<DELETED> (A) to carry out the duties of that
position; and</DELETED>
<DELETED> (B) for responsibility and accountability
for actions taken in that position.</DELETED>
<DELETED>SEC. 303. NATIONAL HOMELAND SECURITY ACADEMY.</DELETED>
<DELETED> (a) Establishment of National Homeland Security Academy.--
</DELETED>
<DELETED> (1) In general.--Title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by
adding after section 801 the following:</DELETED>
<DELETED>``SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY.</DELETED>
<DELETED> ``(a) Establishment.--</DELETED>
<DELETED> ``(1) In general.--The Secretary--</DELETED>
<DELETED> ``(A) shall establish the National
Homeland Security Academy (referred to in this section
as the `Academy') within the Authority; and</DELETED>
<DELETED> ``(B) may enter into cooperative
agreements with other agencies or entities to utilize
space and provide for the lease of real property for
the Academy or any component of the Academy.</DELETED>
<DELETED> ``(2) Composition.--The Academy shall consist of--
</DELETED>
<DELETED> ``(A) the National Homeland Security
Education and Strategy Center (referred to in this
section as the `Strategy Center') to provide
fundamental instruction and develop a homeland security
curriculum focusing primarily on the Federal
Government's overall strategy, goals, methods, and
techniques;</DELETED>
<DELETED> ``(B) a communications network capable of
delivering distance learning opportunities, at the
direction of the Strategy Center;</DELETED>
<DELETED> ``(C) the programs of the Center for
Homeland Defense and Security located at the Naval
Postgraduate School, and such programs shall be
incorporated into the Academy in a manner to be
determined by the Secretary; and</DELETED>
<DELETED> ``(D) the National Homeland Security
Education Network, which--</DELETED>
<DELETED> ``(i) shall be composed of
representatives from all of the academies and
training centers within the jurisdiction of the
Department;</DELETED>
<DELETED> ``(ii) shall work with the Academy
to develop a standardized homeland security
curriculum to be incorporated, as appropriate,
at each academy and training center to ensure
that the focus of the individual centers is
coordinated with the centralized educational
strategies and goals of the Academy;
and</DELETED>
<DELETED> ``(iii) shall not affect the
respective missions and goals of the
participating academies and training
centers.</DELETED>
<DELETED> ``(3) Mission.--The mission of the Academy shall
be to--</DELETED>
<DELETED> ``(A) establish an educational system to--
</DELETED>
<DELETED> ``(i) cultivate leaders in
homeland security; and</DELETED>
<DELETED> ``(ii) ensure that Federal, State,
local, tribal, and private sector officials get
the full range of skills needed to provide
robust homeland security;</DELETED>
<DELETED> ``(B) provide strategic education and
training to carry out the missions of the Department of
Homeland Security;</DELETED>
<DELETED> ``(C) provide cross-disciplinary and joint
education and training to Federal, State, and local
government officials responsible for the direct
application and execution of vital homeland security
missions; and</DELETED>
<DELETED> ``(D) focus primarily on shorter-term
classes and exercises to maximize participation by the
homeland security community.</DELETED>
<DELETED> ``(4) Enrollment target.--</DELETED>
<DELETED> ``(A) In general.--The Strategy Center
shall have an initial annual enrollment target of 1,000
resident students, as described in subsection
(b)(3)(A).</DELETED>
<DELETED> ``(B) Non-resident students.--The
enrollment target under subparagraph (A) does not
include non-resident students, including students who
participate in electronic learning systems.</DELETED>
<DELETED> ``(5) Responsibilities.--</DELETED>
<DELETED> ``(A) In general.--In addition to
providing traditional course work and hands-on training
exercises, the Academy shall encourage the development
and use of modern technology to ensure that the
training offered at the Academy, and to organizations
and individuals receiving instruction over electronic
learning systems--</DELETED>
<DELETED> ``(i) is tailored to the unique
needs of the individuals and groups that need
training;</DELETED>
<DELETED> ``(ii) efficiently uses such
technology; and</DELETED>
<DELETED> ``(iii) translates directly into
practical skills.</DELETED>
<DELETED> ``(B) Instructional materials.--The
Academy shall develop instructional requirements for
courses related to its mission that are supported with
materials that are adequately reviewed and continuously
updated.</DELETED>
<DELETED> ``(C) Certification.--</DELETED>
<DELETED> ``(i) In general.--The Academy may
establish certification criteria for students
in areas related to its mission, in
consultation with the Network established under
subsection (e).</DELETED>
<DELETED> ``(ii) Recertification.--The
criteria established under clause (i) shall
include requirements for recertification and
ensure the availability of needed assessment
tools.</DELETED>
<DELETED> ``(D) Information repository.--The Academy
shall provide a repository of approved instructional
materials, instructional software, and other materials
that are easily accessible by participants.</DELETED>
<DELETED> ``(E) Communication networks.--The Academy
shall certify, and operate, if necessary, a secure,
reliable communication system capable of delivering
instructional materials to participants at any time and
place.</DELETED>
<DELETED> ``(F) Instruction and expertise.--The
Academy shall certify instructors, experts, counselors,
and other individuals who can provide answers and
advice to students over communication
systems.</DELETED>
<DELETED> ``(6) Strategy center.--</DELETED>
<DELETED> ``(A) Responsibilities.--The Strategy
Center shall--</DELETED>
<DELETED> ``(i) provide curriculum
development and classroom instruction for
resident students that focus on the strategic
goals, methods, and techniques for homeland
security;</DELETED>
<DELETED> ``(ii) provide instruction--
</DELETED>
<DELETED> ``(I) primarily to Federal
employees described under subsection
(b)(3)(A) with homeland security
responsibilities; and</DELETED>
<DELETED> ``(II) to small numbers of
State and local government officials
and private individuals; and</DELETED>
<DELETED> ``(iii) direct the operation of
the Academy's electronic learning
systems.</DELETED>
<DELETED> ``(B) Curriculum.--The curriculum taught
at the Strategy Center shall--</DELETED>
<DELETED> ``(i) include basic education
about homeland security, the Department, and
the relationship of the directorates within the
Department;</DELETED>
<DELETED> ``(ii) include the relationship
between the Department and other Federal,
State, and local agencies with homeland
security responsibilities; and</DELETED>
<DELETED> ``(iii) be developed with
assistance from the National Homeland Security
Education Network.</DELETED>
<DELETED> ``(b) Administration.--</DELETED>
<DELETED> ``(1) Executive director.--The Secretary shall
appoint an Executive Director for the Academy, who shall--
</DELETED>
<DELETED> ``(A) administer the operations of the
Academy;</DELETED>
<DELETED> ``(B) establish an Academic Board, to be
headed by the Dean of the Academic Board, appointed
under paragraph (2);</DELETED>
<DELETED> ``(C) hire initial staff and faculty, as
appropriate and necessary;</DELETED>
<DELETED> ``(D) contract with practitioners and
experts, as appropriate, to supplement academic
instruction; and</DELETED>
<DELETED> ``(E) make recommendations to the
Secretary regarding long-term staffing and funding
levels for the Academy.</DELETED>
<DELETED> ``(2) Dean of the academic board.--The Executive
Director shall appoint, with the approval of the Secretary, a
permanent professor to serve as Dean of the Academic Board and
perform such duties as the Executive Director may
prescribe.</DELETED>
<DELETED> ``(3) Director of admissions.--The Executive
Director shall appoint, with the approval of the Secretary, a
Director of Admissions, who shall--</DELETED>
<DELETED> ``(A) grant admission to the Strategy
Center to--</DELETED>
<DELETED> ``(i) new employees of the
Department, who have clear homeland security
responsibilities;</DELETED>
<DELETED> ``(ii) mid-level executive
employees of the Department, including
employees that receive academy or other
training, who demonstrate a need for cross-
disciplinary or advanced education and training
and have been endorsed by the appropriate Under
Secretary;</DELETED>
<DELETED> ``(iii) other Federal employees
with homeland security responsibilities who
have been endorsed by the head of their
agency;</DELETED>
<DELETED> ``(iv) State and local employees
who--</DELETED>
<DELETED> ``(I) demonstrate a clear
responsibility for providing homeland
security; and</DELETED>
<DELETED> ``(II) possess the
nomination of the Governor of their
State, or Head of applicable
jurisdiction; and</DELETED>
<DELETED> ``(v) private sector applicants
who demonstrate a clear responsibility for
providing homeland security;</DELETED>
<DELETED> ``(B) ensure that students from each level
of government and the private sector are included in
all programs and classes, whenever appropriate;
and</DELETED>
<DELETED> ``(C) perform such duties as the Executive
Director may prescribe.</DELETED>
<DELETED> ``(c) Board of Visitors.--</DELETED>
<DELETED> ``(1) Establishment.--Before the Academy admits
any students, the Secretary shall establish a Board of Visitors
(in this section referred to as the `Board') to--</DELETED>
<DELETED> ``(A) assist in the development of
curriculum and programs at the Academy; and</DELETED>
<DELETED> ``(B) recommend the site for the location
of the Strategy Center.</DELETED>
<DELETED> ``(2) Membership.--</DELETED>
<DELETED> ``(A) Composition.--The Board will be
composed of--</DELETED>
<DELETED> ``(i) the Secretary, or designee,
who shall serve as chair;</DELETED>
<DELETED> ``(ii) the Executive Director of
the Academy, or designee, who shall be a
nonvoting member;</DELETED>
<DELETED> ``(iii) the Chairman of the
Committee on Homeland Security and Governmental
Affairs of the Senate, or designee;</DELETED>
<DELETED> ``(iv) the Ranking Member of the
Committee on Homeland Security and Governmental
Affairs of the Senate, or designee;</DELETED>
<DELETED> ``(v) the Chairman of the
Committee on Homeland Security of the House of
Representatives, or designee;</DELETED>
<DELETED> ``(vi) the Ranking Member of the
Committee on Homeland Security of the House of
Representatives, or designee;</DELETED>
<DELETED> ``(vii) the Secretary of Health
and Human Services, or designee;</DELETED>
<DELETED> ``(viii) the Secretary of Defense,
or designee;</DELETED>
<DELETED> ``(ix) the Secretary of Education,
or designee;</DELETED>
<DELETED> ``(x) the Secretary of
Transportation, or designee;</DELETED>
<DELETED> ``(xi) the Director of the Federal
Bureau of Investigation, or designee;</DELETED>
<DELETED> ``(xii) 4 persons, who shall be
appointed by the Secretary for 2-year terms to
represent State and local governments;
and</DELETED>
<DELETED> ``(xiii) 4 persons, who shall be
appointed by the Secretary for 2-year terms to
represent first responders.</DELETED>
<DELETED> ``(B) Prohibition.--Any person described
under subparagraph (A), whose membership on the Board
would create a conflict of interest, shall not serve as
a member of the Board.</DELETED>
<DELETED> ``(C) Vacancies.--If a member of the Board
dies or resigns from office, the official who
designated the member shall designate a successor for
the unexpired portion of the term.</DELETED>
<DELETED> ``(3) Duties.--</DELETED>
<DELETED> ``(A) Academy visits.--The Board shall
visit the Academy not less than annually, and may, with
the approval of the Secretary, make other visits to the
Academy in connection with the duties of the Board or
to consult with the Executive Director of the
Academy.</DELETED>
<DELETED> ``(B) Inquiries.--The Board shall inquire
into the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, student body
composition, and other matters relating to the Academy
that the Board decides to consider.</DELETED>
<DELETED> ``(C) Reports.--</DELETED>
<DELETED> ``(i) Annual report.--Not later
than 60 days after each annual visit, the Board
shall submit a written report to the Secretary,
which describes its action, and of its views
and recommendations pertaining to the
Academy.</DELETED>
<DELETED> ``(ii) Additional reports.--Any
report of a visit, other than the annual visit,
shall, if approved by a majority of the members
of the Board, be submitted to the Secretary not
later than 60 days after the
approval.</DELETED>
<DELETED> ``(4) Travel expenses.--The members of the Board
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.</DELETED>
<DELETED> ``(d) Reports to Congress.--</DELETED>
<DELETED> ``(1) Curriculum and attendance.--The Secretary
shall submit an annual report that describes the curriculum of,
and enrollment at, the Academy to--</DELETED>
<DELETED> ``(A) the Committee on Homeland Security
and Governmental Affairs of the Senate; and</DELETED>
<DELETED> ``(B) the Committee on Homeland Security
of the House of Representatives.</DELETED>
<DELETED> ``(2) Feasibility report.--Not later than 1 year
after the establishment of the Academy, the Secretary shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that--
</DELETED>
<DELETED> ``(A) recommends an appropriate
combination of students from Federal, State, and local
government and the private sector, and the percentage
of costs related to the education of each of these
student groups that should be reimbursable;</DELETED>
<DELETED> ``(B) describes the feasibility of
expanding the Academy in regional offices of the
Authority or other government or university programs to
provide ongoing education and training for Federal
employees with homeland security responsibilities;
and</DELETED>
<DELETED> ``(C) describes the feasibility of
providing education for the general public through
electronic learning systems.</DELETED>
<DELETED> ``(e) National Homeland Security Education Network.--
</DELETED>
<DELETED> ``(1) Establishment.--The Executive Director of
the Academy shall establish a National Homeland Security
Education Network (referred to in this section as the
`Network'), as described under subsection (a)(2)(B).</DELETED>
<DELETED> ``(2) Membership.--The Network shall be comprised
of representatives from Federal training and certification
organizations, including--</DELETED>
<DELETED> ``(A) the National Homeland Security
Academy;</DELETED>
<DELETED> ``(B) the Office of Domestic
Preparedness;</DELETED>
<DELETED> ``(C) the National Domestic Preparedness
Consortium;</DELETED>
<DELETED> ``(D) the Center for Homeland Defense and
Security at the Naval Postgraduate School;</DELETED>
<DELETED> ``(E) the Federal Law Enforcement Training
Center, including all schools or training and education
programs managed or co-located with the
Center;</DELETED>
<DELETED> ``(F) the Customs and Border Protection
Academy;</DELETED>
<DELETED> ``(G) the Border Patrol Academy;</DELETED>
<DELETED> ``(H) the Bureau of Immigration and
Customs Enforcement Academy;</DELETED>
<DELETED> ``(I) the Secret Service
Academy;</DELETED>
<DELETED> ``(J) the United States Coast Guard
Academy, including all schools within the jurisdiction
of the Coast Guard Academy;</DELETED>
<DELETED> ``(K) the Emergency Management
Institute;</DELETED>
<DELETED> ``(L) the Animal and Plant Health
Inspection Service Training Program;</DELETED>
<DELETED> ``(M) the Federal Air Marshal Training
Center;</DELETED>
<DELETED> ``(N) the National Fire Academy;
and</DELETED>
<DELETED> ``(O) other relevant training facilities
within the Department.</DELETED>
<DELETED> ``(3) Curriculum requirements.--The curriculum and
course work developed as part of the Network shall be
incorporated into the curriculum of the institutions listed
under paragraph (2), as appropriate, to ensure that students at
these institutions understand how their homeland security
responsibilities relate to other homeland security
responsibilities in the Department and other Federal, State,
and local agencies. The training centers and academies listed
under paragraph (2) shall retain their respective missions and
goals.</DELETED>
<DELETED> ``(4) Semi-annual meetings.--The Executive
Director and the Dean of the Academic Board shall meet with the
Network not less than once every 6 months to--</DELETED>
<DELETED> ``(A) discuss curriculum requirements;
and</DELETED>
<DELETED> ``(B) coordinate training activities
within the Network.</DELETED>
<DELETED> ``(5) Reports.--Not later than 2 years after the
date of enactment of this section, and every 2 years
thereafter, the Network shall submit a report to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives, which describes the Network's--</DELETED>
<DELETED> ``(A) strategy for using advanced
instructional technologies;</DELETED>
<DELETED> ``(B) plans for future improvement;
and</DELETED>
<DELETED> ``(C) success in working with other
organizations in achieving the goals described under
subparagraphs (A) and (B).''.</DELETED>
<DELETED> (2) Technical amendment.--Section 1(b) of the
Homeland Security Act of 2002 (Public Law 107-296) is amended
by inserting after the item relating to section 801 the
following:</DELETED>
<DELETED>``Sec. 802. National Homeland Security Academy''.
<DELETED> (b) State and Local Education and Training Coordinator.--
The Secretary, through the Administrator, shall appoint a State and
Local Education and Training Coordinator, who shall--</DELETED>
<DELETED> (1) serve as the primary point of contact between
Federal, State, and local training facilities, the National
Homeland Security Academy, and the Authority, in order to--
</DELETED>
<DELETED> (A) maximize the ability of the Academy to
identify non-Academy programs that meet specific
training goals and are crucial to the Nation's homeland
security mission; and</DELETED>
<DELETED> (B) assist the Academy and the Authority
in determining where to direct Federal training funds;
and</DELETED>
<DELETED> (2) at least semiannually, conduct meetings with a
coalition of State and local education and training facilities
to--</DELETED>
<DELETED> (A) allow State and local fire, rescue,
and law enforcement training facilities to provide
input on decisions made concerning the training of
first responders; and</DELETED>
<DELETED> (B) increase curriculum coordination
between the Academy and Federal, State, and local
facilities.</DELETED>
<DELETED>SEC. 304. SURGE CAPACITY FORCE.</DELETED>
<DELETED> (a) Definition.--In this section, the term ``Surge
Capacity Force'' means the Surge Capacity Force established under
subsection (b).</DELETED>
<DELETED> (b) Establishment.--</DELETED>
<DELETED> (1) In general.--The Administrator shall establish
a Surge Capacity Force for deployment of individuals for
natural or man-made disasters, including catastrophic
incidents, as determined by the Administrator.</DELETED>
<DELETED> (2) Employees designated to serve.--The Secretary
shall designate employees of the Department who are not
employees of the Authority to serve on the Surge Capacity
Force.</DELETED>
<DELETED> (c) Capabilities.--The Administrator shall--</DELETED>
<DELETED> (1) include a sufficient number of individuals
credentialed in accordance with section 205 that are capable of
deploying rapidly and efficiently after activation to prepare
for, respond to, and recover from a natural or man-made
disaster, including a catastrophic incident; and</DELETED>
<DELETED> (2) include a sufficient number of full-time,
highly-trained individuals credentialed in accordance with
section 205 to lead and manage the Surge Capacity
Force.</DELETED>
<DELETED> (d) Training.--The Administrator shall provide appropriate
and continuous training to individuals serving in the Surge Capacity
Force to ensure such personnel are adequately trained on the
Authority's programs and policies relevant to assistance provided by
the Authority as a result of an emergency or major disaster.</DELETED>
<DELETED> (e) Database.--The Administrator shall establish and
maintain a database regarding the members of the Surge Capacity Force
that includes the skills, qualifications, and disaster management
experience of such members.</DELETED>
<DELETED> (f) Annuitants.--If an individual receiving an annuity
from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed under this section, such annuity shall not be
discontinued on that basis. An individual so reemployed as a Surge
Capacity Force employee shall not be considered an employee for the
purposes of chapter 83 or 84 of title 5, United States Code.</DELETED>
<DELETED> (g) No Impact on Authority Personnel Ceiling.--Surge
Capacity Force members under this section shall not be counted against
any personnel ceiling applicable to the Authority.</DELETED>
<DELETED> (h) Expenses.--The Administrator may provide members of
the Surge Capacity Force with travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, for
the purpose of participating in any training that relates to service as
a member of the Surge Capacity Force.</DELETED>
<DELETED>SEC. 305. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM
AT THE DEPARTMENT OF HOMELAND SECURITY.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--Title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by
inserting after section 843 the following:</DELETED>
<DELETED>``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.</DELETED>
<DELETED> ``(a) Establishment.--</DELETED>
<DELETED> ``(1) In general.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
establish the Homeland Security Rotation Program (in this
section referred to as the `Rotation Program') for employees of
the Department. The Rotation Program shall use applicable best
practices, including those from the Chief Human Capital
Officers Council.</DELETED>
<DELETED> ``(2) Goals.--The Rotation Program established by
the Secretary shall--</DELETED>
<DELETED> ``(A) be established in accordance with
the Human Capital Strategic Plan of the
Department;</DELETED>
<DELETED> ``(B) provide middle and senior level
employees in the Department the opportunity to broaden
their knowledge through exposure to other components of
the Department;</DELETED>
<DELETED> ``(C) expand the knowledge base of the
Department by providing for rotational assignments of
employees to other components;</DELETED>
<DELETED> ``(D) build professional relationships and
contacts among the employees in the
Department;</DELETED>
<DELETED> ``(E) invigorate the workforce with
exciting and professionally rewarding
opportunities;</DELETED>
<DELETED> ``(F) incorporate Department human capital
strategic plans and activities, and address critical
human capital deficiencies, recruitment and retention
efforts, and succession planning within the Federal
workforce of the Department; and</DELETED>
<DELETED> ``(G) complement and incorporate (but not
replace) rotational programs within the Department in
effect on the date of enactment of this
section.</DELETED>
<DELETED> ``(3) Administration.--</DELETED>
<DELETED> ``(A) In general.--The Chief Human Capital
Officer shall administer the Rotation
Program.</DELETED>
<DELETED> ``(B) Responsibilities.--The Chief Human
Capital Officer shall--</DELETED>
<DELETED> ``(i) provide oversight of the
establishment and implementation of the
Rotation Program;</DELETED>
<DELETED> ``(ii) establish a framework that
supports the goals of the Rotation Program and
promotes cross-disciplinary rotational
opportunities;</DELETED>
<DELETED> ``(iii) establish eligibility for
employees to participate in the Rotation
Program and select participants from employees
who apply;</DELETED>
<DELETED> ``(iv) establish incentives for
employees to participate in the Rotation
Program, including promotions and employment
preferences;</DELETED>
<DELETED> ``(v) ensure that the Rotation
Program provides professional education and
training;</DELETED>
<DELETED> ``(vi) ensure that the Rotation
Program develops qualified employees and future
leaders with broad-based experience throughout
the Department;</DELETED>
<DELETED> ``(vii) provide for greater
interaction among employees in components of
the Department; and</DELETED>
<DELETED> ``(viii) coordinate with
rotational programs within the Department in
effect on the date of enactment of this
section.</DELETED>
<DELETED> ``(4) Allowances, privileges, and benefits.--All
allowances, privileges, rights, seniority, and other benefits
of employees participating in the Rotation Program shall be
preserved.</DELETED>
<DELETED> ``(5) Reporting.--Not later than 180 days after
the date of the establishment of the Rotation Program, the
Secretary shall submit a report on the status of the Rotation
Program, including a description of the Rotation Program, the
number of employees participating, and how the Rotation Program
is used in succession planning and leadership development to--
</DELETED>
<DELETED> ``(A) the Committee on Homeland Security
and Governmental Affairs of the Senate;</DELETED>
<DELETED> ``(B) the Committee on Homeland Security
of the House of Representatives; and</DELETED>
<DELETED> ``(C) the Committee on Government Reform
of the House of Representatives.''.</DELETED>
<DELETED> (2) Technical and conforming amendment.--Section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by inserting after the item relating to section 843 the
following:</DELETED>
<DELETED>``Sec. 844. Homeland Security Rotation Program''.
<DELETED>SEC. 306. QUARTERLY REPORT ON VACANCY RATE IN EMPLOYEE
POSITIONS.</DELETED>
<DELETED> (a) Definition.--In this section the term ``appropriate
committees of Congress'' means--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (2) the Committee on Homeland Security and the
Committee on Government Reform of the House of
Representatives.</DELETED>
<DELETED> (b) Initial Report.--</DELETED>
<DELETED> (1) In general.--Not later than 3 months after the
date of enactment of this Act, the Administrator shall develop
and submit to the appropriate committees of Congress a report
on the vacancies in employee positions of the Federal Emergency
Management Agency on the day before the date of enactment of
this Act and the vacancies in employee positions the Authority
established under this Act.</DELETED>
<DELETED> (2) Contents.--The report under this subsection
shall include--</DELETED>
<DELETED> (A) vacancies of each category of employee
position;</DELETED>
<DELETED> (B) the number of applicants for each
vacancy for which public notice has been
given;</DELETED>
<DELETED> (C) the length of time that each vacancy
has been pending;</DELETED>
<DELETED> (D) hiring-cycle time for each vacancy
that has been filled; and</DELETED>
<DELETED> (E) a plan for reducing the hiring-cycle
time and reducing the current and anticipated vacancies
with highly-qualified personnel.</DELETED>
<DELETED> (c) Quarterly Updates.--Not later than 3 months after
submission of the initial report, and every 3 months thereafter until 5
years after the date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress an update of the
report under subsection (b), including an assessment by the
Administrator of the progress of the Authority in filling vacant
employee positions of the Federal Emergency Management Agency on the
day before the date of enactment to this Act, and vacant employee
positions of the Authority established under this Act.</DELETED>
<DELETED>TITLE IV--PLANNING, PREPAREDNESS, AND TRAINING</DELETED>
<DELETED>SEC. 401. DEFINITION.</DELETED>
<DELETED> In this title, the term ``Emergency Support Function
Annex'' means an Emergency Support Function Annex to the National
Response Plan.</DELETED>
<DELETED>SEC. 402. EMERGENCY RESPONSE FRAMEWORK.</DELETED>
<DELETED> (a) In General.--The Secretary, acting through the
Administrator, shall employ the National Incident Management System and
the National Response Plan as the framework for emergency response and
domestic incident management.</DELETED>
<DELETED> (b) Use by Federal Agencies.--</DELETED>
<DELETED> (1) National response plan.--The National Response
Plan shall be the governing plan for any Federal involvement or
assistance in a natural or man-made disaster or other incident
of national significance.</DELETED>
<DELETED> (2) National incident management system.--The
National Incident Management System shall be the incident
management system for any Federal involvement or assistance in
a natural or manmade disaster or other incident of national
significance.</DELETED>
<DELETED>SEC. 403. REVIEW OF THE NATIONAL RESPONSE PLAN.</DELETED>
<DELETED> (a) Review and Revision of Plan.--</DELETED>
<DELETED> (1) In general.--Not later than May 1, 2007, the
Secretary, acting through the Administrator, and in conjunction
with the Federal agencies and nongovernmental organizations
that are signatories to the National Response Plan and with the
National Advisory Council, shall--</DELETED>
<DELETED> (A) conduct a comprehensive review of the
adequacy of the National Response Plan, including
incorporating lessons learned from Hurricane Katrina of
2005; and</DELETED>
<DELETED> (B) revise and update the National
Response Plan, as appropriate, to incorporate the
findings of the review under subparagraph (A) and the
changes to the National Response Plan required under
paragraph (2).</DELETED>
<DELETED> (2) Changes required.--The comprehensive review
and update required under paragraph (1) shall ensure the
following:</DELETED>
<DELETED> (A) Principal federal official.--
</DELETED>
<DELETED> (i) In general.--That the position
of Principal Federal Official under the
National Response Plan is eliminated.</DELETED>
<DELETED> (ii) Chain of command.--That the
National Response Plan provides for a clear
chain of command to lead and coordinate the
Federal response to any natural or man-made
disaster. The chain of the command specified in
the National Response Plan shall provide for a
role for the Administrator consistent with the
Administrator's role as the principal emergency
preparedness and response advisor to the
President, the Homeland Security Council, and
the Secretary under section 512(c)(4) of the
Homeland Security Act of 2002 and the
Administrator's responsibility to manage the
response of the Federal Government to a natural
or man-made disaster under section 513(a)(4) of
that Act and shall provide for a role for the
Federal Coordinating Officer consistent with
the responsibilities under section 302(b) of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5143(b).</DELETED>
<DELETED> (iii) Incidents of national
significance that are not stafford act
declarations.--The President or the Secretary
may designate a Federal coordinating officer
for Incidents of National Significance or other
domestic incidents not considered an emergency
or major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
In such cases, the Federal coordinating officer
shall have all the authorities and
responsibilities the Federal coordinating
officer would have under section 302 (b) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143(b)),
in addition to any others the President, the
Secretary, or the Administrator may
assign.</DELETED>
<DELETED> (B) Mass care, housing, and human services
emergency support function.--That, in consultation with
the Department of Justice and the Department of Health
and Human Services, the National Response Plan includes
measures to reunify families separated after a major
disaster or catastrophic event, including the location
of missing children, and that the appropriate agency or
quasi-governmental organization is assigned timely
responsibility for that task.</DELETED>
<DELETED> (C) Public health and medical emergency
support function.--That, in consultation with the
Secretary of Health and Human Services and other
relevant Federal agencies, the National Response Plan,
including any Emergency Support Function Annex relating
to public health and medical services--</DELETED>
<DELETED> (i) addresses the public health
and medical needs of evacuees, special-needs
populations, and the general population that is
affected by a natural or man-made disaster;
and</DELETED>
<DELETED> (ii) assigns and clarifies the
responsibility for mortuary
activities.</DELETED>
<DELETED> (D) Search and rescue.--That, in
consultation with the member agencies or departments of
the National Search and Rescue Committee, the National
Response Plan, including Emergency Support Function
Annex 9 (relating to urban search and rescue)--
</DELETED>
<DELETED> (i) addresses the full range of
search and rescue requirements and environments
for natural and man-made disasters;
and</DELETED>
<DELETED> (ii) designates coordinating,
primary, and supporting agencies appropriate to
a range of environments of natural or man-made
disasters.</DELETED>
<DELETED> (E) Senior federal law enforcement
officer.--That, in consultation with the Attorney
General, the National Response Plan clearly describes--
</DELETED>
<DELETED> (i) the roles and responsibilities
of the Senior Federal Law Enforcement
Officer;</DELETED>
<DELETED> (ii) how the roles and
responsibilities of the Senior Federal Law
Enforcement Officer relate to the roles and
responsibilities of other law enforcement
entities; and</DELETED>
<DELETED> (iii) how the roles and
responsibilities of the Senior Federal Law
Enforcement Officer relate to the roles and
responsibilities of Federal agencies provided
for under Emergency Support Function Annex 13
of the National Response Plan (relating to
public safety and security).</DELETED>
<DELETED> (F) Infrastructure protection emergency
support function.--That, in consultation with other
Federal departments and agencies responsible for
infrastructure restoration, the need for an additional
emergency support function annex within the National
Response Plan focused on the identification,
protection, resiliency, and restoration of critical
infrastructure and key resources is
considered.</DELETED>
<DELETED> (G) Maritime salvage.--That, in
consultation with the Commandant of the Coast Guard,
the Secretary of the Navy, and the Chief Engineer of
the United States Army Corps of Engineers, the National
Response Plan--</DELETED>
<DELETED> (i) assigns a single Federal
agency to coordinate maritime-salvage needs
during a natural or man-made
disaster;</DELETED>
<DELETED> (ii) clarifies the
responsibilities of the coordinating agency
assigned under clause (i) and other Federal
agencies relating to maritime salvage;
and</DELETED>
<DELETED> (iii) considers the need for an
additional Emergency Support Function Annex
within the National Response Plan focused on
maritime salvage and wreck removal.</DELETED>
<DELETED> (H) Catastrophic incidents.--The timely
completion of the Catastrophic Incident Supplement to
the National Response Plan, and that the Catastrophic
Incident Supplement effectively addresses response
requirements in the event of a catastrophic
incident.</DELETED>
<DELETED> (3) Consultation with state and local
governments.--In reviewing and revising the National Response
Plan under paragraph (1), and in making any subsequent
significant revision of the National Response Plan, the
Secretary and the Administrator shall, to the fullest extent
possible, consult with State and local government officials,
including through the National Advisory Council.</DELETED>
<DELETED> (4) Accessibility.--In revising or updating the
National Response Plan under paragraph (1)(B), and in any
subsequent revision of the National Response Plan, the
Secretary, acting through the Administrator, shall ensure that
the National Response Plan is written in a manner that provides
clear, unambiguous, and accessible guidance and information,
and whenever possible, uses plain English.</DELETED>
<DELETED> (b) Reporting.--</DELETED>
<DELETED> (1) In general.--The Secretary, acting through the
Administrator, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives--</DELETED>
<DELETED> (A) not later than May 1, 2007, a report
on the results of its review under subsection (a),
including a detailed discussion of how the changes to
the National Response Plan described in subsection
(a)(2) have been implemented; and</DELETED>
<DELETED> (B) after May 1, 2007, a copy of any
proposed change, not later than 30 days before the date
of implementing that proposed change to the National
Response Plan.</DELETED>
<DELETED>SEC. 404. PLANNING AND PREPAREDNESS.</DELETED>
<DELETED> (a) In General.--The Secretary, acting through the
Administrator, in conjunction with other Federal departments and
agencies with coordinating, primary, and supporting roles under the
National Response Plan and its annexes, and in consultation with State
and local government officials, including through the National Advisory
Council, shall develop a unified system of strategic and operational
plans to respond effectively to natural or man-made disasters, in
support of the National Response Plan. These plans shall include plans
for specific geographic regions and for specific types of high-risk
events, and shall include, at a minimum, the following
elements:</DELETED>
<DELETED> (1) Concepts of operation for appropriate disaster
and catastrophic incidents.</DELETED>
<DELETED> (2) Critical tasks and Department and Agency
responsibilities, consistent with the National Response Plan
and all Emergency Support Functions.</DELETED>
<DELETED> (3) Detailed resource and personnel requirements
and sourcing for the accomplishment of critical tasks and
capabilities.</DELETED>
<DELETED> (4) Creation and maintenance of asset inventories
by departments and agencies with Emergency Support Function
responsibilities.</DELETED>
<DELETED> (5) Incorporation of deployable interagency
headquarters units, including crisis planning teams, to manage
the response and to ensure unity of effort by all response
organizations.</DELETED>
<DELETED> (6) Provision for special needs populations in all
planning.</DELETED>
<DELETED> (b) Catastrophic Planning.--</DELETED>
<DELETED> (1) In general.--In carrying out the requirements
of subsection (a), the Administrator shall develop
comprehensive operational plans to respond to catastrophic
incidents.</DELETED>
<DELETED> (2) Contents.--The plans developed under paragraph
(1)--</DELETED>
<DELETED> (A) shall include the elements under
subsection (a); and</DELETED>
<DELETED> (B) shall--</DELETED>
<DELETED> (i) be based on specific
identified national and regional
risks;</DELETED>
<DELETED> (ii) be developed in conjunction
with State and local government officials and
other relevant Federal departments and
agencies;</DELETED>
<DELETED> (iii) provide for the surge
capacity necessary to respond proportionately
to the scale of the event;</DELETED>
<DELETED> (iv) provide, where necessary and
appropriate for the proactive, rapid, and self-
sustaining deployment and integration of
Federal resources and personnel essential to
save lives, prevent suffering, and preserve
property or public health and safety;</DELETED>
<DELETED> (v) address the implementation of
the appropriate means of ensuring continuity of
government and command structures in the
affected area;</DELETED>
<DELETED> (vi) include planning for the
emergency sheltering, accommodation (including
details on feeding, protecting, and managing),
relocation, transportation, placement, and
long-term housing of large populations of
displaced victims in the event of a
catastrophic incident, that includes
identifying housing options in different
regions of the country, site options for
temporary, semi-permanent, and permanent
housing, and available land and property that
could serve to shelter mass populations during
catastrophic events; and</DELETED>
<DELETED> (vii) address the recovery of
areas affected by the catastrophe.</DELETED>
<DELETED> (c) Standards and Guidance.--The Secretary, acting through
the Administrator, shall--</DELETED>
<DELETED> (1) provide clear standardization, guidance, and
assistance with planning at the Federal, State, and local
levels; and</DELETED>
<DELETED> (2) ensure--</DELETED>
<DELETED> (A) a common terminology, approach and
framework for all strategic and operational planning;
and</DELETED>
<DELETED> (B) that planning considers current
threats, both natural and man-made.</DELETED>
<DELETED> (d) Planning.--</DELETED>
<DELETED> (1) In general.--Planning under subsections (a)
and (b) shall, at a minimum, address the following
matters:</DELETED>
<DELETED> (A) Health and medical.--</DELETED>
<DELETED> (i) In general.--Preparedness and
deployment of health and medical resources,
including clearly defining the responsibility
for logistics, security, and other support
assets, and the ability to track these
resources.</DELETED>
<DELETED> (ii) National disaster medical
system.--With respect to the National Disaster
Medical System, the provision of resources to
equip, staff and train National Disaster
Medical System teams, transportation, logistics
and communications capabilities, and training
and outreach programs and patient triage and
tracking capabilities.</DELETED>
<DELETED> (B) Human services.--Operational plans for
the expeditious location of missing children and the
reunification of families, to include--</DELETED>
<DELETED> (i) clarification of the role of
the National Center for Missing and Exploited
Children;</DELETED>
<DELETED> (ii) appropriate coordination and
information-sharing between the Authority, the
Department of Justice, the National Center for
Missing and Exploited Children, the Department
of Health and Human Services, the Red Cross,
other relevant nongovernmental organizations,
and Federal, State, and local emergency
management and law enforcement agencies,
including the development of advance
cooperative agreements as necessary to
facilitate implementation during response;
and</DELETED>
<DELETED> (iii) appropriate public
information gathering and dissemination
mechanisms.</DELETED>
<DELETED> (C) Search and rescue.--In consultation
with the National Search and Rescue Committee,
development of a National Search and Rescue Plan that
includes the search and rescue requirements of a multi-
environment (air, water, or land) disaster including,
providing for a unified coordination structure, asset
deployment, a communications network, and sharing of
information with state and local search and rescue
units.</DELETED>
<DELETED> (D) Evacuation.--In coordination with
State and local governments, plans to support mass
evacuations in advance of, or following, a natural or
manmade disaster, that address--</DELETED>
<DELETED> (i) keeping families together
throughout evacuation and sheltering;</DELETED>
<DELETED> (ii) populations lacking the means
to evacuate themselves and individuals with
special needs;</DELETED>
<DELETED> (iii) policies and provisions for
evacuating pets;</DELETED>
<DELETED> (iv) the deployment and employment
of various transportation modes necessary to
expedite mass evacuations, together with
appropriate security escorts;</DELETED>
<DELETED> (v) information and guidance to
the public; and</DELETED>
<DELETED> (vi) short-term and long-term
sheltering following evacuation.</DELETED>
<DELETED> (E) Coordination with department of
defense.--In conjunction with the Department of
Defense, including the United States Northern Command,
the United States Pacific Command, the National Guard
Bureau, and the National Advisory Council, develop
plans for military support of civilian authorities
under the National Response Plan, including--</DELETED>
<DELETED> (i) the coordinated deployment,
and the reception, staging, onward movement,
and integration of appropriate units and
personnel of the regular components and reserve
components of the Armed Forces in response to
natural and man-made disasters under the
National Response Plan;</DELETED>
<DELETED> (ii) the coordination, command,
and control of units and personnel in order to
facilitate and ensure integrated military
support for the response to natural and man-
made disasters under the National Response
Plan;</DELETED>
<DELETED> (iii) the identification of
response assets (including helicopters, boats,
medical supplies and personnel, food and water,
communications equipment, and other assets)
required for military support for the response
to natural and man-made disasters under the
National Response Plan, and the development of
procedures and guidelines for the pre-
positioning or pre-assembly of such
assets;</DELETED>
<DELETED> (iv) procedures for expedited
requests and approvals of Federal payment for,
or Federal reimbursement of, the costs of the
States in deploying members of the National
Guard in State status under the National
Response Plan;</DELETED>
<DELETED> (v) procedures for coordination
between the Department of Defense and the State
governments to ensure that the military support
provided under the National Response Plan meets
applicable State requirements;</DELETED>
<DELETED> (vi) procedures for identifying
units and personnel of the regular components
of the Armed Forces that have capabilities
suitable for purposes of providing military
support to natural and man-made disasters under
the National Response Plan;</DELETED>
<DELETED> (vii) military support for the
distribution by the Department and the
Authority of basic commodities in response to a
catastrophic event; and</DELETED>
<DELETED> (viii) plans for the timely and
appropriate employment of reconnaissance assets
to ensure situational awareness throughout the
Federal Government in the wake of a natural or
man-made disaster or catastrophic
incident.</DELETED>
<DELETED> (F) Private sector and nongovernmental
organizations.--To the extent possible, and
appropriate, incorporate coordination with and
integration of support from the private sector and
nongovernmental organizations whether in accordance
with, or in the absence of, prior agreements. Planning
shall also incorporate the means to communicate and
coordinate with such entities during response
efforts.</DELETED>
<DELETED> (G) Maritime salvage.--In coordination
with Federal, State, or local government agencies that
have or may have maritime salvage responsibilities,
including the United States Coast Guard, the United
States Navy, the Authority, and the United States Army
Corps of Engineers, plans to allow salvage to proceed
in a timely manner during a natural or man-made
disaster and, where appropriate, provide for a national
emergency salvage contract to one or more qualified
national salvors that would allow immediate access to
commercial salvage assets.</DELETED>
<DELETED> (e) National and Inter-Agency Preparedness.--The
Secretary, acting through the Administrator, shall ensure the
following:</DELETED>
<DELETED> (1) Asset inventory.--In conjunction with the
appropriate Federal agencies and departments with coordinating,
primary, and supporting responsibilities under the National
Response Plan, the development of an inventory of Federal
resources, including assets and personnel with particular
skills that are available for deployment and employment in
response to natural and man-made disasters.</DELETED>
<DELETED> (2) Prescripted mission assignments.--To the
extent practicable and where appropriate, the development of
prescripted mission assignments in conjunction with the
appropriate Federal agencies and departments with coordinating,
primary and supporting responsibilities under the National
Response Plan.</DELETED>
<DELETED> (3) Representation at military commands.--In
consultation with the Department of Defense--</DELETED>
<DELETED> (A) the determination of appropriate
representatives of the Department to the United States
Northern Command and, as appropriate, the United States
Pacific Command; and</DELETED>
<DELETED> (B) the integration of such
representatives into national planning, training,
exercising, and responses to a natural or man-made
disaster to promote better coordination.</DELETED>
<DELETED> (4) Coordination with department of health and
human services.--Not later than March 1, 2007, the Secretary of
Homeland Security and the Secretary of Health and Human
Services shall--</DELETED>
<DELETED> (A) establish a memorandum of
understanding defining the respective roles and
responsibilities of their respective departments in
providing for public health and medical care under the
National Response Plan or in the event that the
Secretary of Health and Human Services declares a
public health emergency under section 319 of the Public
Health Service Act (42 U.S.C. 300hh et. seq.) and for
coordinating their respective activities in such an
event, including but not limited to deployment,
operational control and re-supply of National Disaster
Medical System and Metropolitan Medical Response System
assets; and</DELETED>
<DELETED> (B) create a pilot project for
establishing ``special needs registries'' in which
individuals could voluntarily enroll. The registries
would include an individual's location, medical needs,
transportation needs, mobility, emergency contact
information, etc., and which emergency and evacuation
personnel and transportation providers would be used in
the event of an emergency to best meet the needs of
special needs individuals and seniors in the
community.</DELETED>
<DELETED> (f) Reports.--</DELETED>
<DELETED> (1) In general.--Not later than May 1, 2007, and
annually thereafter until May 1, 2017, the Secretary of
Homeland Security, acting through the Administrator, shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives describing
all Federal planning and preparedness efforts relating to the
National Response Plan, including an evaluation of the status
of national disaster planning, particularly for catastrophic
incidents.</DELETED>
<DELETED> (2) Initial report.--The initial report submitted
under paragraph (1) shall include findings on the status and
progress in completing the national operational plans described
in subsections (a) through (d) and the preparedness efforts
described in subsection (e).</DELETED>
<DELETED>SEC. 405. TRAINING AND EXERCISES.</DELETED>
<DELETED> (a) In General.--The Administrator, in conjunction with
other Federal departments and agencies with coordinating, primary, or
support functions under the National Response Plan and in consultation
with the National Advisory Committee, shall develop and implement a
national training and exercise program to prepare for a fully
coordinated and effective national response to natural and man-made
disasters.</DELETED>
<DELETED> (b) Requirements.--The training and exercise program under
subsection (a) shall at a minimum include the following:</DELETED>
<DELETED> (1) State and emergency management
organizations.--With respect to State and emergency
organizations--</DELETED>
<DELETED> (A) incorporate input from States and
emergency management organizations in developing the
national exercise and training programs under
subsection (a); and</DELETED>
<DELETED> (B) develop exercise and training programs
for States and emergency management organizations
relating to conducting disaster and catastrophic
response training and exercises on the National
Response Plan, State disaster plans, the Catastrophic
Incident Annex to the National Response Plan, and
operational plans developed under section
404.</DELETED>
<DELETED> (2) Incorporation of disaster response entities.--
Incorporate all Federal departments and agencies with any
responsibilities under the National Response Plan, emergency
agencies of State and local governments, and first responder
groups outside of government, including exercises relating to
large-scale natural and man-made disasters, including
catastrophic incidents, that simulate the partial or complete
incapacitation of emergency response providers from State and
local government.</DELETED>
<DELETED> (3) Scope.--Programs to address the unique
requirements of the various special needs
populations.</DELETED>
<DELETED> (4) Surge capacity.--A training program on
disaster response and recovery for employees of the Federal
government designated as part of the surge capacity of the
Federal Government, including disaster assistance
employees.</DELETED>
<DELETED> (5) Senior officials.--A training program that
ensures that senior level officials from Federal agencies and
departments with responsibilities under the National Response
Plan, including senior military officers and officials with
responsibilities related to mitigation, preparedness, response,
and recovery from a natural or man-made disaster on a national
level are trained in the National Response Plan, National
Incident Management System, and, as appropriate, the Defense
Support to Civil Authorities mission of the Department of
Defense.</DELETED>
<DELETED> (6) Elected officials.--A training program for
Federal, State, and local government elected officials
regarding the National Response Plan, National Incident
Management System, and, as appropriate, the Defense Support to
Civil Authorities mission of the Department of
Defense.</DELETED>
<DELETED> (7) Procedures.--Procedures for implementing
lessons learned from exercises into disaster response plans and
programs.</DELETED>
<DELETED> (c) Reports.--</DELETED>
<DELETED> (1) In general.--Not later than May 1, 2007, and
annually thereafter until May 1, 2017, the Administrator shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives a report regarding the development
and implementation of national exercise and training programs
under subsection (a) by the Administrator.</DELETED>
<DELETED> (2) Initial report.--The initial report submitted
under paragraph (1) shall describe the status and progress of
the national exercise and training programs under subsection
(b).</DELETED>
<DELETED>SEC. 406. EMERGENCY SUPPORT FUNCTION ASSURANCE
PROGRAMS.</DELETED>
<DELETED> (a) Entity Reports and Certification.--Not later than
February 1, 2007, and annually thereafter, each agency or entity
designated as a primary or support organization for any emergency
support function under the National Response Plan and annexes thereof
shall provide the coordinating organization for that emergency support
function with a detailed description of its plan to fulfill its
responsibilities under such Plan and annexes, including identification
of key personnel and organizations or offices responsible for such
functions, and the staffing and budget allocated for these purposes for
the current year and staffing and budget needs for the succeeding year.
Each such agency or entity shall include in each such report a
certification that the agency or entity is capable and prepared to
fulfill its responsibilities under such Plan and annexes. If such
agency or entity concludes that the agency or entity is not capable and
prepared, the agency or entity should submit a remedial plan to the
Administrator and the coordinating organization for the relevant
emergency support function.</DELETED>
<DELETED> (b) Coordinating Organization Reports and Certification.--
Each agency or entity designated as the coordinating organizations
under the National Response Plan and annexes thereof shall evaluate
plans submitted by the primary and support agencies or entities in
subsection (a). Not later than March 1, 2007, and annually thereafter,
each coordinating organization for an emergency support function under
the Plan and its annexes thereof shall provide the Administrator with a
detailed description of its coordinated plan with primary and support
entities or agencies for the relevant emergency support function to
fulfill its responsibilities under the Plan and its annexes thereof,
including identification of key personnel and organizations or offices
responsible for such functions, and the staffing and budget allocated
for these purposes for the current year and staffing and budget needs
for the succeeding year. Each such agency or entity shall include in
each such report a certification that the coordinating, primary, and
support agencies or entities are capable and prepared to fulfill their
responsibilities under such Plan and annexes. If such agency or entity
concludes that the coordinating, primary, or support agency or entity
is not capable and prepared, the agency or entity should submit a
remedial plan to the Administrator and the coordinating organization
for the relevant emergency support function.</DELETED>
<DELETED> (c) Evaluation and Report to Congress by the
Administrator.--</DELETED>
<DELETED> (1) In general.--The Administrator shall ensure
that each agency or entity designated as a coordinating,
primary, or support organization under the National Response
Plan and annexes thereof is capable and prepared to carry out
its responsibilities including appropriate operational plans,
staffing, resources, and training.</DELETED>
<DELETED> (2) Reports.--Not later than June 1, 2007, and
annually thereafter, the Administrator shall submit a report to
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Homeland Security Committee of the House of
Representatives that--</DELETED>
<DELETED> (A) evaluates and verifies the readiness
of such agencies or entities for the purposes under
paragraph (1);</DELETED>
<DELETED> (B) includes an appendix that identifies
the level of funding and staffing each agency or entity
has designated to meet its responsibilities under the
National Response Plan; and</DELETED>
<DELETED> (C) in those cases where the Administrator
determines that an agency or entity is not capable or
prepared to fulfill its responsibilities, identifies
the deficiencies and develops an alternative mechanism
to ensure that the necessary capabilities are in place
to meet the requirements of the plan.</DELETED>
<DELETED>TITLE V--PREVENTION OF FRAUD, WASTE, AND ABUSE DURING
EMERGENCIES</DELETED>
<DELETED>SEC. 501. PROHIBITION ON EXCESSIVE PASS-THROUGH
CHARGES.</DELETED>
<DELETED> (a) Regulations Required.--Not later than 120 days after
the date of the enactment of this Act, the Administrator for Federal
Procurement Policy shall prescribe regulations prohibiting excessive
pass-through charges on contracts or subcontracts (or task or delivery
orders) that are entered into for or on behalf of an executive agency
that are in excess of the simplified acquisition threshold, as
specified in section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)).</DELETED>
<DELETED> (b) Scope of Regulations.--The regulations prescribed
under this section shall not apply to any firm, fixed-price contract or
subcontract (or task or delivery order) that is--</DELETED>
<DELETED> (1) awarded on the basis of adequate price
competition; or</DELETED>
<DELETED> (2) for the acquisition of a commercial item, as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``excessive pass-through charge''
means a charge by a covered contractor or subcontractor for
overhead or profit on work performed by a covered lower-tier
contractor (other than charges for the direct costs of managing
lower-tier contracts and overhead and profit based on such
direct costs).</DELETED>
<DELETED> (2) The term ``covered contractor'' means the
following:</DELETED>
<DELETED> (A) A contractor that assigns work
accounting for more than 90 percent of the cost of
contract performance (not including overhead or profit)
to subcontractors.</DELETED>
<DELETED> (B) In the case of a contract providing
for the development or production of a system of
systems, a contractor that assigns work accounting for
more than 90 percent of the cost of contract
performance (not including overhead or profit) for any
particular system under such contract to
subcontractors.</DELETED>
<DELETED> (3) The term ``covered lower-tier contractor''
means the following:</DELETED>
<DELETED> (A) With respect to a covered contractor
described by paragraph (2)(A) in a contract, any lower-
tier subcontractor under such contract.</DELETED>
<DELETED> (B) With respect to a covered contractor
described by paragraph (2)(B) in a contract, any lower-
tier subcontractor on a system under such contract for
which such covered contractor has assigned work
accounting for more than 90 percent of the cost of
contract performance (not including overhead or
profit).</DELETED>
<DELETED> (4) The term ``executive agency'' has the meaning
given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).</DELETED>
<DELETED> (d) Effective Date.--The regulations prescribed under this
section shall apply to contracts awarded on or after the date that is
120 days after the date of the enactment of this Act.</DELETED>
<DELETED> (e) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
Congress that--</DELETED>
<DELETED> (1) determines the total number all contracts and
subcontracts described under subsection (a) entered into during
the 2-year period preceding the date of enactment of this Act
to carry out the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or relating to Hurricane
Katrina;</DELETED>
<DELETED> (2) determines the number of the contracts and
subcontracts described under paragraph (1) of this subsection
to which the prohibition under subsection (a) would have
applied if this section had been in effect during that 2-year
period; and</DELETED>
<DELETED> (3) determines the number of the contracts and
subcontracts described under paragraph (1) of this subsection
to which the prohibition under subsection (a) would have
applied if--</DELETED>
<DELETED> (A) this section had been in effect during
that 2-year period; and</DELETED>
<DELETED> (B) the term ``80 percent'' is substituted
for the term ``90 percent'' each place it appears in
subsection (c).</DELETED>
<DELETED>SEC. 502. FRAUD PREVENTION PROGRAMS.</DELETED>
<DELETED> (a) Report.--</DELETED>
<DELETED> (1) Analysis.--The Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report containing an analysis of fraud
prevention programs used by the Department in connection with
assistance programs. The analysis should assess, among other
relevant issues, the effectiveness of, and adherence to, the
fraud prevention controls used in such programs for
registration and payment processes.</DELETED>
<DELETED> (2) Recommendations.--The report required under
this subsection shall include recommendations for additional
fraud prevention controls, including requiring that data
provided by registrants be validated against other Federal
Government or third-party sources to determine the accuracy of
identification and residence information.</DELETED>
<DELETED> (b) Training.--The Secretary shall conduct training on
fraud awareness for key Department personnel, including contracting
officers and the Surge Capacity Force established under section 304(b),
for the purpose of preventing fraud in the assistance programs of the
Department.</DELETED>
<DELETED>SEC. 503. CONTINGENCY CONTRACTING CORPS.</DELETED>
<DELETED> (a) Establishment and Purpose.--The Director of the Office
of Management and Budget, in consultation with the heads of other
relevant executive agencies, is authorized to establish and maintain a
Contingency Contracting Corps (hereafter in this section referred to as
the ``Corps''). The Corps shall be composed of contracting officers of
executive agencies who are trained and available to perform on a
temporary and volunteer basis services necessary to assist agencies
with contracting activities during emergencies.</DELETED>
<DELETED> (b) Service.--An employee of an executive agency shall
receive the approval of such agency prior to performing services for
the Corps under subsection (a) that reduce substantially the amount of
time such employee is able to perform his or her normal job functions,
and may perform such services for not more than one year. An employee
performing services for the Corps in accordance with this subsection
shall not be removed from his or her job as a result of performing such
services.</DELETED>
<DELETED> (c) Training.--Members of the Corps shall receive training
on contingency contracting from the Defense Acquisition University or
the Federal Acquisition Institute. The training shall be provided using
available funds in the Acquisition Workforce Training Fund established
under section 37(h)(3)(A) of the Office of Federal Procurement Policy
Act (41 U.S.C. 433(h)(3)(A)).</DELETED>
<DELETED> (d) Contingency Contracting Regulations.--Not later than
180 days after the date of enactment of this Act, the Administrator of
the Office of Federal Procurement Policy shall revise the Federal
Acquisition Regulation to compile the relevant sections relating to
contingency contracting into a single chapter or annex.</DELETED>
<DELETED>SEC. 504. VERIFICATION MEASURES FOR INDIVIDUALS AND HOUSEHOLDS
PROGRAM.</DELETED>
<DELETED> Not later than 180 days after the date of the enactment of
this Act, the Administrator shall prescribe regulations--</DELETED>
<DELETED> (1) establishing an identity verification process
for Individuals and Households Program (IHP) registrants
applying via the Internet or by telephone to provide reasonable
assurance that disaster assistance payments are made only to
qualified individuals;</DELETED>
<DELETED> (2) developing procedures to improve the existing
review process of duplicate registrations containing the exact
same social security numbers and to identify the reasons why
registrations flagged as invalid or as potential duplicates
have been overridden and approved for payment;</DELETED>
<DELETED> (3) establishing an address verification process
for IHP registrants applying via the Internet or by telephone
to provide reasonable assurance that disaster assistance
payments are made only to qualified individuals;</DELETED>
<DELETED> (4) establishing procedures for entering into
agreements with other agencies, such as the Social Security
Administration, to periodically authenticate information
contained in the IHP registrations;</DELETED>
<DELETED> (5) establishing procedures to collect duplicate
expedited assistance payments or to offset these amounts
against future payments;</DELETED>
<DELETED> (6) ensuring that future distributions of IHP
debit cards include instructions on the proper use of IHP
funds, similar to those instructions provided to recipients of
IHP checks and electronic fund transfers, to prevent improper
usage;</DELETED>
<DELETED> (7) ensuring that any systems or processes
established pursuant to paragraphs (1) through (6) are fully
tested before implementation for quality assurance;
and</DELETED>
<DELETED> (8) providing an expedited and simplified review
and appeal process for IHP registrants whose disaster
assistance applications are denied.</DELETED>
<DELETED>SEC. 505. INFORMATION TECHNOLOGY SYSTEMS.</DELETED>
<DELETED> The Secretary shall ensure that information technology
systems have functions to help ensure the validity of claims for
assistance under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), to deter waste, fraud, and
abuse.</DELETED>
<DELETED>SEC. 506. REGISTRY OF DEBRIS CONTRACTORS.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``registry'' means the registry
created under subsection (b); and</DELETED>
<DELETED> (2) the terms ``small business concern'', ``small
business concern owned and controlled by socially and
economically disadvantaged individuals'', ``small business
concern owned and controlled by women'', and ``small business
concern owned and controlled by service-disabled veterans''
have the meanings given those terms under the Small Business
Act (15 U.S.C. 631 et seq.).</DELETED>
<DELETED> (b) Registry.--</DELETED>
<DELETED> (1) In general.--The Administrator shall create a
registry of contractors who are capable of performing debris
removal, distribution of supplies, reconstruction, and other
disaster or emergency relief activities.</DELETED>
<DELETED> (2) Contents.--The registry shall include, for
each business concern--</DELETED>
<DELETED> (A) the name of the business
concern;</DELETED>
<DELETED> (B) the location of the business
concern;</DELETED>
<DELETED> (C) the area served by the business
concern;</DELETED>
<DELETED> (D) the type of good or service provided
by the business concern; and</DELETED>
<DELETED> (E) whether the business concern is--
</DELETED>
<DELETED> (i) a small business
concern;</DELETED>
<DELETED> (ii) a small business concern
owned and controlled by socially and
economically disadvantaged
individuals;</DELETED>
<DELETED> (iii) a small business concern
owned and controlled by women; or</DELETED>
<DELETED> (iv) a small business concern
owned and controlled by service-disabled
veterans.</DELETED>
<DELETED> (3) Source of information.--</DELETED>
<DELETED> (A) Submission.--Information maintained in
the registry shall be submitted on a voluntary basis by
business concerns.</DELETED>
<DELETED> (B) Attestation.--Each business concern
submitting information to the registry shall submit--
</DELETED>
<DELETED> (i) an attestation that the
information is true; and</DELETED>
<DELETED> (ii) documentation supporting such
attestation.</DELETED>
<DELETED> (C) Verification.--The Administrator of
the United States Emergency Management Authority shall
verify that the documentation submitted by each
business concern supports the information submitted by
that business concern.</DELETED>
<DELETED> (D) Enforcement penalties for
misrepresentation.--Any business concern that
misrepresents the status of that business concern as a
small business concern, a small business concern owned
and controlled by socially and economically
disadvantaged individuals, a small business concern
owned and controlled by women, or a small business
concern owned and controlled by service-disabled
veterans shall be subject to the criminal and civil
provisions of section 1001 of title 18, United States
Code, and sections 3729 through 3733 of title 31,
United States Code.</DELETED>
<DELETED> (4) Availability of registry.--The registry shall
be made generally available on the Internet site of the United
States Emergency Management Authority .</DELETED>
<DELETED> (5) Consultation of registry.--As part of the
acquisition planning for contracting for debris removal,
distribution of supplies in a disaster, reconstruction, and
other disaster or emergency relief activities, a Federal agency
shall consult the registry.</DELETED>
<DELETED>SEC. 507. USE OF CERTAIN SUPPLY SCHEDULES.</DELETED>
<DELETED> Section 502(c) of title 40, United States Code, is amended
by striking paragraph (1) and inserting the following:</DELETED>
<DELETED> ``(1) In general.--The Administrator may provide
for the use by State or local governments of Federal supply
schedules of the General Services Administration for--
</DELETED>
<DELETED> ``(A) automated data processing equipment
(including firmware), software, supplies, support
equipment, and services (as contained in Federal supply
classification code group 70); and</DELETED>
<DELETED> ``(B) procurement of supplies or services
to be used to prepare for or respond to a emergency or
major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq).''.</DELETED>
<DELETED>SEC. 508. USE OF LOCAL FIRMS AND INDIVIDUALS.</DELETED>
<DELETED> The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by striking section
307 and inserting the following:</DELETED>
<DELETED>``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.</DELETED>
<DELETED> ``(a) Contracts or Agreements With Private Entities.--
</DELETED>
<DELETED> ``(1) In general.--In the expenditure of Federal
funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals,
preference shall be given, to the maximum extent practicable,
to those organizations, firms, and individuals residing or
doing business primarily in the area affected by such major
disaster or emergency.</DELETED>
<DELETED> ``(2) Construction.--This subsection shall not be
considered to restrict the use of Department of Defense
resources under this Act in the provision of assistance in a
major disaster.</DELETED>
<DELETED> ``(b) Implementation.--</DELETED>
<DELETED> ``(1) Contracts not to entities in area.--Any
expenditure of Federal funds for debris clearance, distribution
of supplies, reconstruction, and other major disaster or
emergency assistance activities which may be carried out by
contract or agreement with private organizations, firms, or
individuals, not awarded to an organization, firm, or
individual residing or doing business primarily in the area
affected by such major disaster shall be justified in writing
in the contract file.</DELETED>
<DELETED> ``(2) Transition.--To the maximum extent feasible
and practicable, following the declaration of an emergency or
major disaster, an agency performing response, relief, and
reconstruction activities shall transition work performed under
contracts in effect on the date on which the President declares
the emergency or major disaster to organizations, firms, and
individuals residing or doing business primarily in any area
affected by the major disaster or emergency.''.</DELETED>
<DELETED>SEC. 509. ADVANCE CONTRACTING.</DELETED>
<DELETED> (a) Initial Report.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit a
report under paragraph (2) identifying--</DELETED>
<DELETED> (A) recurring disaster response
requirements, including specific goods and services,
for which the Authority is capable of contracting for
in advance of natural or man-made disasters in a cost
effective manner;</DELETED>
<DELETED> (B) recurring disaster response
requirements, including specific goods and services,
for which the Authority can not contract in advance of
a natural or manmade disaster in a cost-effective
manner; and</DELETED>
<DELETED> (C) a contracting strategy that maximizes
the use of advance contracts to the extent practical
and cost effective.</DELETED>
<DELETED> (2) Submission.--The report under paragraph (1)
shall be submitted to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs the Senate; and</DELETED>
<DELETED> (B) the Committee on Homeland Security of
the House of Representatives.</DELETED>
<DELETED> (b) Entering Into Contracts.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall enter into 1
or more contracts through the use of competitive procedures for each
type of goods or services identified under subsection (a)(1)(A), and in
accordance with the contracting strategy identified in subsection
(a)(1)(C). Any contract for goods or services identified in subsection
(a)(1)(A) previously awarded under competitive procedures may be
maintained in fulfilling this requirement.</DELETED>
<DELETED> (c) Maintenance of Contracts.--After the date described
under subsection (b), the Administrator shall have the responsibility
to maintain contracts for appropriate levels of goods and services in
accordance with subsection (a)(1)(C).</DELETED>
<DELETED> (d) Report on Contracts Not Using Competitive
Procedures.--At the end of each fiscal quarter, beginning with the
first fiscal quarter occurring at least 90 days after the date of
enactment of this Act, the Administrator shall submit a report on each
disaster assistance contract entered into by the Authority by other
than competitive procedures to--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs the Senate; and</DELETED>
<DELETED> (2) the Committee on Homeland Security of the
House of Representatives.</DELETED>
<DELETED>TITLE VI--MISCELLANEOUS PROVISIONS</DELETED>
<DELETED>SEC. 601. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated--
</DELETED>
<DELETED> (1) for fiscal year 2007--</DELETED>
<DELETED> (A) $249,000,000 for ``Administrative and
Regional Operations''; and</DELETED>
<DELETED> (B) $240,000,000 for ``Readiness,
Mitigation, Response, and Recovery'';</DELETED>
<DELETED> (2) for fiscal year 2008--</DELETED>
<DELETED> (A) $273,900,000 for ``Administrative and
Regional Operations''; and</DELETED>
<DELETED> (B) $264,000,000 for ``Readiness,
Mitigation, Response, and Recovery''; and</DELETED>
<DELETED> (3) for fiscal year 2009--</DELETED>
<DELETED> (A) $301,290,000 for ``Administrative and
Regional Operations''; and</DELETED>
<DELETED> (B) $290,400,000 for ``Readiness,
Mitigation, Response, and Recovery''.</DELETED>
<DELETED> (b) Communications.--There are authorized to be
appropriated--</DELETED>
<DELETED> (1) to carry out section 528 of the Homeland
Security Act of 2002 (as amended by this Act), $4,000,000 for
each of fiscal years 2007 through 2010, and such amounts
appropriated under this section shall remain available for 3
fiscal years after the date on which such funds are
appropriated; and</DELETED>
<DELETED> (2) to carry out section 558 of the Homeland
Security Act of 2002 (as added by this Act)--</DELETED>
<DELETED> (A) $400,000,000 for fiscal year
2007;</DELETED>
<DELETED> (B) $500,000,000 for fiscal year
2008;</DELETED>
<DELETED> (C) $600,000,000 for fiscal year
2009;</DELETED>
<DELETED> (D) $800,000,000 for fiscal year
2010;</DELETED>
<DELETED> (E) $1,000,000,000 for fiscal year 2011;
and</DELETED>
<DELETED> (F) such sums as are necessary for each
fiscal year thereafter; and</DELETED>
<DELETED> (3) for the operations of the Office for Emergency
Communications and to carry out subtitle B of title V of the
Homeland Security Act of 2002 except for section 558 (as added
by this Act)--</DELETED>
<DELETED> (A) $127,232,000 for fiscal year
2007;</DELETED>
<DELETED> (B) $126,549,000 for fiscal year
2008;</DELETED>
<DELETED> (C) $125,845,000 for fiscal year
2009;</DELETED>
<DELETED> (D) $125,121,000 for fiscal year 2010;
and</DELETED>
<DELETED> (E) such sums as are necessary for each
fiscal year thereafter.</DELETED>
<DELETED> (c) Other Authorizations.--Except as provided in
subsections (b) and (c), there are authorized to be appropriated such
sums as are necessary to carry out this Act, and the amendments made by
this Act.</DELETED>
<DELETED>SEC. 602. EFFECTIVE DATE.</DELETED>
<DELETED> This Act and the amendments made by this Act shall take
affect on January 1, 2007.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post-Katrina Emergency Management
Reform Act of 2006''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--NATIONAL PREPAREDNESS AND RESPONSE
Sec. 101. Federal Emergency Management Agency.
Sec. 102. Conforming amendments relating to intelligence reform.
Sec. 103. Border interoperability demonstration projects.
Sec. 104. Technical and conforming amendments.
TITLE II--STAFFORD ACT AMENDMENTS
Sec. 201. General Federal assistance.
Sec. 202. National Disaster Recovery Strategy.
Sec. 203. Mitigation.
Sec. 204. Disaster housing strategy.
Sec. 205. Essential services.
Sec. 206. Hazard mitigation grant program formula.
Sec. 207. Housing assistance.
Sec. 208. Maximum amount under individual assistance programs.
Sec. 209. Coordinating officers.
Sec. 210. Definitions.
Sec. 211. Catastrophic damage assistance.
Sec. 212. Individuals with disabilities.
Sec. 213. Disability coordinator.
Sec. 214. Accessible housing.
Sec. 215. GAO study on accessibility of emergency shelters.
Sec. 216. Reunification.
Sec. 217. National Emergency Family Registry and Locator System.
Sec. 218. Federal assistance to individuals and households.
Sec. 219. Mental health services.
Sec. 220. Disaster related information services.
Sec. 221. Guidelines for State and local emergency preparedness
operational plans.
Sec. 222. Transportation assistance and case management services to
individuals and households.
Sec. 223. Non-Federal assistance.
Sec. 224. Disaster coordination.
Sec. 225. Public facilities.
Sec. 226. Volunteer housing.
Sec. 227. Housing rehabilitation.
Sec. 228. Debris removal contracting.
Sec. 229. Emergency housing for victims.
TITLE III--STAFFING IMPROVEMENTS
Sec. 301. Strategic human capital plan.
Sec. 302. Career paths.
Sec. 303. National Homeland Security Academy.
Sec. 304. Surge Capacity Force.
Sec. 305. Establishment of Homeland Security Rotation Program at the
Department of Homeland Security.
Sec. 306. Quarterly report on vacancy rate in employee positions.
Sec. 307. Report by the Inspector General.
TITLE IV--PLANNING, PREPAREDNESS, AND TRAINING
Sec. 401. Definition.
Sec. 402. Emergency response framework.
Sec. 403. Review of the National Response Plan.
Sec. 404. Planning and preparedness.
Sec. 405. Training and exercises.
Sec. 406. Emergency support function assurance programs.
TITLE V--PREVENTION OF FRAUD, WASTE, AND ABUSE
Sec. 501. Prohibition on excessive pass-through charges.
Sec. 502. Fraud prevention programs.
Sec. 503. Contingency Contracting Corps and regulations.
Sec. 504. Verification measures for Individuals and Households Program.
Sec. 505. Information technology systems.
Sec. 506. Registry of disaster response contractors.
Sec. 507. Use of certain supply schedules.
Sec. 508. Use of local firms and individuals.
Sec. 509. Advance contracting.
Sec. 510. Purchase card waste elimination.
Sec. 511. Management of purchase cards.
Sec. 512. GAO report on compliance with the Single Audit Act of 1984.
Sec. 513. GAO report on improper payments.
Sec. 514. GAO report on contracts with certain small business concerns.
Sec. 515. Chief Financial Officer for Catastrophic Incidents and Long-
term Recovery Offices.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Authorization of appropriations.
Sec. 602. Effective date.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``catastrophic incident''--
(A) means any natural or man-made disaster that
results in extraordinary levels of casualties or
damage, mass evacuations, or disruption severely
affecting the population, infrastructure, environment,
economy, national morale, or government functions in an
area; and
(B) may include an incident--
(i) with a sustained national impact over a
prolonged period of time;
(ii) that may rapidly exceed resources
available to State and local government and
private-sector authorities in the impacted
area; or
(iii) that may significantly interrupt
governmental operations and emergency services
to such an extent that national security could
be threatened;
(4) the term ``Department'' means the Department of
Homeland Security;
(5) the terms ``emergency'' and ``major disaster'' have the
meanings given the terms in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122);
(6) the term ``emergency management'' means the
governmental function that coordinates and integrates all
activities necessary to build, sustain, and improve the
capability to prepare for, respond to, mitigate against, or
recover from a threatened or actual act of terrorism, natural
disaster, or other emergency;
(7) the term ``emergency manager'' means an individual
whose primary responsibility it is to perform the functions of
emergency management;
(8) the term ``emergency response provider'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101);
(9) the term ``Federal coordinating officer'' means a
Federal coordinating officer as described in section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143);
(10) the term ``individual with a disability'' has the
meaning given the term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
(11) the term ``National Advisory Council'' means the
National Advisory Council on Preparedness and Response
established under section 518 of the Homeland Security Act of
2002, as amended by this Act;
(12) the term ``National Incident Management System'' means
the National Incident Management System as described in the
National Response Plan;
(13) the term ``National Response Plan'' means the National
Response Plan prepared under Homeland Security Presidential
Directive 5 or any presidential directive meant to replace or
augment that directive;
(14) the term ``Regional Office'' means a Regional Office
established under section 517 of the Homeland Security Act of
2002, as amended by this Act;
(15) the term ``Regional Office strike team'' means a
Regional Office strike team established under section 517 of
the Homeland Security Act of 2002, as amended by this Act;
(16) the term ``Secretary'' means the Secretary of Homeland
Security; and
(17) the term ``surge capacity'' means the ability to
rapidly and substantially increase the provision of search and
rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing (including
disaster assistance employees), and other resources necessary
to save lives and protect property during a catastrophic
incident.
TITLE I--NATIONAL PREPAREDNESS AND RESPONSE
SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended--
(1) by striking the title heading and inserting the
following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT'';
(2) by striking sections 501 through 503;
(3) by striking sections 506 and 507;
(4) by redesignating sections 504, 505, 508, and 509 as
sections 540, 541, 542, and 543, respectively;
(5) by redesignating section 510 (relating to procurement
of security countermeasures for the strategic national
stockpile) as section 544;
(6) by redesignating section 510 (relating to urban and
other high risk area communications capabilities) as section
545;
(7) by inserting before section 540, as so redesignated by
this section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `all-hazards-plus' means an approach to
preparedness, response, recovery, and mitigation that
emphasizes the development of capabilities that are common to
natural and man-made disasters, while also including the
development of capabilities that are uniquely relevant to
specific types of disasters;
``(2) the term `Administrator' means the Administrator of
the Agency;
``(3) the term `Agency' means the Federal Emergency
Management Agency;
``(4) the term `catastrophic incident'--
``(A) means any natural or man-made disaster that
results in extraordinary levels of casualties or
damage, mass evacuations, or disruption severely
affecting the population, infrastructure, environment,
economy, national morale, or government functions in an
area; and
``(B) may include an incident--
``(i) with a sustained national impact over
a prolonged period of time;
``(ii) that may rapidly exceed resources
available to State and local government and
private-sector authorities in the impacted
area; or
``(iii) that may significantly interrupt
governmental operations and emergency services
to such an extent that national security could
be threatened;
``(5) the term `emergency communications capabilities'
means the ability to provide and maintain, throughout an
emergency response operation, a continuous flow of information
among emergency response providers, emergency response
agencies, and government officials from multiple disciplines
and jurisdictions and at all levels of government, in the event
of a natural or man-made disaster (including where there has
been significant damage to, or destruction of, critical
infrastructure (including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity));
``(6) the term `Federal coordinating officer' means a
Federal coordinating officer as described in section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143);
``(7) the terms `interoperable emergency communications
system' and `communications interoperability' mean the ability
of emergency response providers and relevant Federal, State,
and local government officials to--
``(A) communicate with each other as necessary,
using information technology systems and radio
communications systems; and
``(B) exchange voice, data, or video with each
other on demand, in real time, as necessary;
``(8) the term `National Advisory Council' means the
National Advisory Council on Preparedness and Response
established under section 518;
``(9) the term `National Incident Management System' means
the National Incident Management System as described in the
National Response Plan;
``(10) the term `National Response Plan' means the National
Response Plan prepared under Homeland Security Presidential
Directive 5 or any presidential directive meant to replace or
augment that directive; and
``(11) the term `surge capacity' means the ability to
rapidly and substantially increase the provision of search and
rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing (including
disaster assistance employees), and other resources necessary
to save lives and protect property during a catastrophic
incident.
``Subtitle A--Preparedness and Response
``SEC. 511. DEFINITIONS.
``In this subtitle--
``(1) the term `Nuclear Incident Response Team' means a
resource that includes--
``(A) 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
``(B) those entities of the Environmental
Protection Agency that perform such support functions
(including radiological emergency response functions)
and related functions;
``(2) the term `Regional Advisory Council' means a Regional
Advisory Council on Preparedness and Response established under
section 517;
``(3) the term `Regional Administrator' means a Regional
Administrator for Preparedness and Response appointed under
section 517; and
``(4) the term `Regional Office' means a Regional Office
established under section 517.
``SEC. 512. FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) In General.--There is in the Department the Federal Emergency
Management Agency, headed by an Administrator.
``(b) Mission.--The mission of the Agency is to--
``(1) lead the Nation's efforts to prepare for, respond to,
recover from, and mitigate the risks of natural and man-made
disasters, including catastrophic incidents;
``(2) partner with State and local governments and
emergency response providers, with other Federal agencies, with
the private sector, and with nongovernmental organizations to
build a national system of emergency management that can
effectively and efficiently utilize the full measure of the
Nation's resources to respond to a catastrophic incident or
other natural or man-made disaster;
``(3) develop a Federal response capability that, when
necessary and appropriate, can act effectively and rapidly to
deliver assistance essential to saving lives or protecting or
preserving property or public health and safety in a natural or
man-made disaster;
``(4) fuse the Department's emergency response,
preparedness, recovery, mitigation, and critical infrastructure
assets into an integrated organization that can effectively
confront the challenges of a natural or man-made disaster;
``(5) develop and maintain robust Regional Offices that
will work with State and local governments and emergency
response providers to identify and address regional priorities;
``(6) under the leadership of the Secretary, coordinate
with the Commandant of the Coast Guard, the Director of Customs
and Border Protection, the Director of Immigration and Customs
Enforcement, the National Operations Center, and other agencies
and offices in the Department to take full advantage of the
substantial range of resources in the Department that can be
brought to bear in preparing for and responding to a natural or
man-made disaster;
``(7) carry out the provisions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
``(8) provide funding, training, exercises, technical
assistance, planning, and other assistance to build local,
State, regional, and national capabilities (including
communications capabilities), necessary to respond to a
potential natural or man-made disaster;
``(9) implement a risk-based, all-hazards-plus strategy for
preparedness that builds those common capabilities necessary to
respond to both terrorist attacks and natural disasters while
also building the unique capabilities necessary to respond to
specific types of incidents that pose the greatest risk to our
Nation; and
``(10) promote and plan for the protection, security,
resiliency, and postdisaster restoration of critical
infrastructure and key resources of the United States,
including cyber and communications assets, against or in the
event of a natural or man-made disaster, 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.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--The Administrator shall have not
less than 5 years of executive leadership and management
experience in the public or private sector, significant
experience in crisis management or another relevant field, and
a demonstrated ability to manage a substantial staff and
budget.
``(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
``(4) Principal advisor on emergency preparedness and
response.--
``(A) In general.--The Administrator is the
principal emergency preparedness and response advisor
to the President, the Homeland Security Council, and
the Secretary.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice
with respect to any matter to the President,
the Homeland Security Council, or the
Secretary, the Administrator shall, as the
Administrator considers appropriate, inform the
President, the Homeland Security Council, or
the Secretary, as the case may be, of the range
of emergency mitigation, preparedness,
response, and recovery options with respect to
that matter.
``(ii) Advice on request.--The
Administrator, as an emergency preparedness and
response advisor, shall provide advice to the
President, the Homeland Security Council, or
the Secretary on a particular matter when the
President, the Homeland Security Council, or
the Secretary requests such advice.
``(iii) Recommendations to congress.--After
informing the Secretary, the Administrator may
make such recommendations to Congress relating
to emergency preparedness and response as the
Administrator considers appropriate.
``(C) Retention of authority.--Nothing in this
paragraph shall be construed as affecting the authority
of the Secretary under this Act.
``SEC. 513. AUTHORITIES AND RESPONSIBILITIES.
``(a) In General.--The Administrator shall provide Federal
leadership necessary to mitigate, prepare for, respond to, and recover
from a natural or man-made disaster, including--
``(1) carrying out the 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 preparedness and response program of--
``(A) mitigation, by taking sustained actions to
reduce or eliminate long-term risks to people and
property from hazards and their effects;
``(B) preparedness, by planning, training, and
building the emergency preparedness and response
workforce to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
``(C) response, by conducting emergency operations
to save lives and property through positioning
emergency equipment, personnel, and supplies, through
evacuating potential victims, through providing food,
water, shelter, and medical care to those in need, and
through restoring critical public services;
``(D) 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) critical infrastructure protection, including
by--
``(i) identifying and prioritizing the
critical infrastructure and key resources of
the United States;
``(ii) carrying out comprehensive
assessments of the vulnerability of the
critical infrastructure and key resources,
including cyber and communications assets;
``(iii) developing a comprehensive plan for
securing such critical infrastructure and key
resources;
``(iv) coordinating with other agencies of
the Federal Government; and
``(v) in cooperation with State and local
government agencies and authorities, the
private sector, and other entities,
recommending protective measures and
identifying priorities for the restoration of
such critical infrastructure and key resources;
``(2) increasing efficiencies, by coordinating efforts
relating to mitigation, preparedness, response, recovery, and
infrastructure protection;
``(3) helping to ensure the effectiveness of emergency
response providers in responding to a natural or man-made
disaster;
``(4) providing the Federal Government's response to a
natural or man-made disaster, 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
under 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 natural
or man-made disaster;
``(5) working with Federal, State, and local government
personnel, agencies, and authorities to build a comprehensive
national incident management system to respond to a natural or
man-made disaster;
``(6) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department under 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;
``(7) helping to ensure that emergency response providers
acquire interoperable and sustainable technology;
``(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
``(9) administering homeland security emergency management,
first responder, and other preparedness grants;
``(10) administering and implementing the National Response
Plan, including monitoring, evaluating, and ensuring the
readiness of each emergency support function under the National
Response Plan;
``(11) coordinating with the National Advisory Council;
``(12) ensuring the protection of critical infrastructure
by--
``(A) carrying out the responsibilities under
paragraphs (2) through (6) of section 201(d);
``(B) promoting, prioritizing, coordinating, and
planning for the--
``(i) protection, security, and resiliency
of key resources and critical infrastructure of
the United States, including cyber and
communications assets, against a natural or
man-made disaster; and
``(ii) postdisaster restoration of key
resources and critical infrastructure of the
United States, including cyber and
communications assets, in the event of a
natural or man-made disaster; and
``(13) otherwise carrying out the mission of the Agency as
described in section 512(b).
``(b) Additional Responsibilities Related to Catastrophic
Incidents.--
``(1) In general.--The Administrator, in consultation with
the Secretary and other senior Department officials, shall
develop a national emergency management system that is capable
of responding to catastrophic incidents.
``(2) Identification of resources.--
``(A) In general.--The Administrator shall develop
and submit to Congress annually an estimate of the
resources of the Agency and other Federal agencies
needed for and devoted specifically to developing the
capabilities of Federal, State, and local governments
necessary to respond to a catastrophic incident.
``(B) Contents.--Each estimate under subparagraph
(A) shall include the resources both necessary for and
devoted to--
``(i) planning;
``(ii) training and exercises;
``(iii) Regional Office enhancements;
``(iv) staffing, including for surge
capacity during a catastrophic incident;
``(v) additional logistics capabilities;
``(vi) other responsibilities under the
Catastrophic Incident Annex and the
Catastrophic Incident Supplement of the
National Response Plan;
``(vii) State and local government
catastrophic incident preparedness; and
``(viii) covering increases in the fixed
costs or expenses of the Agency, including rent
or property acquisition costs or expenses,
taxes, contributions to the working capital
fund of the Department, and security costs for
the year after the year in which such estimate
is submitted.
``(c) All-Hazards-Plus Approach.--In carrying out the
responsibilities under this section, the Administrator shall implement
a risk-based, all-hazards-plus strategy that builds those common
capabilities necessary to prepare for, respond to, recover from, and
mitigate the risks of terrorist attacks and natural disasters, while
also building the unique capabilities necessary to prepare for, respond
to, recover from, and mitigate the risks of specific types of incidents
that pose the greatest risk to the Nation.
``(d) GAO Report on Fixed Costs or Expenses.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Comptroller General shall submit a report to
Congress on the amount of increase in the fixed costs or
expenses of the Federal Emergency Management Agency during the
period of January 1, 2000, through such date of enactment.
``(2) Content.--The report under this subsection shall--
``(A) evaluate the increases in all of the fixed
costs or expenses of the Federal Emergency Management
Agency, including fixed costs or expenses such as rent
or property acquisition expenses, taxes, contributions
to the working capital fund of the Department or other
contributions to accounts of the Department, and
security costs (including increases in the costs of
security and the increased amounts of security
obtained); and
``(B) include an analysis of any additional
resources needed to accommodate for any increases in
fixed costs or expenses that have not been addressed in
previous increases in the budget of the Department.
``SEC. 514. AGENCY COMPONENTS.
``There are transferred to the Agency the following:
``(1) All functions of the Federal Emergency Management
Agency, as constituted on June 1, 2006, including all of its
personnel, assets, components, and liabilities, and including
the functions of the Under Secretary for Federal Emergency
Management relating thereto.
``(2) The Directorate of Preparedness, as constituted on
June 1, 2006, including all of its functions, personnel assets,
components, and liabilities, and including the functions of the
Under Secretary for Preparedness relating thereto.
``SEC. 515. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
``(b) Reorganization.--Section 872 shall not apply to the Agency,
including any function or organizational unit of the Agency.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not substantially or
significantly reduce the authorities, responsibilities, or
functions of the Agency or the capability of the Agency to
perform those responsibilities, except as otherwise
specifically provided in an Act enacted after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006.
``(2) Certain transfers prohibited.--No asset, function, or
mission of the Agency may be diverted to the principal and
continuing use of any other organization, unit, or entity of
the Department, except for details or assignments that do not
reduce the capability of the Agency to perform its missions.
``SEC. 516. DIRECTORS.
``(a) In General.--There shall be in the Agency a Director for
Preparedness and a Director for Response and Recovery, each of whom
shall be appointed by the President, by and with the advice and consent
of the Senate, and shall report to the Administrator.
``(b) Qualifications.--
``(1) In general.--A Director shall have--
``(A) not less than 5 years of--
``(i) executive leadership and management
experience in the public or private sector; and
``(ii) significant experience in crisis
management or another relevant field; and
``(B) a demonstrated ability to manage a
substantial staff and budget.
``(2) Concurrent experience.--Service during any period of
time may be used in meeting the requirements under both clause
(i) and (ii) of paragraph (1)(A).
``(c) Initial Directors.--
``(1) In general.--Except as provided under paragraph (2),
the individual serving as the Under Secretary for Preparedness
and the individual serving as the Under Secretary for Federal
Emergency Management on the effective date of the Post-Katrina
Emergency Management Reform Act of 2006, may serve as the
Director for Preparedness and the Director of Response and
Recovery, respectively, until a Director for Preparedness or a
Director of Response and Recovery, as the case may be, is
appointed under subsection (a).
``(2) Prior confirmation.--Paragraph (1) shall apply if the
individual is serving as the Under Secretary for Preparedness
or the Under Secretary for Federal Emergency Management, under
an appointment by the President, by and with the advice and
consent of the Senate.
``SEC. 517. REGIONAL OFFICES.
``(a) In General.--
``(1) Regional offices.--The Administrator shall establish
10 Regional Offices of the Agency.
``(2) Additional office.--In addition to the Regional
Offices established under paragraph (1), the Administrator may
designate the Office of National Capital Region Coordination
under section 882 as a Regional Office.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall
be headed by a Regional Administrator for Preparedness and
Response, who shall be appointed by the Administrator. Each
Regional Administrator for Preparedness and Response shall
report directly to the Administrator.
``(2) Qualifications.--Each Regional Office shall be headed
by an individual in the Senior Executive Service qualified to
act as a senior Federal coordinating officer to provide
strategic oversight of incident management when needed.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall work in
partnership with State and local governments, emergency
managers, emergency response providers, medical providers, the
private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical area
served by the Regional Office to carry out the responsibilities
of a Regional Administrator under this section.
``(2) Responsibilities.--The responsibilities of a Regional
Administrator include--
``(A) ensuring effective, coordinated, and
integrated regional preparedness, mitigation, response,
and recovery activities and programs for natural and
man-made disasters (including planning, training,
exercises, and professional development);
``(B) coordinating and integrating regional
preparedness, mitigation, response, and recovery
activities and programs for natural and man-made
disasters (including planning, training, exercises, and
professional development), which shall include--
``(i) providing regional and interstate
planning assistance;
``(ii) organizing, in consultation with the
Administrator, regional training and exercise
programs;
``(iii) providing support and coordination
officers for State and local government
training and exercises;
``(iv) participating in emergency
preparedness and planning activities by State,
regional, and local governments;
``(v) assisting in the development of
regional capabilities needed for a national
catastrophic response system;
``(vi) helping to coordinate and develop
interstate agreements;
``(vii) coordinating the establishment of
effective regional interagency emergency
communications capabilities and communications
interoperability, and reporting annually to the
Administrator, who shall provide the
information to the Director for Emergency
Communications, on regional efforts to achieve
these goals and on regional progress in meeting
the goals of the National Emergency
Communications Strategy developed under section
553; and
``(viii) providing planning and technical
assistance to State and local governments
relating to hazard mitigation and prevention
measures, including encouraging hazard-
resistant building design and sustainable land
development policies to reduce vulnerability to
natural disasters;
``(C) establishing and overseeing 1 or more strike
teams within the region under subsection (e), which
shall serve as the focal point of the Federal
Government's initial response efforts for a natural or
man-made disaster within that region, and otherwise
building Federal response capabilities to respond to a
natural or man-made disaster within that region;
``(D) carrying out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure in the region, including carrying out
risk assessments, and working with Federal departments
and agencies, State and local government agencies, and
the private sector to accomplish this objective and to
design programs to address the identified
vulnerabilities;
``(E) designating an individual responsible for, in
conjunction with other relevant Federal, State, and
local government officials, the development of
strategic and operational regional plans to respond
effectively to natural or man-made disasters in the
region in support of the National Response Plan;
``(F) establishing in the Regional Office of such
Regional Administrator a Regional Advisory Council on
Preparedness and Response, to advise the Regional
Administrator on emergency preparedness and response
issues specific to the region;
``(G) coordinating all activities conducted under
this section with other Federal departments and
agencies; and
``(H) performing such other duties relating to such
responsibilities as the Administrator may require.
``(d) Area Offices.--The Administrator shall establish--
``(1) an Area Office for the Pacific and an Area Office for
the Caribbean, as components in the appropriate Regional
Offices; and
``(2) an Area Office in Alaska.
``(e) Regional Office Strike Teams.--
``(1) Establishment.--In coordination with other relevant
Federal agencies, each Regional Administrator shall establish
multi-agency strike teams that shall consist of--
``(A) a designated Federal coordinating officer;
``(B) personnel trained in incident management;
``(C) public affairs, response and recovery, and
communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the Administrator or
Regional Administrator determines appropriate; and
``(G) individuals from the agencies with primary
responsibility for each of the emergency support
functions in the National Response Plan, including the
following:
``(i) Transportation.
``(ii) Communications.
``(iii) Public works and engineering.
``(iv) Emergency management.
``(v) Mass care.
``(vi) Housing and human services.
``(vii) Public health and medical services.
``(viii) Urban search and rescue.
``(ix) Public safety and security.
``(x) External affairs.
``(2) Location of members.--The members of each Regional
Office strike team, including representatives from agencies
other than the Department, shall be based primarily at the
Regional Office that corresponds to that strike team.
``(3) Coordination.--Each Regional Office strike team shall
coordinate the training and exercises of that strike team with
the State and local governments and private sector and
nongovernmental entities which the strike team shall support
when a natural or man-made disaster occurs.
``(4) Preparedness.--Each Regional Office strike team shall
be trained, equipped, and staffed to be well prepared to
respond to natural and man-made disasters, including
catastrophic incidents.
``SEC. 518. NATIONAL ADVISORY COUNCIL ON PREPAREDNESS AND RESPONSE.
``(a) Establishment.--Not later than 60 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act of 2006,
the Secretary shall establish an advisory body under section 871(a), to
be known as the National Advisory Council on Preparedness and Response.
``(b) Responsibilities.--The National Advisory Council shall advise
the Administrator on all aspects of emergency preparedness and
response.
``(c) Membership.--
``(1) In general.--The members of the National Advisory
Council shall be appointed by the Administrator, and shall, to
the extent practicable, represent a geographic (including urban
and rural) and substantive cross section of officials,
emergency managers, and emergency response providers from State
and local governments, the private sector, and nongovernmental
organizations, including as appropriate--
``(A) members selected from the emergency
preparedness and response fields, including fire
service, law enforcement, hazardous materials response,
emergency medical services, and emergency preparedness
and response personnel, or organizations representing
such individuals;
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals;
``(C) experts representing standards setting
organizations;
``(D) State and local government officials with
expertise in terrorism preparedness and emergency
preparedness and response;
``(E) elected State and local government
executives;
``(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
``(G) representatives of the disabled and other
special needs populations; and
``(H) such other individuals as the Administrator
determines to be appropriate.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of
section 10 of such Act, and section 552b(c) of title 5, United
States Code, shall apply to the 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. 519. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION CENTER.
``(a) In General.--There is in the Agency a National Incident
Management System Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the National
Incident Management System Integration Center, and in
consultation with other Federal departments and agencies and
the National Advisory Council, shall ensure ongoing management
and maintenance of the National Incident Management System, the
National Response Plan, any other document or tool in support
of Homeland Security Presidential Directive 5, or any other
Homeland Security Presidential Directive relating to incident
management and response.
``(2) Specific responsibilities.--The National Incident
Management System Integration Center shall--
``(A) periodically review, and revise as
appropriate, the National Incident Management System
and the National Response Plan;
``(B) review other matters relating to the National
Incident Management System and the National Response
Plan, as the Administrator may require;
``(C) develop and implement a national program for
National Incident Management System and National
Response Plan education and awareness;
``(D) oversee all aspects of the National Incident
Management System, including the development of
compliance criteria and implementation activities at
Federal, State, and local government levels;
``(E) provide guidance and assistance to States and
local governments and emergency response providers, in
adopting the National Incident Management System; and
``(F) perform such other duties relating to such
responsibilities as the Administrator may require.
``SEC. 520. NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational
awareness' means information gathered from a variety of sources that,
when communicated to emergency preparedness and response managers and
decision makers, can form the basis for incident management
decisionmaking.
``(b) Establishment.--There is established in the Department a
National Operations Center.
``(c) Purpose.--The purposes of the National Operations Center are
to--
``(1) coordinate the national response to any natural or
man-made disaster, as determined by the Secretary;
``(2) provide situational awareness and a common operating
picture for the entire Federal Government, and for State and
local governments as appropriate, for an event described in
paragraph (1);
``(3) collect and analyze information to help deter,
detect, and prevent terrorist acts;
``(4) disseminate terrorism and disaster-related
information to Federal, State, and local governments;
``(5) ensure that critical terrorism and disaster-related
information reaches government decision-makers; and
``(6) perform such other duties as the Secretary may
require.
``(d) Responsibilities.--The National Operations Center shall carry
out the responsibilities of the Homeland Security Operations Center,
the National Response Coordination Center, and the Interagency Incident
Management Group, as constituted on September 1, 2005.
``SEC. 521. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Agency 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 Administrator.
``(b) Qualifications.--The individual appointed as Chief Medical
Officer shall possess a demonstrated ability in and knowledge of
medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to natural and man-made disasters, including--
``(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
``(2) coordinating the biosurveillance and detection
activities of the Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the Department,
including training, exercises, and equipment support;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of Defense,
the Department of Health and Human Services, the Department of
Transportation, the Department of Veterans Affairs, and other
Federal departments or agencies, on medical and public health
issues;
``(5) serving as the Department's primary point of contact
for State and local governments, the medical community, and
others within and outside the Department, with respect to
medical and public health matters;
``(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the
Department related to Project Bioshield;
``(7) establishing doctrine and priorities for the National
Disaster Medical System, consistent with the National Response
Plan and the National Incident Management System, supervising
its medical components, and exercising predeployment
operational control, including--
``(A) determining composition of the teams;
``(B) overseeing credentialing of the teams; and
``(C) training personnel of the teams;
``(8) managing the Metropolitan Medical Response System
(including establishing doctrine and priorities for the
Metropolitan Medical Response System, consistent with the
National Response Plan and the National Incident Management
System) and developing and overseeing standards, plans,
training, and exercises and coordinating with the Office of
Grants and Training on the use and distribution of Metropolitan
Medical Response grants;
``(9) assessing and monitoring long-term health issues of
emergency managers and emergency response providers;
``(10) developing and updating, in consultation with the
Secretary of Health and Human Services, guidelines for State
and local governments for medical response plans for chemical,
biological, radiological, nuclear, or explosive weapon attacks;
``(11) 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;
``(12) establishing and providing oversight for the
Department's occupational health and safety program, including
workforce health; and
``(13) performing such other duties relating to such
responsibilities as the Secretary or the Administrator may
require.
``(d) Long-Term Health Assessment Program.--
``(1) In general.--The Chief Medical Officer, in
consultation with the Director of the National Institute for
Occupational Safety and Health, shall establish a program to
assess, monitor, and study the health and safety of emergency
managers and emergency response 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 an Incident of National
Significance.
``SEC. 522. PUBLIC AND COMMUNITY PREPAREDNESS.
``The Administrator shall promote public and community
preparedness.
``SEC. 523. BASIC LIFE SUPPORTING FIRST AID EDUCATION FOR CHILDREN.
``(a) Definitions.--In this section--
``(1) the term `age-appropriate' means information,
education, and skills suitable for the individual to understand
and perform;
``(2) the term `appropriate municipal entity' means an
agency of a unit of local government that is an emergency
response provider or provides other similar medical services or
training, including a fire department, law enforcement agency,
hospital, school nurse, or emergency medical services provider;
``(3) the term `children' means individuals under the age
of 18 years enrolled in grades kindergarten through 12;
``(4) the term `emergency medical professional' means an
individual certified by a State in emergency medical services;
``(5) the term `life supporting first aid' includes
cardiopulmonary resuscitation, the use of an automatic external
defibrillator, the Heimlich maneuver, blood-borne and
biohazardous precautions, bleed control, and other life-
sustaining procedures in the event of an emergency; and
``(6) the term `selected organization' means the
organization contracting with the Secretary under subsection
(b).
``(b) Authority.--The Secretary, acting through the Chief Medical
Officer, and in consultation with the Secretary of Education, shall
enter into an agreement with an organization, under which such
organization shall provide funds to appropriate municipal entities to
provide education and training in life supporting first aid to
children, including scene safety procedures.
``(c) Eligibility.--In selecting an organization, the Secretary
shall consider and give priority to an organization that--
``(1) has experience in training individuals (especially
children) to be active bystanders, equipped with life
supporting first aid skills to assist during emergencies;
``(2) recognizes that life supporting first aid techniques
are essential to maintaining life before the arrival of
emergency response providers;
``(3) uses emergency medical professionals as instructors
to teach life supporting first aid techniques to children and
adults;
``(4) works with Federal, State, and local government
entities and the private sector to highlight the importance of
public emergency preparedness and effective emergency response;
``(5) has developed and implemented, before the date of
entering a contract under subsection (b), a testing component
for evaluation, accountability, and data collection; and
``(6) is an affiliate of the Citizens Corps of the
Department.
``(d) Use of Funds.--
``(1) In general.--Funds provided under this section by the
selected organization to an appropriate municipal entity shall
be used--
``(A) to create age-appropriate educational
materials regarding life supporting first aid to be
distributed to children;
``(B) to conduct training and clinical instruction
of children in life supporting first aid; and
``(C) for data collection and statistical analysis.
``(2) Priority.--In providing funds to appropriate
municipal entities under this section, the selected
organization shall give priority to emergency medical services,
fire departments, law enforcement agencies, hospitals, and
school nurses.
``SEC. 524. SAVER PROGRAM.
``(a) In General.--In the Department there is a System Assessment
and Validation for Emergency Responders Program to provide impartial
evaluations of emergency response equipment and systems.
``(b) Requirements.--The program 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 already
been third-party certified to a 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 subsystems; and
``(4) provide information and feedback to emergency
response providers through the Responder Knowledge Base of the
National Memorial Institute for the Prevention of Terrorism, or
other appropriate forum.
``(c) Assessment and Validation Process.--The assessment and
validation of emergency response provider equipment and systems shall
use 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) Personal Protective Equipment.--To the extent practical, the
assessment and validation of personal protective equipment under this
section shall be conducted by the National Personal Protective
Technology Laboratory of the National Institute for Occupational Safety
and Health.
``SEC. 525. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) National Search and Rescue Response System.--There is
established in the Agency an emergency response system known as the
National Search and Rescue Response System that provides a national
network of standardized search and rescue resources to assist State and
local governments in responding to any natural or man-made disaster.
``(b) Administration of the System.--
``(1) Task force participation.--The Administrator shall
select eligible search and rescue teams that are sponsored by
State and local government entities to participate as task
forces in the National Search and Rescue Response System. The
Administrator shall determine the criteria for such
participation.
``(2) Agreements with sponsoring agencies.--The
Administrator 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 National Search and Rescue
Response System.
``(3) Management and technical teams.--The Administrator
shall maintain such management and other technical teams as are
necessary to administer the National Search and Rescue Response
System.
``SEC. 526. METROPOLITAN MEDICAL RESPONSE SYSTEM.
``(a) In General.--There is in the Agency a Metropolitan Medical
Response System. Under the Metropolitan Medical Response System, the
Assistant Secretary for Grants and Planning, in coordination with the
Chief Medical Officer, shall administer grants to develop, maintain,
and enhance medical preparedness systems that are capable of responding
effectively to a public health crisis or mass-casualty event caused by
a natural or man-made disaster.
``(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.
``SEC. 527. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
``(a) Definition.--In this section, the term `National
Infrastructure Simulation and Analysis Center' means the National
Infrastructure Simulation and Analysis Center established under section
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
``(b) Authority.--
``(1) In general.--There is in the Agency the National
Infrastructure Simulation and Analysis Center which shall serve
as a source of national expertise to address critical
infrastructure protection and continuity through support for
activities related to--
``(A) counterterrorism, threat assessment, and risk
mitigation; and
``(B) a natural or man-made disaster.
``(2) Infrastructure modeling.--
``(A) Particular support.--The support provided
under paragraph (1) shall include modeling, simulation,
and analysis of the systems and assets comprising
critical infrastructure, in order to enhance critical
infrastructure preparedness, protection, response, and
recovery activities.
``(B) Relationship with other agencies.--Each
Federal agency and department with critical
infrastructure responsibilities under Homeland Security
Presidential Directive 7, or any successor to such
directive, shall establish a formal relationship,
including an agreement regarding information sharing,
between the elements of such agency or department and
the National Infrastructure Simulation and Analysis
Center, through the Department.
``(C) Purpose.--
``(i) In general.--The purpose of the
relationship under subparagraph (B) shall be to
permit each Federal agency and department
described in subparagraph (B) to take full
advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center
(particularly vulnerability and consequence
analysis), consistent with its work load
capacity and priorities, for real-time response
to reported and projected natural and man-made
disasters.
``(ii) Recipient of certain support.--
Modeling, simulation, and analysis provided
under this subsection shall be provided to
relevant Federal agencies and departments,
including Federal agencies and departments with
critical infrastructure responsibilities under
Homeland Security Presidential Directive 7, or
any successor to such directive.
``SEC. 528. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
``(a) In General.--The Secretary, acting through the Administrator,
may make grants for the purposes of administering and improving the
Emergency Management Assistance Compact consented to by the Joint
Resolution entitled `Joint Resolution granting the consent of Congress
to the Emergency Management Assistance Compact' (Public Law 104-321;
110 Stat. 3877).
``(b) Uses.--A grant under this section shall be used to--
``(1) carry out recommendations identified in after-action
reports for the 2004 and 2005 hurricane season issued under the
Emergency Management Assistance Compact;
``(2) coordinate with the Department and other Federal
Government agencies;
``(3) coordinate with State and local government entities
and their respective national associations;
``(4) assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing emergency response providers and
the typing of emergency response resources; or
``(5) administer the operations of the Emergency Management
Assistance Compact.
``SEC. 529. OFFICE FOR THE PREVENTION OF TERRORISM.
``(a) Establishment.--There is established in the Department an
Office for the Prevention of Terrorism, which shall be headed by a
Director.
``(b) Director.--
``(1) Reporting.--The Director of the Office for the
Prevention of Terrorism shall report directly to the Secretary.
``(2) Qualifications.--The Director of the Office for the
Prevention of Terrorism shall have an appropriate background
with experience in law enforcement, intelligence, or other
anti-terrorist functions.
``(c) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign to the Office
for the Prevention of Terrorism permanent staff and other
appropriate personnel detailed from other components of the
Department to carry out the responsibilities under this
section.
``(2) Liaisons.--The Secretary shall designate senior
employees from each component of the Department that has
significant antiterrorism responsibilities to act a liaison
between that component and the Office for the Prevention of
Terrorism.
``(d) Responsibilities.--The Director of the Office for the
Prevention of Terrorism shall--
``(1) coordinate policy and operations between the
Department and State and local government agencies relating to
preventing acts of terrorism within the United States;
``(2) serve as a liaison between State and local law
enforcement agencies and the Department;
``(3) in coordination with the Office of Intelligence,
develop better methods for the sharing of intelligence with
State and local law enforcement agencies;
``(4) work with the Assistant Secretary of the Office of
Grants and Training to ensure that homeland security grants to
State and local government agencies, including the Law
Enforcement Terrorism Prevention Program, Commercial Equipment
Direct Assistance Program, and grants to support fusion centers
and other law enforcement-oriented programs are adequately
focused on terrorism prevention activities; and
``(5) coordinate with the Agency, the Department of
Justice, the National Institute of Justice, law enforcement
organizations, and other appropriate entities to develop
national voluntary consensus standards for training and
personal protective equipment to be used in a tactical
environment by law enforcement officers.
``(e) Pilot Project.--
``(1) In general.--The Director of the Office for the
Prevention of Terrorism, in coordination with the Director for
Response and Recovery, shall establish a pilot project to
determine the efficacy and feasibility of establishing law
enforcement deployment teams.
``(2) Function.--The law enforcement deployment teams
participating in the pilot program under this subsection shall
form the basis of a national network of standardized law
enforcement resources to assist State and local governments in
responding to a natural or man-made disaster.
``(f) Construction.--Nothing in this section may be construed to
affect the roles or responsibilities of the Department of Justice.
``SEC. 530. DEPARTMENT OFFICIALS.
``(a) Cybersecurity and Telecommunications.--There is in the
Department an Assistant Secretary for Cybersecurity and
Telecommunications.
``(b) United States Fire Administration.--The Administrator of the
United States Fire Administration shall have a rank equivalent to an
assistant secretary of the Department.
``SEC. 531. CREDENTIALING.
``(a) Definitions.--In this section--
``(1) the term `credential' means to provide documentation
that can authenticate and verify the qualifications and
identity of managers of incidents, emergency response
providers, and other appropriate personnel, including by
ensuring that such personnel possess a minimum common level of
training, experience, physical and medical fitness, and
capability appropriate for their position;
``(2) the term `credentialing' means evaluating an
individual's qualifications for a specific position under
guidelines created under this section and assigning such
individual a qualification under the standards developed under
this section; and
``(3) the term `credentialed' means an individual has been
evaluated for a specific position under the guidelines created
under this section.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a
memorandum of understanding with the administrators of the
Emergency Management Assistance Compact, State and local
governments, emergency response providers, and the
organizations that represent such providers, to collaborate on
establishing nationwide standards for credentialing all
personnel who are likely to respond to a natural or man-made
disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) include the minimum professional
qualifications, certifications, training, and education
requirements for specific emergency response functional
positions that are applicable to Federal, State, and
local government;
``(B) be compatible with the National Incident
Management System; and
``(C) be consistent with standards for advance
registration for health professions volunteers under
section 319I of the Public Health Services Act (42
U.S.C. 247d-7b).
``(3) Timeframe.--The Administrator shall develop standards
under paragraph (1) not later than 6 months after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006.
``(c) Credentialing of Department Personnel.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Secretary and the Administrator shall ensure that
all personnel of the Department (including temporary personnel
and individuals in the Surge Capacity Force established under
section 304 of the Post-Katrina Emergency Management Reform Act
of 2006) who are likely to respond to a natural or man-made
disaster are credentialed.
``(2) Strategic human capital plan.--Not later than 90 days
after completion of the credentialing under paragraph (1), the
Administrator shall evaluate whether the workforce of the
Agency complies with the strategic human capital plan of the
Agency developed under section 301 of the Post-Katrina
Emergency Management Reform Act of 2006 and is sufficient to
respond to a catastrophic incident.
``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months
after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, the Administrator shall provide
the standards developed under subsection (b) to all Federal
agencies that have responsibilities under the National Response
Plan.
``(2) Credentialing of agencies.--Not later than 180 days
after the date on which the standards are provided under
paragraph (1), each agency described in paragraph (1) shall--
``(A) ensure that all employees or volunteers of
that agency who are likely to respond to a natural or
man-made disaster are credentialed; and
``(B) submit to the Secretary the name of each
credentialed employee or volunteer of such agency.
``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the credentialing
process of that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Administrator shall establish and maintain a
documentation and database system of Federal emergency response
providers and all other Federal personnel credentialed to
respond to a natural or man-made disaster.
``(2) Accessibility.--The documentation and database system
established under paragraph (1) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to a natural or man-made disaster.
``(3) Considerations.--The Administrator shall consider
whether the credentialing system can be used to regulate access
to areas affected by a natural or man-made disaster.
``(f) Guidance to State and Local Governments.--Not later than 6
months after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, the Administrator shall--
``(1) in collaboration with the administrators of the
Emergency Management Assistance Compact, State and local
governments, emergency response providers, and the
organizations that represent such providers, provide detailed
written guidance, assistance, and expertise to State and local
governments to facilitate the credentialing of State and local
emergency response providers commonly or likely to be used in
responding to a natural or man-made disaster; and
``(2) in coordination with the administrators of the
Emergency Management Assistance Compact, State and local
governments, emergency response providers (and the
organizations that represent such providers), and appropriate
national professional organizations, assist State and local
governments with credentialing the personnel of the State or
local government under the guidance provided under paragraph
(1).
``(g) Report.--Not later than 6 months after the date of enactment
of the Post-Katrina Emergency Management Reform Act of 2006, and
annually thereafter, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
describing the implementation of this section, including the number and
level of qualification of Federal personnel trained and ready to
respond to a natural or man-made disaster.
``SEC. 532. TYPING OF RESOURCES.
``(a) Definitions.--In this section--
``(1) the term `typed' means an asset or resource that has
been evaluated for a specific function under the guidelines
created under this section; and
``(2) the term `typing' means to define in detail the
minimum capabilities of an asset or resource.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a
memorandum of understanding with the administrators of the
Emergency Management Assistance Compact, State and local
governments, emergency response providers, and organizations
that represent such providers, to collaborate on establishing
nationwide standards for typing of resources commonly or likely
to be used in responding to a natural or man-made disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) be applicable to Federal, State, and local
government; and
``(B) be compatible with the National Incident
Management System.
``(c) Typing of Department Resources and Assets.--Not later than 1
year after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, the Secretary shall ensure that all
resources and assets of the Department that are commonly or likely to
be used to respond to a natural or man-made disaster are typed.
``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months
after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, the Administrator shall provide
the standards developed under subsection (b) to all Federal
agencies that have responsibilities under the National Response
Plan.
``(2) Typing of agencies, assets and resources.--Not later
than 180 days after the date on which the standards are
provided under paragraph (1), each agency described in
paragraph (1) shall--
``(A) ensure that all resources and assets
(including teams, equipment, and other assets) of that
agency that are commonly or likely to be used to
respond to a natural or man-made disaster are typed;
and
``(B) submit to the Secretary a list of all types
resources and assets.
``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the typing process of
that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Administrator shall establish and maintain a
documentation and database system of Federal resources and
assets commonly or likely to be used to respond to a natural or
man-made disaster.
``(2) Accessibility.--The documentation and database system
established under paragraph (1) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to a natural or man-made disaster.
``(f) Guidance to State and Local Governments.--Not later than 6
months after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, the Administrator, in collaboration with
the administrators of the Emergency Management Assistance Compact,
State and local governments, emergency response providers, and the
organizations that represent such providers, shall--
``(1) provide detailed written guidance, assistance, and
expertise to State and local governments to facilitate the
typing of the resources and assets of State and local
governments likely to be used in responding to a natural or
man-made disaster; and
``(2) assist State and local governments with typing
resources and assets of State or local governments under the
guidance provided under paragraph (1).
``(g) Report.--Not later than 6 months after the date of enactment
of the Post-Katrina Emergency Management Reform Act of 2006, and
annually thereafter, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
describing the implementation of this section, including the number and
type of Federal resources and assets ready to respond to a natural or
man-made disaster.
``SEC. 533. PROVIDING SECURE ACCESS TO CRITICAL INFRASTRUCTURE.
``Not later than 6 months after the date of enactment of the Post-
Katrina Emergency Management Reform Act of 2006, and in coordination
with appropriate national professional organizations, Federal, State,
and local government agencies, and private-sector and nongovernmental
entities, the Administrator shall create model standards or guidelines
that States may adopt in conjunction with critical infrastructure
owners and operators and their employees to permit access to restricted
areas in the event of a natural or man-made disaster.
``SEC. 534. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.
``(a) Measures to Improve Information Technology Systems.--The
Administrator shall take appropriate measures to update and improve the
information technology systems of the Agency, including measures to--
``(1) ensure that the multiple information technology
systems of the Agency (including the National Emergency
Management Information System, the Logistics Information
Management System III, and the Automated Deployment Database)
are fully compatible and can share and access information from
each other;
``(2) ensure technology enhancements reach the headquarters
and regional offices of the Agency in a timely fashion, to
allow seamless integration;
``(3) develop and maintain a testing environment that
ensures that all system components are properly and thoroughly
tested before their release;
``(4) ensure that the information technology systems of the
Agency have the capacity to track disaster response personnel,
mission assignments task orders, commodities, and supplies used
in response to a natural or man-made disaster;
``(5) make appropriate improvements to the National
Emergency Management Information System to address shortcomings
in such system on the date of enactment of the Post-Katrina
Emergency Management Reform Act of 2006; and
``(6) provide training, manuals, and guidance on
information technology systems to personnel, including disaster
response personnel, to help ensure employees can properly use
information technology systems.
``(b) Report.--Not later than 270 days after the date of enactment
of the Post-Katrina Emergency Management Reform Act of 2006, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report describing the
implementation of this section, including any actions taken,
improvements made, any remaining problems and describing any additional
funding needed to make necessary and appropriate improvements to the
information technology systems of the Agency.
``SEC. 535. EVACUATION TECHNICAL ASSISTANCE.
``(a) In General.--The Administrator shall provide technical
assistance to States and local governments that experience hurricanes,
tsunamis, or other severe weather events, including the preparation of
hurricane evacuation studies and evacuation plans assessing storm surge
estimates, evacuation zones, evacuation clearance times, transportation
capacity, and shelter capacity.
``(b) Plan and Schedule.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Post-Katrina Emergency Management Reform
Act of 2006, the Administrator shall--
``(A) establish a plan and schedule for completing,
maintaining, and periodically updating evacuation
studies carried out by the Administrator to ensure that
States and local governments that experience
hurricanes, tsunamis, or other severe weather events
have current and complete information available to them
for the preparation of their own evacuation plans; and
``(B) include in the plan and schedule established
under subparagraph (A) annual maintenance and updates
of existing hurricane evacuation studies following each
hurricane season for those basins impacted by a
hurricane.
``(2) Previously initiated studies.--Any evacuation study
initiated prior to the promulgation of a plan and schedule
established under paragraph (1) shall be completed not later
than January 1, 2008.
``(c) Assistance and Guidelines.--The Administrator shall develop
guidelines for the preparation of, and assist each State that is
eligible for assistance under this section in producing, a State pre-
storm evacuation and shelter plan which shall address the following:
``(1) Information, guidance, and data contained in
hurricane evacuation studies and other models or projections of
storm surge estimates, evacuation zones, evacuation clearance
times, transportation capacity, and shelter capacity.
``(2) Guidance regarding storm surge and evacuation-related
estimates projections provided by the National Weather Service
or the National Oceanic and Atmospheric Administration.
``(3) State planning assumptions, procedures, and
guidelines for pre-storm evacuation-decision making and
sheltering based on hurricane evacuation studies and published
guidance by the Agency.
``(4) Transportation and shelter capabilities or resources
that will be available and used by the State and by each
county, parish or municipality to implement the State pre-storm
evacuation and shelter plan.
``(5) Estimated costs for the State and for each county or
parish to provide pre-storm evacuation and sheltering based on
historical data, cost estimates developed by the State
Comptroller that are updated after each hurricane season.
``(6) Any documented limitations on State, county, parish,
or city resources or capability to provide for pre-storm
evacuation and shelter and the planning assumptions of the
State regarding the need for Federal assistance to compensate
for such limitations.
``(d) Report to Congress.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act of 2006,
and annually thereafter, the Administrator shall report to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate and the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives on the actions taken by the Administrator to carry out
the provisions of this section, including the status of evacuation
studies, State evacuation and shelter plans, and the incorporation of
lessons learned from post-storm assessments.
``SEC. 536. EVACUATION PLANS AND EXERCISES.
``(a) In General.--Notwithstanding any other provision of law,
grants made to States or local governments by the Department through
the State Homeland Security Grant Program or the Urban Area Security
Initiative may be used to--
``(1) establish programs for the development and
maintenance of mass evacuation plans under subsection (b) in
the event of a natural or man-made disaster;
``(2) prepare for the execution of such plans, including
the development of evacuation routes and the purchase and
stockpiling of necessary supplies and shelters; and
``(3) conduct exercises of such plans.
``(b) Plan Development.--In developing the mass evacuation plans
authorized under subsection (a), each State or local government shall,
to the maximum extent practicable--
``(1) establish incident command and decision making
processes;
``(2) ensure that State and local government plans,
including evacuation routes, are coordinated and integrated;
``(3) identify primary and alternative evacuation routes
and methods to increase evacuation capabilities along such
routes such as conversion of two-way traffic to one-way
evacuation routes;
``(4) identify evacuation transportation modes and
capabilities, including the use of mass and public transit
capabilities, and coordinating and integrating evacuation plans
for all populations including for those individuals located in
hospitals, nursing homes, and other institutional living
facilities for individuals with special needs;
``(5) develop procedures for informing the public of
evacuation plans before and during an evacuation, including
individuals who--
``(A) have special needs;
``(B) do not speak English; or
``(C) might otherwise have difficulty in obtaining
such information; and
``(6) identify shelter locations and capabilities.
``(c) Assistance.--
``(1) In general.--The Administrator may establish any
guidelines, standards, or requirements determined appropriate
to administer this section and to ensure effective mass
evacuation planning for State and local areas.
``(2) Requested assistance.--The Administrator shall make
assistance available upon request of a State or local
government to assist hospitals, nursing homes, and other
institutions that house individuals with special needs to
establish, maintain, and exercise mass evacuation plans that
are coordinated and integrated into the plans developed by that
State or local government under this section.
``SEC. 537. MINIMUM PERFORMANCE MEASURE REQUIREMENTS.
``(a) In General.--The Administrator shall ensure State, regional,
and local emergency preparedness by establishing minimum performance
requirements for public and community preparedness.
``(b) Activities.--The Administrator shall--
``(1) establish minimum performance requirements for
entities that receive homeland security preparedness grants;
``(2) conduct, in coordination with Regional Offices,
simulations and exercises to test minimum performance
requirements for--
``(A) emergencies and major disasters not less than
2 times each year; and
``(B) catastrophic incidents not less than once
each year; and
``(3) ensure that entities that the Administrator
determines are failing to demonstrate minimum performance
requirements under paragraph (1) shall remedy the areas of
failure not later than the end of the second full fiscal year
after the date of such determination by--
``(A) establishing a plan for the achievement of
the minimum performance requirements under paragraph
(1), including--
``(i) developing intermediate indicators
for the 2 fiscal years following the date of
such determination; and
``(ii) conducting additional simulations
and exercises; and
``(B) revising the State homeland security plan.
``(c) Waiver.--At the discretion of the Administrator, the
occurrence of an emergency, major disaster, or catastrophic incident in
an area may be deemed as a simulation under subsection (b)(2).
``(d) Report to Congress.--Not later than the end of the first full
fiscal year after the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006, and each fiscal year thereafter, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and to the Committee on Homeland
Security of the House of Representatives a report describing--
``(1) the performance of grantees under subsection (b)(1);
``(2) lessons learned through the simulations and exercises
under subsection (b)(2); and
``(3) efforts being made to remedy failed performance under
subsection (b)(3).
``SEC. 538. COORDINATION BETWEEN THE AGENCY AND THE UNITED STATES ARMY
CORPS OF ENGINEERS.
``(a) In General.--The Administrator shall coordinate with the
Commander and Chief of Engineers of the United States Army Corps of
Engineers on those issues pertaining to natural and man-made disaster
response, recovery, and mitigation concerning the missions of the
Agency and the Corps to lessen the impact of natural and man-made
disasters.
``(b) Consultation.--Consultation under this section shall include
consideration of ways to establish better interdepartmental
communication and strategic planning regarding levees, levy repair,
flood plain management, critical infrastructure, and other relevant
matters pertaining to vulnerable communities.
``SEC. 539. DISCLOSURE OF CERTAIN INFORMATION TO LAW ENFORCEMENT
AGENCIES.
``In the event of circumstances requiring an evacuation,
sheltering, or mass relocation, the Secretary may disclose information
in any individual assistance database of the Department in accordance
with section 552a(b) of title 5, United States Code, (commonly referred
to as the `Privacy Act') to any law enforcement agency of the Federal
Government or a State or local government in order to identify illegal
conduct or address public safety or security issues, including
compliance with sex offender notification laws.''; and
(8) by inserting after section 545 (as redesignated by
paragraph (6) of this subsection) the following:
``Subtitle B--Emergency Communications
``SEC. 551. DEFINITIONS.
``In this subtitle--
``(1) the term `eligible region' means--
``(A) 2 or more contiguous incorporated
municipalities, counties, parishes, Indian tribes, or
other general purpose jurisdictions that--
``(i) have joined together to enhance
emergency communications capabilities or
communications interoperability between
emergency response providers in those
jurisdictions and with State and Federal
officials; and
``(ii) includes the largest city in any
metropolitan statistical area or metropolitan
division, as defined by the Office of
Management and Budget; or
``(B) any other area the Secretary determines to be
consistent with the definition of a region in the
national preparedness guidance issued under Homeland
Security Presidential Directive 8;
``(2) the term `National Emergency Communications Strategy'
means the strategy established under section 553; and
``(3) the term `Office of Emergency Communications' means
the office established under section 552.
``SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS.
``(a) In General.--There is established in the Agency an Office of
Emergency Communications.
``(b) Director.--The head of the Office of Emergency Communications
shall be the Director for Emergency Communications. The Director shall
report to the Assistant Secretary for Cybersecurity and
Telecommunications.
``(c) Responsibilities.--The Director for Emergency Communications
shall--
``(1) assist the Secretary and the Administrator 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));
``(2) carry out the responsibilities and authorities of the
Department relating to the development and implementation of a
strategy to achieve national communications interoperability
and emergency communications capabilities and promulgating
grant guidance for that purpose;
``(3) carry out the responsibilities under section 543;
``(4) conduct extensive, nationwide outreach and foster the
development of emergency communications capabilities and
interoperable communications systems by Federal, State, and
local governments and public safety agencies, and by regional
consortia thereof, by--
``(A) developing, updating, and implementing a
national strategy to achieve emergency communications
capabilities, with goals and timetables;
``(B) developing, updating, and implementing a
national strategy to achieve communications
interoperability, with goals and timetables;
``(C) developing a national architecture, which
defines the components of an interoperable system and
how the components are constructed;
``(D) in conjunction with the National Advisory
Council, establishing and maintaining a task force that
represents the broad customer base of public safety
agencies of State and local governments, and Federal
agencies, involved in public safety disciplines such as
law enforcement, firefighting, emergency medical
services, public health, and disaster recovery, in
order to receive input and coordinate efforts to
achieve emergency communications capabilities and
communications interoperability;
``(E) working with the Interoperable Communications
Technical Assistance Program to provide technical
assistance to State and local government officials and
the Regional Advisory Councils established under
section 517;
``(F) promoting a greater understanding of the
importance of emergency communications capabilities,
communications interoperability, and the benefits of
sharing resources among all levels of Federal, State,
and local government;
``(G) promoting development of standard operating
procedures for incident response and facilitating the
sharing of information on best practices (including
from governments abroad) for achieving emergency
communications capabilities and communications
interoperability;
``(H) making recommendations to Congress about any
changes in Federal law necessary to remove barriers to
achieving emergency communications capabilities and
communications interoperability;
``(I) funding and conducting pilot programs, as
necessary, in order to--
``(i) evaluate and validate technology
concepts in real-world environments to achieve
emergency communications capabilities and
communications interoperability;
``(ii) encourage more efficient use of
resources, including equipment and spectrum;
and
``(iii) test and deploy public safety
communications systems that are less prone to
failure, support nonvoice services, consume
less spectrum, and cost less;
``(J) liaisoning with the private sector to develop
solutions to improve emergency communications
capabilities and achieve communications
interoperability;
``(K) using modeling and simulation for training
exercises and command and control functions at the
operational level; and
``(L) performing other functions necessary to
improve emergency communications capabilities and
achieve communications interoperability;
``(5) administer the responsibilities and authorities of
the Department relating to the Integrated Wireless Network
Program;
``(6) administer the responsibilities and authorities of
the Department relating to the National Communications System;
``(7) administer the responsibilities and authorities of
the Department related to the Emergency Alert System and the
Integrated Public Alert and Warning System;
``(8) establish an effective, reliable, integrated,
flexible, and comprehensive system to alert and warn the people
of the United States in the event of a natural or man-made
disaster;
``(9) administer the responsibilities and authorities of
the Department relating to Office of Interoperability and
Compatibility;
``(10) 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;
``(11) 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 emergency communications
capabilities;
``(12) review, in consultation with the Assistant Secretary
for Grants and Training, all interoperable emergency
communications plans of Federal, State, and local governments,
including Statewide and tactical interoperability plans; and
``(13) create an interactive database that contains an
inventory of emergency communications assets maintained by the
Federal Government and, where appropriate, State and local
governments and the private sector, that--
``(A) can be deployed rapidly following a natural
or man-made disaster to assist emergency response
providers and State and local governments; and
``(B) includes land mobile radio systems, satellite
phones, portable infrastructure equipment, backup power
system equipment, and other appropriate equipment and
systems.
``SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.
``(a) In General.--Not later than 180 days after the completion of
the baseline assessment under section 554, and in cooperation with
State and local governments, Federal departments and agencies,
emergency response providers, and the private sector, the
Administrator, acting through the Director for Emergency
Communications, shall develop a National Emergency Communications
Strategy to achieve national emergency communications capabilities and
interoperable emergency communications.
``(b) Contents.--The National Emergency Communication Strategy
shall--
``(1) 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;
``(2) identify the appropriate emergency communications
capabilities and communications interoperability necessary for
Federal, State, and local governments to operate during natural
and man-made disasters;
``(3) address both short-term and long-term solutions to
achieving Federal, State, and local government emergency
communications capabilities and interoperable emergency
communications systems, including provision of commercially
available equipment that facilitates operability,
interoperability, coordination, and integration among emergency
communications systems;
``(4) identify how Federal departments and agencies that
respond to natural or man-made disasters can work effectively
with State and local governments, in all States, and with such
other entities as are necessary to implement the strategy;
``(5) include measures to identify and overcome all
obstacles to achieving interoperable emergency communications;
``(6) set goals and establish timetables for the
development of an emergency, command-level communication system
based on equipment available across the United States and a
nationwide interoperable emergency communications system;
``(7) identify appropriate and reasonable measures public
safety agencies should employ to ensure that their network
infrastructure remains operable during a natural or man-made
disaster;
``(8) include education of State and local government
emergency response providers about the availability of backup
emergency communications assets and their importance in
planning for natural and man-made disasters;
``(9) identify, in consultation with the Federal
Communications Commission, measures State and local governments
should employ to ensure operability of 911, E911 and public
safety answering points during natural and man-made disasters;
and
``(10) include building the capability to adapt the
distribution and content of emergency alerts on the basis of
geographic location, risks, or personal user preferences, as
appropriate.
``SEC. 554. ASSESSMENTS AND REPORTS.
``(a) Baseline Operability and Interoperability Assessment.--Not
later than June 1, 2007, and periodically thereafter, but not less
frequently than every 5 years, the Administrator, acting through the
Director for Emergency Communications, shall conduct an assessment of
Federal, State, and local governments to--
``(1) define the range of emergency communications
capabilities and communications interoperability needed for
specific events;
``(2) assess the capabilities to meet such communications
needs;
``(3) determine the degree to which necessary emergency
communications capabilities and communications interoperability
have been achieved;
``(4) ascertain the needs that remain for communications
interoperability to be achieved;
``(5) assess the ability of communities to provide and
maintain emergency communications capabilities and
communications interoperability among emergency response
providers, and government officials in the event of a natural
or man-made disaster, including when there is substantial
damage to ordinary communications infrastructure or a sustained
loss of electricity;
``(6) 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 emergency communications system;
and
``(7) compile a list of best practices among communities
for providing and maintaining emergency communications
capabilities and communications interoperability in the event
of a natural or man-made disaster.
``(b) Mobile Communications.--The Administrator, acting through the
Director of Emergency Communications, shall evaluate the feasibility
and desirability of the Department developing, on its own or in
conjunction with the Department of Defense, a mobile communications
capability, modeled on the Army Signal Corps, that could be deployed to
support emergency communications at the site of a natural or man-made
disaster.
``(c) Annual Report.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act of 2006,
and annually thereafter until the date that is 10 years after such
date, the Administrator, acting through the Director for Emergency
Communications, shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the progress of
the Department in implementing and achieving the goals of this
subtitle, including a description of the findings of the most recent
nationwide assessment conducted under subsection (a).
``SEC. 555. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
``(a) Assessment of Grants and Standards Programs.--The Secretary,
acting through the Director for Emergency Communications, in
coordination with other Federal departments and agencies, and in
consultation with the National Advisory Committee, shall review Federal
emergency communications grants and standards programs across the
Federal government to--
``(1) integrate and coordinate Federal grant guidelines for
the use of Federal assistance relating to interoperable
emergency communications and emergency communications
capabilities;
``(2) assess and make recommendations to ensure that such
guidelines are consistent across the Federal Government; 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 may prohibit any State or
local 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 Plan under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f));
``(B) the State or local government has not taken
adequate steps to maintain operability of network
infrastructure in order to prepare for a natural or
man-made disaster; or
``(C) a grant request does not comply with
interoperable communications equipment standards, after
those standards have been developed through a voluntary
consensus-based process or are promulgated pursuant to
the authority under paragraph (2).
``(2) Standards.--If the Secretary determines that
inadequate progress is being made on the completion of
voluntary consensus-based interoperable communications
equipment standards, the Secretary may promulgate such
standards and include them in interoperable communications
grant guidance.
``SEC. 556. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
``(a) In General.--The Secretary shall establish a comprehensive
research and development program to promote emergency communications
capabilities and communications interoperability among emergency
response providers, including by--
``(1) promoting research on a competitive basis through the
Directorate of Science and Technology Homeland Security
Advanced Research Projects Agency; and
``(2) establishing a Center of Excellence under the
Department of Homeland Security Centers of Excellence Program,
using a competitive process, focused on enhancing information
and communications systems for emergency response providers.
``(b) Purposes.--The purposes of the program established under
subsection (a) include--
``(1) understanding the strengths and weaknesses of the
public safety communications systems in use;
``(2) examining how current and emerging technology can
make public safety organizations more effective, and how
Federal, State, and local government agencies can use this
technology in a coherent and cost-effective manner;
``(3) exploring Federal, State, and local government
policies that shall move systematically towards long-term
solutions;
``(4) evaluating and validating technology concepts, and
promoting the deployment of advanced public safety information
technologies for emergency communications capabilities and
communications interoperability; and
``(5) advancing the creation of a national strategy to
enhance emergency communications capabilities, promote
communications interoperability and efficient use of spectrum
in communications systems, improve information sharing across
organizations, and use advanced information technology to
increase the effectiveness of emergency response providers in
valuable new ways.
``SEC. 557. EMERGENCY COMMUNICATIONS PILOT PROJECTS.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Administrator shall establish not fewer than 2
pilot projects to develop and evaluate strategies and
technologies for providing and maintaining emergency
communications capabilities and communications interoperability
among emergency response providers and government officials in
the event of a natural or man-made disaster in which there is
significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity.
``(2) Interoperable data communications.--Not less than 1
pilot project under this section shall involve the development
of interoperable data communications, including medical and
victim information, so that this information can be shared
among emergency response providers, as needed, at all levels of
government, and in accordance with the regulations promulgated
under the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-91; 110 Stat. 1936).
``(b) Selection Criteria.--In selecting areas for the location of
the pilot projects under this section, the Administrator shall
consider--
``(1) the risk to the area from a large-scale terrorist
attack or natural disaster;
``(2) the number of potential victims from a large-scale
terrorist attack or natural disaster in the area;
``(3) the capabilities of the emergency communications
systems of the area and capabilities for the development of
modeling and simulation training and command and control
functions; and
``(4) such other criteria as the Administrator may
determine appropriate.
``SEC. 558. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY GRANTS.
``(a) In General.--The Administrator, through the Office of the
Grants and Training, shall make grants to States and eligible regions
for initiatives necessary to improve emergency communications
capabilities and to achieve short-term or long-term solutions to
statewide, regional, national, and, where appropriate, international
interoperability.
``(b) Use of Grant Funds.--Grants awarded under subsection (a) may
be used for initiatives to achieve short-term or long-term solutions
for emergency communications capabilities and communications
interoperability within the State or region and to assist with any
aspect of the communication life cycle, including--
``(1) statewide or regional communications planning;
``(2) system design and engineering;
``(3) procurement and installation of equipment;
``(4) exercises;
``(5) modeling and simulation exercises for operational
command and control functions;
``(6) other activities determined by the Administrator to
be integral to the achievement of emergency communications
capabilities and communications interoperability; and
``(7) technical assistance and training.
``(c) Coordination.--The Administrator shall ensure that the Office
of Grants and Training coordinates its activities with the Office of
Emergency Communications, the Directorate of Science and Technology and
other Federal entities so that grants awarded under this section, and
other grant programs related to homeland security, fulfill the purposes
of this section and facilitate the achievement of emergency
communications capabilities and communications interoperability
consistent with the national strategy.
``(d) Application.--
``(1) In general.--A State or eligible region desiring a
grant under this section shall submit an application at such
time, in such manner, and accompanied by such information as
the Administrator may reasonably require.
``(2) Minimum contents.--At a minimum, each application
submitted under paragraph (1) shall--
``(A) identify the critical aspects of the
communications life cycle, including planning, system
design and engineering, procurement and installation,
and training for which funding is requested;
``(B) describe how--
``(i) the proposed use of funds would be
consistent with and address the goals in any
applicable State homeland security plan, and,
unless the Secretary determines otherwise, is
consistent with the national strategy and
architecture; and
``(ii) the applicant intends to spend funds
under the grant, to administer such funds, and
to allocate such funds among any participating
local governments; and
``(C) be consistent with the Interoperable
Communications Plan required by section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)).
``(e) State Review and Submission.--
``(1) In general.--To ensure consistency with State
homeland security plans, an eligible region applying for a
grant under this section shall submit its application to each
State within which any part of the eligible region is located
for review before submission of such application to the
Administrator.
``(2) Deadline.--Not later than 30 days after receiving an
application from an eligible region under paragraph (1), each
such State shall transmit the application to the Administrator.
``(3) State disagreement.--If the Governor of any such
State determines that a regional application is inconsistent
with the State homeland security plan of that State, or
otherwise does not support the application, the Governor
shall--
``(A) notify the Administrator in writing of that
fact; and
``(B) provide an explanation of the reasons for not
supporting the application at the time of transmission
of the application.
``(f) Award of Grants.--
``(1) Considerations.--In approving applications and
awarding grants under this section, the Administrator shall
consider--
``(A) the nature of the threat to the State or
eligible region from natural or man-made disasters;
``(B) the location, risk, or vulnerability of
critical infrastructure and key national assets,
including the consequences from damage to critical
infrastructure in nearby jurisdictions as a result of a
natural or man-made disaster;
``(C) the size of the population, and the
population density of the area, that will be served by
the interoperable emergency communications systems,
except that the Secretary shall not establish a minimum
population requirement that would disqualify from
consideration an area that otherwise faces significant
threats, vulnerabilities, or consequences from a
natural or man-made disaster;
``(D) the extent to which grants will be used to
implement emergency communications and interoperability
solutions--
``(i) consistent with the national strategy
and compatible with national infrastructure and
equipment standards; and
``(ii) more efficient and cost effective
than current approaches;
``(E) the number of jurisdictions within regions
participating in the development of emergency
communications capabilities and interoperable emergency
communications systems, including the extent to which
the application includes all incorporated
municipalities, counties, parishes, and tribal
governments within the State or eligible region, and
their coordination with Federal and State agencies;
``(F) the extent to which a grant would expedite
the achievement of emergency communications
capabilities and communications interoperability in the
State or eligible region with Federal, State, and local
government agencies;
``(G) the extent to which a State or eligible
region, given its financial capability, demonstrates
its commitment to expeditiously achieving emergency
communications capabilities and communications
interoperability by supplementing Federal funds with
non-Federal funds;
``(H) whether the State or eligible region is on or
near an international border;
``(I) whether the State or eligible region
encompasses an economically significant border
crossing;
``(J) whether the State or eligible region has a
coastline bordering an ocean or international waters
including the Great Lakes;
``(K) the extent to which geographic barriers pose
unusual obstacles to achieving emergency communications
capabilities or communications interoperability;
``(L) the threats, vulnerabilities, and
consequences faced by the State or eligible region
related to at-risk sites or activities in nearby
jurisdictions, including the need to respond to natural
or man-made disasters arising in those jurisdictions;
``(M) the need to achieve nationwide emergency
communications capabilities and communications
interoperability, consistent with the national
strategies;
``(N) the extent to which the State has formulated
a State executive interoperability committee or
conducted similar statewide planning efforts;
``(O) whether the activity for which a grant is
requested is being funded under another homeland
security grant program; and
``(P) such other factors as are specified by the
Secretary in writing.
``(2) Review panel.--
``(A) In general.--The Secretary shall establish a
review panel under section 871(a) to assist in
reviewing grant applications under this section.
``(B) Recommendations.--The review panel
established under subparagraph (A) shall make
recommendations to the Administrator regarding
applications for grants under this section.
``(C) Membership.--The review panel established
under subparagraph (A) shall include individuals with
technical expertise in emergency communications and
communications interoperability and emergency response
providers and other relevant State and local government
officials.
``(3) Availability of funds.--Any grant funds awarded that
may be used to support emergency communications capabilities or
communications interoperability shall, as the Administrator may
determine, remain available for up to 3 years, consistent with
section 7303(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(e)).''.
SEC. 102. CONFORMING AMENDMENTS RELATING TO INTELLIGENCE REFORM.
Section 7303(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(g)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Interoperable emergency communications system and
communications interoperability.--The terms `interoperable
emergency communications system' and `communications
interoperability' mean the ability of emergency response
providers and relevant Federal, State, and local government
agencies to--
``(A) communicate with each other as necessary,
using information technology systems and radio
communications systems; and
``(B) exchange voice, data, or video with each
other on demand, in real time, as necessary.''; and
(2) by adding at the end the following:
``(3) Emergency communications capabilities.--The term
`emergency communications capabilities' means the ability to
provide and maintain, throughout an emergency response
operation, a continuous flow of information among emergency
responders, agencies, and government officials from multiple
disciplines and jurisdictions and at all levels of government
in the event of a natural disaster, terrorist attack, or other
large-scale or catastrophic emergency, including where there
has been significant damage to, or destruction of, critical
infrastructure, substantial loss of ordinary telecommunications
infrastructure, and sustained loss of electricity.''.
SEC. 103. BORDER INTEROPERABILITY DEMONSTRATION PROJECTS.
(a) Definitions.--In this section--
(1) the term ``demonstration project'' means a
demonstration project established under subsection (b)(1); and
(2) the term ``interoperable emergency communications
system'' has the meaning given that term in section 501 of the
Homeland Security Act of 2002, as amended by this Act.
(b) In General.--
(1) Establishment.--There is established in the Department
an ``International Border Community Interoperable
Communications Demonstration Project''.
(2) Minimum number of communities.--The Secretary shall
select not fewer than 6 communities to participate in a
demonstration project.
(3) Location of communities.--Not fewer than 3 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and not fewer than 3
of the communities selected under paragraph (2) shall be
located on the southern border of the United States.
(c) Project Requirements.--A demonstration project shall--
(1) address the interoperable emergency communications
system needs of police officers, firefighters, emergency
medical technicians, National Guard, and other emergency
response providers;
(2) foster interoperable emergency communications systems--
(A) among Federal, State, local, and tribal
government agencies in the United States involved in
preventing or responding to terrorist attacks or other
catastrophic events; and
(B) with similar agencies in Canada or Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of equipment for
interoperable emergency communications systems;
(5) identify solutions that will facilitate communications
interoperability across national borders expeditiously;
(6) ensure that emergency response providers can
communicate with each other and the public at disaster sites;
(7) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in a
variety of environments; and
(8) identify and secure appropriate joint-use equipment to
ensure communications access.
(d) Distribution of Funds.--
(1) In general.--The Secretary shall distribute funds under
this section to each community participating in a demonstration
project through the State, or States, in which each community
is located.
(2) Other participants.--Not later than 60 days after
receiving funds under paragraph (1), a State receiving funds
under this section shall make the funds available to the local
governments and emergency response providers selected by the
Secretary to participate in a demonstration project.
(e) Reporting.--Not later than December 31, 2007, and each year
thereafter in which funds are appropriated for a demonstration project,
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the demonstration
projects.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the Federal Emergency Management
Agency.''.
(2) Directors.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Directors, Federal Emergency Management Agency.''.
(b) Officers of the Department.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the Federal Emergency Management
Agency.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as
amended by this subsection) as paragraphs (2) through (9),
respectively.
(c) References.--Any reference to the Director of the Federal
Emergency Management Agency, in any law, rule, regulation, certificate,
directive, instruction, or other official paper in force on the
effective date of this title shall be considered to refer and apply to
the Administrator of the Federal Emergency Management Agency.
(d) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the items relating to title V and sections 501 through 509 and
inserting the following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT
``Sec. 501. Definitions.
``Subtitle A--Preparedness and Response
``Sec. 511. Definitions.
``Sec. 512. Federal Emergency Management Agency.
``Sec. 513. Authorities and responsibilities.
``Sec. 514. Agency components.
``Sec. 515. Preserving the Federal Emergency Management Agency.
``Sec. 516. Directors.
``Sec. 517. Regional Offices.
``Sec. 518. National Advisory Council on Preparedness and Response.
``Sec. 519. National Incident Management System Integration Center.
``Sec. 520. National Operations Center.
``Sec. 521. Chief Medical Officer.
``Sec. 522. Public and community preparedness.
``Sec. 523. Basic life supporting first aid education for children.
``Sec. 524. SAVER Program.
``Sec. 525. National Search and Rescue Response System.
``Sec. 526. Metropolitan Medical Response System.
``Sec. 527. The National Infrastructure Simulation and Analysis Center.
``Sec. 528. Emergency Management Assistance Compact.
``Sec. 529. Office for the Prevention of Terrorism.
``Sec. 530. Department officials.
``Sec. 531. Credentialing.
``Sec. 532. Typing of resources.
``Sec. 533. Providing secure access to critical infrastructure.
``Sec. 534. Improvements to information technology systems.
``Sec. 535. Evacuation technical assistance.
``Sec. 536. Evacuation Plans and Exercises.
``Sec. 537. Minimum performance measure requirements.
``Sec. 538. Coordination between the Agency and the United States Army
Corps of Engineers.
``Sec. 539. Disclosure of certain information to law enforcement
agencies.
``Sec. 540. Nuclear incident response.
``Sec. 541. Conduct of certain public health-related activities.
``Sec. 542. Use of national private sector networks in emergency
response.
``Sec. 543. Use of commercially available technology, goods, and
services.
``Sec. 544. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 545. Urban and other high risk area communications capabilities.
``Subtitle B--Emergency Communications
``Sec. 551. Definitions.
``Sec. 552. Office of Emergency Communications.
``Sec. 553. National Emergency Communications Strategy.
``Sec. 554. Assessments and reports.
``Sec. 555. Coordination of Federal emergency communications grant
programs.
``Sec. 556. Emergency communications interoperability research and
development.
``Sec. 557. Emergency communications pilot projects.
``Sec. 558. Emergency communications and interoperability grants.''.
TITLE II--STAFFORD ACT AMENDMENTS
SEC. 201. GENERAL FEDERAL ASSISTANCE.
(a) Major Disasters.--Section 402 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is
amended--
(1) by striking ``In any major disaster, the President''
and inserting the following:
``(a) In General.--In any major disaster, the President'';
(2) in subsection (a)(1), as so designated by this section,
by striking ``efforts'' and inserting ``response or recovery
efforts, including precautionary evacuations'';
(3) in subsection (a)(2), as so designated by this section,
by striking the semicolon and inserting ``, including
precautionary evacuations;'';
(4) in subsection (a)(3), as so designated by this section,
by striking ``and'' at the end;
(5) in subsection (a)(4), as so designated by this section,
by striking the period and inserting ``; and''; and
(6) by adding at the end the following:
``(5) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence
of a specific request and in which case the President--
``(A) shall, to the fullest extent practicable,
promptly notify and coordinate with officials in a
State in which such assistance or support is provided;
and
``(B) shall not, in notifying and coordinating with
a State under subparagraph (A), delay or impede the
rapid deployment, use, and distribution of critical
resources to victims of a major disaster.
``(b) Recovery Efforts.--In any major disaster, the President may
assist State and local governments in short-term and long-term recovery
from the consequences of a major disaster and coordinate any such
Federal assistance provided by--
``(1) identifying Federal programs and agencies to support
the implementation of short-term and long-term recovery efforts
of State, regional, local, and tribal governments;
``(2) directing any Federal agency, with or without
reimbursement, to utilize its authorities and resources to--
``(A) support State and local governments,
nongovernmental organizations, and the private sector
by conducting a postdisaster assessment of social,
economic, and environmental impacts; and
``(B) provide technical assistance, guidance, and
resources to State and local governments to undertake
long-term recovery activities;
``(3) creating a plan that clearly outlines the roles,
responsibilities, and shared activities of each Federal
department and agency involved in long-term recovery
activities;
``(4) coordinating long-term recovery activities and
mitigation provided by all Federal agencies, nongovernmental
organizations, the private sector, and State and local
governments; and
``(5) providing technical assistance and other advice to
State and local governments affected by the major disaster to--
``(A) assess social, economic, and environmental
impacts (including impacts to living resources) of the
major disaster on the affected geographic region;
``(B) support coordinated, multi-scale planning
that takes postdisaster assessments and hazard and risk
modeling into account;
``(C) coordinate data sharing and information
management between Federal agencies, State and local
governments, nongovernmental organizations, and the
private sector;
``(D) coordinate implementation of plans for long-
term recovery activities; and
``(E) manage, control, and mitigate hazards and
risk in a way that reduces injuries, loss of life,
damage to the natural environment, and damage and
destruction of property, including damage to living
resources and facilities.
``(c) Guidelines.--The President shall promulgate and maintain
guidelines to assist Governors in requesting the declaration of a major
disaster in advance of a natural or man-made disaster (including for
the purpose of seeking assistance with special needs and other
evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under
which such requests are likely to be approved.''.
(b) Emergencies.--Section 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the semicolon and
inserting ``, including precautionary evacuations;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon;
(C) in paragraph (7), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(8) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence
of a specific request and in which case the President--
``(A) shall, to the fullest extent practicable,
promptly notify and coordinate with a State in which
such assistance or support is provided; and
``(B) shall not, in notifying and coordinating with
a State under subparagraph (A), delay or impede the
rapid deployment, use, and distribution of critical
resources to victims of an emergency.'';
(2) in subsection (b), by striking the period and inserting
``, including precautionary evacuations.''; and
(3) by adding at the end the following:
``(c) Guidelines.--The President shall promulgate and maintain
guidelines to assist Governors in requesting the declaration of an
emergency in advance of a natural or man-made emergency (including for
the purpose of seeking assistance with special needs and other
evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under
which such requests are likely to be approved.''.
SEC. 202. NATIONAL DISASTER RECOVERY STRATEGY.
(a) In General.--The Administrator, in coordination with the
Secretary of Housing and Urban Development, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of the Treasury, the Administrator
of the Small Business Administration, and State and local government
officials (including through the National Advisory Council) shall
develop, coordinate, and maintain a National Disaster Recovery
Strategy.
(b) Contents.--The National Disaster Recovery Strategy shall--
(1) outline the most efficient and cost effective Federal
programs that will meet the short-term and long-term recovery
needs of States, local governments, and individuals affected by
a major disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each Federal department or agency that may
be of assistance in providing assistance in the recovery from a
major disaster;
(3) promote the use of the most appropriate and cost-
effective building materials (based on the hazards present in
an area) in any area affected by a major disaster, with the
goal of encouraging the construction of disaster-resistant
buildings; and
(4) describe in detail the programs that will be offered by
the departments and agencies described in paragraph (2),
including--
(A) discussing funding issues;
(B) detailing how responsibilities under the
National Disaster Recovery Strategy will be shared; and
(C) addressing other matters concerning the
cooperative effort to provide recovery assistance.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, and on May 1 of every year thereafter, the Administrator
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report describing in detail the National
Disaster Recovery Strategy and any additional authorities necessary to
implement any portion of the National Disaster Recovery Strategy.
SEC. 203. MITIGATION.
(a) In General.--Section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165) is amended--
(1) in subsection (a), by inserting ``or man-made'' after
``natural''; and
(2) by striking subsection (c)(1) and inserting the
following:
``(1) identify the natural and man-made hazards, risks, and
vulnerabilities of areas in the State which substantially
increase the risk of damage, hardship, loss, or suffering in
the event of an emergency or major disaster;''.
(b) Hazard Mitigation.--The second sentence of section 404(a) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c(a)) is amended by inserting ``or man-made'' after
``natural''.
SEC. 204. DISASTER HOUSING STRATEGY.
(a) In General.--The Administrator, in coordination with the
Secretary of Housing and Urban Development and State and local
government officials (including through the National Advisory Council)
shall develop, coordinate, and maintain a National Disaster Housing
Strategy.
(b) Contents.--The National Disaster Housing Strategy shall--
(1) outline the most efficient and cost effective Federal
programs that will best meet the short-term and long-term
housing needs of individuals and households affected by a major
disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each entity in providing housing assistance
in the event of a major disaster, including--
(A) the Agency;
(B) the Department of Housing and Urban
Development;
(C) the Department of Agriculture;
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human Services;
(F) any other Federal agency that may provide
housing assistance in the event of a major disaster;
(G) the American Red Cross; and
(H) State and local governments;
(3) describe in detail the programs that will be offered by
the entities described in paragraph (2), including--
(A) outlining any funding issues;
(B) detailing how responsibilities under the
National Disaster Housing Strategy will be shared; and
(C) addressing other matters concerning the
cooperative effort to provide housing assistance during
a major disaster;
(4) consider methods through which housing assistance can
be provided to individuals and households where employment and
other resources for living are available;
(5) describe programs directed to meet the needs of special
needs and low income populations;
(6) describe plans for the operation of clusters of housing
provided to individuals and households, including access to
public services, site management, security, and site density;
and
(7) describe any additional authorities necessary to carry
out any portion of the strategy.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, and on May 1 of every year thereafter, the Administrator
shall submit to the Committee on Homeland Security and Governmental
Affairs and the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing in detail the National Disaster Housing Strategy,
including programs directed to meeting the needs of special needs
populations.
SEC. 205. ESSENTIAL SERVICES.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 425. ESSENTIAL SERVICE PROVIDERS.
``(a) Definition.--In this section, the term `essential service
provider' means an entity that--
``(1) provides--
``(A) telecommunications service;
``(B) electrical power;
``(C) natural gas;
``(D) water and sewer services; or
``(E) any other essential service, as determined by
the President;
``(2) is--
``(A) a municipal entity;
``(B) a nonprofit entity; or
``(C) a private, for-profit entity; and
``(3) is contributing to efforts to respond to an emergency
or major disaster.
``(b) Authorization.--In an emergency or major disaster, the
President may use Federal equipment, supplies, facilities, personnel,
and other non-monetary resources to assist an essential service
provider, in exchange for reasonable compensation.
``(c) Compensation.--
``(1) In general.--The President shall, by regulation,
establish a mechanism to set reasonable compensation to the
Federal Government for the provision of assistance under
subsection (b).
``(2) Criteria.--The mechanism established under paragraph
(1)-
``(A) shall reflect the cost to the Government (or
if this is not readily obtainable, the full market
value under the applicable circumstances) for
assistance provided under subsection (b) in setting
compensation;
``(B) shall have, to the maximum degree feasible,
streamlined procedures for determining compensation;
and
``(C) may, at the President's discretion, be based
on a good faith estimate of cost to the Government
rather than an actual accounting of costs.
``(3) Periodic review.--The President shall periodically
review, and if necessary revise, the regulations established
under paragraphs (1) and (2) to ensure that these regulations
result in full compensation to the Government for transferred
resources. Such reviews shall occur not less frequently than
once every 2 years, and the results of such reviews shall be
reported to the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.''.
SEC. 206. HAZARD MITIGATION GRANT PROGRAM FORMULA.
The third sentence of section 404(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended by striking ``7.5 percent'' and inserting ``15 percent for
amounts not more than $2,000,000,000, 10 percent for amounts of more
than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent
on amounts of more than $10,000,000,000 and not more than
$35,333,000,000''.
SEC. 207. HOUSING ASSISTANCE.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) Consent of individual or household.--
``(A) In general.--Notwithstanding paragraph (2),
the President shall seek the consent of each individual
or household before providing such individual or
household with a direct housing assistance option.
``(B) Rejection of direct housing assistance.--If
an individual or household does not provide consent
under subparagraph (A), such individual or household
shall remain eligible for any other assistance
available under this section.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Temporary housing'' and inserting
``Housing''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``housing units'' and inserting ``semi-
permanent, or permanent housing
units''; and
(II) in clause (iii), by striking
``housing unit'' and inserting ``semi-
permanent, or permanent housing unit'';
and
(B) in paragraph (4)--
(i) by inserting ``or semi-permanent''
after ``permanent'';
(ii) by striking ``insular''; and
(iii) by striking ``remote''; and
(3) in subsection (d)(2)(B)(ii)--
(A) by striking ``sole''; and
(B) by inserting ``or for other purposes that
further the public good'' after ``major disasters and
emergencies''.
SEC. 208. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
(1) by striking paragraph (2)(C); and
(2) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 209. COORDINATING OFFICERS.
Section 302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) serve as a primary point of contact for, and provide
situational awareness to, the Secretary of Homeland
Security.''; and
(2) by adding after subsection (c) the following:
``(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion
of the President, may appoint a single Federal coordinating officer for
the entire affected area, and may appoint such deputy Federal
coordinating officers to assist the Federal coordinating officer as the
President determines appropriate.''.
SEC. 210. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (2)--
(A) by striking ``catastrophe'' and inserting
``disaster''; and
(B) by striking ``or, regardless of cause, any
fire, flood, or explosion, in any part of the United
States, which in the determination of the President
causes damage'' and inserting ``any fire, flood, or
explosion (regardless of cause), any act of domestic
terrorism or international terrorism (as those terms
are defined in section 2331 of title 18, United States
Code), any outbreak of infectious disease, or any
chemical release, in any part of the United States,
which in the determination of the President causes
damage (including from erosion)'';
(2) in paragraph (9), by inserting ``(including museums,
zoos, performing arts facilities, community centers, libraries,
homeless shelters, senior citizen centers, rehabilitation
facilities, shelter workshops, and facilities that provide
health and safety services of a governmental nature)'' after
``general public'';
(3) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) Individual with a disability.--The term `individual
with a disability' means an individual with a disability as
defined in section 3(2) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102(2)).''.
SEC. 211. CATASTROPHIC DAMAGE ASSISTANCE.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended--
(1) by redesignating title VII as title VIII;
(2) by redesignating sections 701 through 705 as
subsections 801 through 805, respectively; and
(3) by inserting after title VI, the following:
``TITLE VII--CATASTROPHIC DAMAGE ASSISTANCE
``SEC. 701. PROCEDURES FOR CATASTROPHIC DAMAGES DETERMINATIONS.
``(a) In General.--Following a declaration of a major disaster, if
a damage assessment indicates that damages qualify as catastrophic, the
President may provide, in addition to other relief available under this
Act, the assistance provided for in this title or alter the assistance
available under this Act as described in this title.
``(b) Regulations.--The President shall promulgate regulations
establishing a threshold for a catastrophic damages determination that
greatly exceeds the threshold for the declaration of a major disaster
and which include consideration of--
``(1) the dollar amount per capita of damage to the State,
its political subdivisions, or a region;
``(2) the impact on the ability of the State, its political
subdivisions, or regions to perform response and recovery
activities and to provide basic services to citizenry;
``(3) the estimated impact of revenue loss to the State,
its political subdivisions, or a region;
``(4) the number of individuals and households displaced
from their predisaster residences by the event;
``(5) the severity of loss of housing stock, utility
services, and alternative living accommodations;
``(6) the severity of the impact on employment rates in the
State, its political subdivisions, or a region;
``(7) the anticipated length and difficulty of the recovery
process; and
``(8) other factors that the President determines relevant.
``SEC. 702. CATASTROPHIC DAMAGES.
``(a) In General.--
``(1) Types of assistance.--In the event of a catastrophic
damages determination under section 701, the President may
provide to an individual or household any type of assistance
authorized under section 408 in the event of a major disaster.
``(2) Terms.--Except as provided in subsection (b),
assistance under paragraph (1) shall be provided on the same
terms and conditions as under section 408.
``(b) Maximum Amount; Federal Share.--
``(1) Maximum amount.--The President may increase the
maximum amount of assistance under subsection (a)(1), up to an
amount equal to not more than twice the maximum amount
authorized under section 408(h).
``(2) Federal share.--The President may increase the
Federal share of the costs eligible to be paid for using
assistance provided under subsection (a)(1) to not more than--
``(A) 100 percent for assistance provided under
section 408(g)(2) during the 3-month period beginning
on the date on which the President declared the major
disaster; and
``(B) 90 percent for assistance provided under
section 408(g)(2) during the period beginning on the
day after the date described in subparagraph (A) and
ending on the date that is 9 months after the date on
which the President declared the major disaster.
``SEC. 703. MORTGAGE AND RENTAL ASSISTANCE.
``(a) Eligible Person.--In this section, the term `eligible person'
means an individual or household that--
``(1) resides in the predisaster primary residence of such
individual or household;
``(2) has experienced a loss of at least 20 percent of the
predisaster income of such individual or household as a result
of a major disaster;
``(3) has a rent or mortgage payment that constitutes at
least 25 percent of the postdisaster income of such individual
or household; and
``(4) as a result of financial hardship caused by the
incident determined to have caused catastrophic damage, is
subject to--
``(A) dispossession or eviction from the residence
of the individual or household; or
``(B) foreclosure of a mortgage or lien or
termination of a lease entered into before the date on
which the incident determined to have caused
catastrophic damage was declared.
``(b) Assistance.--The President may provide assistance to eligible
persons to make mortgage or rental payments.
``(c) Limitations.--Assistance under subsection (b) shall be
included against the assistance limitation under section 702(b)(1).
Such assistance shall be provided as an alternative to other housing
assistance described in sections 408(b) and 702(a).
``(d) Promulgation of Rules and Verification Requirements.--Not
later than 120 days after the date of enactment of the Post-Katrina
Emergency Management Reform Act of 2006, the President shall promulgate
rules and issue verification requirements, documents, and procedures to
administer the program authorized under this section.
``(e) Period of Assistance.--The President may not provide
assistance to an individual or household under subsection (b) for more
than 12 months during the 18-month period beginning on the date of the
declaration of the incident determined to have caused catastrophic
damages by the President.
``SEC. 704. DISASTER UNEMPLOYMENT ASSISTANCE.
``(a) In General.--The President may provide to an individual
unemployed as a result of a major disaster causing catastrophic damages
as determined under section 701(a), any assistance authorized under
section 410 in the event of a major disaster for the period authorized
under subsection (b).
``(b) Duration of Assistance.--The President may provide assistance
to an individual under subsection (a) for not more than 39 weeks after
the date on which the President declared the major disaster that
resulted in the unemployment of that individual.
``SEC. 705. COMMUNITY DISASTER LOAN PROGRAM.
``(a) In General.--Except as provided in subsection (b), the
President may provide to a local government located in an area that the
President has determined has suffered catastrophic damages from a major
disaster any assistance authorized under section 417 in the event of a
major disaster.
``(b) Maximum Amount and Use of Funds.--
``(1) Maximum amount.--In providing assistance under
subsection (a), the President may waive the limitations under
section 417(b) on the maximum amount of a loan under section
417, except that a loan under this section may not exceed 50
percent of the annual operating budget of that local government
for the fiscal year of that local government in which the major
disaster determined to have caused catastrophic damages occurs.
The President may establish additional criteria for eligibility
for assistance provided in excess of the limitation under
section 417(b) in order to ensure that the additional
assistance is awarded to those jurisdictions most impacted by
the major disaster determined to have caused catastrophic
damages.
``(2) Use of funds.--The President may authorize a local
government receiving assistance under subsection (a) to use
that assistance for salaries, including overtime, of employees
of that local government.
``SEC. 706. REIMBURSEMENT FOR PURCHASES.
``(a) Definitions.--In this section:
``(1) Disaster period.--The term `disaster period' means,
with respect to any State that includes an area for which a
major disaster has been declared in accordance with section
401, the period beginning on the earliest date on which any
area of the State was so declared and ending on the latest date
for which any such declaration of an area of the State
terminates.
``(2) Survivor.--The term `survivor' means an individual
who--
``(A) resides in an area for which a major disaster
determined to have caused catastrophic damages has been
declared in accordance with section 401; or
``(B) resided in an area described in subparagraph
(A) during the 7 days immediately preceding the date of
declaration of a major disaster described in
subparagraph (A).
``(b) Reimbursement.--
``(1) In general.--Notwithstanding any other provision of
law, the President may reimburse a community for each purchase
of supplies (such as food, personal hygiene products, linens,
and clothing) distributed to survivors. The Federal share of
such assistance shall be 90 percent.
``(2) Eligible purchases.--Reimbursement under paragraph
(1) shall be available only with respect to supplies that--
``(A) are purchased with government funds; and
``(B) would otherwise be eligible for reimbursement
if purchased by a survivor.
``(c) Period of Applicability.--This section and the authority
provided by this section apply only to a community assisting survivors
from a State during the disaster period of the State.
``SEC. 707. LONG-TERM RECOVERY OFFICES.
``The President may establish and operate long-term recovery
offices in any area in which the President has declared a major
disaster causing catastrophic damages, as determined under section
701(a).''.
SEC. 212. INDIVIDUALS WITH DISABILITIES.
(a) Guidelines.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall develop guidelines to accommodate
individuals with disabilities, which shall include guidelines for--
(1) the accessibility of, and communications and programs
in, shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations,
including first aid stations, mass feeding areas, portable
payphone stations, portable toilets, and temporary housing.
(b) Nondiscrimination in Disaster Assistance.--Section 308(a) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5151(a)) is amended by inserting ``disability,'' after ``age,''.
(c) Essential Assistance.--Section 403(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is
amended--
(1) in paragraph (2), by inserting ``durable medical
equipment,'' after ``medicine''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``durable
medical equipment,'' after ``medicine'';
(B) in subparagraph (H), by striking ``and'' at the
end;
(C) in subparagraph (I), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(J) provision of rescue, care, shelter, and
essential needs--
``(i) to individuals with household pets
and service animals; and
``(ii) to such pets and animals.''.
(d) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(e)(1)(A)(ii) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)(ii)) is amended by
inserting ``disability accessibility requirements,'' after
``specifications''.
(e) Federal Assistance to Individuals and Households.--Section 408
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) is amended--
(1) in subsection (b)(1), by inserting ``, or with respect
to individuals with disabilities, rendered inaccessible or
uninhabitable,'' after ``uninhabitable''; and
(2) in subsection (d)(1)(A)--
(A) in clause (i), by striking ``and'' after the
semicolon;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) meets the physical accessibility
requirements for individuals with disabilities;
and''.
(f) Emergency Public Transportation.--Section 419 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5186)
is amended by adding at the end the following: ``The President shall
ensure to the maximum extent practicable that temporary public
transportation services under this section are planned, designed, and
carried out to meet the needs of individuals with disabilities and
others with special needs.''.
(g) Exercises.--The Administrator shall include individuals with
disabilities in preparedness and planning activities.
SEC. 213. DISABILITY COORDINATOR.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
is amended by inserting after section 302 the following:
``SEC. 302A. DISABILITY COORDINATOR.
``(a) In General.--After consultation with organizations
representing individuals with disabilities and the Interagency
Coordinating Council on Preparedness and Individuals with Disabilities
established under Executive Order 13347 (6 U.S.C. 312 note), the
Administrator of the Federal Emergency Management Agency shall appoint
a Disability Coordinator. The Disability Coordinator shall report
directly to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in emergency
preparedness and disaster relief.
``(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
``(1) providing guidance and coordination on matters
related to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a major
disaster;
``(2) interacting directly with the staff of the Federal
Emergency Management Agency, the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities
established under Executive Order No. 13347 (6 U.S.C. 312
note), other agencies of the Federal Government, and State and
local government authorities regarding the needs of individuals
with disabilities in emergency planning requirements and relief
efforts in the event of a major disaster;
``(3) consulting with organizations that represent the
interests and rights of individuals with disabilities about the
needs of individuals with disabilities in emergency planning
requirements and relief efforts in the event of a major
disaster;
``(4) coordinating and disseminating best practices and
model evacuation plans for individuals with disabilities;
``(5) developing a curriculum for training of emergency
response providers (as that term is defined in section 102 of
the Homeland Security Act of 2002 (6 U.S.C. 101)) on the needs
of individuals with disabilities, including the needs of
individuals with physical disabilities and the needs of
individuals with psychiatric disabilities;
``(6) developing training materials for State and local
governmental officials, emergency response providers, and
others about the importance of allowing individuals with
disabilities to retain their durable medical equipment,
wheelchairs, service animals, and other assistive devices, to
the maximum extent possible, in the aftermath of a major
disaster;
``(7) working with the Director of the Centers for Medicare
and Medicaid Services, durable medical equipment regional
carriers, manufacturers and suppliers of durable medical
equipment, and medical professionals to draft an emergency
response plan for the temporary loan or replacement of durable
medical equipment in the event of a major disaster;
``(8) ensuring the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(9) working with the Chairman of the Federal
Communications Commission to ensure that video programming
distributors, including broadcasters, cable operators, and
satellite television services, make emergency information
accessible to individuals with hearing and vision disabilities;
``(10) coordinating the availability of accessible
transportation options for individuals with disabilities in the
event of an evacuation;
``(11) providing guidance and implementing policies to
ensure that the rights and wishes of individuals with
disabilities regarding post-evacuation residency and relocation
are respected;
``(12) ensuring that meeting the needs of individuals with
disabilities are included in any Federal emergency response
plans; and
``(13) any other duties relevant to emergency preparedness
and response for individuals with disabilities.''.
SEC. 214. ACCESSIBLE HOUSING.
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by adding
at the end the following--
``(iv) Accessibility.--
``(I) In general.--Not less than 7
percent of the total housing units
provided under this subparagraph for a
major disaster shall be made accessible
for persons with mobility impairments.
Not less than an additional 2 percent
of such units shall be made accessible
for persons with hearing or vision
impairments. Not less than 1 percent of
such units shall be made accessible for
persons with mobility and hearing or
vision impairments.
``(II) Increases.--Any State, local
government, or Federal agency may
request an increase in the percentage
under subclause (I), based upon
demonstration of a need for a higher
percentage, based on census data or
other available data on the location of
people with disabilities, or in
response to evidence of a need for
higher percentage or number received in
any other manner. In reviewing a
request under this subclause, or
otherwise assessing the existence of
such needs, the President shall take
into account the expected needs of
eligible persons with and without
disabilities.''.
SEC. 215. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a national study regarding whether, and, if so, to what extent,
emergency shelters for use in response to a major disaster are
accessible to, and usable by, individuals with disabilities.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report to the Committee on Homeland Security and Governmental Affairs
and the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Homeland Security and the Committee on
Education and the Workforce of the House of Representatives summarizing
the results of the study conducted under subsection (a).
SEC. 216. REUNIFICATION.
(a) Definitions.--In this section:
(1) Child locator center.--The term ``Child Locator
Center'' means the National Emergency Child Locator Center
established under subsection (c).
(2) Declared event.--The term ``declared event'' means a
major disaster or emergency.
(3) Displaced adult.--The term ``displaced adult'' means an
individual 21 years of age or older who is displaced from the
habitual residence of that individual as a result of a declared
event.
(4) Displaced child.--The term ``displaced child'' means an
individual under 21 years of age who is displaced from the
habitual residence of that individual as a result of a declared
event.
(b) National Emergency Child Locator Center.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the Attorney General of the United States, shall establish
within the National Center for Missing and Exploited Children
the National Emergency Child Locator Center. In establishing
the National Emergency Child Locator Center, the Administrator
shall establish procedures to make all relevant information
available to the National Emergency Child Locator Center in a
timely manner to facilitate the expeditious identification and
reunification of children with their families.
(2) Purposes.--The purposes of the Child Locator Center are
to--
(A) enable individuals to provide to the Child
Locator Center the name of and other identifying
information about a displaced child or a displaced
adult who may have information about the location of a
displaced child;
(B) enable individuals to receive information about
other sources of information about displaced children
and displaced adults; and
(C) assist law enforcement in locating displaced
children.
(3) Responsibilities and duties.--The responsibilities and
duties of the Child Locator Center are to--
(A) establish a toll-free telephone number to
receive reports of displaced children and information
about displaced adults that may assist in locating
displaced children;
(B) create a website to provide information about
displaced children;
(C) deploy its staff to the location of a declared
event to gather information about displaced children;
(D) assist in the reunification of displaced
children with their families;
(E) provide information to the public about
additional resources for disaster assistance;
(F) work in partnership with Federal, State, and
local law enforcement agencies;
(G) provide technical assistance in locating
displaced children;
(H) share information on displaced children and
displaced adults with governmental agencies and
nongovernmental organizations providing disaster
assistance;
(I) use its resources to gather information about
displaced children;
(J) refer reports of displaced adults to--
(i) an entity designated by the Attorney
General to provide technical assistance in
locating displaced adults; and
(ii) the National Emergency Family Registry
and Locator System as defined under section
217(a); and
(K) enter into cooperative agreements with Federal
and State agencies and other organizations such as the
American Red Cross as necessary to implement the
mission of the Child Locator Center; and
(L) develop an emergency response plan to prepare
for the activation of the Child Locator Center.
(c) Conforming Amendments.--Section 403(1) of the Missing
Children's Assistance Act (42 U.S.C. 5772(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (B) the following:
``(C) the individual is an individual under 21
years of age who is displaced from the habitual
residence of that individual as a result of an
emergency or major disaster (as those terms are defined
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122)).''.
(d) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee on
Homeland Security and the Committee on Energy and Commerce of the House
of Representatives a report describing in detail the status of the
Child Locator Center, including funding issues and any difficulties or
issues in establishing the Center or completing the cooperative
agreements described under section 216(b)(3)(K).
SEC. 217. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR SYSTEM.
(a) Definitions.--In this section--
(1) the term ``displaced individual'' means an individual
displaced by an emergency or major disaster; and
(2) the term ``National Emergency Family Registry and
Locator System'' means the National Emergency Family Registry
and Locator System established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a National
Emergency Family Registry and Locator System to help reunify families
separated after an emergency or major disaster.
(c) Operation of System.--The National Emergency Family Registry
and Locator System shall--
(1) allow a displaced adult to voluntarily register (and
allow an adult that is the parent or guardian of a displaced
child to register such child), by submitting personal
information to be entered into a database (such as the name,
current location of residence, and any other relevant
information that could be used by others seeking to locate that
individual);
(2) include a means of providing information submitted
under paragraph (1) to individuals named by a displaced
individual and to law enforcement officials;
(3) be accessible through the Internet and through a toll-
free number, to receive reports of displaced individuals; and
(4) include a means of referring displaced children to the
National Emergency Child Locator Center established under
section 216.
(d) Publication of Information.--Not later than 210 days after the
date of enactment of this Act, the Administrator shall establish a
mechanism to inform the public about the National Emergency Family
Registry and Locator System and its potential usefulness for assisting
to reunite displaced individuals with their families.
(e) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter a memorandum of
understanding with the Department of Justice, the National Center for
Missing and Exploited Children, the Department of Health and Human
Services, and the American Red Cross and other relevant private
organizations that will enhance the sharing of information to
facilitate reuniting displaced individuals with their families.
(f) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report describing
in detail the status of the National Emergency Family Registry and
Locator System, including any difficulties or issues in establishing
the System, including funding issues.
SEC. 218. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) Shared Households.--
(1) In general.--Section 408(b)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(b)(1)) is amended--
(A) by striking ``The President may'' and inserting
the following:
``(A) In general.--The President may''; and
(B) by adding at the end the following:
``(B) Shared households.--
``(i) Definition.--In this subparagraph,
the term `member of the predisaster household'
means an individual who was a member of the
predisaster household of the individual or a
member of the predisaster household seeking
assistance, as the case may be.
``(ii) Eligibility for shared households.--
The President may not deny assistance to an
individual or household under this section
because a member of the predisaster household
has already received assistance under this
section, if the individual or household seeking
assistance--
``(I) has evacuated the predisaster
residence of that individual or
household and who for good cause, as
determined by the President, resides in
a different location than a member of
the predisaster household who has
already received assistance under this
section;
``(II) is a victim of domestic
violence, as defined under section
40002(a)(6) of the Violence Against
Women Act of 1994 (42 U.S.C.
13925(a)(6)) and, in order to protect
the safety of such individual or
because of family or household break up
or divorce, resides in a different
residence than the member of the
predisaster household who has already
received assistance under this section;
or
``(III) has other good cause, as
determined by the President, for
maintaining a separate household from
the member of the predisaster household
who has already received assistance
under this section.
``(iii) Determination of victim of domestic
violence.--In determining whether someone is a
victim of domestic violence for purposes of
clause (ii)(II), the President shall consider
all credible evidence.''.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the President shall issue regulations to
carry out the amendments made by this subsection.
(b) Utility Costs and Fair Market Rent.--Section 408(c)(1)(A) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(A)) is amended--
(1) in clause (i), by adding at the end the following:
``Such assistance may include the payment of the cost of
utilities, excluding telephone service.'';
(2) in clause (ii), by inserting ``security deposits,''
after ``hookups,''; and
(3) by adding at the end the following:
``(iii) Adjustments to amount.--
``(I) In general.--The President
shall provide assistance under clause
(i) in an amount up to 120 percent of
fair market rent plus the costs
described in clause (ii) if the
President determines that, as a result
of rental market changes caused by the
major disaster and its consequences,
the fair market rent does not
accurately reflect the reasonable cost
of rental units available to
individuals and households receiving
assistance under clause (i). The
President may provide assistance over
120 percent of fair market rent if the
President determines that due to
extraordinary circumstances a higher
percentage is necessary. The President
shall publicly announce any adjustment
to the fair market rent in accordance
with this subsection.
``(II) Persons with disabilities.--
The President shall adjust the amount
of assistance under clause (i) if the
President deems such adjustment
necessary to accommodate the special
housing needs of an individual with
disabilities, as that term is as
defined in section 3(2) of the
Americans with Disabilities Act of 1990
(42 U.S.C. 12102(2)).
``(iv) Definition.--In this subparagraph,
the term `fair market rent' means the rent
(including utilities, except telephone
service), as determined by the Department of
Housing and Urban Development, for units of
varying sizes (by number of bedrooms), that
must be paid in the market area to rent
privately-owned, existing, decent, safe, and
sanitary rental housing of modest (non-luxury)
nature with suitable amenities.''.
(c) Guidance on Housing Assistance.--Section 408(c) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(c)) is amended by adding at the end the following:
``(5) Public guidance on housing assistance.--
``(A) In general.--The President shall issue public
guidance in simple terms explaining--
``(i) all types of housing assistance
available under this Act to individuals and
households affected by a major disaster;
``(ii) the specific requirements that
individuals and households shall meet to be
eligible for different types of housing
assistance under this Act, including
requirements for continuation of housing
assistance provided;
``(iii) procedures for applying for such
assistance;
``(iv) any relevant local condition; and
``(v) any modifications of previously
announced policies or procedures.
``(B) Form of issuing guidance.--The President
shall--
``(i) post the guidance described in
subparagraph (A) on the website of the Federal
Emergency Management Agency;
``(ii) provide a copy of the guidance
described in subparagraph (A) to any individual
or household who requests housing assistance;
and
``(iii) take other reasonable steps to
ensure that the guidance described in
subparagraph (A) is freely accessible to the
public.
``(C) Accessibility.--The guidance under
subparagraph (A) shall be issued in formats that may be
understood by individuals with--
``(i) vison impairments;
``(ii) limited English proficiency; and
``(iii) other special needs.
``(D) Revisions.--Any revisions to the guidance
described in subparagraph (A) shall be publicized as
described in subparagraph (B).
``(E) Deadline.--Not later than 5 days after
declaring a major disaster, the President shall
publicize the guidance described in this section and
any local modifications. The President shall also
publicize any subsequent modifications to the policy
guidance described in this section not later than 2
days after the date of any such modification.''.
SEC. 219. MENTAL HEALTH SERVICES.
(a) In General.--Section 416 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5183) is amended--
(1) by inserting ``and substance abuse'' after
``counseling'';
(2) by inserting ``or prevent'' after ``relieve'';
(3) by inserting ``or substance abuse'' after ``mental
health''; and
(4) by inserting ``or identified mental health conditions
or disorders'' after ``problems''.
(b) Response Plan.--Not later than 180 days after the date of
enactment of this Act, the Substance Abuse and Mental Health Services
Administration and other Federal agencies providing mental health or
substance abuse services, in coordination with the Administrator and
State and local government officials with responsibilities for
providing mental health or substance abuse prevention and services,
shall--
(1) conduct a survey of mental health or substance abuse
services and any applicable support services available to
individuals affected by major disasters and to emergency
response providers responding to major disasters; and
(2) develop a strategy for the adequate provision of mental
health and substance abuse services to individuals affected by
major disasters and to emergency response providers responding
to major disasters.
SEC. 220. DISASTER RELATED INFORMATION SERVICES.
(a) Definition.--In this section--
(1) the term ``documents'' includes--
(A) emergency notifications, public broadcasts,
flyers, brochures, applications, and letters containing
important information regarding assistance authorized
to be provided by the President under this Act, and the
amendments made by this Act;
(B) notices pertaining to the reduction, denial, or
termination of services or benefits under this Act, and
the amendments made by this Act, including the right to
appeal such actions; and
(C) notices of the availability of free language
services and other outreach materials;
(2) the term ``appropriate population segments'' includes
groups comprising a substantial portion of limited English
proficient individuals in the area for which the President
declares a major disaster; and
(3) the term ``individuals with limited English
proficiency'' means individuals who do not speak English as
their primary language and who have a limited ability to read,
write, speak, or understand English.
(b) Reasonable Steps To Communicate With People With Limited
English Proficiency or Individuals With Disabilities.--In carrying out
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
the President shall--
(1) ensure that all Federal entities that provide
assistance under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended by this Act, maintain, on
a continuing and updated basis, the capability to administer
competent interpretation and translation services;
(2) consult all available data and communicate with State
and local governments and relevant non-governmental
organizations for the purposes of--
(A) identifying individuals with limited English
proficiency; and
(B) including such individuals in disaster
preparedness planning;
(3) direct all Federal agencies to implement disaster
relief assistance under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act by providing to appropriate
population segments, in a timely manner, competent
interpretation services and translated documents;
(4) provide documents to individuals with disabilities or
other special needs in formats they can understand;
(5) ensure that translated documents are provided to
organizations that could assist with their distribution to
affected population segments;
(6) have available for activation disaster assistance
employees sufficient to comply with paragraphs (1), (2), (3),
and (4); and
(7) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for State
and local governments in providing disaster and emergency
related services.
(c) Technical Assistance for Development of Plans and Programs.--
Section 201(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131(b)) is amended by inserting ``with and
without English proficiency, disabilities, or other special needs''
after ``to individuals''.
SEC. 221. STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS
OPERATIONAL PLANS.
(a) Standards.--
(1) In general.--Section 613 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b)
is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the
following:
``(g) Standards for State and Local Emergency Preparedness Plans.--
In approving standards for State and local emergency preparedness plans
under subsection (b)(3), the Administrator shall ensure that such plans
take into account the needs of individuals with special needs and
requirements as described in section 611(f) and individuals with pets
as described in section 611(g).''.
(2) Plan requirements.--Section 613(b)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196b(b)(3)) is amended by inserting before the
semicolon ``, in consultation with State and local government
officials''.
(b) Planning for Special Needs and Individuals With Pets.--Section
611 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196) is amended--
(1) by redesignating subsections (f) through (k) as
subsections (h) through (m); and
(2) by inserting after subsection (e) the following:
``(f) The Administrator of the Federal Emergency Management Agency,
shall take appropriate actions to ensure that each State, in its
Homeland Security Strategy or other homeland security plan, provides
detailed and comprehensive predisaster and postdisaster plans for
individuals with special needs and their care givers, including
individuals with disabilities and individuals with chronic diseases,
including those with service animals, individuals with limited English
proficiency, children, and the elderly, including plans for medical
care, evacuations and sheltering. The Administrator shall also ensure
that such plans address the evacuation planning needs of those unable
to evacuate themselves, including those individuals with low-income or
without access to private transportation and those requiring
specialized transportation because of medical conditions.
``(g) The Administrator of the Federal Emergency Management Agency
shall take appropriate actions to ensure that State and local emergency
preparedness, evacuation, and sheltering plans take into account the
needs of individuals with household pets prior to, during, and
following a major disaster or emergency.''.
(c) Assistance to States and Local Authorities.--Section 611(l)(1)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as redesignated by subsection (b) of this section, is amended by
striking the period at the end of the first sentence and inserting the
following: ``, and the Administrator of the Federal Emergency
Management Agency may provide financial and technical support,
including the services of subject matter experts, such as pediatricians
and geriatricians, on the basis of programs or projects approved by the
Administrator, to States and local governments for the purpose of
developing and implementing plans for individuals with special needs
and requirements, as identified in subsection (f), including
procurement of facilities and medical equipment and supplies for the
care of such individuals, and individuals with pets as identified in
subsection (g), including the procurement, construction, leasing, or
renovating of emergency shelter facilities and materials that will
accommodate individuals with disabilities, individuals with special
needs, and individuals with household pets or service animals.''.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to Congress a
report--
(1) evaluating the adequacy of the plans of the States to
evacuate individuals with special needs and requirements, as
described in section 611(f) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended by subsection
(b) of this section, in emergencies or major disasters that
would warrant their evacuation; and
(2) discussing--
(A) whether the States have the resources necessary
to implement fully their evacuation and sheltering
plans; and
(B) the manner in which the plans of the States are
integrated with the response plans of the Federal
Government for natural and man-made disasters that
would require the evacuation and sheltering of
individuals with special needs.
(e) Training Programs.--Section 611(h)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as redesignated by
subsection (b) of this section is amended by striking subparagraph (A)
and inserting the following:
``(A) conduct or arrange by contract or otherwise,
the training programs for the instruction of emergency
preparedness and response officials and other persons
in the organization, operation and techniques of
emergency preparedness and response, including planning
for and responding to individuals with special
needs;''.
SEC. 222. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT SERVICES TO
INDIVIDUALS AND HOUSEHOLDS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.), as amended by this Act, is
amended by adding at the end the following:
``SEC. 426. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
``The President may provide transportation assistance to relocate
individuals displaced from their predisaster primary residences as a
result of an incident declared under this Act or otherwise transported
from their predisaster primary residences under section 403(a)(3) or
502, to and from alternative locations for short or long-term
accommodation or to return an individual or household to their
predisaster primary residence or alternative location, as determined
necessary by the President.
``SEC. 427. CASE MANAGEMENT SERVICES.
``The President may provide case management services, including
financial assistance, to State or local government agencies or
qualified private organizations to provide such services, to victims of
major disasters to identify and address unmet needs.''.
SEC. 223. NON-FEDERAL ASSISTANCE.
Section 801 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5201), as redesignated by this Act, is
amended--
(1) in subsection (b), by striking the period at the end of
the first sentence and inserting the following: ``including
from foreign organizations and governments.''; and
(2) by adding at the end the following:
``(c) Receipt and Coordination of Gifts From Foreign Sources.--
Notwithstanding the provisions of section 612, the President or the
designee of the President shall coordinate receipt of gifts or
assistance from foreign sources with the Secretary of Defense and the
Secretary of State with regard to--
``(1) the identification of emergency requirements for
which such gifts or assistance are required and appropriate;
and
``(2) procedures for receipt, distribution, and monitoring
of the use of such gifts or assistance.''.
SEC. 224. DISASTER COORDINATION.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall, in consultation with the Secretary of Defense
and the Secretary of State, develop policies and procedures relating to
the effective coordination of disaster assistance from non-Federal
entities, including private and foreign entities and governments, as
provided under section 801 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as redesignated by this Act, including--
(1) coordination with other disaster assistance from the
Federal Government, and State and local governments and other
sources;
(2) identification of requirements for use that are
necessary and appropriate for such assistance;
(3) receipt and distribution of such assistance; and
(4) monitoring to ensure the appropriate use of such
assistance.
SEC. 225. PUBLIC FACILITIES.
Section 406(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)(B)) is amended--
(1) by amending the subparagraph heading to read as
follows: ``Repair, restoration, reconstruction, or replacement
infeasible.--''; and
(2) in the first sentence, by inserting ``or another
condition'' after ``soil instability''.
SEC. 226. VOLUNTEER HOUSING.
The President may make contributions to State or local governments
for expenses associated with housing volunteers who are assisting the
response and recovery efforts in an area affected by a major disaster.
SEC. 227. HOUSING REHABILITATION.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)), as amended by this Act,
is amended--
(1) in paragraph (1)(B)(i), by inserting ``including
existing rental units repaired under paragraph (2)(A)(iii)''
after ``purchase or lease,''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``and''
after the semicolon;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the repair, to a safe and sanitary
condition, of existing rental housing units
that will be used to provide temporary housing
to individuals and households eligible under
paragraph (1).'';
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) Repair of rental housing units.--
``(i) In general.--Funds may be provided to
State and local governments to contract with
owners of private rental housing for purposes
of subparagraph (A)(iii). Such contracts shall
require repaired units to be made available to
individuals and households eligible for
assistance under this part for a period of up
to 18 months at a rent that may not exceed the
rent under paragraph (1)(A)(iii).
``(ii) Competitive selection process.--
Funding to provide assistance under
subparagraph (A)(iii) shall be allocated by the
President or by a State or local government
through a competitive selection process that
considers--
``(I) the amount of funding
required per unit, with preference for
the lowest per unit cost consistent
with other selection priorities;
``(II) the demonstrated ability of
property owners to complete the repairs
and make the housing units available
promptly, and not more than 120 days
after the date of receiving funding;
``(III) whether the property owner
requires a short-term or long-term loan
to complete the repairs, with
preference to owners agreeing to repay
funds loaned upon receipt of insurance
payments for property losses caused by
the disaster; and
``(IV) whether the property owner
is a for profit or nonprofit
organization, with preference given to
nonprofit property owners.''; and
(D) in subparagraph (C), as redesignated by this
paragraph, by--
(i) by striking ``this paragraph'' and
inserting ``clause (i) or (ii) of subparagraph
(A)''; and
(ii) by striking ``can'' and inserting
``cannot''.
SEC. 228. DEBRIS REMOVAL CONTRACTING.
(a) In General.--The Administrator, in consultation with the
Administrator of the Environmental Protection Agency and the Chief of
Engineers of the United States Army Corps of Engineers, shall--
(1) review all regulations and procedures related to
contracting for debris removal and, where appropriate and
practicable, provide additional incentives to recycle debris
cleared from an area in which the President has declared a
major disaster; and
(2) identify any legal or other obstacles to increasing the
amount of debris recycled following a major disaster.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report regarding--
(1) the review and any incentives provided under subsection
(a)(1); and
(2) any obstacles that have been identified under
subsection (a)(2).
SEC. 229. EMERGENCY HOUSING FOR VICTIMS.
(a) Definitions.--In this section--
(1) the term ``authorized placement'' means placing a
covered manufactured home as authorized by subparagraph (A),
(B), or (C) of subsection (b)(1);
(2) the term ``base flood'' means the flood which has a 1
percent chance of being equaled or exceeded in any given year;
(3) the term ``costal high hazard area'' means an area
subject to high velocity waters, including hurricane wave wash
or a tsunami;
(4) the term ``covered civil action'' means a civil action
against the Federal Government (including a civil action
against the Administrator) for damages related to the flooding
of a covered manufactured home that is the subject of an
authorized placement;
(5) the term ``covered individual'' means an individual
displaced by Hurricane Katrina of 2005 or Hurricane Rita of
2005;
(6) the term ``covered manufactured home'' means a
manufactured home purchased by the Authority during the period
beginning on August 1, 2005, and ending on the date of
enactment of this Act;
(7) the term ``flood'' means a general and temporary
condition of partial or complete inundation of normally dry
land areas from--
(A) the overflow of inland or tidal waters; or
(B) the unusual and rapid accumulation or runoff of
surface waters from any source;
(8) the term ``flood plain'' means an area which has a 1
percent chance of being flooded in any given year;
(9) the term ``floodway'' means that portion of the flood
plain which--
(A) provides for the discharge of the base flood so
the cumulative increase in water surface elevation is
no more than 12 inches; and
(B) is effective in carrying flow, within which
this carrying capacity shall be preserved and where the
flood hazard is generally highest; and
(10) the term ``manufactured home'' has the same meaning as
in section 603 of the Manufactured Home Construction and Safety
Standards Act of 1974 (42 U.S.C. 5402).
(b) Use of Manufactured Homes.--
(1) In general.--Except as provided in paragraph (2), and
notwithstanding any other provision of law (including section
9.13 of title 44, Code of Federal Regulations (or any
corresponding similar regulation or ruling)), upon receiving a
request from, or on behalf of, a covered individual, the
Administrator shall place a covered manufactured home--
(A) in a floodway or costal high hazard area;
(B) in a flood plain, without elevating such home
up to the base flood level; or
(C) in a flood plain, without complying with--
(i) the decision-making process required
under section 9.6 of title 44, Code of Federal
Regulations (or any corresponding similar
regulation or ruling); and
(ii) the mitigation requirements under
section 9.11 of title 44, Code of Federal
Regulations (or any corresponding similar
regulation or ruling).
(2) Evacuation plans.--The Administrator may not make an
authorized placement, unless the Administrator has received an
evacuation plan from State or local government officials that
includes the area in which the covered placement will be made.
(3) Types of use.--Any authorized placement shall be used
to house covered individuals.
(4) Promotional materials.--The Administrator shall make
appropriate changes to any promotional materials to reflect,
and otherwise publicize, the authorization in this subsection.
(5) Rule of construction.--Nothing in this subsection shall
be construed to prohibit any other lawful use of a covered
manufactured home.
(c) Liability.--
(1) In general.--If the Administrator makes an authorized
placement, a covered civil action relating to the covered
manufactured home involved in such authorized placement may not
be brought in any Federal or State court.
(2) Notice.--The Administrator shall provide any person to
whom the Administrator provides a covered manufactured home as
part of an authorized placement with written notice of--
(A) the potential risks associated with such
placement; and
(B) the limitations on liability under paragraph
(1).
TITLE III--STAFFING IMPROVEMENTS
SEC. 301. STRATEGIC HUMAN CAPITAL PLAN.
(a) Plan Development.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall develop and submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security and the Committee on
Government Reform of the House of Representatives a strategic human
capital plan to shape and improve the workforce of the Agency.
(b) Contents.--The strategic human capital plan shall include--
(1) a workforce gap analysis, including an assessment of--
(A) the critical skills and competencies that will
be needed in the workforce of the Agency to support the
mission and responsibilities of, and effectively
manage, the Agency during the 10-year period beginning
on the date of enactment of this Act;
(B) the skills and competencies of the workforce of
the Federal Emergency Management Agency on the day
before the date of enactment of this Act and projected
trends in that workforce, based on expected losses due
to retirement and other attrition; and
(C) the staffing levels of each category of
employee, including gaps in the workforce of the
Federal Emergency Management Agency on the day before
the date of enactment of this Act and in the projected
workforce of the Agency that should be addressed to
ensure that the Agency has continued access to the
critical skills and competencies described in
subparagraph (A); and
(2) a plan of action for developing and reshaping the
workforce of the Agency to address the gaps in critical skills
and competencies identified under paragraph (1)(C), including--
(A) specific recruiting and retention goals,
including the use of bonus authority under sections
5753 and 5754 of title 5, United States Code,
(including the program objectives of the Agency to be
achieved through such goals);
(B) specific strategies for developing, training,
deploying, compensating, and motivating and retaining
the Agency workforce and its ability to fulfill the
Agency's mission and responsibilities (including the
program objectives of the Department and the Agency to
be achieved through such strategies);
(C) specific strategies for recruiting individuals
who have served in multiple State agencies with
emergency management responsibilities; and
(D) specific strategies for the development,
training, and coordinated and rapid deployment of the
Surge Capacity Force established by section 304; and
(3) a discussion that--
(A) details the number of employees of the
Department not employed by the Agency serving in the
Surge Capacity Force and the qualifications or
credentials of such individuals;
(B) details the number of individuals not employed
by the Department serving in the Surge Capacity Force
and the qualifications or credentials of such
individuals;
(C) describes the training given to the Surge
Capacity Force during the last year;
(D) states whether the Surge Capacity Force is able
to adequately prepare for, respond to, and recover from
a natural or man-made disaster, including a
catastrophic incident; and
(E) describes any additional authorities or
resources necessary to address any deficiencies in the
Surge Capacity Force.
(c) Annual Updates.--Not later than May 1, 2007, and May 1 of each
year thereafter until 2012, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee on Government
Reform of the House of Representatives an update of the strategic human
capital plan, including an assessment by the Administrator, using
results-oriented performance measures, of the progress of the
Department and the Agency in implementing the strategic human capital
plan.
(d) Comptroller General Review.--
(1) In general.--Not later than 90 days after the
Administrator submits the strategic human capital plan under
subsection (a), the Comptroller General of the United States
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security and the Committee on Government Reform of the
House of Representatives a report evaluating the plan.
(2) Updates.--Not later than 90 days after the
Administrator submits an update of the strategic human capital
plan under subsection (c), the Comptroller General shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security and the
Committee on Government Reform of the House of Representatives
a report evaluating the updated plan.
SEC. 302. CAREER PATHS.
(a) In General.--The Administrator shall--
(1) ensure that appropriate career paths for personnel are
identified, including the education, training, experience, and
assignments necessary for career progression within the Agency;
and
(2) publish information on the career paths described in
paragraph (1).
(b) Education, Training, and Experience.--The Administrator shall
ensure that all personnel of the Agency are provided the opportunity to
acquire the education, training, and experience necessary to qualify
for promotion within the Agency, including, as appropriate, the
opportunity to participate in the Rotation Program established under
section 305.
(c) Policy.--The Administrator shall establish a policy for
assigning Agency personnel to positions that provides for a balance
between--
(1) the need for such personnel to serve in career
enhancing positions; and
(2) the need to require service in a position for
sufficient period of time to provide the stability necessary--
(A) to carry out the duties of that position; and
(B) for responsibility and accountability for
actions taken in that position.
SEC. 303. NATIONAL HOMELAND SECURITY ACADEMY.
(a) Establishment of National Homeland Security Academy.--
(1) In general.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by adding after section
801 the following:
``SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY.
``(a) Establishment.--
``(1) In general.--The Secretary--
``(A) shall establish the National Homeland
Security Academy (referred to in this section as the
`Academy'); and
``(B) shall coordinate with the Administrator of
the General Services Administration to identify and
utilize, to the maximum extent possible, unused Federal
real property for the Academy and if the Secretary
determines that a suitable location cannot be found,
the Secretary may enter into cooperative agreements
with other agencies or entities to utilize space and
provide for the lease of real property for the Academy
or any component of the Academy.
``(2) Composition.--The Academy shall consist of--
``(A) the National Homeland Security Education and
Strategy Center (referred to in this section as the
`Strategy Center') to provide fundamental instruction
and develop a homeland security curriculum focusing
primarily on the Federal Government's overall strategy,
goals, methods, and techniques;
``(B) a communications network capable of
delivering distance learning opportunities, at the
direction of the Strategy Center;
``(C) the programs of the Center for Homeland
Defense and Security located at the Naval Postgraduate
School, and such programs shall be incorporated into
the Academy in a manner to be determined by the
Secretary; and
``(D) the National Homeland Security Education
Network, which--
``(i) shall be composed of representatives
from all of the academies and training centers
within the jurisdiction of the Department;
``(ii) shall work with the Academy to
develop a standardized homeland security
curriculum to be incorporated, as appropriate,
at each academy and training center to ensure
that the focus of the individual centers is
coordinated with the centralized educational
strategies and goals of the Academy; and
``(iii) shall not affect the respective
missions and goals of the participating
academies and training centers.
``(3) Mission.--The mission of the Academy shall be to--
``(A) establish an educational system to--
``(i) cultivate leaders in homeland
security; and
``(ii) ensure that Federal, State, local,
tribal, and private sector officials get the
full range of skills needed to provide robust
homeland security;
``(B) provide strategic education and training to
carry out the missions of the Department of Homeland
Security;
``(C) provide cross-disciplinary and joint
education and training to Federal, State, and local
government officials responsible for the direct
application and execution of vital homeland security
missions; and
``(D) focus primarily on shorter-term classes and
exercises to maximize participation by the homeland
security community.
``(4) Enrollment target.--
``(A) In general.--The Strategy Center shall have
an initial annual enrollment target of 1,000 resident
students, as described in subsection (b)(3)(A).
``(B) Non-resident students.--The enrollment target
under subparagraph (A) does not include non-resident
students, including students who participate in
electronic learning systems.
``(5) Responsibilities.--
``(A) In general.--In addition to providing
traditional course work and hands-on training
exercises, the Academy shall encourage the development
and use of modern technology to ensure that the
training offered at the Academy, and to organizations
and individuals receiving instruction over electronic
learning systems--
``(i) is tailored to the unique needs of
the individuals and groups that need training;
``(ii) efficiently uses such technology;
and
``(iii) translates directly into practical
skills.
``(B) Instructional materials.--The Academy shall
develop instructional requirements for courses related
to its mission that are supported with materials that
are adequately reviewed and continuously updated.
``(C) Certification.--
``(i) In general.--The Academy may
establish certification criteria for students
in areas related to its mission, in
consultation with the Network established under
subsection (e).
``(ii) Recertification.--The criteria
established under clause (i) shall include
requirements for recertification and ensure the
availability of needed assessment tools.
``(D) Information repository.--The Academy shall
provide a repository of approved instructional
materials, instructional software, and other materials
that are easily accessible by participants.
``(E) Communication networks.--The Academy shall
certify, and operate, if necessary, a secure, reliable
communication system capable of delivering
instructional materials to participants at any time and
place.
``(F) Instruction and expertise.--The Academy shall
certify instructors, experts, counselors, and other
individuals who can provide answers and advice to
students over communication systems.
``(6) Strategy center.--
``(A) Responsibilities.--The Strategy Center
shall--
``(i) provide curriculum development and
classroom instruction for resident students
that focus on the strategic goals, methods, and
techniques for homeland security;
``(ii) provide instruction--
``(I) primarily to Federal
employees described under subsection
(b)(3)(A) with homeland security
responsibilities; and
``(II) to small numbers of State
and local government officials and
private individuals; and
``(iii) direct the operation of the
Academy's electronic learning systems.
``(B) Curriculum.--The curriculum taught at the
Strategy Center shall--
``(i) include basic education about
homeland security, the Department, and the
relationship of the directorates within the
Department;
``(ii) include the relationship between the
Department and other Federal, State, and local
agencies with homeland security
responsibilities; and
``(iii) be developed with assistance from
the National Homeland Security Education
Network.
``(b) Administration.--
``(1) Executive director.--The Secretary shall appoint an
Executive Director for the Academy, who shall--
``(A) administer the operations of the Academy;
``(B) establish an Academic Board, to be headed by
the Dean of the Academic Board, appointed under
paragraph (2);
``(C) hire initial staff and faculty, as
appropriate and necessary;
``(D) contract with practitioners and experts, as
appropriate, to supplement academic instruction; and
``(E) make recommendations to the Secretary
regarding long-term staffing and funding levels for the
Academy.
``(2) Dean of the academic board.--The Executive Director
shall appoint, with the approval of the Secretary, a permanent
professor to serve as Dean of the Academic Board and perform
such duties as the Executive Director may prescribe.
``(3) Director of admissions.--The Executive Director shall
appoint, with the approval of the Secretary, a Director of
Admissions, who shall--
``(A) grant admission to the Strategy Center to--
``(i) new employees of the Department, who
have clear homeland security responsibilities;
``(ii) mid-level executive employees of the
Department, including employees that receive
academy or other training, who demonstrate a
need for cross-disciplinary or advanced
education and training and have been endorsed
by the appropriate Under Secretary;
``(iii) other Federal employees with
homeland security responsibilities who have
been endorsed by the head of their agency;
``(iv) State and local employees who--
``(I) demonstrate a clear
responsibility for providing homeland
security; and
``(II) possess the nomination of
the Governor of their State, or head of
the applicable jurisdiction; and
``(v) private sector applicants who
demonstrate a clear responsibility for
providing homeland security, if such applicants
reimburse the Academy for all expenses
associated with their education at the Academy;
``(B) ensure that students from each level of
government and the private sector are included in all
programs and classes, whenever appropriate; and
``(C) perform such duties as the Executive Director
may prescribe.
``(c) Board of Visitors.--
``(1) Establishment.--Before the Academy admits any
students, the Secretary shall establish a Board of Visitors (in
this section referred to as the `Board') to--
``(A) assist in the development of curriculum and
programs at the Academy; and
``(B) recommend the site for the location of the
Strategy Center.
``(2) Membership.--
``(A) Composition.--The Board will be composed of--
``(i) the Secretary, or designee, who shall
serve as chair;
``(ii) the Executive Director of the
Academy, or designee, who shall be a nonvoting
member;
``(iii) the Chairman of the Committee on
Homeland Security and Governmental Affairs of
the Senate, or designee;
``(iv) the Ranking Member of the Committee
on Homeland Security and Governmental Affairs
of the Senate, or designee;
``(v) the Chairman of the Committee on
Homeland Security of the House of
Representatives, or designee;
``(vi) the Ranking Member of the Committee
on Homeland Security of the House of
Representatives, or designee;
``(vii) the Secretary of Health and Human
Services, or designee;
``(viii) the Secretary of Defense, or
designee;
``(ix) the Secretary of Education, or
designee;
``(x) the Secretary of Transportation, or
designee;
``(xi) the Director of the Federal Bureau
of Investigation, or designee;
``(xii) 4 persons, who shall be appointed
by the Secretary for 2-year terms to represent
State and local governments; and
``(xiii) 4 persons, who shall be appointed
by the Secretary for 2-year terms to represent
emergency response providers.
``(B) Prohibition.--Any person described under
subparagraph (A), whose membership on the Board would
create a conflict of interest, shall not serve as a
member of the Board.
``(C) Vacancies.--If a member of the Board dies or
resigns from office, the official who designated the
member shall designate a successor for the unexpired
portion of the term.
``(3) Duties.--
``(A) Academy visits.--The Board shall visit the
Academy not less than annually, and may, with the
approval of the Secretary, make other visits to the
Academy in connection with the duties of the Board or
to consult with the Executive Director of the Academy.
``(B) Inquiries.--The Board shall inquire into the
curriculum, instruction, physical equipment, fiscal
affairs, academic methods, student body composition,
and other matters relating to the Academy that the
Board decides to consider.
``(C) Reports.--
``(i) Annual report.--Not later than 60
days after each annual visit, the Board shall
submit a written report to the Secretary, which
describes its factual findings, and its views
and recommendations pertaining to the Academy.
``(ii) Additional reports.--Any report of a
visit, other than the annual visit, shall, if
approved by a majority of the members of the
Board, be submitted to the Secretary not later
than 60 days after the approval.
``(4) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
``(d) Reports to Congress.--
``(1) Curriculum and attendance.--The Secretary shall
submit an annual report that describes the curriculum of, and
enrollment at, the Academy to--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of the
House of Representatives.
``(2) Feasibility report.--Not later than 1 year after the
establishment of the Academy, the Secretary shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives that--
``(A) recommends an appropriate combination of
students from Federal, State, and local government and
the private sector, and the percentage of costs related
to the education of student groups from Federal, State,
and local government that should be borne by the
Department and borne by the student's home
organization, respectively;
``(B) describes the feasibility of expanding the
Academy in regional offices of the Federal Emergency
Management Agency or other government or university
programs to provide ongoing education and training for
Federal employees with homeland security
responsibilities; and
``(C) describes the feasibility of providing
education for the general public through electronic
learning systems.
``(e) National Homeland Security Education Network.--
``(1) Establishment.--The Executive Director of the Academy
shall establish a National Homeland Security Education Network
(referred to in this section as the `Network'), as described
under subsection (a)(2)(B).
``(2) Membership.--The Network shall be comprised of
representatives from Federal training and certification
organizations, including--
``(A) the National Homeland Security Academy;
``(B) the Office of Grants and Training;
``(C) the National Domestic Preparedness
Consortium;
``(D) the Center for Homeland Defense and Security
at the Naval Postgraduate School;
``(E) the Federal Law Enforcement Training Center,
including all schools or training and education
programs managed or co-located with the Center;
``(F) the Customs and Border Protection Academy;
``(G) the Border Patrol Academy;
``(H) the Bureau of Immigration and Customs
Enforcement Academy;
``(I) the Secret Service Academy;
``(J) the United States Coast Guard Academy,
including all schools within the jurisdiction of the
Coast Guard Academy;
``(K) the Emergency Management Institute;
``(L) the Animal and Plant Health Inspection
Service Training Program;
``(M) the Federal Air Marshal Training Center;
``(N) the National Fire Academy; and
``(O) other relevant training facilities within the
Department.
``(3) Curriculum requirements.--The curriculum and course
work developed as part of the Network shall be incorporated
into the curriculum of the institutions listed under paragraph
(2), as appropriate, to ensure that students at these
institutions understand how their homeland security
responsibilities relate to other homeland security
responsibilities in the Department and other Federal, State,
and local agencies. The training centers and academies listed
under paragraph (2) shall retain their respective missions and
goals.
``(4) Semi-annual meetings.--The Executive Director and the
Dean of the Academic Board shall meet with the Network not less
than once every 6 months to--
``(A) discuss curriculum requirements; and
``(B) coordinate training activities within the
Network.
``(5) Reports.--Not later than 2 years after the date of
enactment of this section, and every 2 years thereafter, the
Network shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives,
which describes the Network's--
``(A) strategy for using advanced instructional
technologies;
``(B) plans for future improvement; and
``(C) success in working with other organizations
in achieving the goals described under subparagraphs
(A) and (B).''.
(2) Technical amendment.--Section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 801 the following:
``Sec. 802. National Homeland Security Academy.''.
(b) State and Local Education and Training Coordinator.--The
Secretary shall appoint a State and Local Education and Training
Coordinator, who shall--
(1) serve as the primary point of contact between Federal,
State, and local training facilities, the National Homeland
Security Academy, and the Agency, in order to--
(A) maximize the ability of the Academy to identify
non-Academy programs that meet specific training goals
and are crucial to the Nation's homeland security
mission; and
(B) assist the Academy in determining where to
direct Federal training funds; and
(2) at least semiannually, conduct meetings with a
coalition of State and local education and training facilities
to--
(A) allow State and local fire, rescue, and law
enforcement training facilities to provide input on
decisions made concerning the training of emergency
response providers; and
(B) increase curriculum coordination between the
Academy and Federal, State, and local facilities.
SEC. 304. SURGE CAPACITY FORCE.
(a) Definition.--In this section, the term ``Surge Capacity Force''
means the Surge Capacity Force established under subsection (b).
(b) Establishment.--
(1) In general.--The Administrator shall establish a Surge
Capacity Force for deployment of individuals to natural or man-
made disasters, including catastrophic incidents.
(2) Employees designated to serve.--The Secretary shall
designate employees of the Department who are not employees of
the Agency and employees of other Federal departments and
agencies, as appropriate, to serve on the Surge Capacity Force.
(c) Capabilities.--The Administrator shall--
(1) include a sufficient number of individuals credentialed
in accordance with section 531 of the Homeland Security Act of
2002, as amended by this Act, that are capable of deploying
rapidly and efficiently after activation to prepare for,
respond to, and recover from a natural or man-made disaster,
including a catastrophic incident; and
(2) include a sufficient number of full-time, highly
trained individuals credentialed in accordance with section 531
of the Homeland Security Act of 2002, as amended by this Act,
to lead and manage the Surge Capacity Force.
(d) Training.--The Administrator shall provide appropriate and
continuous training to individuals serving in the Surge Capacity Force
to ensure such personnel are adequately trained on the Agency's
programs and policies relevant to assistance provided by the Agency as
a result of an emergency or major disaster.
(e) Database.--The Administrator shall establish and maintain a
database regarding the members of the Surge Capacity Force that
includes the skills, qualifications, and disaster management experience
of such members.
(f) Annuitants.--If an individual receiving an annuity from the
Civil Service Retirement and Disability Fund becomes temporarily
reemployed under this section, such annuity shall not be discontinued
on that basis. An individual so reemployed as a Surge Capacity Force
employee shall not be considered an employee for the purposes of
chapter 83 or 84 of title 5, United States Code.
(g) No Impact on Agency Personnel Ceiling.--Surge Capacity Force
members under this section shall not be counted against any personnel
ceiling applicable to the Agency.
(h) Expenses.--The Administrator may provide members of the Surge
Capacity Force with travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, for the
purpose of participating in any training that relates to service as a
member of the Surge Capacity Force.
SEC. 305. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM AT THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Establishment.--
(1) In general.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by inserting after
section 843 the following:
``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish the
Homeland Security Rotation Program (in this section referred to
as the `Rotation Program') for employees of the Department. The
Rotation Program shall use applicable best practices, including
those from the Chief Human Capital Officers Council.
``(2) Goals.--The Rotation Program established by the
Secretary shall--
``(A) be established in accordance with the Human
Capital Strategic Plan of the Department;
``(B) provide middle and senior level employees in
the Department the opportunity to broaden their
knowledge through exposure to other components of the
Department;
``(C) expand the knowledge base of the Department
by providing for rotational assignments of employees to
other components;
``(D) build professional relationships and contacts
among the employees in the Department;
``(E) invigorate the workforce with exciting and
professionally rewarding opportunities;
``(F) incorporate Department human capital
strategic plans and activities, and address critical
human capital deficiencies, recruitment and retention
efforts, and succession planning within the Federal
workforce of the Department; and
``(G) complement and incorporate (but not replace)
rotational programs within the Department in effect on
the date of enactment of this section.
``(3) Administration.--
``(A) In general.--The Chief Human Capital Officer
shall administer the Rotation Program.
``(B) Responsibilities.--The Chief Human Capital
Officer shall--
``(i) provide oversight of the
establishment and implementation of the
Rotation Program;
``(ii) establish a framework that supports
the goals of the Rotation Program and promotes
cross-disciplinary rotational opportunities;
``(iii) establish eligibility for employees
to participate in the Rotation Program and
select participants from employees who apply;
``(iv) establish incentives for employees
to participate in the Rotation Program,
including promotions and employment
preferences;
``(v) ensure that the Rotation Program
provides professional education and training;
``(vi) ensure that the Rotation Program
develops qualified employees and future leaders
with broad-based experience throughout the
Department;
``(vii) provide for greater interaction
among employees in components of the
Department; and
``(viii) coordinate with rotational
programs within the Department in effect on the
date of enactment of this section.
``(4) Allowances, privileges, and benefits.--All
allowances, privileges, rights, seniority, and other benefits
of employees participating in the Rotation Program shall be
preserved.
``(5) Reporting.--Not later than 180 days after the date of
the establishment of the Rotation Program, the Secretary shall
submit a report on the status of the Rotation Program,
including a description of the Rotation Program, the number of
employees participating, and how the Rotation Program is used
in succession planning and leadership development to--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Homeland Security of the
House of Representatives; and
``(C) the Committee on Government Reform of the
House of Representatives.''.
(2) Technical and conforming amendment.--Section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 843 the
following:
``Sec. 844. Homeland Security Rotation Program.''.
SEC. 306. QUARTERLY REPORT ON VACANCY RATE IN EMPLOYEE POSITIONS.
(a) Initial Report.--
(1) In general.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall develop and
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
and the Committee on Government Reform of the House of
Representatives a report on the vacancies in employee positions
of the Agency.
(2) Contents.--The report under this subsection shall
include--
(A) vacancies of each category of employee
position;
(B) the number of applicants for each vacancy for
which public notice has been given;
(C) the length of time that each vacancy has been
pending;
(D) hiring-cycle time for each vacancy that has
been filled; and
(E) a plan for reducing the hiring-cycle time and
reducing the current and anticipated vacancies with
highly-qualified personnel.
(b) Quarterly Updates.--Not later than 3 months after submission of
the initial report, and every 3 months thereafter until 5 years after
the date of enactment of this Act, the Administrator shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security and the Committee on
Government Reform of the House of Representatives an update of the
report under subsection (a), including an assessment by the
Administrator of the progress of the Agency in filling vacant employee
positions of the Agency.
SEC. 307. REPORT BY THE INSPECTOR GENERAL.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Inspector General of the Department of Homeland
Security shall submit a report to Congress evaluating the implications
of the conversion of some portion of the Agency's temporary workforce
into a permanent full-time response workforce or other permanent full-
time positions.
(b) Considerations.--The report under this section shall consider
the appropriateness of taking actions to implement such conversions,
including the feasibility of making such conversions, associated costs,
and likely improvements, if any, to the Agency's ability to respond to
and recover from a natural or man-made disaster, including a
catastrophic incident.
TITLE IV--PLANNING, PREPAREDNESS, AND TRAINING
SEC. 401. DEFINITION.
In this title, the term ``Emergency Support Function Annex'' means
an Emergency Support Function Annex to the National Response Plan.
SEC. 402. EMERGENCY RESPONSE FRAMEWORK.
(a) In General.--The Secretary, acting through the Administrator,
shall employ the National Incident Management System and the National
Response Plan as the framework for emergency response and domestic
incident management.
(b) Use by Federal Agencies.--
(1) National response plan.--The National Response Plan
shall be the governing plan for any Federal involvement or
assistance in a natural or man-made disaster or other Incident
of National Significance declared by the Secretary under the
National Response Plan.
(2) National incident management system.--The National
Incident Management System shall be the incident management
system for any Federal involvement or assistance in a natural
or man-made disaster or other Incident of National Significance
declared by the Secretary under the National Response Plan.
SEC. 403. REVIEW OF THE NATIONAL RESPONSE PLAN.
(a) Review and Revision of Plan.--
(1) In general.--Not later than May 1, 2007, the Secretary,
acting through the Administrator, and in conjunction with the
Federal agencies and nongovernmental organizations that are
signatories to the National Response Plan and with the National
Advisory Council, shall--
(A) conduct a comprehensive review of the adequacy
of the National Response Plan, including incorporating
lessons learned from Hurricane Katrina of 2005; and
(B) revise and update the National Response Plan,
as appropriate, to incorporate the findings of the
review under subparagraph (A) and the changes to the
National Response Plan required under paragraph (2).
(2) Changes required.--The comprehensive review and update
required under paragraph (1) shall ensure the following:
(A) Principal federal official.--
(i) In general.--That the position of
Principal Federal Official under the National
Response Plan is eliminated.
(ii) Chain of command.--That the National
Response Plan provides for a clear chain of
command to lead and coordinate the Federal
response to any natural or man-made disaster.
The chain of the command specified in the
National Response Plan shall provide for a role
for the Administrator consistent with the
Administrator's role as the principal emergency
preparedness and response advisor to the
President, the Homeland Security Council, and
the Secretary under section 512(c)(4) of the
Homeland Security Act of 2002, as amended by
this Act, and the Administrator's
responsibility to manage the response of the
Federal Government to a natural or man-made
disaster under section 513(a)(4) of that Act,
as amended by this Act, and shall provide for a
role for the Federal Coordinating Officer
consistent with the responsibilities under
section 302(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143(b).
(iii) Incidents of national significance
that are not stafford act declarations.--The
President or the Secretary may designate a
Federal coordinating officer for Incidents of
National Significance or other domestic
incidents not considered an emergency or major
disaster. In such cases, the Federal
coordinating officer shall have all the
authorities and responsibilities the Federal
coordinating officer would have under section
302 (b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5143(b)), in addition to any others the
President, the Secretary, or the Administrator
may assign.
(B) Mass care, housing, and human services
emergency support function.--That, in consultation with
the Department of Justice and the Department of Health
and Human Services, the National Response Plan includes
measures to reunify families separated after a major
disaster or catastrophic event, including the location
of missing children, and that the appropriate agency or
nongovernmental organization is assigned timely
responsibility for that task.
(C) Public health and medical emergency support
function.--That, in consultation with the Secretary of
Health and Human Services and other relevant Federal
agencies, the National Response Plan, including any
Emergency Support Function Annex relating to public
health and medical services--
(i) addresses the public health and medical
needs of evacuees, special-needs populations,
and the general population that is affected by
a natural or man-made disaster; and
(ii) assigns and clarifies the
responsibility for mortuary activities.
(D) Search and rescue.--That, in consultation with
the member agencies or departments of the National
Search and Rescue Committee, the National Response
Plan, including Emergency Support Function Annex 9
(relating to urban search and rescue)--
(i) addresses the full range of search and
rescue requirements and environments for
natural and man-made disasters; and
(ii) designates coordinating, primary, and
supporting agencies appropriate to a range of
environments of natural or man-made disasters.
(E) Senior federal law enforcement officer.--That,
in consultation with the Attorney General, the National
Response Plan clearly describes--
(i) the roles and responsibilities of the
Senior Federal Law Enforcement Officer;
(ii) how the roles and responsibilities of
the Senior Federal Law Enforcement Officer
relate to the roles and responsibilities of
other law enforcement entities; and
(iii) how the roles and responsibilities of
the Senior Federal Law Enforcement Officer
relate to the roles and responsibilities of
Federal agencies provided for under Emergency
Support Function Annex 13 of the National
Response Plan (relating to public safety and
security).
(F) Infrastructure protection emergency support
function.--That, in consultation with other Federal
departments and agencies responsible for infrastructure
restoration, the need for an additional emergency
support function annex within the National Response
Plan focused on the identification, protection,
resiliency, and restoration of critical infrastructure
and key resources is considered.
(G) Maritime salvage.--That, in consultation with
the Commandant of the Coast Guard, the Chief of Naval
Operations, and the Chief Engineer of the United States
Army Corps of Engineers, the National Response Plan--
(i) assigns a single Federal agency to
coordinate maritime-salvage needs during a
natural or man-made disaster;
(ii) clarifies the responsibilities of the
coordinating agency assigned under clause (i)
and other Federal agencies relating to maritime
salvage; and
(iii) considers the need for an additional
Emergency Support Function Annex within the
National Response Plan focused on maritime
salvage and wreck removal.
(H) Catastrophic incidents.--The timely completion
of the Catastrophic Incident Supplement to the National
Response Plan, and that the Catastrophic Incident
Supplement effectively addresses response requirements
in the event of a catastrophic incident.
(3) Consultation with state and local governments.--In
reviewing and revising the National Response Plan under
paragraphs (1) and (2), and in making any subsequent
significant revision of the National Response Plan, the
Secretary and the Administrator shall, to the fullest extent
possible, consult with State and local government officials,
including through the National Advisory Council.
(4) Accessibility.--In revising or updating the National
Response Plan under paragraphs (1)(B) and (2), and in any
subsequent revision of the National Response Plan, the
Secretary, acting through the Administrator, shall ensure that
the National Response Plan is written in a manner that provides
clear, unambiguous, and accessible guidance and information,
and whenever possible uses plain English.
(b) Reporting.--
(1) In general.--The Secretary, acting through the
Administrator, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives--
(A) not later than May 1, 2007, a report on the
results of its review under subsection (a), including a
detailed discussion of how the changes to the National
Response Plan described in subsection (a) have been
implemented; and
(B) after May 1, 2007, a copy of any proposed
change, not later than 30 days before the date of
implementing that proposed change to the National
Response Plan.
SEC. 404. PLANNING AND PREPAREDNESS.
(a) In General.--The Secretary, acting through the Administrator,
in conjunction with other Federal departments and agencies with
coordinating, primary, and supporting roles under the National Response
Plan and its annexes, and in consultation with State and local
government officials, including through the National Advisory Council,
shall develop a unified system of strategic and operational plans to
respond effectively to natural or man-made disasters, in support of the
National Response Plan. These plans shall include plans for specific
geographic regions and for specific types of high-risk events, and
shall include, at a minimum, the following elements:
(1) Concepts of operation for appropriate natural and man-
made disasters.
(2) Critical tasks and department and agency
responsibilities, consistent with the National Response Plan
and all its Emergency Support Functions.
(3) Detailed resource and personnel requirements and
sourcing for the accomplishment of critical tasks and
capabilities.
(4) Creation and maintenance of asset inventories by
departments and agencies with Emergency Support Function
responsibilities under the National Response Plan.
(5) Incorporation of deployable interagency headquarters
units, including crisis planning teams, to manage the response
and to ensure unity of effort by all response organizations.
(6) Provision for special needs populations in all
planning.
(b) Catastrophic Planning.--
(1) In general.--In carrying out the requirements of
subsection (a), the Administrator shall develop comprehensive
operational plans to respond to catastrophic incidents.
(2) Contents.--The plans developed under paragraph (1)--
(A) shall include the elements under subsection
(a); and
(B) shall--
(i) be based on specific identified
national and regional risks;
(ii) be developed in conjunction with State
and local government officials and other
relevant Federal departments and agencies;
(iii) provide for the surge capacity
necessary to respond proportionately to the
scale of the event;
(iv) provide, where necessary and
appropriate for the proactive, rapid, and self-
sustaining deployment and integration of
Federal resources and personnel essential to
save lives, prevent suffering, and preserve
property or public health and safety;
(v) address the implementation of the
appropriate means of ensuring continuity of
government and command structures in the
affected area;
(vi) include planning for the emergency
sheltering, accommodation (including details on
feeding, protecting, and managing), relocation,
transportation, placement, and long-term
housing of large populations of displaced
victims in the event of a catastrophic
incident, that includes identifying housing
options in different regions of the country,
site options for temporary, semipermanent, and
permanent housing, and available land and
property that could serve to shelter mass
populations during catastrophic incidents; and
(vii) address the recovery of areas
affected by a catastrophic incident.
(c) Standards and Guidance.--The Secretary, acting through the
Administrator, shall--
(1) provide clear standardization, guidance, and assistance
with planning at the Federal, State, and local government
levels; and
(2) ensure--
(A) a common terminology, approach, and framework
for all strategic and operational planning; and
(B) that planning considers threats, both natural
and man-made.
(d) Planning.--
(1) In general.--Planning under subsections (a) and (b)
shall, at a minimum, address the following matters:
(A) Health and medical.--
(i) In general.--Preparedness and
deployment of health and medical resources,
including clearly defining the responsibility
for logistics, security, and other support
assets, and the ability to track these
resources.
(ii) National disaster medical system.--
With respect to the National Disaster Medical
System, the provision of resources to equip,
staff, and train National Disaster Medical
System teams, transportation, logistics and
communications capabilities, and training and
outreach programs and patient triage and
tracking capabilities.
(B) Human services.--Operational plans for the
expeditious location of missing children and the
reunification of families, to include--
(i) clarification of the role of the
National Center for Missing and Exploited
Children;
(ii) appropriate coordination and
information-sharing between the Agency, the
Department of Justice, the National Center for
Missing and Exploited Children, the Department
of Health and Human Services, the American Red
Cross, other relevant nongovernmental
organizations, and Federal, State, and local
government emergency management and law
enforcement agencies, including the development
of advance cooperative agreements as necessary
to facilitate implementation during response;
and
(iii) appropriate public information
gathering and dissemination mechanisms.
(C) Search and rescue.--In consultation with the
National Search and Rescue Committee, development of a
National Search and Rescue Plan that includes the
search and rescue requirements of a multienvironment
(air, water, or land) disaster, including providing for
a unified coordination structure, asset deployment, a
communications network, and sharing of information with
State and local search and rescue units.
(D) Evacuation.--In coordination with State and
local governments, plans to support mass evacuations in
advance of, or following, a natural or man-made
disaster, that address--
(i) keeping families together throughout
evacuation and sheltering;
(ii) populations lacking the means to
evacuate themselves and individuals with
special needs;
(iii) policies and provisions for
evacuating pets;
(iv) the deployment and employment of
various transportation modes necessary to
expedite mass evacuations, together with
appropriate security escorts;
(v) information and guidance to the public;
and
(vi) short-term and long-term sheltering
following evacuation.
(E) Coordination with department of defense.--In
conjunction with the Department of Defense, including
the United States Northern Command, the United States
Pacific Command, the National Guard Bureau, and the
National Advisory Council, develop plans for military
support of civilian authorities under the National
Response Plan, including--
(i) the coordinated deployment, and the
reception, staging, onward movement, and
integration of appropriate units and personnel
of the regular components and reserve
components of the Armed Forces in response to
natural and man-made disasters;
(ii) the coordination, command, and control
of units and personnel in order to facilitate
and ensure integrated military support for the
response to natural and man-made disasters;
(iii) the identification of response assets
(including helicopters, boats, medical supplies
and personnel, food and water, communications
equipment, and other assets) required for
military support for the response to natural
and man-made disasters, and the development of
procedures and guidelines for the
prepositioning or preassembly of such assets;
(iv) procedures for expedited requests and
approvals of Federal payment for, or Federal
reimbursement of, the costs of the States in
deploying members of the National Guard in
State status;
(v) procedures for coordination between the
Department of Defense and the State governments
to ensure that the military support provided
meets applicable State requirements;
(vi) procedures for identifying units and
personnel of the regular components of the
Armed Forces that have capabilities suitable
for purposes of providing military support to
natural and man-made disasters; and
(vii) military support for the distribution
by the Department and the Agency of basic
commodities in response to a catastrophic
incident.
(F) Use of aerial and remotely sensed imagery.--To
the extent practicable and appropriate, incorporate use
of Department of Defense, National Air and Space
Administration, National Oceanic and Atmospheric
Administration, and commercial aircraft and satellite
remotely sensed imagery to ensure timely situational
awareness throughout the Federal Government in the wake
of a natural or man-made disaster or catastrophic
incident.
(G) Private sector and nongovernmental
organizations.--To the extent possible, and
appropriate, incorporate coordination with and
integration of support from the private sector and
nongovernmental organizations whether in accordance
with, or in the absence of, prior agreements. Planning
shall also incorporate the means to communicate and
coordinate with such entities during response efforts.
(H) Maritime salvage.--In coordination with
Federal, State, or local government agencies that have
or may have maritime salvage responsibilities,
including the United States Coast Guard, the United
States Navy, the Agency, and the United States Army
Corps of Engineers, plans to allow salvage to proceed
in a timely manner during a natural or man-made
disaster and, where appropriate, provide for a national
emergency salvage contract to 1 or more qualified
national salvors that would allow immediate access to
commercial salvage assets.
(I) Disposal of debris.--In coordination with the
United States Army Corps of Engineers, the United
States Environmental Protection Agency and other
agencies with coordinating, primary, and supporting
responsibilities under the National Response Plan's
Public Works and Engineering Emergency Support Function
Annex--
(i) provisions for the safe handling and
sorting of debris to ensure proper
identification and disposal of hazardous
material; and
(ii) provisions for the recycling of debris
where appropriate and practicable.
(e) National and Interagency Preparedness.--The Secretary, acting
through the Administrator, shall ensure the following:
(1) Asset inventory.--In conjunction with the appropriate
Federal agencies and departments with coordinating, primary,
and supporting responsibilities under the National Response
Plan, the development of an inventory of Federal resources,
including assets and personnel with particular skills that are
available for deployment and employment in response to natural
and man-made disasters.
(2) Prescripted mission assignments.--To the extent
practicable and where appropriate, the development of
prescripted mission assignments in conjunction with the
appropriate Federal agencies and departments with coordinating,
primary and supporting responsibilities under the National
Response Plan.
(3) Representation at military commands.--In consultation
with the Department of Defense--
(A) the determination of appropriate
representatives of the Department to the United States
Northern Command and, as appropriate, the United States
Pacific Command; and
(B) the integration of such representatives into
national planning, training, exercising, and responses
to a natural or man-made disaster to promote better
coordination.
(4) Coordination with department of health and human
services.--Not later than March 1, 2007, the Secretary of
Homeland Security and the Secretary of Health and Human
Services shall--
(A) establish a memorandum of understanding
defining the respective roles and responsibilities of
their respective departments in providing for public
health and medical care under the National Response
Plan or in the event that the Secretary of Health and
Human Services declares a public health emergency under
section 319 of the Public Health Service Act (42 U.S.C.
247(d)) and for coordinating their respective
activities in such an event, including deployment,
operational control and resupply of National Disaster
Medical System and Metropolitan Medical Response System
assets; and
(B) create a pilot project for establishing
``special needs registries'' (in which individuals
should voluntarily enroll), which shall include
information regarding an individual's location, medical
needs, transportation needs, mobility, emergency
contact information, and other relevant information and
which emergency and evacuation personnel and
transportation providers would be used in the event of
an emergency to best meet the needs of special needs
individuals and seniors in the community.
(f) Reports.--
(1) In general.--Not later than May 1, 2007, and annually
thereafter until May 1, 2017, the Secretary, acting through the
Administrator, shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives describing all Federal planning and
preparedness efforts relating to the National Response Plan,
including an evaluation of the status of national disaster
planning, particularly for catastrophic incidents.
(2) Initial report.--The initial report submitted under
paragraph (1) shall include findings on the status and progress
in completing the national operational plans described in
subsections (a) through (d) and the preparedness efforts
described in subsection (e) and a description of how the
Administrator used remotely sensed imagery from the departments
and agencies identified in subsection (d)(1)(F) during the
response to Hurricane Katrina of 2005 and how such imagery can
be used during response to future disasters.
SEC. 405. TRAINING AND EXERCISES.
(a) In General.--The Administrator, in conjunction with other
Federal departments and agencies with coordinating, primary, or support
functions under the National Response Plan and, where practicable and
appropriate, with the National Homeland Security Academy and the
National Incident Management System Integration Center, and in
consultation with the National Advisory Council, shall ensure that the
planning and preparedness requirements under section 404 are
effectively trained and exercised to provide for a fully coordinated
national response to natural and man-made disasters.
(b) Requirements.--The training and exercises under subsection (a),
shall at a minimum, include the following:
(1) State and local participation.--With respect to State
and local governments, emergency response providers, and
emergency managers--
(A) incorporate input from State and local
governments, emergency response providers, and
emergency managers in planning and conducting the
national exercises and training under subsection (a);
and
(B) disaster and catastrophic response training and
exercises on the National Response Plan, State disaster
plans, the Catastrophic Incident Annex to the National
Response Plan, and operational plans developed under
section 404.
(2) Federal departments and agencies.--Incorporate all
Federal departments and agencies with any responsibilities
under the National Response Plan, relevant agencies of State
and local governments, and emergency response providers,
including exercises relating to large-scale natural and man-
made disasters, including catastrophic incidents, that simulate
the partial or complete incapacitation of emergency response
providers from State and local government.
(3) Scope.--Programs to address the unique requirements of
various special needs populations.
(4) Surge capacity.--Training on disaster response and
recovery for employees of the Federal Government designated as
part of the surge capacity of the Federal Government, including
disaster assistance employees.
(5) Senior officials.--Training that ensures that senior
level officials from Federal agencies and departments with
responsibilities under the National Response Plan, including
senior military officers and officials with responsibilities
related to mitigation, preparedness, response, and recovery
from a natural or man-made disaster on a national level, are
trained in the National Response Plan, National Incident
Management System, and, as appropriate, the Defense Support to
Civil Authorities mission of the Department of Defense.
(6) Elected officials.--Training for Federal, State, and
local government elected officials regarding the National
Response Plan, National Incident Management System, and, as
appropriate, the Defense Support to Civil Authorities mission
of the Department of Defense.
(7) Implementation of lessons learned.--Procedures for
implementing lessons learned from exercises into disaster
response plans and programs.
(c) Reports.--Not later than May 1, 2007, and annually thereafter
until May 1, 2017, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
regarding the development and implementation of national exercise and
training programs under this section.
SEC. 406. EMERGENCY SUPPORT FUNCTION ASSURANCE PROGRAMS.
(a) Entity Reports and Certification.--Not later than February 1,
2007, and annually thereafter, each agency or entity designated as a
primary or support agency for any emergency support function under the
National Response Plan and annexes thereof shall provide the
coordinating organization for that emergency support function with a
detailed description of its plan to fulfill its responsibilities under
such Plan and annexes, including identification of key personnel and
organizations or offices responsible for such functions, and the
staffing and budget allocated for these purposes for the current year
and staffing and budget needs for the succeeding year. Each such agency
or entity shall include in each such report a certification that the
agency or entity is capable and prepared to fulfill its
responsibilities under such Plan and annexes. If such agency or entity
concludes that the agency or entity is not capable and prepared, the
agency or entity shall submit a remedial plan to the Administrator and
the coordinating organization for the relevant emergency support
function.
(b) Coordinating Organization Reports and Certification.--Each
agency or entity designated as a coordinating agency under the National
Response Plan and annexes thereof shall evaluate plans submitted by the
primary and support agencies or entities under subsection (a). Not
later than March 1, 2007, and annually thereafter, each coordinating
organization for an emergency support function under the National
Response Plan and annexes thereof shall provide the Administrator with
a detailed description of its coordinated plan with primary and support
entities or agencies for the relevant emergency support function to
fulfill its responsibilities under the National Response Plan and
annexes thereof, including identification of key personnel and
organizations or offices responsible for such functions, and the
staffing and budget allocated for these purposes for the current year
and staffing and budget needs for the succeeding year. Each such agency
or entity shall include in each such report a certification that the
coordinating, primary, and support agencies are capable and prepared to
fulfill their responsibilities under such Plan and annexes. If such
agency or entity concludes that the coordinating, primary, or support
agency is not capable and prepared, the agency or entity shall submit a
remedial plan to the Administrator and the coordinating agency for the
relevant emergency support function.
(c) Evaluation and Report to Congress by the Administrator.--
(1) In general.--The Administrator shall ensure that each
agency or entity designated as a coordinating, primary, or
support agency under the National Response Plan and annexes
thereof is capable and prepared to carry out its
responsibilities including appropriate operational plans,
staffing, resources, and training.
(2) Reports.--Not later than June 1, 2007, and annually
thereafter, the Administrator shall submit a report to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives that--
(A) evaluates and verifies the readiness of such
agencies or entities for the purposes under paragraph
(1);
(B) includes an appendix that identifies the level
of funding and staffing each agency or entity has
designated to meet its responsibilities under the
National Response Plan; and
(C) in those cases where the Administrator
determines that an agency or entity is not capable or
prepared to fulfill its responsibilities, identifies
the deficiencies and develops an alternative mechanism
to ensure that the necessary capabilities are in place
to meet the requirements of the plan.
TITLE V--PREVENTION OF FRAUD, WASTE, AND ABUSE
SEC. 501. PROHIBITION ON EXCESSIVE PASS-THROUGH CHARGES.
(a) Regulations Required.--Not later than 120 days after the date
of the enactment of this Act, the Administrator for Federal Procurement
Policy shall prescribe regulations prohibiting excessive pass-through
charges on contracts, subcontracts, or task or delivery orders that are
entered into for or on behalf of an executive agency that are in excess
of the simplified acquisition threshold, as specified in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).
(b) Scope of Regulations.--The regulations prescribed under this
section shall not apply to any firm, fixed-price contract, subcontract,
or task or delivery order that is--
(1) awarded on the basis of adequate price competition; or
(2) for the acquisition of a commercial item, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)).
(c) Definitions.--In this section:
(1) Excessive pass-through charge.--The term ``excessive
pass-through charge'' means a charge by a covered contractor or
subcontractor for overhead or profit on work performed by a
covered lower-tier contractor (other than charges for the
direct costs of managing lower-tier contracts and overhead and
profit based on such direct costs).
(2) Covered contractor.--The term ``covered contractor''
means the following:
(A) A contractor that assigns work accounting for
more than 80 percent of the cost of contract
performance (not including overhead or profit) to
subcontractors.
(B) In the case of a contract providing for the
development or production of a system of systems, a
contractor that assigns work accounting for more than
80 percent of the cost of contract performance (not
including overhead or profit) for any particular system
under such contract to subcontractors.
(3) Covered lower-tier contractor.--The term ``covered
lower-tier contractor'' means the following:
(A) With respect to a covered contractor described
by paragraph (2)(A) in a contract, any lower-tier
subcontractor under such contract.
(B) With respect to a covered contractor described
by paragraph (2)(B) in a contract, any lower-tier
subcontractor on a system under such contract for which
such covered contractor has assigned work accounting
for more than 80 percent of the cost of contract
performance (not including overhead or profit).
(4) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(d) Effective Date.--The regulations prescribed under this section
shall apply to contracts awarded on or after the date that is 120 days
after the date of the enactment of this Act.
(e) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
Congress that--
(1) determines the total number of all contracts and
subcontracts entered into during the 2-year period preceding
the date of enactment of this Act to carry out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act or
relating to Hurricane Katrina of 2005;
(2) determines the number of the contracts and subcontracts
described in paragraph (1) of this subsection to which the
prohibition under subsection (a) would have applied if this
section had been in effect during that 2-year period; and
(3) determines the number of the contracts and subcontracts
described in paragraph (1) of this subsection to which the
prohibition under subsection (a) would have applied if--
(A) this section had been in effect during that 2-
year period; and
(B) the term ``90 percent'' is substituted for the
term ``80 percent'' each place it appears in subsection
(c).
SEC. 502. FRAUD PREVENTION PROGRAMS.
(a) Report.--
(1) Analysis.--The Comptroller General shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report containing an analysis of fraud
prevention programs used by the Department in connection with
assistance programs. The analysis shall assess, among other
relevant issues, the effectiveness of, and adherence to, the
fraud prevention controls used in such programs for
registration and payment processes.
(2) Recommendations.--The report required under this
subsection shall include recommendations for additional fraud
prevention controls, including requiring that data provided by
registrants be validated against other Federal Government or
third-party sources to determine the accuracy of identification
and residence information.
(b) Training.--The Secretary shall conduct training on fraud
awareness for key Department personnel, including contracting officers
and the Surge Capacity Force established under section 304, for the
purpose of preventing fraud in the assistance programs of the
Department.
SEC. 503. CONTINGENCY CONTRACTING CORPS AND REGULATIONS.
(a) Establishment and Purpose.--The Director of the Office of
Management and Budget, in consultation with the heads of other relevant
executive agencies, is authorized to establish and maintain a
Contingency Contracting Corps (in this section referred to as the
``Corps''). The Corps shall be composed of contracting officers of
executive agencies who are trained and available to perform on a
temporary and volunteer basis services necessary to assist agencies
with contracting activities during unplanned events.
(b) Service.--An employee of an executive agency shall receive the
approval of such agency prior to performing services for the Corps
under subsection (a) that reduce substantially the amount of time such
employee is able to perform the normal functions of such employee, and
may perform such services for at least 30 days, but not more than 1
year. An employee performing services for the Corps in accordance with
this subsection shall not be removed from employment as a result of
performing such services.
(c) Continuity of Knowledge.--The Director of the Office of
Management and Budget shall ensure that, as employees rotate through
periods of service with the Corps, the Corps retains information
developed during such periods of service in a useful, complete format
to enable the Corps to effectively carry out the purposes of the Corps.
(d) Training.--Members of the Corps shall receive training on
contingency contracting from the Federal Acquisition Institute or other
appropriate entity. The training shall be provided using available
funds in the Acquisition Workforce Training Fund established under
section 37(h)(3)(A) of the Office of Federal Procurement Policy Act (41
U.S.C. 433(h)(3)(A)).
(e) Contingency Contracting Regulations.--Each member of the Corps
shall--
(1) be provided all necessary forms and regulations in a
portable, electronic format to facilitate compliance with all
relevant laws, including part 18 of the Federal Acquisition
Regulation relating to emergency acquisitions; and
(2) be familiar with such forms and regulations.
SEC. 504. VERIFICATION MEASURES FOR INDIVIDUALS AND HOUSEHOLDS PROGRAM.
Not later than 180 days after the date of the enactment of this
Act, the Administrator shall prescribe regulations--
(1) establishing an identity verification process for the
Individuals and Households Program (in this section referred to
as the ``IHP'') registrants applying via the Internet or by
telephone to provide reasonable assurance that disaster
assistance payments are made only to qualified individuals;
(2) developing procedures to improve the existing review
process of duplicate registrations containing the exact same
social security numbers and to identify the reasons why
registrations flagged as invalid or as potential duplicates
have been overridden and approved for payment;
(3) establishing an address verification process for IHP
registrants applying via the Internet or by telephone to
provide reasonable assurance that disaster assistance payments
are made only to qualified individuals;
(4) establishing procedures for entering into agreements
with other agencies, such as the Social Security
Administration, to periodically authenticate information
contained in the IHP registrations;
(5) establishing procedures to collect duplicate expedited
assistance payments or to offset these amounts against future
payments;
(6) ensuring that distributions of IHP debit cards include
instructions on the proper use of IHP funds, similar to those
instructions provided to recipients of IHP checks and
electronic fund transfers, to prevent improper usage;
(7) ensuring that any systems or processes established
under paragraphs (1) through (6) are fully tested before
implementation for quality assurance; and
(8) providing an expedited and simplified review and appeal
process for IHP registrants whose disaster assistance
applications are denied.
SEC. 505. INFORMATION TECHNOLOGY SYSTEMS.
The Secretary shall ensure that information technology systems used
by the Department have functions to help ensure the validity of claims
for assistance under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), to deter waste,
fraud, and abuse.
SEC. 506. REGISTRY OF DISASTER RESPONSE CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``registry'' means the registry created under
subsection (b); and
(2) the terms ``small business concern'', ``small business
concern owned and controlled by socially and economically
disadvantaged individuals'', ``small business concern owned and
controlled by women'', and ``small business concern owned and
controlled by service-disabled veterans'' have the meanings
given those terms under the Small Business Act (15 U.S.C. 631
et seq.).
(b) Registry.--
(1) In general.--The Administrator shall create a registry
of contractors who are capable of performing debris removal,
distribution of supplies, reconstruction, and other disaster or
emergency relief activities.
(2) Contents.--The registry shall include, for each
business concern--
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the
business concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is--
(i) a small business concern;
(ii) a small business concern owned and
controlled by socially and economically
disadvantaged individuals;
(iii) a small business concern owned and
controlled by women; or
(iv) a small business concern owned and
controlled by service-disabled veterans.
(3) Source of information.--
(A) Submission.--Information maintained in the
registry shall be submitted on a voluntary basis by
business concerns.
(B) Attestation.--Each business concern submitting
information to the registry shall submit--
(i) an attestation that the information is
true; and
(ii) documentation supporting such
attestation.
(C) Verification.--The Administrator shall verify
that the documentation submitted by each business
concern supports the information submitted by that
business concern.
(D) Enforcement penalties for misrepresentation.--
Any business concern that misrepresents the status of
that business concern as a small business concern, a
small business concern owned and controlled by socially
and economically disadvantaged individuals, a small
business concern owned and controlled by women, or a
small business concern owned and controlled by service-
disabled veterans shall be subject to the criminal and
civil provisions of section 1001 of title 18, United
States Code, and sections 3729 through 3733 of title
31, United States Code.
(4) Availability of registry.--The registry shall be made
generally available on the Internet site of the Agency.
(5) Consultation of registry.--As part of the acquisition
planning for contracting for debris removal, distribution of
supplies in a disaster, reconstruction, and other disaster or
emergency relief activities, a Federal agency shall consult the
registry.
SEC. 507. USE OF CERTAIN SUPPLY SCHEDULES.
Section 502(c) of title 40, United States Code, is amended by
striking paragraph (1) and inserting the following:
``(1) In general.--The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for--
``(A) automated data processing equipment
(including firmware), software, supplies, support
equipment, and services (as contained in Federal supply
classification code group 70); and
``(B) procurement of supplies or services to be
used to prepare for or respond to a emergency or major
disaster declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).''.
SEC. 508. USE OF LOCAL FIRMS AND INDIVIDUALS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended by striking section 307 and
inserting the following:
``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.
``(a) Contracts or Agreements With Private Entities.--
``(1) In general.--In the expenditure of Federal funds for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private
organizations, firms, or individuals, preference shall be
given, to the extent feasible and practicable, to those
organizations, firms, and individuals residing or doing
business primarily in the area affected by such major disaster
or emergency.
``(2) Construction.--This subsection shall not be
considered to restrict the use of Department of Defense
resources under this Act in the provision of assistance in a
major disaster.
``(b) Implementation.--
``(1) Contracts not to entities in area.--Any expenditure
of Federal funds for debris clearance, distribution of
supplies, reconstruction, and other major disaster or emergency
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals,
not awarded to an organization, firm, or individual residing or
doing business primarily in the area affected by such major
disaster shall be justified in writing in the contract file.
``(2) Transition.--To the maximum extent feasible and
practicable, taking into consideration cost, schedule, and
performance as significant factors, following the declaration
of an emergency or major disaster, an agency performing
response, relief, and reconstruction activities shall
transition work performed under contracts in effect on the date
on which the President declares the emergency or major disaster
to organizations, firms, and individuals residing or doing
business primarily in any area affected by the major disaster
or emergency.
``(c) Prior Contracts.--Nothing in this section shall be construed
to require any Federal agency to breach or renegotiate any contract in
effect before the occurrence of a major disaster or emergency.''.
SEC. 509. ADVANCE CONTRACTING.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
under paragraph (2) identifying--
(A) recurring disaster response requirements,
including specific goods and services, for which the
Agency is capable of contracting for in advance of
natural or man-made disasters in a cost effective
manner;
(B) recurring disaster response requirements,
including specific goods and services, for which the
Agency can not contract in advance of a natural or man-
made disaster in a cost-effective manner; and
(C) a contracting strategy that maximizes the use
of advance contracts to the extent practical and cost
effective.
(2) Submission.--The report under paragraph (1) shall be
submitted to--
(A) the Committee on Homeland Security and
Governmental Affairs the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(b) Entering Into Contracts.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall enter into 1 or more
contracts through the use of competitive procedures for each type of
goods or services identified under subsection (a)(1)(A), and in
accordance with the contracting strategy identified in subsection
(a)(1)(C). Any contract for goods or services identified in subsection
(a)(1)(A) previously awarded under competitive procedures may be
maintained in fulfilling this requirement. Before entering into any
contract under this subsection, the Administrator shall consider
section 307 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5150), as amended by this Act.
(c) Maintenance of Contracts.--After the date described under
subsection (b), the Administrator shall have the responsibility to
maintain contracts for appropriate levels of goods and services in
accordance with subsection (a)(1)(C).
(d) Report on Contracts Not Using Competitive Procedures.--At the
end of each fiscal quarter, beginning with the first fiscal quarter
occurring at least 90 days after the date of enactment of this Act, the
Administrator shall submit a report on each disaster assistance
contract entered into by the Agency by other than competitive
procedures to--
(1) the Committee on Homeland Security and Governmental
Affairs the Senate; and
(2) the Committee on Homeland Security of the House of
Representatives.
SEC. 510. PURCHASE CARD WASTE ELIMINATION.
(a) Requirement for Guidance.--
(1) Office of management and budget policy guidance.--Not
later than 180 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall
issue guidelines to assist the heads of executive agencies in
improving the management of the use of the Governmentwide
commercial purchase card for making micropurchases. The
Director shall include guidelines on the following matters:
(A) Analysis of purchase card expenditures to
identify opportunities for achieving savings through
micropurchases made in economical volumes.
(B) Negotiation of discount agreements with major
vendors accepting the purchase card.
(C) Establishment of communication programs to
ensure that purchase card holders receive information
pertaining to the availability of discounts, including
programs for the training of purchase card holders on
the availability of discounts.
(D) Assessment of cardholder purchasing practices,
including use of discount agreements.
(E) Collection and dissemination of best practices
and successful strategies for achieving savings in
micropurchases.
(F) Analysis of purchase card expenditures to
identify opportunities for achieving and accurately
measuring fair participation of small business concerns
in micropurchases consistent with the national policy
on small business participation in Federal procurements
set forth in sections 2(a) and 15(g) of the Small
Business Act (15 U.S.C. 631(a) and 644(g)), and
dissemination of best practices for participation of
small business concerns in micropurchases.
(2) General services administration.--The Administrator of
General Services shall--
(A) continue efforts to improve reporting by
financial institutions that issue the Governmentwide
commercial purchase card so that the General Services
Administration has the data needed to identify
opportunities for achieving savings; and
(B) actively pursue point-of-sale discounts with
major vendors accepting the purchase card so that any
Federal Government purchaser using the purchase card
can benefit from such point-of-sale discounts.
(3) Agency reporting requirement.--The senior procurement
executive for each executive agency shall, as directed by the
Director of the Office of Management and Budget, submit to the
Director periodic reports on the actions taken in such
executive agency under the guidelines issued under paragraph
(1).
(4) Congressional oversight.--Not later than December 31 of
the year following the year in which this Act is enacted, and
December 31 of each of the ensuing 3 years, the Director of the
Office of Management and Budget shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives a report summarizing the progress made during
the fiscal year ending in the year in which such report is
due--
(A) in improving the management of the use of the
Governmentwide commercial purchase card for making
micropurchases; and
(B) in achieving savings in micropurchases made
with such card, expressed in terms of average savings
achieved by each executive agency in the use of
discount agreements identified in paragraph (1) and the
total savings achieved Governmentwide.
(5) Definitions.--In this subsection:
(A) The term ``executive agency'' has the meaning
given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
(B) The term ``micropurchase'' means a purchase in
an amount not in excess of the micropurchase threshold,
as defined in section 32 of such Act (41 U.S.C. 428).
(b) Payments to Federal Contractors With Federal Tax Debt.--The
General Services Administration, in conjunction with the Internal
Revenue Service and the Financial Management Service, shall develop
procedures to subject purchase card payments to Federal contractors to
the Federal Payment Levy program.
(c) Reporting of Air Travel by Federal Government Employees.--
(1) Definition.--In this subsection, the term ``executive
agency'' has the meaning given such term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
(2) Annual reports required.--The Administrator of the
General Services shall submit annually to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives a report on all first class and business class
travel by employees of each executive agency undertaken at the
expense of the Federal Government.
(3) Content.--The reports submitted under paragraph (2)
shall include, at a minimum, with respect to each travel by
first class or business class--
(A) the names of each traveler;
(B) the date of travel;
(C) the points of origination and destination;
(D) the cost of the first class or business class
travel; and
(E) the cost difference between such travel and
travel by coach class.
SEC. 511. MANAGEMENT OF PURCHASE CARDS.
(a) Definition.--In this section, the term ``executive agency'' has
the meaning given such term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(b) Required Safeguards and Internal Controls.--The head of each
executive agency that issues and uses purchase cards and convenience
checks shall establish and maintain safeguards and internal controls to
ensure the following:
(1) That there is a record in each executive agency of each
holder of a purchase card issued by the agency for official
use, annotated with the limitations on single transaction and
total credit amounts that are applicable to the use of each
such card by that purchase cardholder.
(2) That each purchase card holder is assigned an approving
official other than the card holder with the authority to
approve or disapprove expenditures.
(3) That the holder of a purchase card and each official
with authority to authorize expenditures charged to the
purchase card are responsible for--
(A) reconciling the charges appearing on each
statement of account for that purchase card with
receipts and other supporting documentation; and
(B) forwarding such reconciliation to the
designated official who certifies the bill for payment
in a timely manner.
(4) That any disputed purchase card charge, and any
discrepancy between a receipt and other supporting
documentation and the purchase card statement of account, is
resolved in the manner prescribed in the applicable
Governmentwide purchase card contract entered into by the
Administrator of General Services.
(5) That payments on purchase card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
(6) That rebates and refunds based on prompt payment on
purchase card accounts are monitored for accuracy and properly
recorded as a receipt to the agency that pays the monthly bill.
(7) That records of each purchase card transaction
(including records on associated contracts, reports, accounts,
and invoices) are retained in accordance with standard
Government policies on the disposition of records.
(8) That periodic reviews are performed to determine
whether each purchase cardholder has a need for the purchase
card.
(9) That appropriate training is provided to each purchase
cardholder and each official with responsibility for overseeing
the use of purchase cards issued by an executive agency.
(10) That the executive agency has specific policies
regarding the number of purchase cards issued by various
organizations and categories of organizations, the credit
limits authorized for various categories of cardholders, and
categories of employees eligible to be issued purchase cards,
and that those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the purchase
cards and to ensure the integrity of purchase cardholders.
(11) That the executive agency utilizes technologies to
prevent or identify fraudulent purchases, including controlling
merchant codes and utilizing statistical machine learning and
pattern recognition technologies that review the risk of every
transaction.
(12) That the executive agency invalidates the purchase
card of each employee who--
(A) ceases to be employed by the agency immediately
upon termination of the employment of the employee; or
(B) transfers to another unit of the agency
immediately upon the transfer of the employee.
(13) That the executive agency takes steps to recover the
cost of any improper or fraudulent purchase made by an
employee, including, as necessary, through salary offsets.
(c) Management of Purchase Cards.--The head of each executive
agency shall prescribe regulations implementing the safeguards and
internal controls in subsection (b). The regulations shall be
consistent with regulations that apply Governmentwide regarding the use
of purchase cards by Government personnel for official purposes.
SEC. 512. GAO REPORT ON COMPLIANCE WITH THE SINGLE AUDIT ACT OF 1984.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress on the compliance
of the Department with the Single Audit Act of 1984 (31 U.S.C. 7501
note), specifically with respect to the management decisions of the
Department during the 2-year period preceding the date of enactment of
this Act relating to the quality of audits of the recipients of grants.
SEC. 513. GAO REPORT ON IMPROPER PAYMENTS.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress on--
(1) the ability of the Department to comply with the
Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)
with respect to disasters similar to Hurricane Katrina of 2005;
and
(2) whether internal controls are in place within the
Department to ensure that the risk of making improper payments
(as defined under section 2(d)(2) of that Act) is not increased
with the need to expend funds quickly in similar disasters.
SEC. 514. GAO REPORT ON CONTRACTS WITH CERTAIN SMALL BUSINESS CONCERNS.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress on the number of
all contracts and subcontracts entered into during the 2-year period
preceding the date of enactment of this Act to carry out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act or relating to
Hurricane Katrina of 2005 between the Department and small business
concerns, small business concerns owned and controlled by socially and
economically disadvantaged individuals, small business concerns owned
and controlled by women, and small business concerns owned and
controlled by service-disabled veterans, as those terms are defined in
the Small Business Act (15 U.S.C. 631 et seq.).
SEC. 515. CHIEF FINANCIAL OFFICER FOR CATASTROPHIC INCIDENTS AND LONG-
TERM RECOVERY OFFICES.
(a) Establishment and Appointment.--In the event of a catastrophic
incident or when the President has elected to establish and operate
long-term recovery offices for any other emergency, the President
shall--
(1) establish an Office of Catastrophic Incident or Long-
term Recovery in the Executive Office of the President (in this
section referred to as the ``Office''); and
(2) appoint a Chief Financial Officer, by and with the
advice and consent of the Senate, to be the head of the Office.
(b) Superseding Provisions.--Any provision of this section that is
inconsistent with any other provision of this Act, the Homeland
Security Act of 2002, or the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, shall apply instead of such other provision
to the extent of the inconsistency.
(c) Qualifications.--The Chief Financial Officer shall--
(1) have the qualifications required under section
901(a)(3) of title 31, United States Code; and
(2) have knowledge of Federal contracting and policymaking
functions.
(d) Authorities and Functions.--
(1) In general.--The Chief Financial Officer shall--
(A) be responsible for the efficient and effective
use of Federal funds in all activities relating to the
recovery from the catastrophic incident or other
emergency;
(B) strive to ensure that--
(i) priority in the distribution of Federal
relief funds is given to individuals and
organizations most in need of financial
assistance; and
(ii) priority in the distribution of
Federal reconstruction funds is given to
business entities that are based in the area of
the catastrophic incident or other emergency or
business entities that hire workers who resided
in that area before the catastrophic incident
or other emergency occurred;
(C) perform risk assessments of all programs and
operations related to recovery from the catastrophic
incident or other emergency and implement internal
controls and program oversight based on risk of waste,
fraud, or abuse;
(D) report directly to the President regarding
financial management matters and activities relating to
the programs and operations of the catastrophic
incident recovery effort or long-term recovery effort;
(E) oversee all financial management activities
relating to the programs and operations of the
catastrophic incident or other emergency recovery
effort;
(F) develop and maintain an integrated accounting
and financial management system, including financial
reporting and internal controls, which--
(i) complies with applicable accounting
principles, standards, and requirements, and
internal control standards;
(ii) complies with such policies and
requirements as may be prescribed by the
Director of the Office of Management and
Budget;
(iii) complies with any other requirements
applicable to such systems; and
(iv) provides for--
(I) complete, reliable, consistent,
and timely information which is
prepared on a uniform basis and which
is responsive to the financial
information needs of the Office;
(II) the development and reporting
of cost information;
(III) the integration of accounting
and budgeting information; and
(IV) the systematic measurement of
performance;
(G) monitor the financial execution of the budget
of Federal agencies relating to recovery from the
catastrophic incident or other emergency in relation to
actual expenditures, and prepare and submit to the
President timely performance reports;
(H) have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material which are the property of Federal agencies, or
which are available to the agencies, and which relate
to programs and operations with respect to which the
Chief Financial Officer has responsibilities;
(I) request such information or assistance as may
be necessary for carrying out the duties and
responsibilities provided by this section from any
Federal, State, or local governmental entity, including
any Chief Financial Officer under section 902 of title
31, United States Code, and, upon receiving such
request, insofar as is practicable and not in
contravention of any law, any such Federal Governmental
entity or Chief Financial Officer under section 902
shall cooperate and furnish such requested information
or assistance;
(J) to the extent and in such amounts as may be
provided in advance by appropriations Acts, be
authorized to--
(i) enter into contracts and other
arrangements with public agencies and with
private persons for the preparation of
financial statements, studies, analyses, and
other services; and
(ii) make such payments as may be necessary
to carry out the provisions of this section;
(K) for purposes of the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note), perform,
in consultation with the Office of Management and
Budget, the functions of the head of an agency for any
activity relating to the recovery from the catastrophic
incident or other emergency that is not currently the
responsibility of the head of an agency under that Act;
and
(L) transmit a report, on a quarterly basis,
regarding any program or activity identified by the
Chief Financial Officer as susceptible to significant
improper payments under section 2(a) of the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note)
to the appropriate inspector general.
(2) Access.--Except as provided in paragraph (1)(H), this
subsection does not provide to the Chief Financial Officer any
access greater than permitted under any other law to records,
reports, audits, reviews, documents, papers, recommendations,
or other material of any Office of Inspector General
established under the Inspector General Act of 1978 (5 U.S.C.
App.).
(3) Coordination of agencies.--In the performance of the
authorities and functions under paragraph (1) by the Chief
Financial Officer the President (or the President's designee)
shall act as the head of the Office and the Chief Financial
Officer shall have management and oversight of all agencies
performing activities relating to the recovery from the
catastrophic incident or other emergency.
(4) Regular reports.--
(A) In general.--Every month the Chief Financial
Officer shall submit a financial report on the
activities for which the Chief Financial Officer has
management and oversight responsibilities to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on Homeland Security of
the House of Representatives;
(iii) the Committees on Appropriations of
the Senate and House of Representatives; and
(iv) the Committee on Government Reform of
the House of Representatives.
(B) Contents.--Each report under this paragraph
shall include the extent to which--
(i) Federal relief funds have been given to
individuals and organizations most in need of
financial assistance;
(ii) Federal reconstruction funds have been
made available to business entities that are
based in the area of the catastrophic incident
or other emergency or business entities that
hire workers who resided in that area before
the catastrophic incident or other emergency
occurred; and
(iii) Federal agencies have made use of
sole source, no-bid or cost-plus contracts.
(C) First report.--The first report under this
paragraph shall include information relating to the
first full month for which a Chief Financial Officer
has been appointed.
(e) Responsibilities of Chief Financial Officers.--Nothing in this
section shall be construed to relieve the responsibilities of any Chief
Financial Officer under section 902 of title 31, United States Code.
(f) Availability of Records.--Upon request to the Chief Financial
Officer, the Office shall make the records of the Office available to
the Inspector General of any Federal agency performing recovery
activities relating to the catastrophic incident or other emergency, or
to any Special Inspector General designated to investigate such
activities, for the purpose of performing the duties of that Inspector
General under the Inspector General Act of 1978 (5 U.S.C. App.).
(g) Reports of the Government Accountability Office.--The
Government Accountability Office shall provide quarterly reports to the
committees described under subsection (d)(4) relating to all activities
and expenditures overseen by the Office, including--
(1) the accuracy of reports submitted by the Chief
Financial Officer to Congress;
(2) the extent to which agencies performing activities
relating to the recovery from the catastrophic incident or
other emergency have made use of sole source, no-bid or cost-
plus contracts;
(3) whether Federal funds expended by State and local
government agencies were spent for their intended use;
(4) the extent to which Federal relief funds have been
distributed to individuals and organizations most affected by
the catastrophic incident or other emergency and Federal
reconstruction funds have been made available to business
entities that are based in the area of the catastrophic
incident or other emergency or business entities that hire
workers who resided in that area before the catastrophic
incident or other emergency occurred; and
(5) the extent to which internal controls to prevent waste,
fraud, or abuse exist in the use of Federal funds relating to
the recovery from the catastrophic incident or other emergency.
(h) Administrative and Support Services.--
(1) In general.--The President shall provide administrative
and support services (including office space) for the Office
and the Chief Financial Officer.
(2) Personnel.--The President shall provide for personnel
for the Office through the detail of Federal employees. Any
Federal employee may be detailed to the Office without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
(j) Termination of Office.--The President shall provide for the
timely termination of any Office of Catastrophic Incident or Long-term
Recovery established under this section and any position of Chief
Financial Officer established under this section.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) for fiscal year 2007--
(A) $249,000,000 for ``Administrative and Regional
Operations''; and
(B) $240,000,000 for ``Readiness, Mitigation,
Response, and Recovery'';
(2) for fiscal year 2008--
(A) $273,900,000 for ``Administrative and Regional
Operations''; and
(B) $264,000,000 for ``Readiness, Mitigation,
Response, and Recovery'';
(3) for fiscal year 2009--
(A) $301,290,000 for ``Administrative and Regional
Operations''; and
(B) $290,400,000 for ``Readiness, Mitigation,
Response, and Recovery''; and
(4) for fiscal year 2010--
(A) $331,419,000 for ``Administrative and Regional
Operations''; and
(B) $319,440,000 for ``Readiness, Mitigation,
Response, and Recovery''.
(b) Communications.--There are authorized to be appropriated--
(1) to carry out section 528 of the Homeland Security Act
of 2002 (as amended by this Act), $4,000,000 for each of fiscal
years 2007 through 2010, and such amounts appropriated under
this section shall remain available for 3 fiscal years after
the date on which such funds are appropriated; and
(2) to carry out section 558 of the Homeland Security Act
of 2002 (as added by this Act)--
(A) $400,000,000 for fiscal year 2007;
(B) $500,000,000 for fiscal year 2008;
(C) $600,000,000 for fiscal year 2009;
(D) $800,000,000 for fiscal year 2010;
(E) $1,000,000,000 for fiscal year 2011; and
(F) such sums as are necessary for each fiscal year
thereafter; and
(3) for the operations of the Office for Emergency
Communications and to carry out subtitle B of title V of the
Homeland Security Act of 2002 except for section 558 (as added
by this Act)--
(A) $127,232,000 for fiscal year 2007;
(B) $126,549,000 for fiscal year 2008;
(C) $125,845,000 for fiscal year 2009;
(D) $125,121,000 for fiscal year 2010; and
(E) such sums as are necessary for each fiscal year
thereafter.
(c) Other Authorizations.--Except as provided in subsections (b)
and (c), there are authorized to be appropriated such sums as are
necessary to carry out this Act, and the amendments made by this Act.
SEC. 602. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take affect on January 1, 2007.
Amend the title so as to read: ``A bill to amend the
Homeland Security Act of 2002 to strengthen and ensure the
efficacy of the Federal Emergency Management Agency, and for
other purposes.''.
Calendar No. 582
109th CONGRESS
2d Session
S. 3721
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish the United
States Emergency Management Authority, and for other purposes.
_______________________________________________________________________
August 3, 2006
Reported with an amendment and an amendment to the title