59–011 

109TH CONGRESS REPT. 109–712 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

NATIONAL EMERGENCY MANAGEMENT REFORM AND 

ENHANCEMENT ACT OF 2006 

NOVEMBER 9, 2006.—Ordered to be printed 

Mr. KING of New York, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 5351] 

together with 

MINORITY VIEWS 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 5351) to amend the Homeland Security Act of 2002 to establish a Directorate of Emergency Management, to codify certain 

existing functions of the Department of Homeland Security, and for 

other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do 

pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 46 

Background and Need for Legislation .................................................................... 46 

Hearings ................................................................................................................... 47 

Committee Consideration ........................................................................................ 50 

Committee Votes ...................................................................................................... 50 

Committee Oversight Findings ............................................................................... 52 

Statement of General Performance Goals and Objectives .................................... 52 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 53 

Congressional Budget Office Estimate ................................................................... 53 

Federal Mandates Statement ................................................................................. 57 

Compliance With House Resolution 1000 .............................................................. 57 

Advisory Committee Statement .............................................................................. 58 

Constitutional Authority Statement ...................................................................... 59 

Applicability to Legislative Branch ........................................................................ 60 

Section-by-Section Analysis of the Legislation ...................................................... 60 


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Changes in Existing Law Made by the Bill, as Reported ..................................... 97 

Minority Views ......................................................................................................... 169 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Emergency Management Reform and Enhancement Act of 2006’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EMERGENCY MANAGEMENT 

Sec. 101. Directorate of Emergency Management. 

Sec. 102. Gulf Coast Long-Term Recovery Office. 

Sec. 103. National Disaster Medical System. 

Sec. 104. Office of Interoperability and Compatibility. 

Sec. 105. Intelligence analysts. 

Sec. 106. Redesignation of Directorate for Information Analysis and Infrastructure Protection. 

Sec. 107. National Academy of Public Administration study on implementation of organizational reforms. 

Sec. 108. GAO reports on an inventory and status of homeland security training. 

Sec. 109. Grants for training and exercises to assist public elementary and secondary schools. 

Sec. 110. Sense of Congress on the Project 25 conformity assessment project. 

Sec. 111. National pandemic influenza exercise. 

Sec. 112. Public-private sector planning and response pilot program. 

Sec. 113. Emergency Management Performance Grants. 

Sec. 114. Definitions. 

Sec. 115. Conforming amendments. 

TITLE II—FRAUD, WASTE, AND ABUSE PREVENTION 

Sec. 201. Fraud, waste, and abuse controls. 

Sec. 202. Assessment and report regarding utilization of Independent Private Sector Inspectors General. 

Sec. 203. Enhanced accountability for Federal assistance. 

Sec. 204. Enhanced information sharing among Federal agencies to prevent fraud, waste, and abuse. 

Sec. 205. Deputy Inspector General for Response and Recovery. 

Sec. 206. Protection of Department of Homeland Security official seal and insignia. 

TITLE I—EMERGENCY MANAGEMENT 

SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT. 

(a) ESTABLISHMENT.—Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 

et seq.) is amended to read as follows: 

‘‘TITLE V—EMERGENCY MANAGEMENT 

‘‘Subtitle A—Directorate of Emergency 

Management 

‘‘SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT. 

‘‘(a) UNDER SECRETARY FOR EMERGENCY MANAGEMENT.—

‘‘(1) IN GENERAL.—There is in the Department a Directorate of Emergency 

Management. The head of the Directorate is the Under Secretary for Emergency 

Management, who shall be appointed by the President, by and with the advice 

and consent of the Senate. 

‘‘(2) QUALIFICATIONS.—The individual appointed as Under Secretary shall possess a demonstrated ability in and knowledge of emergency management and 

homeland security. 

‘‘(3) RESPONSIBILITIES.—The Under Secretary shall assist the Secretary in discharging the responsibilities under section 502. 

‘‘(b) DEPUTY UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND MITIGATION.—

‘‘(1) IN GENERAL.—There is in the Department a Deputy Under Secretary for 

Emergency Preparedness and Mitigation, who shall be appointed by the President, by and with the advice and consent of the Senate. 

‘‘(2) QUALIFICATIONS.—The individual appointed as Deputy Under Secretary 

shall possess a demonstrated ability in and knowledge of emergency preparedness and mitigation. 


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‘‘(3) RESPONSIBILITIES.—The Deputy Under Secretary for Emergency Preparedness and Mitigation shall assist the Under Secretary for Emergency Management in discharging the responsibilities of the Under Secretary. 

‘‘(c) DEPUTY UNDER SECRETARY FOR EMERGENCY RESPONSE AND RECOVERY.—

‘‘(1) IN GENERAL.—There is in the Department a Deputy Under Secretary for 

Emergency Response and Recovery, who shall be appointed by the President, 

by and with the advice and consent of the Senate. 

‘‘(2) QUALIFICATIONS.—The individual appointed as Deputy Under Secretary 

shall possess a demonstrated ability in and knowledge of emergency response 

and recovery. 

‘‘(3) RESPONSIBILITIES.—The Deputy Under Secretary for Emergency Response 

and Recovery shall assist the Under Secretary for Emergency Management in 

discharging the responsibilities of the Under Secretary. 

‘‘(d) ASSISTANT SECRETARIES FOR EMERGENCY MANAGEMENT.—There are in the 

Department the following Assistant Secretaries, who shall be appointed by the 

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

‘‘(1) An Assistant Secretary for Grants and Planning, who shall report directly 

to the Deputy Under Secretary for Emergency Preparedness and Mitigation. 

‘‘(2) An Assistant Secretary for Training and Exercises, who shall report directly to the Deputy Under Secretary for Emergency Preparedness and Mitigation. 

‘‘(3) An Assistant Secretary for Emergency Communications, who shall report 

directly to the Under Secretary for Emergency Management. 

‘‘(4) An Assistant Secretary for Infrastructure Protection, who shall report directly to the Under Secretary for Emergency Management. 

‘‘(5) An Assistant Secretary for Cybersecurity and Telecommunications, who 

shall report directly to the Under Secretary for Emergency Management. 

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

‘‘(a) RESPONSIBILITIES.—Subject to the direction and control of the Secretary, the 

Under Secretary for Emergency Management shall have the primary responsibility 

within the executive branch of Government for preparing for, mitigating against, responding to, and recovering from acts of terrorism, natural disasters, and other 

emergencies. Such responsibilities shall include the following: 

‘‘(1) Serving as the Secretary’s principal advisor on emergency preparedness, 

mitigation, response, and recovery issues. 

‘‘(2) Carrying out all functions and authorities prescribed by the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

‘‘(3) Coordinating the Federal response to acts of terrorism, natural disasters, 

or other emergencies, including coordination of—

‘‘(A) the National Emergency Response Team; 

‘‘(B) the deployment of the Strategic National Stockpile; 

‘‘(C) the National Disaster Medical System; 

‘‘(D) the Nuclear Incident Response Team (when operating as an organizational unit of the Department pursuant to this title); 

‘‘(E) the Metropolitan Medical Response System; 

‘‘(F) the Urban Search and Rescue System; 

‘‘(G) Federal Incident Response Support Teams; 

‘‘(H) Management Support Teams; and 

‘‘(I) the Mobile Emergency Response System. 

‘‘(4) Overseeing and directing all of the activities of the Directorate. 

‘‘(5) Developing for each fiscal year, and submitting directly to the President, 

a prepared budget for the Directorate. 

‘‘(6) Coordinating emergency preparedness, mitigation, response, and recovery 

activities throughout the Department. 

‘‘(7) Leading the development of an integrated national emergency management system. 

‘‘(8) Coordinating preparedness, mitigation, response, and recovery efforts at 

the Federal level. 

‘‘(9) Working with all State, local, tribal, and private sector emergency managers, emergency response providers, and emergency support providers on all 

matters pertaining to acts of terrorism, natural disasters, and other emergencies, including training, exercises, and lessons learned. 

‘‘(10) Implementing national strategies and policies in all matters pertaining 

to emergency management and the protection of critical infrastructure. 

‘‘(11) Establishing priorities for directing, funding, and conducting national 

preparedness programs, activities, and services for preventing, protecting 

against, mitigating against, responding to, and recovering from acts of terrorism, natural disasters, and other emergencies. 


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‘‘(12) Coordinating communications and systems of communications relating 

to homeland security by and between all levels of government. ‘‘(13) Directing and supervising homeland security financial assistance awarded by the Department to State, local, and tribal governments. ‘‘(14) Serving as an advocate for emergency preparedness across all government sectors, the private sector, and the public. ‘‘(15) Helping to ensure the acquisition of operable and interoperable communications capabilities by Federal, State, and local governments and emergency 

response providers. ‘‘(16) Aiding the recovery from acts of terrorism, natural disasters, and other 

emergencies. ‘‘(17) Minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and tribal governments and the private sector. ‘‘(18) Performing such other duties relating to such responsibilities as the Secretary may require. ‘‘(b) FUNCTIONS TRANSFERRED.— ‘‘(1) TRANSFER.—There are transferred to the Under Secretary for Emergency 

Management— ‘‘(A) the functions, personnel, assets, and liabilities of the Federal Emergency Management Agency; and ‘‘(B) the functions, personnel, assets, and liabilities of the Directorate of 

Preparedness. ‘‘(2) RESPONSIBILITIES.—The Under Secretary shall carry out the responsibilities of the Director of the Federal Emergency Management Agency and the responsibilities of the Under Secretary for Preparedness. ‘‘(c) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.—The Secretary shall 

perform the functions of the following entities through the Under Secretary for 

Emergency Management: ‘‘(1) The Integrated Hazard Information System (which the Secretary shall re- name ‘FIRESAT’) of the National Oceanic and Atmospheric Administration. ‘‘(2) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto. ‘‘(3) The Domestic Emergency Response Teams of the Department of Justice, 

including the functions of the Attorney General relating thereto. ‘‘(4) The Office of Emergency Preparedness, the National Disaster Medical 

System, and the Metropolitan Medical Response System of the Department of 

Health and Human Services, including the functions of the Secretary of Health 

and Human Services and the Assistant Secretary for Public Health Emergency 

Preparedness relating thereto. ‘‘(5) The United States Fire Administration and the United States Fire Academy. 

‘‘(d) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual 

Homeland Security Appropriations Act relating to the reprogramming or transfer of 

funds. 

‘‘(e) SUFFICIENCY OF RESOURCES.—The Secretary shall provide to the Under Secretary for Emergency Management the resources and staff necessary to carry out 

the responsibilities of the Directorate of Emergency Management under this section. 

‘‘SEC. 503. PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT. 

‘‘(a) IN GENERAL.—The Under Secretary for Emergency Management shall serve 

as the principal advisor to the President for all matters pertaining to emergency 

management in the United States. 

‘‘(b) CABINET STATUS.—During the effective period of an Incident of National Significance declared by the Secretary under the National Response Plan, the Under 

Secretary for Emergency Management shall serve as a Cabinet Officer for the duration of such Incident of National Significance. 

‘‘(c) APPOINTMENT OF PRINCIPAL FEDERAL OFFICIAL.—Notwithstanding any provision of the National Response Plan or Homeland Security Presidential Directive 5, 

the Secretary, in coordination with the Under Secretary for Emergency Management, shall designate the Principal Federal Official for purposes of the National Response Plan. 

‘‘(d) RETENTION OF AUTHORITY.—Nothing in this section shall be construed as affecting the authority of the Secretary under this Act. 

‘‘SEC. 504. REGIONAL OFFICES. 

‘‘(a) IN GENERAL.—In accordance with section 706, there is in the Directorate a 

Regional Office of Emergency Management for each region of the United States. 

‘‘(b) MANAGEMENT OF REGIONAL OFFICES.—


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‘‘(1) REGIONAL DIRECTOR.—Each Regional Office shall be headed by a Regional 

Director for Emergency Management, who shall be appointed by the Secretary, 

in consultation with State, local, and tribal governments in the region. Except 

as provided in subsection (c)(3), each Regional Director for Emergency Management shall report directly to the Under Secretary for Emergency Management. ‘‘(2) DEPUTY REGIONAL DIRECTOR.—There shall be in each Regional Office a 

Deputy Regional Director for Emergency Management, who shall be appointed 

by the Secretary, in consultation with State, local, and tribal governments in 

the region. The Deputy Regional Director for Emergency Management for a Regional Office shall report directly to the Regional Director for Emergency Management for that Regional Office. ‘‘(3) QUALIFICATIONS.—Each individual appointed as Regional Director or Deputy Regional Director for Emergency Management must possess a demonstrated 

ability in and knowledge of emergency management and possess familiarity 

with the geographical area and demographic characteristics of the population 

served by the Regional Office. ‘‘(c) RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—Subject to the direction and control of the Secretary and 

in consultation with the Regional Advisory Council on Emergency Management 

under subsection (e), each Regional Director for Emergency Management shall 

work in partnership with State, local, and tribal governments, emergency managers, emergency response providers, emergency support providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional 

councils of governments, and regional planning commissions and organizations 

in the geographical area served by the Regional Office to carry out the responsibilities under this section. 

‘‘(2) CORE RESPONSIBILITIES.—The core responsibilities of each Regional Director are as follows: 

‘‘(A) Ensuring coordination and integration of regional preparedness, mitigation, response, and recovery activities and programs, including planning, 

training, exercises, and professional development. 

‘‘(B) Participating in regional emergency management activities. 

‘‘(C) Identifying critical gaps in preparedness and reporting such gaps to 

the Assistant Secretary for Grants and Planning. 

‘‘(D) Identifying critical gaps in critical infrastructure and reporting such 

gaps to the Assistant Secretary for Infrastructure Protection. 

‘‘(E) Organizing, in consultation with the Assistant Secretary for Training 

and Exercises, regional training and exercise programs. 

‘‘(F) Facilitating the dissemination and implementation of lessons learned 

and best practices. 

‘‘(G) Improving general information sharing and other forms of coordination. 

‘‘(H) Encouraging, in coordination with the Director of the Office of Public 

and Community Preparedness, public and community preparedness efforts. 

‘‘(I) Assisting in the development of regional capabilities needed for a national catastrophic response system. 

‘‘(J) Monitoring, in coordination with the Assistant Secretary for Grants 

and Planning, the use of Federal homeland security assistance awarded by 

the Department to State, local, and tribal governments. 

‘‘(K) Pre-identifying Joint Field Office locations in areas with large populations or in areas at high risk to acts of terrorism, natural disasters, or 

other emergencies. 

‘‘(L) Fostering the development of mutual aid and other cooperative 

agreements pertaining to emergency management. 

‘‘(M) Identifying critical gaps in regional capabilities to respond to the 

needs of at-risk communities, as described in section 527(e). 

‘‘(N) Performing such other duties relating to such responsibilities as the 

Secretary may require. 

‘‘(3) INCIDENTS OF NATIONAL SIGNIFICANCE.—

‘‘(A) APPOINTMENT OF REGIONAL DIRECTOR AS PRINCIPAL FEDERAL OFFICIAL

OR FEDERAL COORDINATING OFFICER.—During the effective period of an Incident of National Significance declared by the Secretary under the National 

Response Plan, if the Regional Director is appointed Principal Federal Official or Federal Coordinating Officer, the Deputy Regional Director shall assume the responsibilities of the Regional Director during such incident. 

‘‘(B) RESPONSIBILITIES OF PRINCIPAL FEDERAL OFFICIAL.—In addition to 

the responsibilities of the Principal Federal Official under the National Response Plan, such Official shall, with respect to the Incident of National 

Significance—


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‘‘(i) establish and direct a Joint Field Office and any other coordination structure that is needed for such incident; ‘‘(ii) possess the authority to make any necessary operational decisions, in accordance with existing Federal law, without obtaining approval from the Secretary; ‘‘(iii) coordinate and direct, as appropriate, Federal response assets 

deployed within the operational area; ‘‘(iv) serve as the primary point of contact between the Department, 

the Department of Defense, and States for contingency planning; and ‘‘(v) act as the primary point of contact and situational awareness locally for the Secretary of Homeland Security. ‘‘(d) TRAINING AND EXERCISE REQUIREMENTS.— ‘‘(1) TRAINING.—The Secretary shall require each Regional Director and Deputy Regional Director for Emergency Management to complete Principal Federal 

Officer training not later than 60 days after the date on which the Regional Director or Deputy Regional Director is appointed. In addition, the Secretary shall 

require each Regional Director and Deputy Regional Director to periodically, but 

not less than annually, undergo specific training to complement the qualifications of the Regional Director or Deputy Regional Director. Such training shall 

include training with respect to the National Incident Management System, the 

National Response Plan, and such other subjects as determined by the Secretary. 

‘‘(2) EXERCISES.—The Secretary shall require each Regional Director and Deputy Regional Director for Emergency Management to regularly participate in regional or national exercises. 

‘‘(e) REGIONAL ADVISORY COUNCILS ON EMERGENCY MANAGEMENT.—

‘‘(1) ESTABLISHMENT.—There is in each Regional Office a Regional Advisory 

Council on Emergency Management. Each Advisory Council shall report to the 

Regional Director of the Regional Office. 

‘‘(2) MEMBERSHIP.—

‘‘(A) The Regional Director shall appoint the following members to the 

Advisory Council of that Regional Director’s Regional Office—

‘‘(i) subject matter experts from across the Federal Government, including representatives from the Departments of Defense, Energy, 

Health and Human Services, and Transportation; 

‘‘(ii) subject matter experts from components of the Directorate, including the Offices of Grants and Planning, Training and Exercises, 

Public and Community Preparedness, Infrastructure Protection, Response, and Recovery; 

‘‘(iii) subject matter experts from other components of the Department, including the Coast Guard, United States Customs and Border 

Protection, Immigration and Customs Enforcement, the Transportation 

Security Administration, and the United States Secret Service; 

‘‘(iv) subject matter experts representing emergency managers, emergency response providers, and emergency support providers; and 

‘‘(v) subject matter experts from the private sector, including nongovernmental organizations, educational institutions, social action 

agencies, and faith-based organizations. 

‘‘(B) State, local, and tribal governments within the geographic area 

served by the Regional Office shall appoint officials, including Adjutants 

General and emergency managers, as members of the Advisory Council. 

‘‘(3) TERMS OF OFFICE.—

‘‘(A) IN GENERAL.—The term of office of each member of the Advisory 

Council shall be 3 years. 

‘‘(B) INITIAL APPOINTMENTS.—Of the members initially appointed to the 

Advisory Council—

‘‘(i) one-third shall be appointed for a term of one year; and 

‘‘(ii) one-third shall be appointed for a term of two years. 

‘‘(4) CHAIR.—At the first meeting of the Advisory Council, the members of the 

Advisory Council appointed under paragraph (2) shall elect a chair of the Advisory Council. 

‘‘(5) MEETINGS.—The Advisory Council shall meet at least biannually at the 

call of the chair. Each member shall be given appropriate notice of the call of 

each meeting, whenever possible not less than 15 days before the meeting. 

‘‘(6) REGIONAL FACTORS.—The size and composition of each Advisory Council 

shall be determined by—

‘‘(A) the size of the region associated with the Advisory Council; 

‘‘(B) the propensity of that region to experience natural disasters and 

other emergencies; 


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‘‘(C) the risk of acts of terrorism within the region; and 

‘‘(D) State, local, and tribal preparedness, as measured against the National Preparedness Goal. 

‘‘(7) RESPONSIBILITIES.—The Advisory Council shall carry out the following responsibilities: 

‘‘(A) Advise the Regional Director on emergency management issues specific to that region. 

‘‘(B) Identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might 

make preparedness, mitigation, response, or recovery more complicated or 

difficult. 

‘‘(C) Advise the Regional Director on developing a process of peer review 

for catastrophic emergency plans submitted under section 524. 

‘‘(D) Advise the Regional Director of any weaknesses or deficiencies in 

preparedness, mitigation, response, and recovery for any State, local, or 

tribal government within the region of which the Advisory Council is aware. 

‘‘(E) Assist the Regional Director in establishing a process to secure goods 

and services through coordinated, pre-negotiated contracts by Federal, 

State, local, and tribal governments. 

‘‘(F) Provide recommendations on other matters pertaining to emergency 

management. 

‘‘(G) Provide such advice as the Regional Director requests. 

‘‘(f) COORDINATION.—Each Regional Director for Emergency Management shall coordinate all activities conducted under this section with other Federal departments 

and agencies, and shall not have authority over other agencies of the Department, 

including the Coast Guard, the United States Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, 

or the United States Secret Service. 

‘‘(g) RETENTION OF AUTHORITIES.—

‘‘(1) FEDERAL COORDINATING OFFICER.—Nothing in this section shall be construed as affecting any authority of the Federal Coordinating Officer under the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5201 et seq.). 

‘‘(2) STATE, LOCAL, AND TRIBAL GOVERNMENTS.—Nothing in this section shall 

be construed as limiting the power of State, local, and tribal governments. 

‘‘(h) DEADLINE AND USE OF EXISTING OFFICES.—

‘‘(1) DEADLINE.—The Secretary shall establish the Regional Offices required 

under this section not later than one year after the date of the enactment of 

the National Emergency Management Reform and Enhancement Act of 2006. 

‘‘(2) USE OF EXISTING FIELD OFFICES.—In establishing the Regional Offices required under this section, the Secretary shall, to the extent practicable, co-locate and consolidate field offices of the Department that are in existence as of 

the date of the enactment of such Act. 

‘‘(i) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—

‘‘(1) IN GENERAL.—Notwithstanding section 871(a) and subject to paragraph 

(2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections 

(a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United 

States Code, shall apply to the Advisory Council. 

‘‘(2) TERMINATION.—Section 14(a)(2)(B) of the Federal Advisory Committee 

Act (5 U.S.C. App.) shall not apply to the Advisory Council. 

‘‘SEC. 505. CHIEF MEDICAL OFFICER. 

‘‘(a) IN GENERAL.—There is in the Department a Chief Medical Officer, who shall 

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

The Chief Medical Officer shall report directly to the Under Secretary for Emergency Management. 

‘‘(b) QUALIFICATIONS.—The individual appointed as Chief Medical Officer shall 

possess a demonstrated ability in and knowledge of medicine and public health. 

‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the primary responsibility within the Department for medical issues related to acts of terrorism, natural disasters, and other emergencies, including the following: 

‘‘(1) Serving as the Secretary’s principal advisor on medical and public health 

issues. 

‘‘(2) Coordinating the biosurveillance and detection activities of the Department. 

‘‘(3) Ensuring that decision support tools link biosurveillance and detection information to near real-time response actions at the State, local, and tribal level. 


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‘‘(4) Ensuring internal and external coordination of all medical preparedness 

and response activities of the Department, including training, exercises, and 

equipment support. 

‘‘(5) Serving as the Department’s primary point of contact with the Departments of Agriculture, Defense, Health and Human Services, Transportation, 

and Veterans Affairs, and other Federal departments or agencies, on medical 

and public health issues. 

‘‘(6) Serving as the Department’s primary point of contact with respect to 

medical and public health matters. 

‘‘(7) Discharging, in coordination with the Under Secretary for Science and 

Technology, responsibilities of the Department related to Project Bioshield. 

‘‘(8) Establishing doctrine and priorities for the National Disaster Medical 

System and supervising its medical components, consistent with the National 

Response Plan and the National Incident Management System. 

‘‘(9) Establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National 

Incident Management System. 

‘‘(10) Assessing and monitoring long-term health issues of emergency managers, emergency response providers, and emergency support providers. 

‘‘(11) Developing and updating guidelines for State, local, and tribal governments for medical response plans for chemical, biological, radiological, nuclear, 

or explosive weapon attacks. 

‘‘(12) Identifying, in consultation with the Secretary of Health and Human 

Services, appropriate medical equipment and supplies for inclusion in the force 

packages under the Prepositioned Equipment Program under section 581. 

‘‘(13) Developing, in consultation with the Secretary of Health and Human 

Services, appropriate patient tracking capabilities to execute domestic patient 

movement and evacuations, including a system that has the capacity of electronically maintaining and transmitting the health information of hospital patients. 

‘‘(14) Performing such other duties relating to such responsibilities as the Secretary may require. 

‘‘(d) DEPUTY.—There is in the Department a Deputy Chief Medical Officer, who 

shall be appointed by the Secretary and who shall assist the Chief Medical Officer 

in carrying out the responsibilities under subsection (c). 

‘‘(e) QUALIFICATIONS.—The individual appointed as Deputy Chief Medical Officer 

shall possess a demonstrated ability in and knowledge of medicine and public 

health. 

‘‘(f) LONG-TERM HEALTH ASSESSMENT PROGRAM.—

‘‘(1) IN GENERAL.—The Chief Medical Officer, in consultation with the Director 

of the National Institute for Occupational Safety and Health, shall establish a 

program to assess, monitor, and study the health and safety of emergency managers, emergency response providers, and emergency support providers following Incidents of National Significance declared by the Secretary under the 

National Response Plan. 

‘‘(2) COOPERATIVE AGREEMENTS.—In carrying out the program under this subsection, the Chief Medical Officer shall enter into cooperative agreements, as 

necessary, with medical institutions in the areas affected by such Incidents of 

National Significance. 

‘‘SEC. 506. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM. 

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Chief Medical Officer, 

shall establish a National Biosurveillance Integration System (referred to in this 

section as the ‘NBIS’) to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring 

systems (both national and international) into 1 comprehensive system. 

‘‘(b) REQUIREMENTS.—The NBIS shall be designed to detect, as early as possible, 

a biological event that presents a risk to the United States or the infrastructure or 

key assets of the United States. The NBIS shall—

‘‘(1) consolidate data from all relevant surveillance systems maintained by the 

Department and other governmental and private sources, both foreign and domestic; 

‘‘(2) use an information technology system that uses the best available statistical and other analytical tools to automatically identify and characterize biological events in as close to real-time as possible; and 

‘‘(3) process and protect sensitive data consistent with requirements of applicable privacy laws including the Health Insurance Portability and Accountability Act of 1996. 


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‘‘(c) RESPONSIBILITIES OF THE CHIEF MEDICAL OFFICER.— ‘‘(1) IN GENERAL.—The Chief Medical Officer shall— ‘‘(A) establish an entity to perform all operations and assessments related 

to the NBIS; ‘‘(B) continuously monitor the availability and appropriateness of data 

feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall NBIS performance; ‘‘(C) continuously review and seek to improve the statistical and other analytical methods utilized by NBIS; ‘‘(D) establish a procedure to enable States and local government entities 

to report suspicious events that could warrant further assessments using 

NBIS; ‘‘(E) receive and consider all relevant homeland security information; and 

‘‘(F) provide technical assistance, as appropriate, to all Federal, regional, 

State, and local government entities and private sector entities that contribute data relevant to the operation of NBIS. ‘‘(2) ASSESSMENTS.—The Chief Medical Officer shall— ‘‘(A) continuously evaluate available data for evidence of a biological 

event; and ‘‘(B) integrate homeland security information with NBIS data to provide 

overall situational awareness and determine whether a biological event has 

occurred. 

‘‘(3) INFORMATION SHARING.—The Chief Medical Officer shall—

‘‘(A) in the event that a biological event is detected, notify the Secretary 

and disseminate results of NBIS assessments related to that biological 

event to appropriate Federal, regional, State, and local response entities in 

a timely manner to support decisionmaking; 

‘‘(B) provide reports on NBIS assessments to Federal, regional, State, and 

local governments and any private sector entities, as considered appropriate 

by the Secretary; and 

‘‘(C) use available information sharing networks internal to the Department, as well as those within the intelligence community and operation 

centers, for distributing NBIS incident or situational awareness reports. 

‘‘(d) NOTIFICATION OF CHIEF MEDICAL OFFICER.—The Secretary shall ensure that 

the Chief Medical Officer is notified of any threat of a biological event and receives 

all classified and unclassified reports related to threats of biological events in a 

timely manner. 

‘‘(e) ADMINISTRATIVE AUTHORITIES.—

‘‘(1) HIRING OF EXPERTS.—The Chief Medical Officer shall hire individuals 

with the necessary expertise to develop and operate the NBIS system. 

‘‘(2) DETAIL OF PERSONNEL.—Upon the request of the Chief Medical Officer, 

the head of any Federal department or agency may detail, on a reimbursable 

basis, any of the personnel of that department or agency to the Directorate of 

Emergency Management to assist the Chief Medical Officer in carrying out this 

section. 

‘‘(3) PRIVACY.—The Chief Medical Officer shall ensure all applicable privacy 

regulations are strictly adhered to in the operation of the NBIS and the sharing 

of any information related to the NBIS. 

‘‘(f) JOINT BIOSURVEILLANCE LEADERSHIP COUNCIL.—The Chief Medical Officer 

shall—

‘‘(1) establish an interagency coordination council to facilitate interagency cooperation to advise the Chief Medical Officer on recommendations to enhance 

the biosurveillance capabilities of the Department; and 

‘‘(2) invite officials of Federal agencies that conduct biosurveillance programs, 

including the Department of Health and Human Services, the Department of 

Agriculture, the Environment Protection Agency, and the Department of Defense, to serve on such council. 

‘‘(g) ANNUAL REPORT REQUIRED.—Not later than December 31 of each year, the 

Chief Medical Officer shall submit to Congress a report that contains each of the 

following: 

‘‘(1) A list of departments, agencies, and private or nonprofit entities participating in the NBIS and the data each entity contributes to the NBIS. 

‘‘(2) An implementation plan for the NBIS that includes cost, schedule, and 

key milestones. 

‘‘(3) The status of the implementation of the NBIS. 

‘‘(4) The schedule for obtaining access to any relevant biosurveillance information not compiled in NBIS as of the date on which the report is submitted. 

‘‘(5) A description of the incident reporting or decisionmaking protocols in effect as of the date on which the report is submitted and any changes made to 


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such protocols during the period beginning on the date on which the report for 

the preceding year was submitted and ending on the date on which the report 

is submitted. ‘‘(6) A list of any Federal, State, or local government entities that have direct 

or indirect access to the information that is integrated into the NBIS. ‘‘(h) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—The authority of the 

Chief Medical Officer under this section shall not affect an authority or responsibility of any other department or agency of the Federal Government with respect 

to biosurveillance activities under any program administered by that department or 

agency. ‘‘(i) BIOLOGICAL EVENT.—The term ‘biological event’ means— ‘‘(1) an act of terrorism that uses material of biological origins; or 

‘‘(2) a naturally occurring outbreak of an infectious disease that may affect 

national security. 

‘‘SEC. 507. OFFICE OF STATE, LOCAL, AND TRIBAL GOVERNMENT COORDINATION. 

‘‘(a) ESTABLISHMENT.—There is in the Directorate of Emergency Management an 

Office of State, Local, and Tribal Government Coordination to oversee and coordinate programs of the Directorate for and relationships with national organizations 

representing State, local, and tribal governments. ‘‘(b) DIRECTOR.—The Office shall be headed by a Director, who shall be appointed 

by the Secretary. ‘‘(c) RESPONSIBILITIES.—The Director of the Office of State, Local, and Tribal Government Coordination shall, in consultation with the Regional Directors for Emergency Management appointed under section 504(b), carry out the following responsibilities: ‘‘(1) Coordinating the activities of the Directorate relating to State, local, and 

tribal government. ‘‘(2) Assessing and advocating for the resources needed by State, local, and 

tribal governments to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies. ‘‘(3) Providing State, local, and tribal governments with regular information, 

research, and technical support to assist local efforts in securing the homeland. ‘‘(4) Developing a process for receiving meaningful and timely consultation 

from State, local, and tribal governments to assist in the development of an integrated national emergency management system. ‘‘(5) Scheduling regular meetings with representatives selected by State, local, 

and tribal governments. ‘‘(6) Ensuring the coordination of the planning, reporting, and certification requirements imposed on State, local, and tribal governments by the Directorate, 

identifying duplicative reporting and certification requirements that can be 

eliminated, and determining whether some reports can be used or adapted to 

be used to satisfy multiple reporting obligations. 

‘‘SEC. 508. OFFICE OF NATIONAL CAPITAL REGION COORDINATION. 

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is in the Directorate of Emergency Management the 

Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities 

in the National Capital Region, as defined under section 2674(f)(2) of title 10, 

United States Code. 

‘‘(2) DIRECTOR.—The Office shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report directly to the Under Secretary for Emergency Management. 

‘‘(3) COOPERATION.—The Secretary shall cooperate with the Mayor of the District of Columbia, the Governors of Maryland and Virginia, and other State, 

local, and regional officers in the National Capital Region to integrate the District of Columbia, Maryland, and Virginia into the planning, coordination, and 

execution of the activities of the Federal Government to prevent, prepare for, 

respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies. 

‘‘(b) RESPONSIBILITIES.—The Director of the Office of National Capital Region Coordination shall carry out the following responsibilities: 

‘‘(1) Overseeing and coordinating the activities of the Department relating to 

the National Capital Region, including cooperation with the Office for State, 

Local, and Tribal Government Coordination. 

‘‘(2) Assessing and advocating for the resources needed by State, local, and regional authorities in the National Capital Region to implement efforts to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies. 


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‘‘(3) Providing State, local, and regional authorities in the National Capital 

Region with regular information, research, and technical support to assist the 

efforts of State, local, and regional authorities in the National Capital Region 

in preventing, preparing for, responding to, mitigating against, and recovering 

from acts of terrorism, natural disasters, and other emergencies. 

‘‘(4) Developing a process for receiving meaningful input from State, local, and 

regional authorities and the private sector in the National Capital Region to assist in the development of the homeland security plans and activities of the Federal Government. 

‘‘(5) Coordinating with Federal agencies in the National Capital Region on 

emergency preparedness to ensure adequate planning, information sharing, 

training, and execution of the Federal role in domestic preparedness activities. 

‘‘(6) Coordinating with Federal, State, local, and regional agencies and private 

sector entities in the National Capital Region on emergency preparedness to ensure adequate planning, information sharing, training, and execution of domestic preparedness activities among such agencies and entities. 

‘‘(7) Serving as a liaison between the Federal Government and State, local, 

and regional authorities and private sector entities in the National Capital Region to facilitate access to Federal grants and other programs. 

‘‘(c) ANNUAL REPORT.—The Director shall submit to Congress an annual report 

that includes the following: 

‘‘(1) The identification of any resources required to fully implement homeland 

security efforts in the National Capital Region. 

‘‘(2) An assessment of the progress made by the National Capital Region in 

implementing homeland security efforts. 

‘‘(3) The recommendations of the Director with respect any additional resources needed to fully implement homeland security efforts in the National 

Capital Region. 

‘‘(d) LIMITATION.—Nothing in this section shall be construed as limiting the power 

of any State, local, or tribal government. 

‘‘SEC. 509. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT. 

‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date of the enactment of 

this section, the Secretary shall establish an advisory body pursuant to section 

871(a), to be known as the National Advisory Council on Emergency Management. 

‘‘(b) RESPONSIBILITIES.—The Advisory Council shall assist the Secretary in implementing subsection (c). 

‘‘(c) REQUIREMENT TO REVIEW, REVISE, OR REPLACE CERTAIN DOCUMENTS.—The 

Secretary shall periodically, but not less than biennially, review, revise, or replace—

‘‘(1) the National Response Plan; 

‘‘(2) the National Incident Management System; 

‘‘(3) the National Preparedness Guidance; 

‘‘(4) the National Preparedness Goal; 

‘‘(5) the Targeted Capabilities List; 

‘‘(6) the Universal Task List; 

‘‘(7) the National Infrastructure Protection Plan; 

‘‘(8) the National Planning Scenarios; 

‘‘(9) any successor to any document under any of paragraphs (1) through (8); 

and 

‘‘(10) any other national initiatives on acts of terrorism, natural disasters, and 

other emergencies that affects emergency managers, emergency response providers, and emergency support providers as necessary. 

‘‘(d) REPORT.—

‘‘(1) IN GENERAL.—Not later than one year after the date on which the Advisory Council is established under subsection (a), and not later than every two 

years thereafter, the Advisory Council shall submit to the Secretary a report on 

the recommendations of the Advisory Council for reviewing, revising, or replacing such national initiatives. 

‘‘(2) CONTENTS.—Each report shall—

‘‘(A) include a priority ranking of essential capabilities for emergency preparedness in order to provide guidance to the Secretary and to the Congress 

on determining the appropriate allocation of, and funding levels for, the 

needs of emergency response providers; 

‘‘(B) set forth a methodology by which any State, local, or tribal government will be able to determine the extent to which it possesses or has access to the essential capabilities that State, local, and tribal governments 

having similar risks should obtain; 

‘‘(C) describe the availability of national voluntary consensus standards, 

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ards, with respect to training and equipment for emergency response providers; 

‘‘(D) include such additional matters as the Secretary may specify in 

order to further the emergency preparedness capabilities of emergency response providers; and 

‘‘(E) include such revisions to the contents of previous reports as are necessary to take into account changes in the most current risk assessment 

prepared by and available from the Chief Intelligence Officer and the Assistant Secretary for Infrastructure Protection or other relevant information 

as determined by the Secretary. 

‘‘(3) CONSISTENCY WITH FEDERAL WORKING GROUP.—The Advisory Council 

shall ensure that its recommendations for essential capabilities for emergency 

preparedness are, to the extent feasible, consistent with any preparedness goals 

or recommendations of the Federal working group established under section 

319F(a) of the Public Health Service Act (42 U.S.C. 247d–6(a)). 

‘‘(e) MEMBERSHIP.—

‘‘(1) IN GENERAL.—The Advisory Council shall consist of 30 members appointed by the Secretary, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of emergency 

managers, emergency response providers, and emergency support providers 

from State, local, and tribal governments, including as appropriate—

‘‘(A) members selected from the emergency management and response 

fields, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel; 

‘‘(B) health scientists, emergency and inpatient medical providers, and 

public health professionals, including—

‘‘(i) experts in emergency health care response to chemical, biological, 

radiological, and nuclear terrorism; 

‘‘(ii) experts in providing mental health care during emergency response operations; and 

‘‘(iii) experts in stockpiling medical equipment and supplies and medical logistics; 

‘‘(C) experts from Federal, State, and local governments, and the private 

sector, representing standards-setting organizations, including representation from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness 

and response field; 

‘‘(D) State and local officials with expertise in terrorism preparedness and 

emergency management, including Adjutants General, subject to the condition that if any such official is an elected official representing 1 of the two 

major political parties, an equal number of elected officials shall be selected 

from each such party; and 

‘‘(E) members selected from the emergency support field, including public 

works, utilities, and transportation personnel who are routinely engaged in 

emergency response. 

‘‘(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND HUMAN SERVICES

AND TRANSPORTATION.—In the selection of members of the Advisory Council who 

are health or emergency medical services professionals, the Secretary shall coordinate such selection with the Secretaries of Health and Human Services and 

Transportation. 

‘‘(3) EX OFFICIO MEMBERS.—The Secretary and the Secretary of Health and 

Human Services shall each designate 1 or more officers of their respective Department to serve as ex officio members of the Advisory Council. One of the ex 

officio members from the Department of Homeland Security shall be the designated officer of the Federal Government for purposes of subsection (e) of section 10 of the Federal Advisory Committee Act (5 App. U.S.C.). 

‘‘(4) TERMS OF OFFICE.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term of 

office of each member of the Advisory Council shall be 3 years. 

‘‘(B) INITIAL APPOINTMENTS.—Of the members initially appointed to the 

Advisory Council—

‘‘(i) one-third shall be appointed for a term of one year; and 

‘‘(ii) one-third shall be appointed for a term of two years. 

‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—

‘‘(1) IN GENERAL.—Notwithstanding section 871(a) and subject to paragraph 

(2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections 

(a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United 

States Code, shall apply to the Advisory Council. 


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‘‘(2) TERMINATION.—Section 14(a)(2)(B) of the Federal Advisory Committee 

Act (5 U.S.C. App.) shall not apply to the Advisory Council. 

‘‘SEC. 510. REORGANIZATION OF DIRECTORATE. 

‘‘The Secretary may not allocate or reallocate functions among the officers of the 

Directorate of Emergency Management or establish, consolidate, alter, or discontinue organizational units within the Directorate of Emergency Management 

under the authority of section 872 until the date that is 120 days after the date 

on which the Secretary submits to Congress a report describing the proposed allocation, reallocation, establishment, consolidation, alteration or discontinuance. 

‘‘Subtitle B—Emergency Preparedness 

‘‘SEC. 521. OFFICE OF GRANTS AND PLANNING. 

‘‘(a) IN GENERAL.—There is in the Department an Office of Grants and Planning 

under the authority of the Under Secretary for Emergency Management. 

‘‘(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Grants and Planning. 

‘‘(c) RESPONSIBILITIES.—The Assistant Secretary for Grants and Planning shall 

carry out the following responsibilities: 

‘‘(1) Administering Department grant programs that enhance the capacity of 

State, regional, local, and tribal governments to prevent, prepare for, mitigate 

against, respond to, and recover from acts of terrorism, natural disasters, and 

other emergencies. 

‘‘(2) Ensuring coordination of the homeland security assistance programs of 

the Federal Government. 

‘‘(3) Establishing incentives for the efficient administration of Federal homeland security assistance. 

‘‘(4) Evaluating the effectiveness of funded Department programs and disseminating lessons learned, as appropriate. 

‘‘(5) Reviewing and revising, in consultation with the NIC (as that term is 

used in section 541) and the National Advisory Council on Emergency Management, on a periodic basis, but not less than biennially, preparedness documents 

and capabilities-based planning tools, related to catastrophic acts of terrorism, 

natural disasters, and other emergencies, including—

‘‘(A) the National Preparedness Goal; 

‘‘(B) the Targeted Capabilities List; 

‘‘(C) the Universal Task List; 

‘‘(D) the National Planning Scenarios; and 

‘‘(E) any other document or tool in support of Homeland Security Presidential Directive 8 or any other Homeland Security Presidential Directive 

related to the national emergency management system. 

‘‘(6) Establishing, in coordination with State, local, and tribal governments, a 

clear and accountable process for achieving, maintaining, and enhancing national preparedness for catastrophic acts of terrorism, natural disasters, and 

other emergencies. 

‘‘(7) Providing technical assistance to State, local, and tribal governments on 

catastrophic planning and preparedness. 

‘‘(8) Developing performance measures and metrics for assessing national preparedness. 

‘‘(9) Assessing, on a periodic basis, but not less than annually, the effectiveness of preparedness capabilities at the Federal, State, local, and tribal levels. 

‘‘(10) Developing priorities for Federal homeland security assistance to State, 

local, and tribal governments on the basis of such periodic assessments. 

‘‘(11) Implementing a shared resource planning system to facilitate collaborative plan development. 

‘‘(12) Reviewing, in coordination with appropriate Federal departments and 

agencies, all Federal preparedness activities. 

‘‘(13) Performing such other duties relating to such responsibilities as the Secretary may require. 

‘‘(d) ANNUAL STATUS REPORTS.—Not later than 60 days after the last day of each 

fiscal year, the Secretary shall provide to Congress a status report on the Nation’s 

level of preparedness during that fiscal year, including State, local, and tribal capabilities, the amount and use of grants awarded by the Department to State, local, 

and tribal governments, the readiness of Federal response assets, the utilization of 

mutual aid, and an assessment of how the Federal homeland security assistance 

programs support the National Preparedness Goal. 


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‘‘SEC. 522. OFFICE OF TRAINING AND EXERCISES. 

‘‘(a) IN GENERAL.—There is in the Department an Office of Training and Exercises 

under the authority of the Under Secretary for Emergency Management. ‘‘(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Training and Exercises. ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary for Training and Exercises 

shall—

‘‘(1) establish specific requirements for training programs and exercises for 

Federal, State, regional, local, and tribal government officials, emergency response providers, emergency support providers, and other entities as appropriate; ‘‘(2) design, develop, perform, and evaluate training programs and exercises 

at all levels of government to enhance and test the Nation’s capability to prevent, prepare for, mitigate against, respond to, and recover from threatened or 

actual acts of terrorism, natural disasters, and other emergencies; ‘‘(3) establish common supporting methodology for training programs and exercises; ‘‘(4) define and implement performance measures for training programs and 

exercises; ‘‘(5) coordinate the training and exercise activities of the Department; 

‘‘(6) serve as the primary point of contact in the Department for homeland security training and exercises for other Federal departments and agencies; 

‘‘(7) identify, analyze, and monitor the implementation of best practices and 

lessons learned with respect to training and exercises; 

‘‘(8) establish a comprehensive program for the professional development and 

education of homeland security personnel at all levels of government, nongovernmental organizations, and emergency management personnel in the private sector; and 

‘‘(9) perform such other duties relating to such responsibilities as the Secretary may require. 

‘‘(d) TRANSFER.—

‘‘(1) IN GENERAL.—The Assistant Secretary for Training and Exercises shall 

have authority over the following: 

‘‘(A) The Center for Domestic Preparedness. 

‘‘(B) The National Emergency Training Center. 

‘‘(C) The National Exercise and Evaluation Program. 

‘‘(2) NOBLE TRAINING CENTER.—The Noble Training Center is transferred to 

the Center for Domestic Preparedness. The Center for Domestic Preparedness 

shall integrate the Noble Training Center into the program structure of the 

Center for Domestic Preparedness. 

‘‘(e) NATIONAL EXERCISE PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for 

Training and Exercises, shall carry out a National Exercise Program for the 

purpose of testing, evaluating, and enhancing the capabilities of Federal, State, 

regional, local, and tribal government entities to prevent, prepare for, respond 

to, mitigate against, and recover from threatened or actual acts of terrorism, 

natural disasters, and other emergencies. 

‘‘(2) CONTENTS OF PROGRAM.—The National Exercise Program—

‘‘(A) shall enhance coordination for preparedness between all levels of 

government, emergency response providers, emergency support providers, 

nongovernmental organizations, international governments and organizations, and the private sector; 

‘‘(B) shall be—

‘‘(i) multidisciplinary in nature, including, as appropriate, information analysis and cybersecurity components; 

‘‘(ii) as realistic as practicable and based on current risk assessments, 

including credible threats, vulnerabilities, and consequences; 

‘‘(iii) carried out with the minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with 

safety considerations; 

‘‘(iv) evaluated against performance measures and followed by corrective action to solve identified deficiencies; and 

‘‘(v) assessed to learn best practices, which the Secretary shall share 

with appropriate Federal, State, regional, local, and tribal personnel, 

authorities, and training institutions for emergency managers, emergency response providers, and emergency support providers; and 

‘‘(C) shall provide assistance to State, regional, local, and tribal governments with the design, implementation, and evaluation of exercises that—

‘‘(i) conform to the requirements under subparagraph (B); 


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‘‘(ii) are consistent with any applicable State or urban area homeland 

security strategy or plan; ‘‘(iii) support implementation of— ‘‘(I) the National Incident Management System; 

‘‘(II) the National Response Plan; 

‘‘(III) the National Preparedness Goal; 

‘‘(IV) the National Preparedness Guidance; 

‘‘(V) the National Infrastructure Protection Plan; and 

‘‘(VI) any other similar national initiatives; and ‘‘(iv) provide for systematic evaluation of readiness. ‘‘(3) NATIONAL LEVEL EXERCISES.—The Secretary, acting through the Assistant 

Secretary for Training and Exercises, shall periodically but not less than biennially, perform national exercises for the following purposes: ‘‘(A) To involve in national exercises high-ranking officials from— ‘‘(i) Federal, State, local, tribal, and international governments; 

‘‘(ii) nongovernmental organizations, including faith-based organizations; ‘‘(iii) the private sector; and 

‘‘(iv) others as the Secretary considers appropriate. ‘‘(B) To test and evaluate, in coordination with the Attorney General and 

the Secretary of Defense, the capability of Federal, State, local, and tribal 

governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction. 

‘‘(C) To test and evaluate the readiness of Federal, State, local, and tribal 

governments to respond in a coordinated and unified manner to catastrophic acts of terrorism, natural disasters, and other emergencies. 

‘‘(D) To test and evaluate the readiness of Federal, State, local, and tribal 

governments to recover from catastrophic acts of terrorism, natural disasters, and other emergencies. 

‘‘(4) COORDINATION AND CONSULTATION.—In carrying out the National Exercise Program, the Secretary shall—

‘‘(A) coordinate with—

‘‘(i) components of the Department that have expertise in exercises, 

including the Coast Guard, the United States Secret Service, United 

States Customs and Border Protection, and United States Immigration 

and Customs Enforcement; and 

‘‘(ii) such other Federal departments and agencies as the Secretary 

determines are appropriate; and 

‘‘(B) consult regularly with—

‘‘(i) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers 

(including such providers located in both urban and rural areas); 

‘‘(ii) Federal, State, and local training institutions for emergency 

managers, emergency response providers, and emergency support providers; and 

‘‘(iii) State and local officials, including Adjutants General, with expertise in terrorism preparedness and emergency management. 

‘‘(5) TOP OFFICIAL PREVENTION EXERCISES.—Not later than one year after the 

date of enactment of the National Emergency Management Reform and Enhancement Act of 2006, the Secretary, acting through the Assistant Secretary 

for Training and Exercises, shall establish a program through which the Secretary carries out periodically but not less than biennially a national terrorism 

prevention exercise for the purposes of—

‘‘(A) involving in national exercises high-ranking officials from Federal, 

State, local, tribal, and international governments, as the Secretary considers appropriate; and 

‘‘(B) testing and evaluating, in coordination with the Attorney General 

and the Secretary of Defense, the capability of Federal, State, local, and 

tribal government entities to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism. 

‘‘(6) NATIONAL EXERCISE STRATEGY.—The Secretary, acting through the Assistant Secretary for Training and Exercises, shall develop a multi-year national 

homeland security exercise plan and submit the plan to the Homeland Security 

Council for review and approval. 

‘‘(f) NATIONAL TRAINING PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for 

Training and Exercises, shall carry out a National Training Program for the 

purpose of enhancing the capabilities of the Nation’s emergency managers, 


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emergency response providers, and emergency support providers to prevent, 

prepare for, respond to, mitigate against, and recover from threatened or actual 

acts of terrorism, natural disasters, and other emergencies. ‘‘(2) REQUIREMENTS.—The National Training Program shall provide training 

that—‘‘(A) reaches multiple disciplines, including Federal, State, and local government officials, emergency managers, emergency response providers, 

emergency support providers, the private sector, international governments 

and organizations, and other entities as the Secretary considers appropriate; ‘‘(B) provides training at the awareness, performance, and management 

and planning levels; ‘‘(C) utilizes multiple training mediums and methods, including— ‘‘(i) direct delivery; 

‘‘(ii) train-the-trainer; 

‘‘(iii) computer-based training; 

‘‘(iv) web-based training; and 

‘‘(v) video teleconferencing; ‘‘(D) is consistent with any applicable State or urban area homeland security strategy or plan; ‘‘(E) is consistent with, and supports implementation of, the National Incident Management System, the National Response Plan, the National Preparedness Goal, the National Preparedness Guidance, the National Infrastructure Protection Plan, and other such national initiatives; 

‘‘(F) is evaluated against clear and consistent performance measures; and 

‘‘(G) to the greatest extent practicable, utilizes State, regional, and tribal 

training institutions. 

‘‘(3) NATIONAL VOLUNTARY CONSENSUS STANDARDS.—The Secretary shall—

‘‘(A) support the development, promulgation, and regular updating as necessary of national voluntary consensus standards for training; and 

‘‘(B) ensure that the training provided under the National Training Program is consistent with such standards. 

‘‘(4) TRAINING PARTNERS.—In developing and delivering training under the 

National Training Program, the Secretary shall—

‘‘(A) work with government training facilities, academic institutions, private organizations, and other entities that provide specialized, state-of-theart training for emergency managers, emergency response providers, or 

emergency support providers; and 

‘‘(B) utilize, as appropriate, training courses provided by community colleges, State and local public safety academies, State and private universities, and other facilities. 

‘‘(5) COORDINATION AND CONSULTATION.—In carrying out the National Training Program, the Secretary shall—

‘‘(A) coordinate with—

‘‘(i) components of the Department that have expertise in training, including the Coast Guard, the United States Secret Service, the United 

States Fire Administration, and the Federal Law Enforcement Training 

Center; and 

‘‘(ii) such other Federal departments and agencies as the Secretary 

determines are appropriate; and 

‘‘(B) consult regularly with—

‘‘(i) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers 

(including such providers located in both urban and rural areas); and 

‘‘(ii) State and local officials, including Adjutants General, with expertise in terrorism preparedness and emergency management. 

‘‘(g) REMEDIAL ACTION MANAGEMENT PROGRAM.—The Secretary, acting through 

the Assistant Secretary for Training and Exercises, shall establish a Remedial Action Management Program to—

‘‘(1) identify and analyze training, exercises, and real-world events for lessons 

learned and best practices; 

‘‘(2) generate after action reports for Incidents of National Significance as declared by the Secretary under the National Response Plan; 

‘‘(3) disseminate lessons learned and best practices; 

‘‘(4) monitor the implementation of lessons learned and best practices; 

‘‘(5) conduct remedial action tracking and long-term trend analysis; and 

‘‘(6) certify that—

‘‘(A) recipients of Federal homeland security assistance have implemented 

lessons learned and best practices, as appropriate; and 


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‘‘(B) ensure that no recipient uses any Federal homeland security assistance without such certification. 

‘‘(h) NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.—There is in the Department a National Domestic Preparedness Consortium that—

‘‘(1) includes as members—

‘‘(A) the Center for Domestic Preparedness; 

‘‘(B) the New Mexico Institute of Mining and Technology; 

‘‘(C) Louisiana State University; 

‘‘(D) the Texas A&M University System; and 

‘‘(E) the Nevada Test Site of the Department of Energy. 

‘‘(2) identifies, develops, tests, and delivers training to State, local, and tribal 

emergency response providers; 

‘‘(3) provides onsite and mobile training at the performance and management 

and planning levels; and 

‘‘(4) facilitates the delivery of awareness level training by the training partners of the Department. 

‘‘(i) NATIONAL EXERCISE SIMULATION CENTER.—There is in the Department a National Exercise Simulation Center that uses a mix of live, virtual, and constructive 

simulations to—

‘‘(1) prepare elected officials, emergency managers, emergency response providers, and emergency support providers at all levels of Government to operate 

cohesively; 

‘‘(2) provide a learning environment for the homeland security personnel of 

all Federal departments and agencies; 

‘‘(3) assist in the development of operational procedures and exercises, particularly those based on catastrophic incidents; and 

‘‘(4) allow incident commanders to exercise decisionmaking in a simulated environment. 

‘‘SEC. 523. ESSENTIAL CAPABILITIES. 

‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.—

‘‘(1) IN GENERAL.—Building upon the National Preparedness Goal, the Secretary, acting through the Assistant Secretary for Grants and Planning, shall 

regularly update, revise, or replace essential capabilities for State, local, and 

tribal government emergency preparedness, in consultation with the following: 

‘‘(A) The National Advisory Council on Emergency Management under 

section 509. 

‘‘(B) Components of the Department, including the Under Secretary for 

Science and Technology, the Chief Intelligence Officer, the Director for Operations Coordination, the Assistant Secretary for Policy, the Assistant Secretary for Transportation Security, the Assistant Secretary for Infrastructure Protection, the Assistant Secretary for Cybersecurity and Telecommunications, the Commissioner of United States Customs and Border 

Protection, and the Commandant of the Coast Guard. 

‘‘(C) The Secretary of Health and Human Services. 

‘‘(D) Other appropriate Federal departments and agencies. 

‘‘(E) State, local, and tribal emergency response providers. 

‘‘(F) State, local, and tribal emergency support providers. 

‘‘(G) State, local, and tribal prevention and emergency management officials, including Adjutants General. 

‘‘(H) Consensus-based standardmaking organizations responsible for setting standards relevant to emergency managers, emergency response providers, and emergency support providers. 

‘‘(2) DEADLINES.—The Secretary shall update, revise, or replace the essential 

capabilities under paragraph (1) not later than 30 days after receiving the report submitted by the National Advisory Council on Emergency Management 

under section 509(d). 

‘‘(3) REPORT ON PROVISION OF ESSENTIAL CAPABILITIES.—The Secretary shall 

ensure that a report containing a detailed description of the essential capabilities is provided promptly to State and tribal governments and to Congress. The 

States shall make the description of the essential capabilities available as appropriate to local governments within their jurisdictions. 

‘‘(b) OBJECTIVES.—The Secretary shall ensure that essential capabilities meet the 

following objectives: 

‘‘(1) Essential capabilities shall describe specifically the planning, personnel, 

equipment, training, and exercises that State, local, or tribal governments 

should possess or have access to for purposes of the Department’s goals for 

emergency preparedness based on—


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‘‘(A) the National Preparedness Goal and supporting directives, policies, 

and guidelines; 

‘‘(B) the most current risk assessment available from the Chief Intelligence Officer of the threats of terrorism against the United States; 

‘‘(C) the risks faced by different types of communities, including communities of various sizes, geographies, and other distinguishing characteristics; 

and 

‘‘(D) the principles of regional coordination and mutual aid among State, 

local, and tribal governments. 

‘‘(2) Essential capabilities shall be sufficiently flexible so as to allow State, 

local, and tribal government officials to establish priorities based on local or regional needs while reaching nationally determined emergency preparedness levels within a specified time period. 

‘‘(3) Essential capabilities shall be designed to enable the measurement of 

progress toward specific emergency preparedness goals. 

‘‘(c) FACTORS TO BE CONSIDERED.—

‘‘(1) IN GENERAL.—In updating, revising, or replacing essential capabilities for 

State, local, or tribal governments under subsection (a)(1), the Secretary specifically shall consider the variables of threat, vulnerability, and consequences with 

respect to population (including transient commuting and tourist populations), 

areas of high population density, critical infrastructure, coastline, and international borders. 

‘‘(2) BASIS FOR CONSIDERATION.—Such consideration shall be based upon the 

most current risk assessment available from the Chief Intelligence Officer and 

the Assistant Secretary for Infrastructure Protection of the threats of terrorism 

against the United States and the needs described in the National Preparedness 

Goal and the directives, policies, and guidelines supporting the National Preparedness Goal. 

‘‘SEC. 524. CATASTROPHIC PLANNING. 

‘‘(a) CATASTROPHIC EMERGENCY PLANS REQUIRED.—The Secretary, acting through 

the Assistant Secretary for Grants and Planning and in consultation with the Assistant Secretary for Training and Exercises, shall require any State or urban area 

that submits an application to the Secretary for Federal homeland security financial 

assistance administered by the Department to maintain a catastrophic emergency 

plan to be implemented in the event of an act of terrorism, natural disaster, or other 

emergency. The Secretary shall require the State or urban area to update, implement, and exercise the catastrophic emergency plan as necessary. 

‘‘(b) REQUIREMENTS.—Each catastrophic emergency plan required under this section, with respect to a State or urban area, shall include—

‘‘(1) evacuation and sheltering in place procedures for the general population 

of the State or urban area; 

‘‘(2) the procedures in place to address the pre-positioning of food, medical and 

fuel supplies; 

‘‘(3) the evacuation and sheltering in place procedures for populations with 

special needs, including persons with disabilities, health problems, language 

barriers, and income barriers, the elderly, children, and individuals with pets, 

service animals, or farm animals; 

‘‘(4) sheltering options for displaced populations; 

‘‘(5) the augmentation of response resources; 

‘‘(6) regional planning, mutual aid agreements, and requests for assistance 

that can meet urgent needs; 

‘‘(7) the adequacy of delivery networks for critical services and supplies; 

‘‘(8) the degree to which the plan is mutually supportive among contiguous 

jurisdictions and States; 

‘‘(9) the use of all available and appropriate transportation modes and resources, including the identification of routes of egress and ingress, and destinations; 

‘‘(10) the changes in authorities or regulations which may be necessary for the 

plan to meet the demands of a catastrophic event; 

‘‘(11) contingency plans for the survivability, sustainability, and interoperability of emergency communications systems; 

‘‘(12) procedures for disseminating timely and accurate public alerts and 

warnings; 

‘‘(13) procedures and policies for the continuity of operations for government 

and other essential services; and 

‘‘(14) search and rescue procedures for populations with special needs, including persons with disabilities, health problems, language barriers, and income 


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barriers, the elderly, children, and individuals with pets, service animals, or 

farm animals. 

‘‘(c) CONSISTENCY.—A catastrophic emergency plan required under this section 

shall be consistent with, and support the implementation of—

‘‘(1) any applicable State or urban area homeland security strategy or plan; 

and 

‘‘(2) the National Incident Management System, the National Response Plan, 

the National Preparedness Goal, the National Preparedness Guidance, the National Infrastructure Protection Plan, and other such national initiatives as may 

be determined by the Secretary. 

‘‘(d) PEER REVIEW CERTIFICATION.—

‘‘(1) DEVELOPMENT OF REGIONAL PLANS.—Each Regional Director for Emergency Management under section 504, in coordination with the Assistant Secretary for Grants and Planning, shall develop a process of peer review for any 

catastrophic emergency plan submitted under subsection (a) by a State or urban 

area in the geographical area in which the Regional Office directed by that Regional Director for Emergency Management is located. 

‘‘(2) DEADLINE FOR SUBMISSION OF PLANS.—Not later than one year after the 

date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006, each Regional Director for Emergency Management 

shall submit a plan to the National Advisory Council on Emergency Management describing the peer review process developed by the Regional Director for 

Emergency Management. The National Advisory Council on Emergency Management shall review and approve or disapprove each such plan. 

‘‘(e) REMEDIAL ACTION.—Not later than 90 days after completion of exercises 

under subsection (a), the Secretary, in consultation with the Assistant Secretary for 

Training and Exercises, shall develop a lessons learned and remedial action strategy 

for catastrophic planning. 

‘‘(f) CONSULTATION.—In developing the catastrophic emergency plan required 

under this section, a State or urban area shall consult with and seek appropriate 

comments from—

‘‘(1) local governments within the urban area or State; 

‘‘(2) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers within the urban 

area or State (including, in the case of a State, such providers from both urban 

and rural areas within the State); and 

‘‘(3) locally governed multijurisdictional councils of governments and regional 

planning commissions. 

‘‘SEC. 525. SYSTEM ASSESSMENT AND VALIDATION FOR EMERGENCY RESPONDERS PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the Under Secretary for Science and 

Technology, shall establish a System Assessment and Validation for Emergency Responders Program to provide high quality, impartial, and operationally relevant 

evaluations and validations of critical emergency response provider-related equipment and systems and provide such evaluations and validations to emergency response providers in an operationally useful form. 

‘‘(b) REQUIREMENTS.—The program established under subsection (a) shall—

‘‘(1) provide impartial, practitioner relevant, and operationally oriented assessments and validations of emergency response provider equipment and systems that have not previously third-party certified to a national voluntary census standard adopted by the Department, including—

‘‘(A) commercial, off-the-shelf emergency response provider equipment 

and systems in all equipment list categories of the Standardized Equipment 

List published by the Interagency Board for Equipment Standardization 

and Interoperability; and 

‘‘(B) such other equipment or systems as the Secretary determines are appropriate; 

‘‘(2) provide information that enables decision-makers and emergency response providers to better select, procure, use, and maintain emergency response provider equipment or systems; 

‘‘(3) assess and validate the performance of products within a system and systems within systems; and 

‘‘(4) provide information and feedback to emergency response providers 

through a well-maintained, Internet-accessible database. 

‘‘(c) ASSESSMENT AND VALIDATION PROCESS.—The assessment and validation of 

emergency response provider equipment and systems shall utilize multiple evaluation techniques, including—

‘‘(1) operational assessments of equipment performance on vehicle platforms; 


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‘‘(2) technical assessments on a comparative basis of system component performance across makes and models under controlled conditions; and 

‘‘(3) integrative assessments on an individual basis of system component 

interoperability and compatibility with other system components. 

‘‘(d) COORDINATION.—In assessing and validating personnel protective equipment 

under this section, the Secretary shall, to the extent practicable, coordinate with the 

Director of the National Institute for Occupational Safety and Health. 

‘‘SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Assistant Secretary for 

Training and Exercises, shall establish a graduate-level Homeland Security Education Program in the National Capital Region to provide educational opportunities 

to senior Federal officials and selected State and local officials with homeland security and emergency management responsibilities. 

‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and effectiveness in carrying out the Program, the Secretary shall use existing Department-reviewed Master’s Degree curricula in homeland security, including curricula pending 

accreditation, together with associated learning materials, quality assessment tools, 

digital libraries, exercise systems and other curriculum components already being 

delivered by Federal, State, and private universities and educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management Institute. 

‘‘(c) STUDENT ENROLLMENT.—

‘‘(1) SOURCES.—The student body of the Program shall include officials from 

Federal, State, tribal, and local governments, and from other sources designated 

by the Under Secretary for Emergency Management. 

‘‘(2) ENROLLMENT PRIORITIES AND SELECTION CRITERIA.—The Under Secretary 

for Emergency Management shall establish policies governing student enrollment priorities and selection criteria that are consistent with the mission of the 

Program. 

‘‘(3) DIVERSITY.—The Secretary shall take reasonable steps to ensure that the 

student body represents racial, gender, and ethnic diversity. 

‘‘(d) SERVICE COMMITMENT.—

‘‘(1) IN GENERAL.—Before any employee selected for the Program may be assigned to such education, the employee shall agree in writing to—

‘‘(A) continue in the service of the agency sponsoring the employee during 

the two-year period beginning on the date on which the employee completes 

the program, unless the employee is involuntarily separated from the service of that agency for reasons other than reduction in force; and 

‘‘(B) pay to the Government the amount of the additional expenses incurred by the Government in connection with the employee’s education if 

the employee is voluntarily separated from the service to the agency before 

the end of the period described in subparagraph (A). 

‘‘(2) PAYMENT OF EXPENSES.—

‘‘(A) EXEMPTION.—An employee who leaves the service of the sponsoring 

agency to enter into the service of another agency in any branch of the Government shall not be required to make a payment under paragraph (1)(B), 

unless the head of the agency that sponsored the education of the employee 

notifies the employee before the date on which the employee enters the 

service of the other agency that payment is be required under that paragraph. 

‘‘(B) AMOUNT OF PAYMENT.—If an employee is required to make a payment under paragraph (1)(B), the agency that sponsored the education of 

the employee shall determine the amount of the payment, except that such 

amount may not exceed the pro rata share of the expenses incurred for the 

time remaining in the two-year period. 

‘‘(3) RECOVERY OF PAYMENT.—If an employee who is required to make a payment under this subsection does not make the payment, a sum equal to the 

amount of the expenses incurred by the Government for the education of that 

employee is recoverable by the Government from the employee or his estate 

by—

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

‘‘(B) such other method as is provided by law for the recovery of amounts 

owing to the Government. 

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

‘‘(a) IN GENERAL.—There is in the Directorate of Emergency Management an Office of Public and Community Preparedness. 


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‘‘(b) DIRECTOR.—The Office shall be headed by a Director, who shall be appointed 

by the Secretary. The Director shall report directly to the Assistant Secretary for 

Grants and Planning. 

‘‘(c) COMPONENTS.—The Office of Public and Community Preparedness shall consist of the following: 

‘‘(1) The various component programs of the Citizen Corps, including Community Emergency Response Teams, Fire Corps, Volunteers in Police Service, USA 

on Watch, and the Medical Reserve Corps. 

‘‘(2) The Internet website known as Ready.gov and the components of that 

website, including Ready Businesses, Ready Kids, and Listo. 

‘‘(3) Such other duties relating to community, public, and citizen preparedness 

as the Secretary may provide. 

‘‘(d) RESPONSIBILITIES.—The Director of the Office of Public and Community Preparedness, in coordination with and support of the Regional Directors of Emergency 

Management under section 504, shall have the primary responsibility within the 

Department for assisting the efforts of State, local, and tribal governments in preparing citizens and communities in the United States for acts of terrorism, natural 

disasters, and other emergencies, including primary responsibility for each of the 

following: 

‘‘(1) Coordinating and supporting public and community preparedness efforts 

at all levels of Government. 

‘‘(2) Serving as the principal advisor to the Secretary on public and community preparedness issues. 

‘‘(3) Developing guidance on citizen preparedness for grants to State, local, 

and tribal governments. 

‘‘(4) Providing, through the Regional Offices under section 504, State, local, 

and tribal Citizen Corps Councils with tools, information, and technical assistance to connect local and national citizen preparedness efforts. 

‘‘(5) Directing, managing, and implementing all programs associated with the 

entities under subsection (c). 

‘‘(6) Establishing specialized preparedness programs for at-risk communities 

under subsection (e). 

‘‘(7) Ensuring coordination with private sector entities, faith-based groups, 

other nongovernmental organizations, special needs groups, emergency managers, emergency response providers, emergency support providers, and international organizations, in order to promote citizen preparedness and participation. 

‘‘(8) Developing a comprehensive program of public service announcements for 

use on a national basis or, in consultation with State, local, or tribal governments, on a regional, State, or local basis. 

‘‘(9) Assisting in the implementation of national strategies for public and community preparedness, including the development of individual preparedness 

skills and capabilities, including assembling preparedness kits, developing 

emergency communications plans, training in basic fist aid, and learning how 

to react to a variety of emergencies. 

‘‘(e) AT-RISK COMMUNITIES.—In carrying out the responsibilities under this section, the Director shall consider the unique preparedness challenges faced by persons with disabilities, health problems, language barriers, and income barriers, the 

elderly, children, and individuals with pets, service animals, or farm animals. 

‘‘(f) NATIONAL CITIZEN CORPS COUNCIL.—

‘‘(1) IN GENERAL.—There is in the Directorate a National Citizen Corps Council. The Under Secretary for Emergency Management or a designee shall serve 

as chair of the Council. 

‘‘(2) MEMBERSHIP.—The Council shall consist of national leaders of organizations and associations representing at risk communities described under subsection (e), emergency managers, emergency response providers, emergency support providers, community and volunteer service providers, government, and the 

private sector. 

‘‘(3) RESPONSIBILITIES.—The responsibilities of the Council are as follows: 

‘‘(A) To work together at the national level and encourage members of the 

Council at the State, local, and tribal level to collaborate in support of the 

Citizen Corps. 

‘‘(B) To identify opportunities for Federal, State, local, and tribal organizations to collaborate to accomplish the shared goals of the Citizen Corps 

programs. 

‘‘(C) To encourage the development and support of local Citizen Corps 

Councils and to advance the Citizen Corps mission across the country. 


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‘‘(D) To exchange facts and information on programs to promote public 

awareness, training, safety, and volunteer service opportunities and on 

safety and preparedness messages to be conveyed to the public. 

‘‘(E) To develop and disseminate messages on safety and emergency preparedness that will be effective in engaging communities and individuals in 

the Citizen Corps. 

‘‘(F) To serve as the catalyst for engaging others within their areas of expertise to promote the Citizen Corps mission. 

‘‘(4) MEETINGS.—The Under Secretary for Emergency Management or a designee shall convene meetings of the National Citizen Corps Council at the discretion of the Under Secretary or at the direction of the Secretary. 

‘‘(g) COORDINATION.—The Director shall—

‘‘(1) coordinate with other Federal entities, as appropriate, including the Departments of Health and Human Services, Justice, Commerce, and Education, 

the Environmental Protection Agency, and the Corporation for National and 

Community Service, to enhance public and community preparedness; 

‘‘(2) coordinate with State, local, and tribal governments; and 

‘‘(3) subject to the availability of appropriations, make grants and enter into 

contracts and cooperative agreements with other Federal agencies and nongovernmental organizations, as may be necessary and proper to carry out the 

responsibilities of the Director under this section. 

‘‘Subtitle C—Emergency Response 

‘‘SEC. 541. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE PLAN INTEGRATION CENTER. 

‘‘(a) IN GENERAL.—There is in the Directorate of Emergency Management a National Incident Management System and National Response Plan Integration Center 

(referred to in this section as the ‘NIC’). 

‘‘(b) DIRECTOR.—The NIC shall be headed by a Director, who shall be appointed 

by the Secretary. The Director shall report directly to the Deputy Under Secretary 

for Response and Recovery. 

‘‘(c) RESPONSIBILITIES.—The Director, in consultation with the Assistant Secretary 

for Grants and Planning, the Assistant Secretary for Training and Exercises, the 

heads of other appropriate Federal departments and agencies, and the National Advisory Council on Emergency Management under section 509, shall establish a 

mechanism for ensuring ongoing management and maintenance of the National Incident Management System (NIMS), the National Response Plan (NRP), any other 

document or tool in support of Homeland Security Presidential Directive 5, or any 

other Homeland Security Presidential Directive related to incident management and 

response. The responsibilities of the Director shall include the following: 

‘‘(1) Revising, as appropriate, the NIMS and the NRP not later than 90 days 

after the enactment of this section with respect to—

‘‘(A) clarifying the roles and responsibilities of the Principal Federal Official, the Federal Coordinating Officer, the Federal Resource Coordinator, 

and the Disaster Recovery Manager; 

‘‘(B) developing procedures for the timely activation of each such role; 

‘‘(C) establishing, in consultation with the Director for Public and Community Preparedness and the Director of the Corporation for National and 

Community Service, as part of the NRP an emergency support function 

with respect to volunteers and donations; 

‘‘(D) realigning the emergency support functions of the NRP so as to be 

consistent with the NIMS; 

‘‘(E) developing doctrine and procedures relating to the management of 

acts of terrorism, natural disasters, and other emergencies affecting multiple State; 

‘‘(F) improving the utilization of Federal, State, local, and tribal resources, including the deployment of emergency response providers, specialized equipment, and supplies; 

‘‘(G) finalizing and releasing the Catastrophic Incident Supplement to the 

NRP; 

‘‘(H) ensuring the effective use of emergency response providers at emergency scenes; 

‘‘(I) conforming the NRP and NIMS to the provisions of this Act; and 

‘‘(J) reviewing other matters pertaining to the NIMS and the NRP as the 

Secretary may require. 


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‘‘(2) Developing a national program for NIMS and NRP education and awareness, including specific instruction on the purposes of the NIMS and the NRP 

and responsibilities of the NIC. ‘‘(3) Promoting the compatibility between national voluntary consensus standards for the NIMS and the NRP and such standards developed by other public, 

private, or professional groups. ‘‘(4) Facilitating the development and publication of materials and standardized templates to support the implementation and continuous refinement of the 

NIMS and the NRP. ‘‘(5) Developing performance measures and assessment criteria for the various 

components of the NIMS and the NRP and compliance requirements and compliance timelines for implementation by Federal, State, local, and tribal entities. ‘‘(6) Establishing a peer review process for NIMS compliance certifications 

that verifies the satisfaction of training, planning, exercising, and other activities. ‘‘(7) Defining, in consultation with the Assistant Secretary for Training and 

Exercises, the general training requirements and the national training standards and course curricula associated with the NIMS and the NRP. ‘‘(8) Facilitating the development of national voluntary consensus standards, 

guidelines, and protocols for incident management training and exercises, including consideration of existing exercise and training programs at all levels of 

government. 

‘‘(9) Facilitating the establishment and maintenance of a publication management system for documents supporting the NIMS and the NRP and other related publications and materials related to the NIMS and the NRP, including 

the development or coordination of general publications. 

‘‘(10) Reviewing and certifying, in coordination with accrediting organizations 

and in consultation with Federal, State, local, tribal, private-sector, and nongovernmental entities, the discipline-specific publication management requirements submitted by professional organizations and associations. 

‘‘(11) Facilitating the development and publication of national voluntary consensus standards, guidelines, and protocols for the qualification and certification of emergency managers, emergency response providers, and emergency 

support providers, as appropriate. 

‘‘(12) Reviewing and approving, in coordination with appropriate national professional organizations and with input from Federal, State, local, tribal, privatesector, and other nongovernmental entities, the discipline-specific qualification 

and certification requirements submitted by organizations and associations representing emergency managers, emergency response providers, and emergency 

support providers. 

‘‘(13) Facilitating the establishment and maintenance of a documentation and 

database system related to qualification, certification, and credentialing of 

emergency managers, emergency response providers, and emergency support 

providers and nongovernmental organizations, including reviewing and approving, in coordination with appropriate national professional organizations and 

with input from the Federal, State, local, tribal, private-sector and nongovernmental entities, of the discipline-specific requirements. 

‘‘(14) Establishing a data maintenance system to provide emergency managers 

with the detailed qualification, experience, and training information needed to 

credential personnel for prescribed national emergency management positions. 

‘‘(15) Coordinating minimum professional certification standards and facilitation of the design and implementation of a credentialing system that can be 

used nationwide. 

‘‘(16) Facilitating the development and issuance of national standards for the 

typing of resources. 

‘‘(17) Facilitating the definition and maintenance of the information framework required to guide the development of NIMS information systems, including the development of data standards for—

‘‘(A) incident notification and situation reports; 

‘‘(B) status reporting; 

‘‘(C) analytical data; 

‘‘(D) geospatial information; 

‘‘(E) wireless communications; 

‘‘(F) identification and authentication; and 

‘‘(G) incident reports, including lessons learned reports. 

‘‘(18) Performing such other duties relating to such responsibilities as the Secretary may require. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section $25,000,000, for each of fiscal years 2007 through 2010. 


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‘‘SEC. 542. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE. 

‘‘To the maximum extent practicable, the Secretary, acting through the Under 

Secretary for Emergency Management, shall use national private sector networks 

and infrastructure for emergency response to acts of terrorism, natural disasters, 

and other emergencies. 

‘‘SEC. 543. NUCLEAR INCIDENT RESPONSE. 

‘‘(a) NUCLEAR INCIDENT RESPONSE TEAM.—In connection with actual or threatened 

acts of terrorism, natural disasters, or other emergencies in the United States—

‘‘(1) the Nuclear Incident Response Team shall operate as an organizational 

unit of the Department; and 

‘‘(2) while so operating, the Secretary shall have direction, authority, and control of the Nuclear Incident Response Team. 

‘‘(b) RESPONSIBILITIES.—In addition to the authority under subsection (a), the Secretary, acting through the Under Secretary for Emergency Management, shall at all 

times carry out the following responsibilities: 

‘‘(1) Establishing standards for performance of the Nuclear Incident Response 

Team and, when such standards have been met, certifying that they have been 

met. 

‘‘(2) Conducting joint and other exercises and training and evaluating performance. 

‘‘(3) Providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and 

training, and equipment. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit 

the responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities that participate in the Nuclear Incident Response Team, or (subject 

this section) from exercising direction, authority, and control over such entities 

when they are not operating as a unit of the Department. 

‘‘(d) DEFINITION.—In this section, the term ‘Nuclear Incident Response Team’

means a resource that includes—

‘‘(1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and 

related functions; and 

‘‘(2) those entities of the Environmental Protection Agency that perform such 

support functions (including radiological emergency response functions) and related functions. 

‘‘SEC. 544. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. 

‘‘(a) NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.—There is in the 

Directorate of Emergency Management an emergency response system known as the 

National Urban Search and Rescue Response System that provides a national network of standardized search and rescue resources to assist State, local, and tribal 

governments in responding to acts of terrorism, natural disasters, and other emergencies. 

‘‘(b) ADMINISTRATION OF THE SYSTEM.—

‘‘(1) TASK FORCE PARTICIPATION.—The Under Secretary for Emergency Management shall select eligible urban search and rescue teams that are sponsored 

by State and local government entities to participate as task forces in the System. The Under Secretary shall determine the criteria for such participation. 

‘‘(2) AGREEMENTS WITH SPONSORING AGENCIES.—The Under Secretary shall 

enter into an agreement with the State or local government entity that sponsors 

each search and rescue team selected under paragraph (1) with respect the 

team’s participation as a task force in the System. 

‘‘(3) URBAN SEARCH AND RESCUE TEAM PERSONNEL.—Personnel of an urban 

search and rescue team that participates as a task force under this section may 

be—

‘‘(A) personnel of the State or local government sponsor; or 

‘‘(B) personnel of any other Federal, State, or local government entity 

that enters into a participation agency agreement with the State or local 

government sponsor of the team. 

‘‘(4) MANAGEMENT AND TECHNICAL TEAMS.—The Under Secretary shall maintain such management and other technical teams as are necessary to administer the System. 

‘‘(c) ADVISORY COMMITTEE.—


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‘‘(1) IN GENERAL.—The Under Secretary shall establish and maintain an advisory committee to provide expert recommendations to the Under Secretary with 

respect to administering the System. 

‘‘(2) COMPOSITION.—The advisory committee shall be geographically diverse, 

and shall include, at a minimum—

‘‘(A) the chief officer or senior executive from each of at least three State 

or local governments that sponsor urban search and rescue teams selected 

to participate in the System as task forces; 

‘‘(B) the senior emergency manager from each of at least two States in 

which such local governments are located; and 

‘‘(C) at least one representative selected by the leaders of the task forces. 

‘‘(3) TERMINATION.—The advisory committee shall terminate on the date that 

is two years after the date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

‘‘(1) $40,000,000 for each of fiscal years 2007 through 2009; and 

‘‘(2) such sums as may be necessary for each fiscal year after fiscal year 2009. 

‘‘SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

‘‘(a) IN GENERAL.—There is in the Department a Metropolitan Medical Response 

System. Under the System, the Assistant Secretary for Grants and Planning shall 

administer grants to develop, maintain, and enhance medical preparedness systems 

that are capable of responding effectively during the initial hours of a public health 

crisis or mass-casualty event caused by an act of terrorism, natural disaster, or 

other emergency. 

‘‘(b) USE OF FUNDS.—The Metropolitan Medical Response System shall make 

grants to local governments to enhance any of the following activities: 

‘‘(1) Medical surge capacity. 

‘‘(2) Mass prophylaxis. 

‘‘(3) Chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities. 

‘‘(4) Emergency communications capabilities. 

‘‘(5) Information sharing and collaboration capabilities. 

‘‘(6) Regional collaboration. 

‘‘(7) Triage and pre-hospital treatment. 

‘‘(8) Medical supply management and distribution. 

‘‘(9) Fatality management. 

‘‘(10) Such other activities as the Secretary may provide. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary to carry out this section $60,000,000 for each of fiscal years 2007 

through 2010. 

‘‘SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management, may make grants for the purposes of administering the Emergency Management Assistance Compact consented to by Public Law 104–321. 

‘‘(b) USES.—A grant under this section shall be used—

‘‘(1) to carry out recommendations identified in after-action reports for the 

2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact; 

‘‘(2) to coordinate with the Department and other Federal Government agencies; 

‘‘(3) to coordinate with State and local government entities and their respective national associations; or 

‘‘(4) to administer the operations of the Emergency Management Assistance 

Compact. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary to carry out this section $4,000,000 for each fiscal year. Amounts 

appropriated under this section shall remain available for 3 fiscal years. 

‘‘Subtitle D—Emergency Communications 

‘‘SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS. 

‘‘(a) IN GENERAL.—There is in the Department an Office of Emergency Communications, which shall be under the authority of the Under Secretary for Emergency 

Management. 


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‘‘(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Emergency Communications. 

‘‘(c) RESPONSIBILITIES.—The Assistant Secretary for Emergency Communications 

shall—

‘‘(1) assist the Secretary in developing and implementing the program described in section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as provided in section 5 of the National Emergency Management Reform and Enhancement Act of 2006; 

‘‘(2) administer the Department’s responsibilities and authorities relating to 

the SAFECOM Program; 

‘‘(3) administer the Department’s responsibilities and authorities relating to 

the Integrated Wireless Network program; 

‘‘(4) coordinate, as appropriate, with the Assistant Secretary for Cybersecurity 

and Telecommunications, regarding the administration of the National Communications System; 

‘‘(5) conduct extensive, nationwide outreach and foster the development of 

interoperable emergency communications capabilities by State, regional, local, 

and tribal governments and public safety agencies; 

‘‘(6) provide technical assistance to State, regional, local, and tribal officials 

with respect to use of interoperable emergency communications capabilities; 

‘‘(7) facilitate the creation of Regional Emergency Communications Coordination Working Groups under section 565; 

‘‘(8) promote the development of standard operating procedures with respect 

to use of interoperable emergency communications capabilities for incident response and facilitate the sharing of information on best practices (including 

from governments abroad) for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; 

‘‘(9) coordinate the establishment of a national response capability with initial 

and ongoing planning, implementation, and training for the deployment of 

backup communications services in the event of a catastrophic loss of local and 

regional emergency communications services; 

‘‘(10) assist the President, the National Security Council, the Homeland Security Council, the Director of the Office of Science and Technology Policy, and 

the Director of the Office of Management and Budget in ensuring the operability of the telecommunications functions and responsibilities of the Federal 

Government; 

‘‘(11) establish requirements for total and nonproprietary interoperable emergency communications capabilities for all public safety radio and data communications systems and equipment; 

‘‘(12) help to establish an integrated national public alert and warning system 

that incorporates legacy systems; and 

‘‘(13) review, in consultation with Assistant Secretary for Grants and Planning, all interoperable emergency communications plans of Federal, State, local, 

and tribal governments, including Statewide and tactical interoperability plans. 

‘‘(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.—There is transferred to the Secretary the authority to administer, through the Assistant Secretary 

for Emergency Communications, the following: 

‘‘(1) The SAFECOM Program. 

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

‘‘(3) The Interoperable Communications Technical Assistance Program. 

‘‘(e) COORDINATION.—The Assistant Secretary shall coordinate, as appropriate, 

with the Director of the Office for Interoperability and Compatibility the responsibilities described in section 104 of the National Emergency Management Reform and 

Enhancement Act of 2006. 

‘‘(f) SUFFICIENCY OF RESOURCES PLAN.—

‘‘(1) REPORT.—Not later than days 60 days after the enactment of this section, 

the Secretary shall submit to Congress a report on the resources and staff necessary to carry out the responsibilities under this subtitle. 

‘‘(2) COMPTROLLER GENERAL REVIEW.—The Comptroller General shall review 

the validity of the report submitted by the Secretary under paragraph (1). Not 

later than 30 days after the date on which such report is submitted, the Comptroller General shall submit to Congress a report containing the findings of such 

review. 

‘‘SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for 

Emergency Communications, shall, not later than one year after the completion of 

the baseline assessment under section 563, and in cooperation with State, local, and 


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tribal governments, Federal departments and agencies, emergency response providers, emergency support responders, and the private sector, develop a National 

Emergency Communications Strategy to achieve interoperable emergency communications. 

‘‘(b) CONTENTS.—The national strategy shall—

‘‘(1) include a national interoperable emergency communication inventory 

that—

‘‘(A) identifies for each Federal department and agency—

‘‘(i) the channels and frequencies used; 

‘‘(ii) the nomenclature used to refer to each channel or frequency 

used; and 

‘‘(iii) the types of communications system and equipment used; 

‘‘(B) identifies the interoperable emergency communication systems in use 

for public safety systems in the United States; and 

‘‘(C) provides a listing of public safety mutual aid channels in operation 

and their ability to connect to an interoperable communications system; 

‘‘(2) include, in consultation with the National Institute of Standards and 

Technology, a process for expediting national voluntary consensus-based emergency communications equipment standards for the purchase and use by public 

safety agencies of interoperable emergency communications equipment and 

technologies; 

‘‘(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments to operate at 

all threat levels; 

‘‘(4) address both short-term and long-term solutions to achieving Federal, 

State, local, and tribal interoperable emergency communications systems, including provision of existing and emerging technologies that facilitate operability, interoperability, coordination, and integration among existing emergency communications systems; 

‘‘(5) identify how Federal Government departments and agencies that respond 

to acts of terrorism, natural disasters, and other emergencies can work effectively with State, local, and tribal governments, in all States, and such other 

entities as are necessary to implement the strategy; 

‘‘(6) include measures to identify and overcome all obstacles to achieving 

interoperable emergency communications; and 

‘‘(7) set goals and establish timeframes for the achievement of an emergency, 

command-level communication system based on existing equipment across the 

United States and develop a timetable for a nationwide interoperable emergency communications system. 

‘‘SEC. 563. ASSESSMENTS AND REPORTS. 

‘‘(a) BASELINE OPERABILITY AND INTEROPERABILITY ASSESSMENT.—Not later than 

one year after the date of the enactment of this section and not less than every 5 

years thereafter, the Secretary, acting through the Assistant Secretary for Emergency Communications, shall conduct an assessment of Federal, State, local, and 

tribal governments, to—

‘‘(1) define the range of operable and interoperable emergency communications capabilities needed for specific events; 

‘‘(2) assess the current capabilities to meet such communications needs; and 

‘‘(3) identify the gap between such current capabilities and defined requirements. 

‘‘(b) PROGRESS REPORTS.—Not later than one year after the date of enactment of 

this section and annually thereafter, the Secretary, acting through the Assistant 

Secretary for Emergency Communications, shall submit to Congress a report on the 

progress of the Department in implementing and achieving the goals of this subtitle, 

including—

‘‘(1) a description of the findings of the most recent baseline assessment conducted under subsection (a); 

‘‘(2) a determination of the degree to which interoperable emergency communications has been achieved to date and ascertain the needs that remain for 

interoperability to be achieved; 

‘‘(3) an assessment of the ability of communities to provide and maintain 

interoperable emergency communications among emergency managers, emergency response providers, emergency support providers, and government officials in the event of acts of terrorism, natural disasters, or other emergencies, 

including Incidents of National Significance declared by the Secretary under the 

National Response Plan, and where there is substantial damage to ordinary 

communications infrastructure or sustained loss of electricity; 


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‘‘(4) a list of best practices among communities for providing and maintaining 

interoperable emergency communications in the event of acts of terrorism, natural disasters, or other emergencies; and ‘‘(5) an evaluation of the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile 

communications capability, modeled on the Army Signal Corps, that could be 

deployed to support emergency communications at the site of acts of terrorism, 

natural disasters, or other emergencies. 

‘‘SEC. 564. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT PROGRAMS. 

‘‘(a) ASSESSMENT OF GRANTS AND STANDARDS PROGRAMS.—The Secretary, acting 

through Assistant Secretary for Emergency Communications, shall assess Federal 

grants and standards programs managed by other Federal departments and agencies to—

‘‘(1) integrate and coordinate Federal grant guidelines for the use of Federal 

homeland security assistance relating to interoperable emergency communications; ‘‘(2) assess and make recommendations to ensure that such guidelines are 

consistent with the mission of the Office of Emergency Communications; and ‘‘(3) assess and make recommendations to ensure conformity with the goals 

and objectives identified in the National Emergency Communications Strategy. ‘‘(b) DENIAL OF ELIGIBILITY FOR GRANTS.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for 

Grants and Planning, and in consultation with the Assistant Secretary for 

Emergency Communications, may prohibit any State, local, or tribal government from using Federal homeland security assistance administered by the Department to achieve, maintain, or enhance interoperable emergency communications capabilities, if— ‘‘(A) such government has not complied with the requirement to submit 

a Statewide Interoperable Communications Plans as required by section 

7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 194(f)); and ‘‘(B) as of the date that is three years after the date of the enactment of 

this section, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated. ‘‘(2) STANDARDS.—The Secretary, in coordination with other Federal departments and agencies with responsibility for standards shall develop, promulgate, 

and revise national voluntary consensus standards on interoperable emergency 

communications within 4 years after the date of the enactment of this section, 

if the requirements of paragraph (1)(B) have not been satisfied. ‘‘(c) TRANSFER OF FUNCTIONS.—Not later than 60 days after the date of the enactment of this subsection, the President shall transfer to the Assistant Secretary for 

Emergency Communications the functions authorized by section 3006 of the Deficit 

Reduction Act of 2006 (Public Law 109–71; 120 Stat. 24), including the authority 

to borrow under 3006(b) of that Act. 

‘‘SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION. 

‘‘(a) IN GENERAL.—There is in each Regional Office under section 504 a Regional 

Emergency Communications Coordination Working Group (in this section referred 

to as an ‘RECC Working Group’). 

‘‘(b) SUBJECT MATTER EXPERTS.—The RECC Working Group shall consist of the 

following: 

‘‘(1) NON-FEDERAL.—Organizations representing the interests of the following: 

‘‘(A) State officials. 

‘‘(B) Local officials. 

‘‘(C) State police departments. 

‘‘(D) Local police departments. 

‘‘(E) Local fire departments. 

‘‘(F) Public safety answering points (9–1–1 services). 

‘‘(G) Communications equipment vendors (including broadband data service providers). 

‘‘(H) Hospitals. 

‘‘(I) Public utility services. 

‘‘(J) Local exchange carriers. 

‘‘(K) Local broadcast media. 

‘‘(L) Wireless carriers. 

‘‘(M) Satellite communications services. 

‘‘(N) Emergency evacuation transit services. 

‘‘(O) Ambulance services. 


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‘‘(P) HAM and amateur radio operators. 

‘‘(Q) State emergency managers, homeland security directors, or representatives of State Administrative Agencies. ‘‘(R) Local emergency managers or homeland security directors. 

‘‘(S) Other emergency response providers or emergency support providers 

as deemed appropriate. ‘‘(2) FEDERAL.—Representatives from the Department and other Federal departments and agencies with responsibility for coordinating interoperable emergency communications with or providing emergency support services to State, 

local, and tribal governments. ‘‘(c) DUTIES.—The duties of each RECC Working Group shall include— ‘‘(1) assessing the survivability, sustainability, and interoperability of local 

emergency communications systems to meet the goals of the National Emergency Communications Strategy; ‘‘(2) reporting annually to the Assistant Secretary for Emergency Communications on the status of its region in building a robust and sustainable interoperable voice and data emergency communications network and on the progress of 

the region in meeting the goals of the National Emergency Communications 

Strategy under section 562 when such Strategy in complete; ‘‘(3) coordinating the establishment of an effective multijurisdictional, multiagency emergency communications network for use during acts of terrorism, 

natural disasters, and other emergencies through the expanded use of emergency management and public safety communications mutual aid agreements; 

and ‘‘(4) coordinating the establishment of Federal, State, local, and tribal support 

services and networks designed to address the immediate and critical human 

needs in responding to acts of terrorism, natural disasters, and other emergencies. 

‘‘SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER. 

‘‘(a) ESTABLISHMENT.—There is established the Emergency Communications Preparedness Center (in this section referred to as the ‘Center’). ‘‘(b) OPERATION.— ‘‘(1) IN GENERAL.—The Secretary, the Chairman of the Federal Communication Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other Federal departments and agencies or 

their designees shall jointly operate the Center in accordance with the Memorandum of Understanding entitled, ‘Emergency Communications Preparedness 

Center (ECPC) Charter’. ‘‘(2) CHAIR.—The Secretary shall be the Chair of the Center. ‘‘(c) FUNCTIONS.—The Center shall— ‘‘(1) serve as the focal point for interagency efforts to address operable and 

interoperable communications; 

‘‘(2) serve as a clearinghouse with respect to all relevant information regarding intergovernmental efforts to achieve nationwide interoperable emergency 

communications capabilities; 

‘‘(3) ensure cooperation among the relevant Federal Government departments 

and agencies to improve effectiveness in the communication and implementation of the goals of the National Emergency Communications Strategy, including specifically by working to avoid duplication, hindrances, and counteractive 

efforts among the participating Federal departments and agencies; 

‘‘(4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding the efforts of Federal departments and agencies to implement 

the National Emergency Communications Strategy; and 

‘‘(5) perform such other functions as the President may assign. 

‘‘(d) REPORT.—Not later than 180 days after the date of the enactment of this section, the President shall transmit to the Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of 

the Center. 

‘‘SEC. 567. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES. 

‘‘(a) IN GENERAL.—The Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Defense, and with appropriate State, local, and tribal government officials, shall provide technical guidance, 

training, and other assistance, as appropriate, to support the rapid establishment 

of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other areas determined by the 

Secretary to be at consistently high levels of risk from terrorist attack. 

‘‘(b) MINIMUM CAPABILITIES.—The interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of govVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00029 Fmt 6659 Sfmt 6621 E:\HR\OC\HR712P1.XXX HR712P1

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ernment, emergency response providers, emergency support providers, the private 

sector, and other organizations with emergency response capabilities— ‘‘(1) to communicate with each other in the event of an emergency; 

‘‘(2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the National Security Intelligence Reform 

Act of 2004 (6 U.S.C. 321); and ‘‘(3) to be consistent with any applicable State or Urban Area homeland strategy or plan. 

‘‘SEC. 568. INTEGRATED NATIONAL ALERT AND WARNING SYSTEM. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for 

Emergency Communications, and in coordination with the head of any Federal department or agency that possesses or acquires alert and warning capabilities, including the Departments of Commerce and Defense and the Federal Communications Commission, shall develop, manage, operate, and coordinate an integrated national public alert and warning system that incorporates legacy systems. ‘‘(b) REQUIREMENTS.—Such system shall— ‘‘(1) be operational within 3 years of the date of enactment of this section; 

‘‘(2) ensure effective collaboration with State, local, and tribal governments; 

‘‘(3) complement and provide interoperability with State, local, and tribal public alert and warning systems; ‘‘(4) ensure the interoperability of commercially available equipment for radio 

and data communications systems; ‘‘(5) carry alert and warning messages for acts of terrorism, natural disasters, 

and other emergencies; ‘‘(6) conduct regular internal training and exercises on generating and disseminating public alert and warning messages; ‘‘(7) support public education and outreach to increase community awareness 

of the integrated national alert and warning system; ‘‘(8) incorporate, to the maximum extent possible, technologies and systems 

that warn and support the unique needs faced by persons with disabilities or 

language barriers; 

‘‘(9) develop public–private partnerships to—

‘‘(A) leverage government and industry needs, capabilities, and resources 

necessary to delivery effective disaster warnings; 

‘‘(B) facilitate the development, promulgation, and regular updating of national voluntary consensus standards for public alert and warning technologies; 

‘‘(C) identify, in consultation with the Assistant Secretary for Infrastructure Protection and the Assistant Secretary for Cybersecurity and Telecommunications, critical infrastructure and key resources necessary to provide accurate, survivable, and sustainable public alerts and warnings; 

‘‘(D) incorporate private sector threat information sharing into Federal, 

State, and local alert and warning systems; and 

‘‘(E) ensure continuity of operations plans are in place to minimize the 

disruption to communications infrastructure used for the dissemination of 

public alerts and warnings; 

‘‘(10) promulgate standard operating procedures and protocols for the integrated national public alert and warning system; and 

‘‘(11) identify and incorporate existing, new, and emerging technologies, including the utilization of both satellite and ground based alert and warning distribution networks to provide redundant, timely, and accurate public alerts and 

warnings. 

‘‘(c) IMPLEMENTATION PLAN.—The Secretary, acting through the Assistant Secretary for Emergency Communications, shall develop an implementation plan for 

this section within 180 days after the enactment of this section. 

‘‘Subtitle E—Emergency Logistics 

‘‘SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the Regional Directors, shall establish 

a Prepositioned Equipment Program to preposition standardized emergency equipment in selected geographic areas to sustain and replenish critical assets used by 

State, local, or tribal governments in response to, or rendered inoperable by the effects of, acts of terrorism, natural disasters, or other emergencies. 

‘‘(b) FORCE PACKAGES.—As part of the Program, the Secretary shall establish a 

number of force packages. Each force package shall—


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‘‘(1) contain preposition-standardized equipment and frequently used off-theshelf items; 

‘‘(2) be strategically located and maintained at logistics centers in no less than 

11 regions and, to the extent practicable, co-located with the push packages of 

the Strategic National Stockpile; 

‘‘(3) be rapidly deployable to any major population area within at least 12 

hours; and 

‘‘(4) be easily transportable by air, land, or water. 

‘‘(c) TYPES OF EQUIPMENT INCLUDED.—Each force package shall include—

‘‘(1) personal protective equipment; 

‘‘(2) detection equipment; 

‘‘(3) decontamination equipment; 

‘‘(4) search and rescue equipment; 

‘‘(5) medical equipment and supplies; 

‘‘(6) communications equipment; 

‘‘(7) mobile shelters; 

‘‘(8) mobile medical facilities; and 

‘‘(9) any additional devices, tools, supplies, and material most likely needed 

by initial on-scene emergency response providers. 

‘‘(d) SUPPORT TEAMS.—Each force package shall be staffed by qualified and 

trained personnel who reside in the region. Such personnel shall—

‘‘(1) be available to respond to emergencies when necessary; 

‘‘(2) provide life-cycle management and maintenance of equipment; and 

‘‘(3) perform associated logistics, including equipment maintenance and calibration. 

‘‘(e) PROCEDURES FOR DEPLOYMENT OF FORCE PACKAGES.—The Secretary, acting 

through the Under Secretary, shall deploy force packages to State, local, and tribal 

officials when—

‘‘(1) a State or local government entity, through the Governor of the State, 

or a tribal government entity, makes a request for the transfer deployment of 

a force package; and 

‘‘(2) the Under Secretary approves such request. 

‘‘(f) COORDINATION.—In carrying out the Prepositioned Equipment Program under 

this section, the Secretary shall coordinate with the Secretaries of Defense and 

Health and Human Services and with the heads of such other Federal departments 

and agencies as the Secretary determines are appropriate. 

‘‘SEC. 582. NATIONAL ASSET INVENTORY PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Under Secretary for 

Emergency Management and in coordination with the heads of other appropriate 

Federal departments and agencies, shall establish a National Asset Inventory Program for the purpose of managing and deploying Federal capabilities in response 

to acts of terrorism, natural disasters, and other emergencies. 

‘‘(b) INVENTORY.—In accordance with the requirements of section 611(h)(1)(C) of 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5196(h)(1)(C)), the National Asset Inventory Program shall develop and maintain an 

inventory of Federal response capabilities and corresponding assets and resources. 

Such inventory shall include—

‘‘(1) the performance parameters of each capability; 

‘‘(2) the timeframe within which each capability can be available for deployment to an incident; 

‘‘(3) the readiness of each capability to respond to domestic incidents; and 

‘‘(4) the availability of such capability. 

‘‘(c) MILITARY CAPABILITIES.—The Secretary of Defense shall provide to the Secretary a description of the functions and capabilities of any entity of the Department 

of Defense that may be used to provide support to civil authorities in responding 

to acts of terrorism, natural disasters, or other emergencies. 

‘‘(d) DATABASE.—The Secretary, acting through the Under Secretary for Emergency Management, shall establish an inventory database to allow—

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

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

‘‘(3) the sharing of inventories across jurisdictions. 

‘‘(e) FORCE PACKAGES.—The Secretary, acting though the Under Secretary for 

Emergency Management, shall certify on an annual basis that Federal departments 

and agencies with primary or supporting agency responsibilities under an emergency support function of the National Response Plan have developed and maintained force packages of rapidly deployable Federal capabilities. 


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‘‘(f) LOGISTICS SUPPORT CENTERS.—The Secretary, acting through the Under Secretary and in coordination with other Federal departments and agencies and State, 

local, and tribal governments, shall identify physical locations in selected geographic 

areas that could be used as logistics support centers for receiving, staging, and integrating Federal capabilities in the event of acts of terrorism, natural disasters, and 

other emergencies. 

‘‘(g) COORDINATION.—In carrying out the activities of the program under this section, the Under Secretary shall consult with the Administrator of the Emergency 

Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. 

‘‘SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO MAJOR 

DISASTERS AND EMERGENCY ASSISTANCE ACTIVITIES. 

‘‘(a) ESTABLISHMENT OF DATABASE.—The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the Regional Directors 

under section 504, shall establish and maintain a database that contains information about small business entities for purposes of Federal contracting related to assistance activities conducted in response to and recovery from acts of terrorism, natural disasters, and other emergencies. 

‘‘(b) INCLUDED INFORMATION.—The database under subsection (a) shall include the 

following information about each small business entity included in the database: 

‘‘(1) The name of the small business entity. 

‘‘(2) The location of the small business entity. 

‘‘(3) The area served by the small business entity. 

‘‘(4) The type of good or service provided by the small business entity. 

‘‘(5) Whether the small business entity is—

‘‘(A) a small business entity owned and controlled by socially and economically disadvantaged individuals; 

‘‘(B) a small business entity owned and controlled by women; or 

‘‘(C) a small business entity owned and controlled by service-disabled veterans. 

‘‘(c) SOURCE OF INFORMATION.—

‘‘(1) SUBMISSION.—The database may only contain such information about a 

small business entity as is submitted by the small business entity. 

‘‘(2) ATTESTATION.—Each small business entity submitting information to the 

database shall submit—

‘‘(A) an attestation that the information submitted is true; and 

‘‘(B) documentation supporting such attestation. 

‘‘(3) VERIFICATION.—The Secretary shall verify only that the documentation 

submitted by each small business entity supports the information submitted by 

that small business entity. 

‘‘(d) AVAILABILITY OF DATABASE.—The Secretary shall make the database generally available on the Internet website of the Department. 

‘‘(e) CONSULTATION OF DATABASE.—Before awarding a Federal contract for a disaster-related activity, a component of the Department shall consult the database established under this section. 

‘‘(f) DATABASE INTEGRATION.—The Secretary shall integrate the database established under this section into any other procurement-related database maintained 

by the Secretary. 

‘‘(g) DEFINITIONS.—For purposes of this section, the terms ‘small business entity’, 

‘small business entity owned and controlled by socially and economically disadvantaged individuals’, ‘small business entity owned and controlled by women’, and 

‘small business entity owned and controlled by service-disabled veterans’ shall have 

the meanings given the terms ‘small business concern’, ‘small business concern 

owned and controlled by socially and economically disadvantaged individuals’, ‘small 

business concern owned and controlled by women’, and ‘small business concern 

owned and controlled by service-disabled veterans’ respectively under the Small 

Business Act (15 U.S.C. 631 et seq.). 

‘‘SEC. 584. FRAUD PREVENTION TRAINING PROGRAM. 

‘‘(a) TRAINING PROGRAM REQUIRED.—The Secretary, acting through the Under 

Secretary for Emergency Management, shall develop and implement a program to 

provide training on the prevention of waste, fraud, and abuse of Federal assistance 

funds and services during the response to or recovery from acts of terrorism, natural 

disasters, or other emergencies and ways to identify such potential waste, fraud, 

and abuse. 

‘‘(b) INDIVIDUALS ELIGIBLE FOR TRAINING.—Under the training program required 

under subsection (a), the Secretary may provide training to—

‘‘(1) employees, contractors, and volunteers of the Federal Government; 


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‘‘(2) employees and volunteers of any State, local, or tribal government entity; 

and 

‘‘(3) employees and volunteers of nonprofit organizations that assist in the administration of Federal assistance funds and services provided in response to 

acts of terrorism, natural disasters, or other national emergencies. 

‘‘(c) INFORMATION SHARING.—Any State, local, or tribal government entity or nonprofit entity that provides Federal assistance funds or services to individuals affected by acts of terrorism, natural disasters, or other emergencies may share information with the Federal Government, in a manner consistent with Federal Privacy 

Act protections, about any recipient of such assistance, at the request of the head 

of a Federal department or agency, for the purpose of preventing fraud and abuse 

of Federal assistance. 

‘‘SEC. 585. PRE-NEGOTIATED CONTRACTS FOR DELIVERY OF GOODS AND SERVICES AFTER 

EMERGENCIES. 

‘‘(a) IN GENERAL.—The Undersecretary for Emergency Management, in accordance 

with the process for coordinated, pre-negotiated contracts established pursuant to 

section 504(e)(7)(E), shall have, and may delegate to any Regional Director for 

Emergency Management, the authority to enter into contracts for the delivery of 

necessary goods or services relating to the response to or recovery from acts of terrorism, natural disasters, or other emergencies affecting the geographical area 

served by the Regional Office of that Regional Director. 

‘‘(b) NECESSARY GOODS AND SERVICES.—The necessary goods and services referred 

to in subsection (a) include the following: 

‘‘(1) Debris removal and other disaster clean-up needs. 

‘‘(2) The provision of food, water, ice, and first aid supplies. 

‘‘(3) Meals-ready-to-eat. 

‘‘(4) The provision of such other goods and services as determined appropriate 

by the each Regional Director in coordination with the applicable Regional Advisory Council on Emergency Management. 

‘‘(c) PREFERENCE FOR CONTRACTS WITH SMALL BUSINESSES.—To the greatest extent practicable, in entering into a contract under subsection (a), the Under Secretary, or the relevant delegated Regional Director for Emergency Management, 

shall give a preference to a small business entity, as that term is defined in section 

583. 

‘‘(d) COMPETITIVE PROCEDURES.—In entering into a contract under this section, 

the Under Secretary, or the relevant delegated Regional Director for Emergency 

Management, shall use competitive procedures, to the maximum extent practicable, 

except as otherwise provided by law. 

‘‘(e) CONSULTATION WITH OTHER FEDERAL DEPARTMENTS AND AGENCIES.—The 

Under Secretary, or the relevant delegated Regional Director for Emergency Management, shall consult with the head of a Federal department or agency with respect to any contract entered into by the head of such department or agency using 

funds made available for preparedness, mitigation, response, and recovery with respect to acts of terrorism, natural disasters, and other emergencies. 

‘‘(f) RELATIONSHIP TO FEDERAL ASSISTANCE.—In the case of a contract that has 

been negotiated by the relevant Regional Director for Emergency Management acting under authority delegated by the Under Secretary, the existence of a contract 

entered into under this section shall not prevent a State, local, or tribal government 

from receiving or using Federal assistance for the provision of necessary goods and 

services relating to response or recovery. 

‘‘Subtitle F—Infrastructure Protection and 

Cybersecurity 

‘‘SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION. 

‘‘(a) IN GENERAL.—There is in the Department an Office of Infrastructure Protection under the authority of the Under Secretary for Emergency Management. 

‘‘(b) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—The head of the 

Office shall be the Assistant Secretary for Infrastructure Protection. The Assistant 

Secretary shall report directly to the Under Secretary for Emergency Management. 

‘‘(c) RESPONSIBILITIES OF THE ASSISTANT SECRETARY.—The Assistant Secretary 

shall carry out the responsibilities of the Department regarding infrastructure protection. Such responsibilities shall include the following: 

‘‘(1) To identify and carry out comprehensive risk assessments of key resources and critical infrastructure of the United States, to determine the risks 

posed by particular types of terrorist attacks within the United States (includVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00033 Fmt 6659 Sfmt 6621 E:\HR\OC\HR712P1.XXX HR712P1

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ing an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). ‘‘(2) To develop and maintain a comprehensive national plan for securing the 

key resources and critical infrastructure of the United States, in accordance 

with Homeland Security Presidential Directive 7. ‘‘(3) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other Federal Departments and agencies and in consultation with State, local, and tribal government agencies and authorities, and the private sector. ‘‘(4) To assess the preparedness capabilities of critical infrastructure to mitigate against, respond to, and recover from acts of terrorism and other catastrophic emergencies, including natural disasters. ‘‘(5) To coordinate and implement, as appropriate, preparedness efforts to ensure that critical infrastructure and key resources efforts are fully integrated 

and coordinated with the response and recovery activities of the Department. ‘‘(6) To establish and maintain partnerships and information sharing processes with Federal, State, local, and tribal governments, the private sector, and 

international governments and organizations to enhance coordination of critical 

infrastructure and key resource efforts. ‘‘(7) To coordinate with the Under Secretary for Intelligence and Analysis and 

elements of the intelligence community and with Federal, State, local, and tribal law enforcement agencies, and the private sector, as appropriate. 

‘‘(8) To provide the Secretary with an annual summary of national critical infrastructure protection efforts and priorities and to provide, in consultation with 

the Assistant Secretary for Grants and Planning, recommendations for Federal 

critical infrastructure protection funding. 

‘‘(9) In carrying out responsibilities under paragraphs (1) and (2), to consult 

with other Federal, State, local, and tribal government agencies and authorities 

as appropriate. 

‘‘(10) To perform other such duties relating to such responsibilities as the Secretary may provide. 

‘‘(d) INTEGRATION CENTER.—

‘‘(1) IN GENERAL.—There is an Integration Center in the Office of Infrastructure Protection, which shall be staffed by the Office of Infrastructure Protection, 

the Office of Cybersecurity and Telecommunications, and the Office of Intelligence and Analysis. 

‘‘(2) RESPONSIBILITIES.—The Integration Center shall—

‘‘(A) be responsible for the integration of relevant threat, consequence, 

and vulnerability information, analysis, and assessments (whether such information, analysis, or assessments are provided or produced by the Department or others) in order to identify priorities for protective and support 

measures by the Department, other Federal departments and agencies, 

State, local, and tribal government agencies and authorities, the private 

sector, and other entities; and 

‘‘(B) develop and disseminate analytical products that combine homeland 

security information with critical infrastructure and key resource vulnerability and consequence information. 

‘‘(3) CRITICAL INFRASTRUCTURE INFORMATION.—The Secretary shall ensure 

that the Department makes full and efficient use of open-source information to 

analyze United States critical infrastructure from the perspective of terrorists 

using publicly available information. 

‘‘(e) STAFF.—

‘‘(1) IN GENERAL.—The Secretary shall ensure that the Office has staff that 

possess appropriate expertise and experience to assist the Assistant Secretary 

in discharging responsibilities under this section. 

‘‘(2) PRIVATE SECTOR STAFF.—Staff under this subsection may include individuals from the private sector. 

‘‘(3) SECURITY CLEARANCES.—Staff under this subsection shall possess security 

clearances appropriate for their work under this section. 

‘‘(f) DETAIL OF PERSONNEL.—

‘‘(1) IN GENERAL.—In order to assist the Office in discharging responsibilities 

under this section, personnel of other Federal departments and agencies may 

be detailed to the Department for the performance of analytic functions and related duties. 

‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary and the head of the Federal 

department or agency concerned may enter into cooperative agreements for the 

purpose of detailing personnel under this subsection. 

‘‘(3) BASIS.—The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis. 


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‘‘(g) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual 

Homeland Security Appropriations Act relating to the reprogramming or transfer of 

funds. 

‘‘SEC. 592. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS. 

‘‘(a) IN GENERAL.—There is in the Department an Office of Cybersecurity and 

Telecommunications under the authority of the Under Secretary for Emergency 

Management. 

‘‘(b) ASSISTANT SECRETARY FOR CYBERSECURITY AND TELECOMMUNICATIONS.—The 

head of the Office shall be the Assistant Secretary for Cybersecurity and Telecommunications. The Assistant Secretary shall report directly to the Under Secretary for Emergency Management. 

‘‘(c) RESPONSIBILITIES OF ASSISTANT SECRETARY.—The Assistant Secretary shall 

carry out the responsibilities of the Department regarding cybersecurity and telecommunications. Such responsibilities shall include the following: 

‘‘(1) To establish and manage—

‘‘(A) a national cybersecurity response system that includes the ability 

to—

‘‘(i) analyze the effect of cybersecurity threat information on national 

critical infrastructure identified under Homeland Security Presidential 

Directive 7; and 

‘‘(ii) aid in the detection and warning of potential vulnerability or attack that could cause widespread disruption, and in the restoration of, 

cybersecurity infrastructure in the aftermath of such attacks; 

‘‘(B) a national cybersecurity threat and vulnerability reduction program 

that facilitates and coordinates with businesses and organizations to conduct risk assessments on information technology and deal with 

vulnerabilities that would have a national effect on critical infrastructure 

and that coordinates the mitigation of such vulnerabilities; 

‘‘(C) a continuity of operations program to plan and allocate resources for 

the continuation of critical information operations in the event of a large 

scale disruption of the information infrastructure and to coordinate a response; 

‘‘(D) a reconstitution program to ensure that priorities, procedures, and 

resources are in place to reconstitute information infrastructures in the government and private sector that are critical to the orderly functioning of the 

economy, health of the population, and national security; 

‘‘(E) a resiliency program that will support basic and fundamental research to improve the reliability of network protocols as well as provide for 

reasonable security controls and that will work with the private sector to 

improve the security of key network protocols and develop more secure, reliable successors; 

‘‘(F) a national public-private cybersecurity awareness, training, and education program that promotes Internet security awareness among all 

enduser groups, including the education community, students, businesses, 

and government entities, and helps coordinate cybersecurity awareness initiatives; 

‘‘(G) a Government cybersecurity program to coordinate and consult with 

Federal, State, and local governments to enhance their cybersecurity programs; and 

‘‘(H) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity 

awareness and cooperation. 

‘‘(2) To coordinate and to leverage existing efforts within the private sector 

on the program under paragraph (1) as appropriate and to promote 

cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. 

‘‘(3) To coordinate with other directorates and offices within the Department 

and with other Federal agencies, as appropriate, on the cybersecurity aspects 

of their missions. 

‘‘(4) To carry out, in coordination with the Assistant Secretary for Emergency 

Communications, as appropriate, the duties of the National Communications 

System. 

‘‘(5) To coordinate with the Under Secretary to ensure that the National Response Plan developed includes appropriate measures for the recovery of the 

cybersecurity elements of critical infrastructure. 

‘‘(6) To develop processes for information sharing with the private sector, consistent with section 214, that—


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‘‘(A) promote voluntary cybersecurity best practices, standards, and 

benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and ‘‘(B) consider roles of Federal, State, local, and foreign governments, appropriate standards bodies, and the private sector, including the insurance 

industry and auditors. ‘‘(7) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing 

processes, including with respect to the Department’s operation centers. ‘‘(8) To consult with the Electronic Crimes Task Force of the United States 

Secret Service on private sector outreach and information activities. ‘‘(9) To consult with the Office for Training and Exercises to ensure that realistic cybersecurity scenarios are incorporated into training exercises, including 

tabletop and recovery exercises. ‘‘(10) To consult and coordinate with the Assistant Secretary for Infrastructure Protection, the Under Secretary for Science and Technology, and, where 

appropriate, with other relevant Federal departments and agencies, on the security of digital control systems, such as Supervisory Control and Data Acquisition systems. ‘‘(11) To consult and coordinate with the Under Secretary for Science and 

Technology on cybersecurity research and development requirements. ‘‘(d) ANNUAL REPORT.—The Secretary shall submit to Congress an annual report 

on the programs under this section and the specific funding requirements of each 

priority and objective of the Secretary with respect to such programs. For each priority or objective the Secretary shall describe how the private sector is involved in 

each such program. ‘‘(e) DEADLINE FOR NOMINATION.—Not later than 90 days after the date of the enactment of this section, the President shall nominate an individual to serve as the 

Assistant Secretary for Cybersecurity and Telecommunications. ‘‘(f) STAFF.— ‘‘(1) IN GENERAL.—The Secretary shall provide the Office with staff having appropriate expertise and experience to assist the Assistant Secretary in discharging responsibilities under this section. ‘‘(2) SECURITY CLEARANCES.—Staff under this subsection shall possess security 

clearances appropriate for their work under this section. ‘‘(g) DETAIL OF PERSONNEL.— ‘‘(1) IN GENERAL.—In order to assist the Office in discharging responsibilities 

under this section, personnel of other Federal departments and agencies may 

be detailed to the Department for the performance of analytic functions and related duties. ‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary and the head of the Federal 

department or agency concerned may enter into cooperative agreements for the 

purpose of detailing personnel under this subsection. ‘‘(3) BASIS.—The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis. ‘‘(h) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual 

Homeland Security Appropriations Act relating to the reprogramming or transfer of 

funds.’’. (b) CLERICAL AMENDMENT.—The items relating to title V in the table of contents 

in section 1(b) of the Homeland Security Act of 2002 are amended to read as follows: 

‘‘TITLE V—EMERGENCY MANAGEMENT 

‘‘Subtitle A—Directorate of Emergency Management 

‘‘Sec. 501. Directorate of Emergency Management. 

‘‘Sec. 502. Responsibilities of the Under Secretary. 

‘‘Sec. 503. Principal advisor on emergency management. 

‘‘Sec. 504. Regional offices. 

‘‘Sec. 505. Chief Medical Officer. 

‘‘Sec. 506. National Biosurveillance Integration System. 

‘‘Sec. 507. Office of State, Local, and Tribal Government Coordination. 

‘‘Sec. 508. Office of National Capital Region Coordination. 

‘‘Sec. 509. National Advisory Council on Emergency Management. 

‘‘Sec. 510. Reorganization of Directorate. 

‘‘Subtitle B—Emergency Preparedness 

‘‘Sec. 521. Office of Grants and Planning. 

‘‘Sec. 522. Office of Training and Exercises. 

‘‘Sec. 523. Essential capabilities. 

‘‘Sec. 524. Catastrophic planning. 

‘‘Sec. 525. System assessment and validation for emergency responders program. 

‘‘Sec. 526. Homeland Security Education Program. 

‘‘Sec. 527. Office of Public and Community Preparedness. 


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‘‘Subtitle C—Emergency Response 

‘‘Sec. 541. National incident management system and national response plan integration center. 

‘‘Sec. 542. Use of national private sector networks in emergency response. 

‘‘Sec. 543. Nuclear incident response. 

‘‘Sec. 544. National urban search and rescue response system. 

‘‘Sec. 545. Metropolitan Medical Response System. 

‘‘Sec. 546. Emergency Management Assistance Compact authorization. 

‘‘Subtitle D—Emergency Communications 

‘‘Sec. 561. Office of Emergency Communications. 

‘‘Sec. 562. National emergency communications strategy. 

‘‘Sec. 563. Assessments and reports. 

‘‘Sec. 564. Coordination of Federal emergency communications grant programs. 

‘‘Sec. 565. Regional emergency communications coordination. 

‘‘Sec. 566. Emergency Communications Preparedness Center. 

‘‘Sec. 567. Urban and other high risk area communications capabilities. 

‘‘Sec. 568. Integrated national alert and warning system. 

‘‘Subtitle E—Emergency Logistics 

‘‘Sec. 581. Prepositioned equipment program. 

‘‘Sec. 582. National Asset Inventory Program. 

‘‘Sec. 583. Small business database for Federal contracting related to major disasters and emergency assistance 

activities. 

‘‘Sec. 584. Fraud prevention training program. 

‘‘Sec. 585. Pre-negotiated contracts for delivery of goods and services after emergencies. 

‘‘Subtitle F—Infrastructure Protection and Cybersecurity 

‘‘Sec. 591. Office of Infrastructure Protection. 

‘‘Sec. 592. Office of Cybersecurity and Telecommunications.’’. 

SEC. 102. GULF COAST LONG-TERM RECOVERY OFFICE. 

(a) ESTABLISHMENT.—The Secretary of Homeland Security shall establish in the 

Department of Homeland Security a Gulf Coast Long-Term Recovery Office to administer amounts available to the Department for providing assistance to the residents of the Gulf Coast region for recovering from Hurricanes Katrina and Rita. 

(b) DIRECTOR.—The Office shall be headed by a Director, who shall be appointed 

by the Secretary of Homeland Security. 

(c) RESPONSIBILITIES.—The Director of the Gulf Coast Long-Term Recovery Office 

shall work with State, local, and tribal governments, the private sector, and nongovernmental organizations, including faith-based and other community humanitarian relief entities, to provide assistance to residents of the Gulf Coast region for 

recovering from Hurricanes Katrina and Rita, including the following: 

(1) To assess the social and economic consequences in the areas affected by 

Hurricanes Katrina and Rita and coordinate Federal efforts to address longterm community recovery issues. 

(2) To advise the Secretary of Homeland Security on the long-term community 

recovery implications of response activities. 

(3) To conduct comprehensive market disruption and loss analysis and develop a forward looking market-based comprehensive long-term recovery plan 

for the affected areas. 

(4) To identify appropriate Federal programs and agencies to support the implementation of the long-term community recovery plan, to ensure coordination 

across appropriate Federal departments and agencies, and to identify any gaps 

in the available resources. 

(5) To avoid duplication of assistance, to coordinate, to the extent possible, 

program application processes and planning requirements in order to streamline assistance, and to identify and coordinate the resolution of policy and program issues. 

(6) To determine responsibilities for recovery activities, to provide a method 

of maintaining continuity in the delivery of assistance under programs administered by various Federal departments and agencies, and to oversee coordination 

with State, local, and tribal governments and other involved parties, to ensure 

follow-through of recovery and hazard mitigation efforts. 

(7) To encourage implementation of mitigation measures during recovery. 

(8) To carry out such other activities as determined appropriate by the Secretary of Homeland Security. 

(d) TERMINATION.—The Gulf Coast Long-Term Recovery Office established under 

subsection (a) shall terminate at the discretion of the Secretary. 

SEC. 103. NATIONAL DISASTER MEDICAL SYSTEM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 2811 of the Public Health Service Act (42 U.S.C. 300hh–11), as added by section 102 of the Public Health Security 

and Bioterrorism Preparedness and Response Act of 2002 (116 Stat. 599), is amended in subsection (h) by striking ‘‘such sums’’ and all that follows and inserting 

‘‘$85,000,000 for each of the fiscal years 2007 through 2010.’’. 


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(b) REPORT.—Not later than 9 months after the date of the enactment of this Act, 

the Chief Medical Officer of the Department of Homeland Security, in consultation 

with the Under Secretary for Emergency Management, shall submit to Congress a 

report that provides—

(1) an assessment of the need to expand the National Disaster Medical System, including an examination of the feasibility of maintaining a full time, nonvolunteer operational unit or units; 

(2) an evaluation of the relationship between the National Disaster Medical 

System and the Metropolitan Medical Response System; 

(3) an assessment of the coordination between the Department and the Department of Health and Human Services during deployment; and 

(4) an evaluation of whether the National Disaster Medical System should remain in the Department and, if not, which Department should have responsibility. 

SEC. 104. OFFICE OF INTEROPERABILITY AND COMPATIBILITY. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 

et seq.) is amended by adding at the end the following: 

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

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

‘‘(1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) 

of section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act 

of 2004 (6 U.S.C. 194(a)(1)); 

‘‘(2) support the creation of national voluntary consensus standards for interoperable emergency communications; 

‘‘(3) establish a comprehensive research, development, testing, and evaluation 

program for improving interoperable emergency communications; 

‘‘(4) establish requirements for total and nonproprietary interoperable emergency communications capabilities for all public safety radio and data communications systems and equipment; 

‘‘(5) evaluate and validate new technology concepts in real-world environments to achieve interoperable emergency communications capabilities; 

‘‘(6) encourage more efficient use of existing resources, including equipment 

and spectrum, to achieve interoperable emergency communications capabilities; 

‘‘(7) test and deploy public safety communications systems that are less prone 

to failure, support new nonvoice services, consume less spectrum, and cost less 

than existing systems; and 

‘‘(8) work with the private sector to develop solutions to improve emergency 

communications capabilities and achieve interoperable emergency communications capabilities. 

‘‘(b) COORDINATION.—The Director shall coordinate with the Assistant Secretary 

for Emergency Communications with respect to the SAFECOM program. 

‘‘(c) SUFFICIENCY OF RESOURCES.—The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting at the end of the items relating to title III the following: 

‘‘Sec. 314. Office of Interoperability and Compatibility.’’. 

SEC. 105. INTELLIGENCE ANALYSTS. 

(a) IN GENERAL.—Financial assistance provided to State, local, and tribal governments by the Secretary of Homeland Security for prevention activities may be used 

by the State, local, or tribal government to hire new staff and contractors to serve 

as intelligence analysts to facilitate information and intelligence sharing activities. 

(b) QUALIFICATIONS.—An individual shall successfully complete training to ensure 

baseline proficiency in intelligence analysis and production before the individual 

may serve as an intelligence analyst or as a staff intelligence employee or contractor. 

(c) EFFECTIVE DATE.—The requirements under subsection (b) shall apply with respect to an individual hired after the date of the enactment of this Act. 

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

(a) REDESIGNATION OF DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.—Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 

121) is amended—

(1) in subsection (a)(1)—


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(A) by striking ‘‘a Directorate for Information Analysis and Infrastructure 

Protection’’ and inserting ‘‘an Office of Intelligence and Analysis’’; and 

(B) by striking ‘‘an Under Secretary for Information Analysis and Infrastructure Protection’’ and inserting ‘‘an Under Secretary for Intelligence 

and Analysis’’; 

(2) by striking subsection (b) and redesignating subsections (c) through (g) as 

subsections (b) through (f), respectively; 

(3) in subsection (b), as so redesignated— (A) by striking ‘‘and infrastructure protection’’ and inserting ‘‘and intelligence’’; and 

(B) by striking ‘‘the Under Secretary for Information Analysis and Infrastructure Protection’’ and inserting ‘‘the Under Secretary for Intelligence 

and Analysis’’; 

(4) in subsection (c), as so redesignated— (A) by striking ‘‘the Under Secretary for Information Analysis and Infrastructure Protection’’ and inserting ‘‘the Under Secretary for Intelligence 

Analysis’’; 

(B) by striking paragraphs (2), (5), and (6), and redesignating paragraphs 

(3), (4), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), and (19) 

as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), 

and (16), respectively; 

(C) in paragraph (2), as so redesignated, by striking ‘‘To integrate’’ and 

inserting ‘‘To participate in the integration of’’; and 

(D) in paragraph (14), as so redesignated, by inserting ‘‘the Assistant Secretary for Infrastructure Protection and’’ after ‘‘coordinate with’’; 

(5) in subsections (d) and (e), as redesignated by subsection (a)(2), by striking ‘‘Directorate’’ each place it appears and inserting ‘‘Office’’; and 

(6) in subsection (f), as redesignated by subsection (a)(2), by striking ‘‘, for assignment to the Under Secretary for Information Analysis and Infrastructure 

Protection under this section,’’. (b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) HOMELAND SECURITY ACT OF 2002.—The Homeland Security Act of 2002 is 

amended— (A) in section 103(a)(2) (6 U.S.C. 113(a)(2)), by striking ‘‘Information 

Analysis and Infrastructure Protection’’ and inserting ‘‘Intelligence and 

Analysis’’; 

(B) in section 223 (6 U.S.C. 123), by striking ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’ and inserting ‘‘Assistant 

Secretary for Infrastructure Protection’’; 

(C) in section 224 (6 U.S.C. 144), by striking ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’ and inserting ‘‘Assistant 

Secretary for Cybersecurity and Telecommunications’’; and 

(D) in section 302(3) (6 U.S.C. 182(3)), by striking ‘‘Under Secretary for 

Information Analysis and Infrastructure Protection’’ and inserting ‘‘Under 

Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection’’. (2) SECTION 201.— (A) The heading for section 201 of the Homeland Security Act of 2002 (6 

U.S.C. 121) is amended to read as follows: 

‘‘SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.’’. 

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

‘‘Sec. 201. Office of Intelligence and Analysis.’’. 

(C) The heading for subsection (a) of section 201 of such Act (6 U.S.C. 

121) is amended to read as follows: ‘‘UNDER SECRETARY OF HOMELAND SECURITY FOR INTELLIGENCE AND ANALYSIS.—’’. 

(D) The heading for subsection (b) of section 201 of such Act (6 U.S.C. 

121), as redesignated by subsection (a)(2) of this section, is amended to read 

as follows: ‘‘DISCHARGE OF INTELLIGENCE AND ANALYSIS.—’’. 

(3) NATIONAL SECURITY ACT OF 1947.—Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403–6(b)(2)(I)) is amended to read as follows: 

‘‘(I) The Under Secretary of Homeland Security for Intelligence and Analysis.’’. 

(4) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—Section 

7306(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 

(Public Law 108–458; 118 Stat. 3848) is amended by striking ‘‘Under Secretary 

for Information Analysis and Infrastructure Protection’’ and inserting ‘‘Under 

Secretary for Intelligence and Analysis’’. 


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

ORGANIZATIONAL REFORMS. 

(a) STUDY REQUIRED.—Subject to the availability of appropriations, the Secretary 

of Homeland Security shall enter into an arrangement with the National Academy 

of Public Administration to conduct a study of the implementation of the organizational changes to the Department of Homeland Security made by this Act and the 

amendments made by this Act. Under the arrangement, the Academy shall provide 

assistance in the creation and implementation of the Directorate of Emergency Management. 

(b) DEADLINE FOR BEGINNING OF STUDY.—The study required under this section 

shall begin not later than two months after the date of the enactment of this Act. 

(c) TERMINATION.—The study required under this section shall end not later than 

the date that is one year after the date of the enactment of this Act. 

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

(a) INITIAL REPORT REQUIRED.—Not later than 60 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress an initial report 

on the overall inventory and status of training programs for emergency response 

providers in the Department of Homeland Security and other Federal departments 

and agencies and the extent to which such programs are coordinated. 

(b) FINAL REPORT REQUIRED.—Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a final report 

on homeland security training that includes the following: 

(1) An assessment of the effectiveness of the structure and organization of 

training programs for emergency response providers in the Department of 

Homeland Security and other Federal departments and agencies. 

(2) Recommendations to—

(A) improve the coordination, structure, and organization of such training 

programs; and 

(B) increase the availability of training to emergency response providers 

who are not able to attend centralized training programs; 

(3) A description of the structure and organizational effectiveness of such programs for emergency response providers in rural communities. 

(4) An identification of any duplication or redundancy among such programs. 

(5) A description of the use of State and local training institutions, universities, centers, the National Domestic Preparedness Consortium, and other national training programs funded by the Department of Homeland Security, in 

designing and providing training. 

(6) A cost-benefit analysis of the costs and time required for emergency response providers to participate in training courses at Federal institutions. 

(7) An assessment of the approval process for certifying training courses that 

are not administered by the Department of Homeland Security and that are 

useful for anti-terrorism purposes and eligible for grants awarded by the Department. 

(8) A description of the use of Department of Homeland Security grant funds 

by State, local, and tribal governments to acquire training. 

(9) An analysis of the feasibility of Federal, State, local, and tribal government personnel receiving the training that is necessary to adopt the National 

Response Plan and the National Incident Management System of the Department of Homeland Security. 

(10) A description of the role of each training institution within the Department of Homeland Security in the design and implementation of emergency preparedness and related training courses for emergency response providers. 

SEC. 109. GRANTS FOR TRAINING AND EXERCISES TO ASSIST PUBLIC ELEMENTARY AND SECONDARY SCHOOLS. 

(a) IN GENERAL.—Financial assistance provided by the Secretary of Homeland Security to a State, local, or tribal government under a program described in subsection (b) may be used by the State, local, or tribal government to provide training 

or exercises to assist public elementary and secondary schools in developing and implementing programs to instruct students with respect to age-appropriate skills to 

prevent, prepare for, respond to, mitigate against, or recover from acts of terrorism, 

natural disasters, and other emergencies. 

(b) PROGRAMS DESCRIBED.—The programs referred to in subsection (a) are the following: 

(1) The State Homeland Security Grant program. 

(2) The Urban Area Security Initiative. 

(3) The Law Enforcement Terrorism Prevention Program. 


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SEC. 110. SENSE OF CONGRESS ON THE PROJECT 25 CONFORMITY ASSESSMENT PROJECT. 

It is the sense of Congress that in carrying out the responsibilities and authorities 

of the Department of Homeland Security relating to the SAFECOM Program, the 

Assistant Secretary of Homeland Security for Emergency Communications should 

work with the National Institute of Standards and Technology for the purpose of 

implementing, as soon as possible, the Project 25 Compliance Assessment Program. 

SEC. 111. NATIONAL PANDEMIC INFLUENZA EXERCISE. 

(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this 

Act, the Secretary of Homeland Security, acting through the Assistant Secretary of 

Homeland Security for Training and Exercises, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in cooperation with the 

Secretary of Health and Human Services, the Secretary of Defense, the Secretary 

of Agriculture, and the heads of all other Federal, State, and local government agencies responsible for pandemic influenza preparedness and response shall conduct a 

full-scale, national exercise to test the effectiveness and implementation of the National Strategy for Pandemic Influenza. 

(b) SCENARIOS.—In carrying out the national exercise under subsection (a), the 

Secretary of Homeland Security shall use the following scenarios: 

(1) The introduction of highly pathogenic H5N1 influenza into the domestic 

poultry supply by transmission from migratory wild birds. The same transmission and mortality/morbidity characteristics as the strain existing as of May 

2006 shall be assumed. No human-to-human transmission may be assumed, but 

bird-to-human transmission shall be assumed possible with the same level of 

probability as the existing strain. 

(2) The introduction of a strain of virus mutated from H5N1 that is transmissible from human to human with the same efficiency as seasonal influenza 

and the morbidity/mortality characteristics of the 1918 outbreak of influenza 

commonly referred to as the Spanish flu. 

(c) NATURE OF EXERCISE.—The national exercise under subsection (a) shall be as 

realistic as possible, as provided in subsection (e), and may not be conducted as a 

table-top exercise. 

(d) PARTICIPATION.—The national exercise under subsection (a) shall involve all 50 

States, and all counties and cities within the States. 

(e) PLANNING ASSUMPTIONS.—In carrying out the national exercise under subsection (a), the Secretary shall make the following assumptions: 

(1) Only medical supplies that are available or could be manufactured at the 

time of the exercise may be used. The Secretary may not assume that the Federal Government possesses more vaccine, medicine, or medical supplies than is 

held in the stockpile under section 319F–2 of the Public Health Service Act at 

such time, and may not assume that the Federal Government can make more 

vaccine, medicine, or medical supplies than the production capacity that exists 

as of such time. 

(2) Medical facilities may only provide the amount of space, personnel, and 

medical supplies identified at the time the exercise is conducted, but the Secretary may use facilities other than medical facilities for medical purposes. 

SEC. 112. PUBLIC-PRIVATE SECTOR PLANNING AND RESPONSE PILOT PROGRAM. 

(a) IN GENERAL.—Under Secretary of Homeland Security for Emergency Management shall direct the Regional Director for Emergency Management for a region 

having significant risk of both terrorism and catastrophic national disaster to establish a public-private sector planning and response pilot program, under which the 

Regional Director shall designate emergency managers and private sector individuals to identify for the region a network of critical resources and key individuals 

in accordance with subsection (b). 

(b) NETWORK FEATURES.—The network shall consist of—

(1) critical resources that can be activated immediately for emergency response in the region, including preparation of a specific list of items, their locations, and logistics managers to provide them; and 

(2) key individuals who know how to reach each other in a crisis, and have 

backup communications plans if primary communications systems fail. 

(c) INCLUDED CRITICAL RESOURCES.—The critical resources identified under subsection (b) shall include the following: 

(1) Communications experts and equipment, including a corps of technology 

experts who can surge when and where needed to provide both equipment and 

expertise to fix and build communications systems. 

(2) Food and water, including both at stationery locations and mobile capabilities. 

(3) Construction equipment and personnel. 


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(4) Medical care facilities and medical corps to treat non-life threatening injuries. 

(5) Transportation resources, including buses, trains, trucks, helicopters, and 

amphibious vehicles. 

(d) PROGRAM FEATURES.—Under Secretary for Emergency Management shall ensure that the pilot program—

(1) has built-in flexibility to ensure the utilization of additional private sector 

offers of assistance and identification of new vital resources that were not anticipated in advance; and 

(2) is implemented in accordance with a concise, user-friendly plan under 

which the Regional Director can expeditiously and efficiently activate the network identified under subsection (b) at the time the Under Secretary for Emergency Management declares an incident of national significance. 

(e) PROTOCOLS.—Under Secretary for Emergency Management shall establish protocols for the pilot program by not later than 180 days after the establishment of 

the program under subsection (a). 

(f) INTENT OF CONGRESS.—The Congress—

(1) does not intend in this section that the Directorate of Emergency Management of the Department of Homeland Security rely on the private sector to the 

extent of minimizing the procurement of emergency supplies and personnel and 

other activities under this Act or any other law; and 

(2) intends in this section that a public-private partnership network be identified and treated as a possible resource in the event of a catastrophic act of terrorism, natural disaster, or other emergency. 

SEC. 113. EMERGENCY MANAGEMENT PERFORMANCE GRANTS. 

For the Emergency Management Performance Grants Program formerly conducted by the Directorate for Preparedness, there is authorized to be appropriated 

$360,000,000 for fiscal year 2007. 

SEC. 114. DEFINITIONS. 

(a) EXPANSION OF DEFINITION OF EMERGENCY RESPONSE PROVIDER.—Paragraph 

(6) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended 

by striking ‘‘includes’’ and all that follows and inserting ‘‘includes Federal, State, 

and local governmental and nongovernmental emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital emergency 

facilities), and related personnel, organizations, agencies, and authorities.’’. 

(b) NEW DEFINITIONS.—Such section is further amended by adding at the end the 

following new paragraphs: 

‘‘(17) The term ‘emergency management’ refers to the governmental function 

that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, respond to, mitigate against, or recover from 

a threatened or actual act of terrorism, natural disaster, or other emergency. 

‘‘(18) The term ‘prevention’ means any activity undertaken to avoid, prevent, 

or stop a threatened or actual act of terrorism. 

‘‘(19) The term ‘emergency support providers’ includes Federal, State, and 

local governmental and nongovernmental utilities, public works, transportation, 

and public health and related personnel, organizations, agencies, and authorities.’’. 

SEC. 115. CONFORMING AMENDMENTS. 

(a) REPEALS.—

(1) IN GENERAL.—The following provisions of the Homeland Security Act of 

2002 are repealed: 

(A) Section 430. 

(B) Subtitle A of title VIII. 

(C) Section 882. 

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act 

is amended by striking the items relating sections 430 and 882 and the item 

relating to subtitle A of title VIII. 

(b) OTHER CONFORMING AMENDMENTS.—

(1) UNDER SECRETARY.—Section 103(a) is amended—

(A) in paragraph (5), by striking ‘‘Preparedness and Response’’ and inserting ‘‘Management’’; and 

(B) by striking paragraph (7) and redesignating paragraphs (8) through 

(10) as paragraphs (7) through (9), respectively. 

(2) INCREASE IN NUMBER OF ASSISTANT SECRETARIES.—Section 103(a)(8) of 

such Act, as redesignated by paragraph (1)(B), is amended by striking ‘‘12’’ and 

inserting ‘‘17’’. 


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TITLE II—FRAUD, WASTE, AND ABUSE 

PREVENTION 

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

(a) IN GENERAL.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 

et seq.) is amended by adding at the end the following: 

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

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management, shall ensure that— ‘‘(1) all programs within the Directorate administering Federal assistance develop and maintain proper internal management controls to prevent and detect 

fraud, waste, and abuse; ‘‘(2) application databases used by the Directorate to collect information on eligible recipients must record disbursements; ‘‘(3) such tracking is designed to highlight and identify ineligible applications; 

and ‘‘(4) the databases used to collect information from applications for such assistance must be integrated with the disbursements and payment records. ‘‘(b) AUDITS AND REVIEWS REQUIRED.—The Secretary shall ensure that any existing database or similar application processing system in effect on the date of the 

enactment of this section for Federal assistance programs administered by the Department undergo a review by the Inspector General of the Department to determine the existence and implementation of such internal controls required under this 

section, before such database application may be used to determine eligibility and 

disbursement of Federal assistance. ‘‘(c) CERTIFICATION REQUIRED.—The Secretary, acting through the Under Secretary for Emergency Management, shall certify to the Congress on an annual basis 

that proper internal controls required under this section are in place and operational before a database or similar application processing system may be utilized 

for the purpose of the dispensing of Federal assistance. ‘‘(d) REPORT TO CONGRESS.—Recommendations or findings that remain unresolved 

between program administrators and the Inspector General of the Department for 

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

Department.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item related to section 706 the following: 

‘‘Sec. 707. Fraud, waste, and abuse controls.’’. 

SEC. 202. ASSESSMENT AND REPORT REGARDING UTILIZATION OF INDEPENDENT PRIVATE 

SECTOR INSPECTORS GENERAL. 

(a) IN GENERAL.—The Under Secretary for Emergency Management of the Department of Homeland Security, in consultation with the Under Secretary for Management, shall— (1) assess the role that Independent Private Sector Inspectors General (popularly known as ‘‘IPSIGs’’) played in preventing waste, fraud, and abuse, in contracts for goods or services purchased or commissioned after the terrorist attacks on the World Trade Center in New York City on September 11, 2001; and 

(2) report the findings of such assessment to Congress by not later than one 

year after the date of enactment of this Act and post the report on the primary 

agency public access website. 

(b) UTILIZATION OF IPSIGS TO MONITOR AND PROVIDE GREATER ACCOUNT- ABILITY.—Such assessment shall include examination of how IPSIGs may be utilized 

to monitor and provide greater accountability for contracts using Federal funding 

provided in response to a terrorist attack, natural disaster, or other national emergency, including contracts for debris removal and the repair or reconstruction of 

damaged infrastructure. 

SEC. 203. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE. 

(a) IN GENERAL.—The Homeland Security Act of 2002 is amended by inserting 

after section 856 (6 U.S.C. 426) the following: 

‘‘SEC. 856a. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE. 

‘‘(a) RECIPIENTS OF FEDERAL ASSISTANCE.—

‘‘(1) IN GENERAL.—Each State, local, tribal, and nonprofit entity that receives 

Federal assistance funds in response to acts of terrorism, natural disasters, or 

other emergencies shall report to the pertinent Federal agency six months after 

the initial disbursement of resources regarding the expenditure of such funds. 

‘‘(2) CONTENTS.—The report shall include a description of—


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‘‘(A) the projects or programs that received Federal assistance; 

‘‘(B) the entity administering the program or project; and 

‘‘(C) the dates and amounts disbursed, allocated, and expended. 

‘‘(3) MINIMIZING REPORTING BURDEN.—The Under Secretary for Emergency 

Management shall determine whether the requirement to report under this section is duplicative of or can be combined with other reporting requirements and, 

if so, the Under Secretary shall combine such requirements and eliminate such 

duplication. 

‘‘(b) FEDERAL ASSISTANCE DISBURSING AGENCIES.—

‘‘(1) IN GENERAL.—Each Federal agency that disburses Federal assistance 

funds in response to an act of terrorism, a natural disaster, or another emergency shall submit to the Inspector General of the Department, acting in the 

Inspector General’s role as chairman of the President’s Council on Integrity and 

Efficiency Homeland Security Roundtable, a report on the expenditure of such 

funds. 

‘‘(2) CONTENTS.—Each report required under paragraph (1) shall include—

‘‘(A) names and addresses of recipient agencies; 

‘‘(B) the purpose for which resources were provided; 

‘‘(C) the amounts disbursed, allocated, and expended; and 

‘‘(D) the status of reporting by agencies that received disbursements (as 

set forth under subparagraph (A). 

‘‘(3) DEADLINE.—Each report submitted under paragraph (1) shall be submitted not later than one year after the date of the enactment of the appropriations Act that makes available the Federal assistance funds covered by the report, and on a recurrent basis every six months thereafter until such time as 

all such funds are expended or the Inspector General and such Council determine that such reports are no longer required.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item related to section 856 the following: 

‘‘Sec. 856a. Enhanced accountability for Federal assistance.’’. 

SEC. 204. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO PREVENT 

FRAUD, WASTE, AND ABUSE. 

(a) IN GENERAL.—The Homeland Security Act of 2002 is further amended by inserting after section 856a the following: 

‘‘SEC. 856b. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO PREVENT 

FRAUD, WASTE, AND ABUSE. 

‘‘(a) CONFIRMATION OF IDENTITY AND ELIGIBILITY OF APPLICANTS.—Any Federal, 

State, local, or tribal agency that disburses Federal grants, loans, services, and 

other assistance in response to or for the recovery from acts of terrorism, natural 

disasters, or other emergencies, shall make reasonable efforts to confirm the identity 

and eligibility of the applicant for such assistance without placing undue burden on 

the applicant. 

‘‘(b) CONSENT TO ACCESS.—

‘‘(1) INCLUSION ON APPLICATION MATERIALS.—The Federal, State, local, or tribal agency may include provisions on application materials for grants, loans, 

services, and other assistance that would allow access to Internal Revenue Service information (IRS Form 8821 Tax Information Authorization) and other relevant Federal databases, to allow government agencies to share information 

and enhance the accuracy and expedite the delivery of assistance to applicants. 

‘‘(2) CONSENT NOT REQUIRED.—Any applicant who declines to consent to the 

sharing of such information shall not be denied assistance or otherwise penalized for that reason.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by inserting after the item related to section 856a the following: 

‘‘Sec. 856b. Enhanced information sharing among Federal agencies to prevent fraud, waste, and abuse.’’. 

SEC. 205. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY. 

(a) IN GENERAL.—Subtitle B of title VIII of the Homeland Security Act of 2002 

(6 U.S.C. 371) is amended by adding at the end the following: 

‘‘SEC. 813. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY. 

‘‘(a) ESTABLISHMENT.—There is established the position of Deputy Inspector General for Response and Recovery within the Office of the Inspector General of the Department. 

‘‘(b) APPOINTMENT.—The Deputy Inspector General shall be appointed—

‘‘(1) by the Inspector General of the Department; and 


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‘‘(2) solely on the basis of integrity and demonstrated ability in accounting, 

auditing, financial analysis, law, management analysis, public administration, 

or investigations. ‘‘(c) REPORTING AND STATUS AS SES POSITION.—The Deputy Inspector General 

shall—

‘‘(1) report to, and be under the direct authority and supervision of, the Inspector General; and ‘‘(2) serve as a career member of the Senior Executive Service. ‘‘(d) DUTIES.— ‘‘(1) AUDITS AND INVESTIGATIONS.—The Deputy Inspector General shall, in coordination with Inspectors General of other departments, as appropriate, conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for 

response to and recovery from an act of terrorism, natural disaster, or other 

emergency by the Federal Government, and of the programs, operations, and 

contracts carried out utilizing such funds, including— ‘‘(A) the oversight and accounting of the obligation and expenditure of 

such funds; ‘‘(B) the monitoring and review of reconstruction activities funded by such 

funds; ‘‘(C) the monitoring and review of contracts by such funds; 

‘‘(D) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of 

the United States, and private nongovernmental entities; and ‘‘(E) the maintenance of records on the use of such funds to facilitate future audits and investigations of such funds. ‘‘(2) FRAUD TIP LINE.—The Deputy Inspector General shall ensure that not 

more than 48 hours after a terrorist attack, natural disaster, or other national 

emergency, the Office of the Inspector General institutes and publicizes a Fraud 

Tip Line to facilitate the collection of allegations of waste, fraud, and abuse of 

Federal assistance funds. ‘‘(3) AVOIDANCE OF DUPLICATION.—The Deputy Inspector General shall ensure, to the greatest extent possible, that the activities of the Deputy Inspector 

General do not duplicate audits and investigations of Inspectors General and 

other auditors of Federal departments and agencies, and State and local government entities. ‘‘(4) COORDINATION WITH FBI.—The Deputy Inspector General shall ensure 

that investigative activities under this section are coordinated with the Federal 

Bureau of Investigation. ‘‘(e) FINANCIAL MANAGEMENT MATTERS.—In order to assist the Deputy Inspector 

General for the purposes of carrying out this section, all agencies receiving or distributing Federal funds to respond to acts of terrorism, natural disasters, or other 

emergencies shall establish and maintain budgetary procedures to distinguish funds 

related to response and relief efforts from other agency funds. 

‘‘(f) FUNDING.—There is authorized to be appropriated for operations of the Office 

of the Deputy Inspector General $11,000,000 for each fiscal year.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by inserting after the item related to section 812 the following: 

‘‘Sec. 813. Deputy Inspector General for Response and Recovery.’’. 

(c) DEADLINE FOR APPOINTMENT.—The Inspector General of the Department of 

Homeland Security shall appoint the Deputy Inspector General under this section 

not later than 60 days after the date of enactment of this Act. 

SEC. 206. PROTECTION OF DEPARTMENT OF HOMELAND SECURITY OFFICIAL SEAL AND INSIGNIA. 

Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended by 

adding at the end the following new subsection: 

‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.—

‘‘(1) IN GENERAL.—Except with the written permission of the Secretary, no 

person may knowingly use, in connection with any advertisement, commercial 

activity, audiovisual production (including film or television production), impersonation, Internet domain name, Internet e-mail address, or Internet web site, 

merchandise, retail product, or solicitation in a manner reasonably calculated 

to convey the impression that the Department or any organizational element of 

the Department has approved, endorsed, or authorized such use, any of the following (or any colorable imitation thereof): 

‘‘(A) The words ‘Department of Homeland Security’, the initials ‘DHS’, the 

insignia or seal of the Department, or the title ‘Secretary of Homeland Security’. 


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‘‘(B) The name, initials, insignia, or seal of any organizational element 

(including any former such element) of the Department, or the title of any 

other officer or employee of the Department, notice of which has been published by the Secretary of Homeland Security in accordance with paragraph 

(3). 

‘‘(2) CIVIL ACTION.—Whenever it appears to the Attorney General that any 

person is engaged or is about to engage in an act or practice that constitutes 

or will constitute conduct prohibited by subsection (d)(1), the Attorney General 

may initiate a civil proceeding in a district court of the United States to enjoin 

such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person 

or class of persons for whose protection the action is brought. 

‘‘(3) NOTICE AND PUBLICATION.—The notice and publication to which paragraph (1)(B) refers is a notice published in the Federal Register including the 

name, initials, seal, or class of titles protected under paragraph (1)(B) and a 

statement that they are protected under that provision. The Secretary may 

amend such notices from time to time as the Secretary determines appropriate 

in the public interest and shall publish such amendments in the Federal Register. 

‘‘(4) AUDIOVISUAL PRODUCTION.—For the purpose of this subsection, the term 

‘audiovisual production’ means the production of a work that consists of a series 

of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together 

with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the work is embodied.’’. 

Amend the title so as to read: 

A bill to amend the Homeland Security Act of 2002 to establish a Directorate 

of Emergency Management, to codify certain existing functions of the Department 

of Homeland Security, and for other purposes. 

PURPOSE AND SUMMARY

The purpose of H.R. 5351 is to amend the Homeland Security Act 

of 2002 to establish a Directorate of Emergency Management, to 

codify certain existing functions of the Department of Homeland 

Security, and for other purposes. This bill would reform the Department of Homeland Security to address the fundamental problems identified after Hurricanes Katrina and Rita so that our Nation is adequately prepared for, ready to effectively respond to, and 

able to quickly recover from disasters of all types—whether manmade or natural. 

BACKGROUND AND NEED FOR LEGISLATION

In the morning hours of August 29, 2005, Hurricane Katrina 

came ashore along the coasts of Louisiana, Mississippi, and Alabama. In the days and weeks that followed, the Nation watched as 

it became apparent that all levels of government were unprepared 

and unable to adequately respond to the utter devastation caused 

by the storm. There were myriad problems evident in the response 

effort. Vital commodities arrived late. People lived in sub-human 

conditions for days, if not weeks. Hospitals throughout the region 

could neither treat the injured, nor handle the deceased, and communications capabilities were limited or non-existent. Hurricane 

Katrina and, subsequently, Hurricane Rita, which hit Texas and 

Louisiana, exposed a lack of preparedness—at all levels of government—to respond to a true catastrophe, whether natural or manmade. Furthermore, these two hurricanes exposed weaknesses in 

financial management controls that resulted in the payment of 


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more than $1 billion of fraudulent applications for Federal assistance. 

Since August 2005, there have been at least five major investigations of our Nation’s preparedness for, and response to, Hurricanes 

Katrina and Rita conducted by the U.S. House of Representatives, 

the U.S. Senate, the White House, the Department of Homeland 

Security Office of Inspector General, and the Government Accountability Office. Although the report released by the House Bipartisan Select Committee to Investigate the Preparation for and Response to Hurricane Katrina (House Select Committee) did not 

make any recommendations, the four other reports included recommendations for how our Nation can do better in the future. The 

reports all emphasized the need to restore the nexus between preparedness and response, enhance and strengthen the Federal 

Emergency Management Agency’s (FEMA) capabilities, enhance cooperation between the Federal, State, local, and tribal governments, develop better mechanisms to maintain situational awareness, implement more effective controls to prevent waste, fraud, 

and abuse in Federal assistance programs, ensure the resiliency 

and redundancy of our Nation’s critical infrastructure, and establish a more robust education and training program for homeland 

security personnel. 

The Committee believes that for our Nation to be prepared for 

catastrophes such as Hurricanes Rita and Katrina, the Department 

of Homeland Security (Department), as well as state and local governments need to fundamentally reform their emergency response 

capabilities to correct the deficiencies the hurricanes exposed . This 

legislation is intended to enhance the ability of our Nation to address the full range of potential catastrophic incidents at all levels 

of government. H.R. 5351 would, among other things: elevate 

FEMA within the Department and enhance its capabilities; 

strengthen the Department’s capacity to manage the Federal response effort; improve homeland security education, exercises, and 

training programs; establish homeland security assessments, lessons learned, and remedial action programs; and foster effective coordination and cooperation among Federal, State, local, and tribal 

government decision-makers, emergency response providers, and 

the private sector. 

HEARINGS

On September 29, 2005, the Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ‘‘Incident Command, Control, and Communications during Catastrophic 

Events.’’ The Subcommittee received testimony from Mr. Chuck 

Canterbury, National President, Fraternal Order of Police; Chief 

William D. ‘‘Bill’’ Killen, President, International Association of 

Fire Chiefs; Mr. Bob Freudenthal, President, American Public 

Works Association; Mr. Robert L. Garner, President and CEO, 

American Ambulance Association; Mr. David E. Liebersbach, Immediate Past President, National Emergency Management Association; and Mark Edward Gebhart, M.D., Assistant Professor of 

Emergency Medicine, Boonshoft School of Medicine at Wright State 

University. 

On October 19, 2005, the Full Committee held a hearing entitled 

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sponsibilities of Local, State, and Federal Agencies.’’ The Committee received testimony from The Honorable Jeb Bush, Governor, 

State of Florida; The Honorable Rick Perry, Governor, State of 

Texas; The Honorable Janet Napolitano, Governor, State of Arizona; The Honorable David G. Wallace, Mayor, City of Sugar Land, 

Texas, testifying on behalf of The United States Conference of Mayors; and The Honorable Audwin M. Samuel, Mayor Pro Tem, City 

of Beaumont, Texas, testifying on behalf of the National League of 

Cities. 

On October 20, 2005, the Subcommittee on Prevention of Nuclear 

and Biological Attack held a hearing entitled ‘‘Mitigating Catastrophic Events through Effective Medical Response.’’ The Subcommittee received testimony from Dr. Roy L. Alson, PhD, MD, 

FACEP, FAAEM, Associate Professor, Emergency Medicine, Wake 

Forest University School of Medicine; Richard Bradley, MD, Medical Director, Emergency Center–LBJ General Hospital, University 

of Texas Health Science Center at Houston; Donald F. Thompson, 

MD, MPH&TM, Senior Research Fellow, Center for Technology and 

National Security Policy, National Defense University; and Jenny 

E. Freeman, MD, President and CEO, Hypermed, Inc. 

On October 26, 2005, the Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ‘‘Ensuring 

Operability During Catastrophic Events.’’ The Subcommittee received testimony from The Honorable Mark Rey, Under Secretary, 

Natural Resources and Environment, U.S. Department of Agriculture; Dr. David Boyd, Director, SAFECOM, Office of Interoperability and Communications, U.S. Department of Homeland Security; Dr. Peter Fonash, Deputy Manager, National Communications 

System, U.S. Department of Homeland Security; Mr. Kenneth P. 

Moran, Director, Office of Homeland Security, Enforcement Bureau, Federal Communications Commission; and Dr. Linton Wells 

II, Acting Assistant Secretary, Networks and Information Integration and Chief Information Officer, U.S. Department of Defense. 

On October 27, 2005, the Subcommittee on Management, Integration, and Oversight held a hearing entitled ‘‘The Department of 

Homeland Security Second-Stage Review: The Role of the Chief 

Medical Officer.’’ Testimony was received from Dr. Jeffrey W. 

Runge, Chief Medical Officer, Department of Homeland Security; 

Mr. Timothy Moore, Director of Federal Programs, National Agricultural Biosecurity Center, Kansas State University; Dr. Jeffrey 

A. Lowell, Professor of Surgery and Pediatrics, Washington University School of Medicine; and Mr. David Heyman, Director and Senior Fellow, Homeland Security Program, Center for Strategic and 

International Studies. 

On November 9, 2005, the Subcommittee on Emergency Preparedness, Science, and Technology of the Committee on Homeland 

Security and the Subcommittee on Terrorism, Unconventional 

Threats and Capabilities of the Committee on Armed Services held 

a joint hearing entitled ‘‘Responding to Catastrophic Events: the 

Role of the Military and National Guard in Disaster Response.’’

The Subcommittees received testimony from The Honorable Michael P. Jackson, Deputy Secretary, U.S. Department of Homeland 

Security; The Honorable Paul McHale, Assistant Secretary of Defense, Homeland Defense, U.S. Department of Defense; Admiral 

Thomas H. Collins, Commandant, U.S. Coast Guard, U.S. DepartVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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ment of Homeland Security; Major General Richard J. Rowe, Jr., 

Director of Operations, U.S. Northern Command, U.S. Department 

of Defense; and Lieutenant General H. Steven Blum, Chief, National Guard Bureau, U.S. Department of Defense. 

On February 15, 2006, the Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ‘‘The 

State of Interoperable Communications: Perspectives from the 

Field.’’ The Subcommittee received testimony from Trooper Casey 

L. Perry, Wisconsin State Patrol, Chairman, National Troopers Coalition; Mr. Tim Bradley, Senior Deputy State Fire Marshal, North 

Carolina Office of State Fire Marshal, National Volunteer Fire 

Council; Ms. Diane Linderman, Director-at-Large, Public Works 

Management/Leadership, American Public Works Association; Mr. 

William Moroney, President and Chief Executive Officer, United 

Telecom Council; and Dr. William W. Pinsky, Executive Vice President & Chief Academic Officer, Ochsner Clinic Foundation, American Hospital Association. 

On March 1, 2006, the Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ‘‘The State 

of Interoperable Communications: Perspectives from State and 

Local Governments.’’ The Subcommittee received testimony from 

The Honorable Robert Drake, Mayor, Beaverton, Oregon, testifying 

on behalf of the National League of Cities; The Honorable Gino 

Menchini, Commissioner, Department of Information Technology 

and Telecommunications, City of New York, State of New York; 

Chief Charles Werner, Charlottesville Fire Department, Commonwealth of Virginia, testifying on behalf of Virginia’s Statewide 

Interoperability Executive Committee; and Mr. Steve Proctor, Executive Director, The Utah Communications Agency Network, testifying on behalf of Association of Public-Safety Communications Officials. 

On April 12, 2006, Subcommittee on Emergency Preparedness, 

Science, and Technology held a field hearing in Orting, Washington, entitled ‘‘Emergency Planning and Preparedness: Federal, 

State, and Local Coordination.’’ The Subcommittee received testimony from The Honorable George Foresman, Under Secretary of 

Preparedness, Department of Homeland Security; Mr. James 

Mullen, Director, Emergency Management Division, Washington 

Military Department; Mr. Steven Bailey, Director, Pierce County 

Department of Emergency Management; Mr. Mario H. Trevin ̃ o, 

Fire Chief Bellevue Fire Department, City of Bellevue, Washington; Mr. William ‘‘Bill’’ Mitzel, MS, ARM, ALCM, Risk Control 

Specialist, Home Office Commercial Lines, Unigard Insurance 

Group; Sheriff Paul A. Pastor, Jr., Pierce County Sheriff’s Office, 

Washington State; Mr. A.D. Vickery, Assistant Chief, City of Seattle Fire Department, Seattle, Washington; Mr. Michael Loehr, 

Director of Preparedness, Public Health—Seattle and King County; 

Mr. William ‘‘Bill’’ Pugh, Director of Public Works/Assistant City 

Manager, City of Tacoma, Washington; and Mr. Roger C. Serra, Director of Security and Emergency Management, Seattle City Light, 

City of Seattle, Washington. 

On April 25, 2006, the Subcommittee on Emergency Preparedness, Science, and Technology held a hearing entitled ‘‘The State 

of Interoperable Communications: Perspectives on Federal Coordination of Grants, Standards, and Technology.’’ The Subcommittee 


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received testimony from the Honorable Tracy A. Henke, Assistant 

Secretary, Office of Grants and Training, Directorate of Preparedness, Department of Homeland Security; Dr. David G. Boyd, Director, Office for Interoperability and Compatibility, Directorate of 

Science and Technology, U.S. Department of Homeland Security; 

Mr. Kenneth P. Moran, Director, Office of Homeland Security, Enforcement Bureau, Federal Communications Commission; Mr. Carl 

Peed, Executive Director, Office of Community Oriented Policing 

Services (COPS), Department of Justice; Mr. John Morgan, Assistant Director for Science and Technology, National Institute of Justice, Department of Justice; Mr. Dereck Orr, Program Manager, 

Public Safety Communications Systems, National Institute of 

Standards and Technology; Mr. James Gass, Deputy Director, National Memorial Institute for the Prevention of Terrorism; and Mr. 

Bruce Walker, Chairman, Subcommittee on Government Affairs, 

Homeland Security and Defense Business Council. 

On May 9, 2006, prior to introduction, the Committee on Homeland Security held a hearing on proposed legislation to strengthen 

the Federal Emergency Management Agency and better integrate 

it into the Department, and for other purposes. The Committee received testimony from Dr. William O. Jenkins, Jr., Director, Homeland Security and Justice, Government Accountability Office; Mr. 

Barry Kasinitz, Director, Governmental/Legislative Affairs, International Association of Fire Fighters; Mr. Steven V. Lenkart, Director of Legislative Affairs, International Brotherhood of Police Officers; and Mr. Eric Holdeman, Director, Office of Emergency Management, King County, State of Washington. 

COMMITTEE CONSIDERATION

H.R. 5351 was introduced by Mr. Reichert, Mr. Pascrell, Mr. 

McCaul, Mr. Etheridge, Mr. King of New York, Mr. Thompson of 

Mississippi, and nineteen original cosponsors on May 11, 2006, and 

referred to the Committee on Transportation and Infrastructure 

and, in addition, to the Committee on Homeland Security, and the 

Committee on Energy and Commerce. Within the Committee on 

Homeland Security, H.R. 5351 was held for consideration at the 

Full Committee. 

On May 17, 2006, the Full Committee met in open markup session and ordered H.R. 5351 favorably reported to the House of Representatives, amended, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. 

On May 17, 2006, the Committee on Homeland Security considered H.R. 5351, and ordered the measure favorably reported to the 

House, amended, by voice vote. H.R. 5351 was amended as follows. 

H.R. 5351 was agreed to, as amended, by a record vote of 28 yeas 

and 0 nays (Rollcall Vote No. 35). 


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hmoore on PROD1PC68 with HMRPTInsert graphic folio 53 here HR712.001
52 

A unanimous consent request by Mr. King to amend the title to 

read ‘‘To amend the Homeland Security Act of 2002 to establish a 

Directorate of Emergency Management, to codify certain existing 

functions of the Department of Homeland Security, and for other 

purposes.’’ was not objected to. 

The following amendments were offered: 

An Amendment in the Nature of a Substitute (#1) offered by Mr. 

King; was AGREED TO, without amendment, by voice vote. 

An amendment offered by Mr. DeFazio to the Amendment in the 

Nature of a Substitute (#1A); In section 101(a), in the proposed section 501(b) of the Homeland Security Act of 2002 (page 2, beginning at line 21), strike so much as precedes paragraph (2) and insert the following new subsections entitled ‘‘(b) Deputy for Emergency Preparedness and Mitigation.’’; ‘‘(c) Deputy for Emergency 

Response and Recovery.’’; In section 101(a), in the proposed section 

501(d) of the Homeland Security Act of 2002 (page 5, beginning at 

line 3), strike so much as precedes paragraph (1) and insert the following new subsection entitled ‘‘(d) Directors for Emergency Management.’’; In section 101(a) (page 2, beginning at line 9), in the 

proposed title V of the Homeland Security Act of 2002, strike ‘‘Deputy Under Secretary’’ each place it appears and insert ‘‘Deputy’’; In 

section 101(a) (page 2, beginning at line 9), in the proposed title V 

of the Homeland Security Act of 2002, strike ‘‘Assistant Secretary’’ each place it appears and insert ‘‘Director’’; In section 101(a) (page 

2, beginning at line 9), in the proposed title V of the Homeland Security Act of 2002, strike ‘‘Assistant Secretaries’’ each place it appears and insert ‘‘Directors’’; was NOT AGREED TO by voice vote. 

An amendment offered by Mrs. Lowey to the Amendment in the 

Nature of a Substitute (#1B); at the end of the proposed section 562 

of the Homeland Security Act of 2002 (page 92, after line 15) add 

a new subsection entitled ‘‘(C) Interoperability Communications 

Grants.’’; was WITHDRAWN by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

H.R. 5351, the ‘‘National Emergency Management Reform and 

Enhancement Act of 2006,’’ is intended to address the fundamental 

problems identified by recent catastrophic incidents and prepare 

the Nation to respond effectively to, and recover quickly from, acts 

of terrorism, natural disasters, and other emergencies. Among 

other things, the bill establishes the Federal Emergency Management Agency (FEMA) as a Directorate of Emergency Management 

within the Department of Homeland Security (Department); elevates the Director of FEMA to an Under Secretary and requires 

that they posses a demonstrated ability in, and knowledge of, emergency management; makes the Under Secretary the President’s 

principal advisor for emergency management issues; gives the 

Under Secretary a direct reporting relationship to the President 

during Incidents of National Significance; and consolidates the Department’s Preparedness Directorate and FEMA to ensure that 


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preparedness and response activities are properly coordinated. 

Moreover, H.R. 5351 gives FEMA the tools necessary to accomplish 

its mission; improves communication and coordination at the Federal, State, local, and tribal levels; accelerates the development of 

redundant, survivable, and interoperable emergency communications capabilities; strengthens disaster preparedness and response 

capabilities nationwide; and takes steps to eliminate waste, fraud, 

and abuse in the aftermath of major disasters. H.R. 5351 is a comprehensive bill that will empower the Department to become what 

Congress and the Administration intended it to be—a strong, Federal coordinating agency capable of effectively preventing, preparing for, mitigating against, responding to, and recovering from 

acts of terrorism, natural disasters, and other emergencies. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 5351, the 

National Emergency Management Reform and Enhancement Act of 

2006, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 2, 2006. 

Hon. PETER T. KING, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed revised cost estimate for H.R. 5351, the National Emergency Management Reform and Enhancement Act of 

2006. This estimate supersedes the initial cost estimate transmitted on May 24, 2006. The estimated cost of H.R. 5351 has not 

changed, but CBO has revised its cost estimate for H.R. 5316, 

which was referred to in our previous estimate for H.R. 5351. Thus, 

the only change reflected in the enclosed estimate is an update to 

the comparison of the two bills. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

DONALD B. MARRON, Acting Director. 

Enclosure. 

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

Summary: H.R. 5351 would reorganize the Preparedness Directorate, the Federal Emergency Management Agency (FEMA), and 

part of the Science and Technology Directorate into a new operVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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ational entity within the Department of Homeland Security (DHS) 

called the Directorate of Emergency Management. In addition, the 

bill would authorize the appropriation of funds for various programs including emergency management grants to states, the Metropolitan Medical Response System (MMRS), the National Urban 

Search and Rescue Program, and the National Incident Management System (NIMS), among others. Assuming appropriation of the 

necessary funds, CBO estimates that implementing H.R. 5351 

would cost about $1.3 billion over the 2007–2011 period. Enacting 

this legislation would not affect direct spending or revenues. 

H.R. 5351 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. H.R. 5351 would impose 

a mandate on the private sector, as defined in UMRA, by prohibiting individuals and entities from using specific words, initials, titles, or the insignia of DHS in connection with certain activities 

without written permission. Based on information from DHS, CBO 

expects that the direct cost to comply with the mandate would be 

minimal and would fall well below the annual threshold established by UMRA for private-sector mandates ($128 million in 2006, 

adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5351 is shown in the following table. The costs 

of this legislation fall within budget functions 450 (community and 

regional development), 550 (health), and 750 (administration of justice). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Administrative Costs of New Directorate and Studies: 

Estimated Authorization Level ....................................................................... 14 13 13 13 13 

Estimated Outlays .......................................................................................... 12 13 13 13 13 

Emergency Management Grants: 

Authorization Level ......................................................................................... 364 4 4 4 4 

Estimated Outlays .......................................................................................... 39 137 116 83 4 

National Incident Management System: 

Authorization Level ......................................................................................... 25 25 25 25 0 

Estimated Outlays .......................................................................................... 11 19 23 25 14 

National Disaster Medical System and Medical Response System: 

Authorization Level ......................................................................................... 145 145 145 145 0 

Estimated Outlays .......................................................................................... 109 145 145 145 36 

Urban Search and Rescue System: 

Estimated Authorization Level ....................................................................... 40 40 40 41 41 

Estimated Outlays .......................................................................................... 18 30 36 40 41 

Total Changes: 

Estimated Authorization Level ....................................................................... 588 227 227 238 58 

Estimated Outlays .......................................................................................... 189 344 332 307 108 

Basis of Estimate: For this estimate, CBO assumes that H.R. 

5351 will be enacted near the start of fiscal year 2007 and that the 

amounts will be appropriated over the 2007–2011 period. CBO esti- mates that implementing this bill would cost about $1.3 billion over 

the 2007–2011 period, assuming appropriation of the necessary 

funds. Those costs represent estimated expenditures for activities 

that H.R. 5351 would authorize but do not include continuing costs 

for other FEMA programs, such as disaster relief—with outlays 

that fluctuate significantly from year-to-year, depending on the 

need to respond to disasters. 


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FEMA Programs and Current Spending 

H.R. 5351 would reorganize the Preparedness Directorate, 

FEMA, and part of the Science and Technology Directorate into a 

new operational entity within DHS called the Directorate of Emergency Management. Under current law, FEMA’s primary responsibilities are to respond to all types of disasters, mitigate the damage of future disasters, and help communities recover after a disaster. Most of the spending for these activities comes out of the 

Disaster Relief Fund. To help the Gulf Coast recover from the 2005 

hurricanes, for example, over $60 billion was initially appropriated 

to the fund, though over $20 billion was eventually reallocated to 

other federal programs that were engaging in disaster recovery efforts related to the hurricanes. On balance, CBO estimates that 

disaster relief spending will total well over $20 billion in fiscal year 

2006. (In contrast, such spending totaled about $12 billion in fiscal 

year 2005 but averaged much less than those amounts prior to 

2005.) In addition, FEMA manages the National Flood Insurance 

Program. CBO estimates that spending for flood insurance claims 

will exceed $20 billion in fiscal year 2006. The bill would not 

change FEMA’s responsibilities for providing such disaster assistance or for paying flood insurance claims. 

Under current law, the Preparedness Directorate of the DHS administers most of the grant and training programs that benefit 

state and local governments by helping them prepare for future 

terrorist attacks, natural disasters, or other emergencies. Over $3 

billion was appropriated in 2006 for these grants. In addition, the 

Office of Interoperability and Compatibility (OIC) of the Science 

and Technology Directorate coordinates programs that provide assistance and tools to state and local governments to improve public 

safety communications. 

Administrative Costs of New Directorate 

H.R. 5351 would reorganize the Preparedness Directorate, the 

Federal Emergency Management Agency, and the Office of Interoperability and Compatibility (OIC) of the Science and Technology 

Directorate into a new operational entity within DHS called the Directorate of Emergency Management. For this estimate, CBO assumes that current employees of the Preparedness Directorate, 

OIC, and FEMA would be reorganized into the structure outlined 

in this bill. In addition, CBO estimates that some new senior positions would be needed to manage the expanded directorate as outlined in this bill, and some current employees would see salary increases with their new responsibilities. The bill also would authorize the appropriation of $11 million a year for a new Deputy Inspector General for Response and Recovery. Assuming appropriation of the necessary and authorized amounts, CBO estimates that 

implementing these provisions would cost about $13 million a year. 

H.R. 5351 also would authorize the new directorate to work with 

the National Academy of Public Administration to conduct a study 

on the organizational changes made under this bill. In addition, the 

bill would authorize the Government Accountability Office to conduct a study on the inventory and effectiveness of training programs for federal, state, and local emergency response providers. 

CBO estimates that conducting these studies would cost about $1 

million in 2007. 


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Emergency Management Grants 

H.R. 5351 would authorize the appropriation of $360 million in 

2007 for the emergency management grants to states. In 2006, 

$185 million was appropriated for those grants. In addition, the bill 

would authorize the appropriation of $4 million a year for grants 

to help certain states to administer and coordinate activities under 

the Emergency Management Assistance Compact authorized by 

Public Law 104–321. Based on FEMA’s historical spending patterns, CBO estimates that implementing these grant programs 

would cost $378 million over the 2007–2011 period, assuming appropriation of the specified amounts. 

National Incident Management System 

H.R. 5351 would authorize the appropriation of $25 million a 

year over the 2007–2010 period to implement, maintain, and revise 

the NIMS and the National Response Plan (NRP). NIMS establishes a framework for governmental, nongovernment, and privatesector entities to work cooperatively to prepare for, respond to, and 

recover from disasters of any kind. The NRP is based on the NIMS 

and provides the operational direction for the entities to deal with 

disasters. Based on spending patterns of similar programs, CBO estimates that implementing this provision would cost $91 million 

over the 2007–2011 period, assuming appropriation of the specified 

amounts. 

National Disaster Medical System and Metropolitan Medical Response System 

H.R. 5351 would authorize the appropriation of $580 million over 

the 2007–2010 period to implement the National Disaster Medical 

System (NDMS) and to provide grants under the Metropolitan 

Medical Response System. The NDMS is located within FEMA and 

coordinates the federal response to medical emergencies such as 

acts of terrorism. The MMRS helps high-density jurisdictions prepare for mass casualty situations and acquire pharmaceuticals and 

personal protective gear. Based on historical spending patterns for 

these programs, CBO estimates that implementing this provision 

would cost $580 million over the 2007–2011 period, assuming appropriation of the specified amounts. 

Urban Search and Rescue System 

H.R. 5351 would authorize the appropriation of $40 million a 

year over the 2007–2009 period, and such sums as are necessary 

after that period, to implement and administer the National Urban 

Search and Rescue Response System. To estimate the cost of this 

program in future years, CBO adjusted the 2009 authorization 

level for anticipated inflation in future years. Based on historical 

spending patterns for this program, CBO estimates that implementing this provision would cost $165 million over the 2007–2011 

period, assuming appropriation of the authorized amounts. 

Estimated Impact on State, Local, and Tribal Governments: H.R. 

5351 contains no intergovernmental mandates as defined in 

UMRA. Assuming the appropriation of authorized amounts, state 

and local governments would benefit from $600 million over the 

2007–2011 period to improve emergency preparedness. The bill also 

would add several new requirements for state and local governVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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ments receiving homeland security grants, including maintaining 

response plans for catastrophic events, implementing certain voluntary standards, and filing new reports. Any costs incurred by 

those governments would be conditions of receiving federal assistance. 

Estimated Impact on the Private Sector: H.R. 5351 would impose 

a mandate, as defined in UMRA, by prohibiting individuals and entities from using specific words, initials, titles, or the insignia of 

DHS in connection with certain activities without written permission. The bill would expand restrictions beyond those in current 

law. The cost of the mandate would be the cost of acquiring written 

permission from the department or the forgone net value attributable to such uses in the event that permission is not granted. 

Based on information from DHS, CBO expects that the direct cost 

to comply with the mandate would be minimal and would fall well 

below the annual threshold established by UMRA for private-sector 

mandates ($128 million in 2006, adjusted annually for inflation). 

Previous CBO Estimates: On May 24, 2006, CBO transmitted a 

cost estimate for H.R. 5351, the National Emergency Management 

Reform and Enhancement Act of 2006, as ordered reported by the 

House Committee on Homeland Security on May 17, 2006. This 

cost estimate supersedes that previous estimate, but CBO’s estimate of the costs of implementing H.R. 5351 has not changed. The 

revision simply corrects a statement in our previous cost estimate 

regarding the costs of implementing H.R. 5316, the Restoring 

Emergency Services to Protect Our Nation From Disasters Act of 

2006, as ordered reported by the House Committee on Transportation and Infrastructure on May 17, 2006. 

On May 24, 2006, CBO transmitted a cost estimate for H.R. 

5316, the Restoring Emergency Services to Protect Our Nation 

From Disasters Act of 2006, as ordered reported by the House 

Committee on Transportation and Infrastructure on May 17, 2006. 

On June 2, 2006, CBO issued a revised estimate for H.R. 5316 to 

correct an error concerning the cost of implementing that bill. 

Both H.R. 5351 and H.R. 5316 would reorganize FEMA, but 

would do so in different ways. Each bill would authorize the appropriation of different amounts for different FEMA and preparedness 

activities and grant programs, and CBO’s cost estimates reflect 

those differences. 

Estimate Prepared by: Federal Costs: Julie Middleton. Impact on 

State, Local, and Tribal Governments: Melissa Merrell. Impact on 

the Private Sector: Fatimot Ladipo. 

Estimate Approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

COMPLIANCE WITH HOUSE RESOLUTION 1000 

In compliance with H. Res. 1000, adopted on September 14, 2006, 

the Committee finds that H.R. 5351 does not provide authority, including budget authority, or recommend the exercise of authority, 


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including budget authority, for a contract, loan, loan guarantee, 

grant, loan authority, or other expenditure with or to a non-Federal 

entity. 

ADVISORY COMMITTEE STATEMENT

H.R. 5351 creates three advisory committees within the meaning 

of section 5(b) of the Federal Advisory Committee Act: the Regional 

Advisory Council on Emergency Management, the National Advisory Council on Emergency Management, and the National Urban 

Search and Rescue Task Force. 

REGIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT

Section 504(e) establishes a Regional Advisory Council on Emergency Management (Regional Advisory Council) in each region to 

ensure effective coordination of all regional interests. Specifically, 

each Regional Advisory Council will be composed of subject matter 

experts from all levels of government and the private sector, including (1) the Departments of Defense, Health and Human Services, and Transportation; (2) other components of the Department 

of Homeland Security (Department), including the United States 

Coast Guard, Customs and Border Protection, Immigration and 

Customs Enforcement, and the Transportation Security Administration; (3) other components of the Directorate of Emergency Management of the Department, including the Offices of Grants and 

Planning, Training and Exercises, Public and Community Preparedness, and Infrastructure Protection; (4) State, local, and tribal 

emergency managers, emergency response providers, and emergency response support providers; (5) private sector non-governmental organizations, educational institutions, social action agencies, and faith-based organizations; and (6) other relevant State, 

local, and tribal officials. Each Regional Advisory Council Member 

shall serve a term of three years. 

Each Regional Advisory Council shall meet at least biannually 

and advise the Regional Director on emergency management issues 

specific to that region, including any weaknesses or deficiencies in 

preparedness, mitigation, response, and recovery. Each Regional 

Advisory Council shall advise the Regional Director on developing 

a process for a peer review of catastrophic emergency plans submitted under section 524 of this bill and identify any characteristics unique to their region. Each Regional Advisory Council is also 

directed to assist the Regional Director in establishing a process to 

secure goods and services through coordinated, pre-negotiated contracts by Federal, State, local, and tribal governments. 

NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT

Section 509 of this bill establishes the National Advisory Council 

on Emergency Management (National Advisory Council) to advise 

the Secretary of Homeland Security (Secretary) on national initiatives related to acts of terrorism, natural disasters, and other emergencies. This section requires the Secretary to establish an advisory body to review, revise, or replace national plans, planning 

tools, and other documents that affect emergency response providers, emergency managers, and emergency response support providers, including: the National Response Plan, the National InciVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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dent Management System, the National Preparedness Guidance, 

the National Preparedness Goal, the Target Capabilities List, the 

Universal Task List, the National Planning Scenarios, and the National Infrastructure Protection Plan. 

The Secretary shall appoint members to the National Advisory 

Council who, to the greatest extent practicable, reflect a geographic 

(including urban and rural) and substantive cross section of emergency response providers, emergency response support providers, 

emergency managers, and other experts from State, local, and tribal governments. Members of the National Advisory Council who are 

health professionals, including emergency medical services professionals, shall be coordinated by the Secretaries of Homeland Security, Health and Human Services, and Transportation. The Departments of Homeland Security, Health and Human Services, and 

Transportation shall each designate one or more officers of their respective Departments to serve as ex officio members. 

The National Advisory Council must submit a report to the Secretary within twelve months of its establishment, and every two 

years thereafter, on recommended ‘‘essential capabilities’’ for different types of communities. Among other things, the National Advisory Council’s report must include a priority ranking of essential 

capabilities and a methodology by which State, local, and tribal 

governments can determine whether they possess or have access to 

these essential capabilities. 

NATIONAL URBAN SEARCH AND RESCUE ADVISORY COMMITTEE

Section 544 of the bill directs the Under Secretary for Emergency 

Management of the Department of Homeland Security to establish 

and maintain an Advisory Committee to provide expert recommendations with respect to the administration of the currently 

existing, but unauthorized, National Urban Search and Rescue Response System (System). The System provides a national network 

of standardized search and rescue resources to assist State, local, 

and tribal governments in responding to acts of terrorism, natural 

disasters, and other emergencies. 

Members of the advisory committee shall be geographically diverse, and include, at a minimum, the chief officer or senior executive from each of at least three State or local governments that 

sponsor urban search and rescue teams selected to participate in 

the System; the senior emergency manager from each of at least 

two States in which such local governments are located; and at 

least one representative from each urban search and rescue team 

selected by the leaders of the task forces. The advisory committee 

shall terminate two years after the date of enactment. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 


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APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

SUBTITLE A—DIRECTORATE OF EMERGENCY MANAGEMENT

Section 501. Directorate of Emergency Management 

This section recombines emergency preparedness and response 

by consolidating the Department of Homeland Security’s (DHS or 

the Department) Directorate of Preparedness with the Federal 

Emergency Management Agency (FEMA) into a new Directorate of 

Emergency Management (Directorate). The Directorate shall be 

headed by an Under Secretary for Emergency Management (Under 

Secretary), who shall be appointed by the President, by and with 

the advice and consent of the Senate. Moreover, the Under Secretary will be required to possess a demonstrated ability in and 

knowledge of emergency management and homeland security. 

This section also establishes two Deputy Under Secretaries—one 

for Emergency Preparedness and Mitigation and one for Emergency Response and Recovery—to assist the Under Secretary of 

Emergency Management in discharging the responsibilities of Title 

V of the Homeland Security Act of 2002 (P.L. 107–296, as amended 

by this bill). The two Deputy Under Secretaries must possess a 

demonstrated ability in and knowledge of emergency preparedness 

and mitigation and emergency response and recovery, respectively. 

The Committee believes this section would rectify one of the 

major problems that arose after the creation of the Department—

the separation of FEMA from many of the preparedness functions 

and grant programs that it previously administered. The Committee found that removing these programs from FEMA led to a 

deterioration of FEMA’s relationship with State and local emergency managers and emergency response providers. It further hindered FEMA’s ability to work in partnership with State, local, and 

tribal governments to support and enhance the planning process 

for preparing for, mitigating, responding to, and recovering from 

catastrophic incidents. 

Being familiar with State and local emergency response providers and helping to ensure their preparedness is essential to 

mounting an effective response to acts of terrorism, natural disasters, and other emergencies. No State or local government separates preparedness from response and the Committee believes the 

Department’s organization should more closely parallel those of 

State and local governments. 

The Committee also firmly believes that the Under Secretary for 

Emergency Management must possess expertise in emergency 

management and homeland security. Given the nature of the Directorate’s responsibilities, it is simply imperative that the Directorate 

be led by persons who possesses appropriate qualifications. 


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Section 502. Responsibilities of the Under Secretary 

This section directs the Under Secretary for Emergency Management (Under Secretary) to perform the responsibilities of the Director of the Federal Emergency Management Agency (FEMA) and the 

Under Secretary for Preparedness, and transfers all of functions, 

personnel, assets, and liabilities of FEMA and the Directorate of 

Preparedness to the new Directorate of Emergency Management 

(Directorate). As a general matter, this section restates and enhances FEMA’s role within the Department of Homeland Security 

(DHS or Department) and the Directorate. 

This section gives the Under Secretary primary responsibility 

within the executive branch for preparing for, mitigating against, 

responding to, and recovering from acts of terrorism, natural disasters, or other emergencies. Among other responsibilities, the Under 

Secretary shall serve as the Secretary of Homeland Security’s (Secretary) principal advisor on emergency preparedness, mitigation, 

response, and recovery issues; carry out all functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by Public Law 93–288); develop 

and submit the Directorate’s annual budget directly to the President; lead the development of an integrated national emergency 

management system; direct and supervise Federal homeland security grant programs; and support community preparedness. 

Moreover, this section limits the Secretary’s ability to reprogram 

and transfer funds appropriated to the Directorate. In particular, 

it requires the Secretary to comply with the applicable provisions 

of the annual Homeland Security Appropriation Act relating to reprogramming and transfers. For example, Section 503 of Title V of 

the Department of Homeland Security Appropriations Act for 

FY2006 (P.L. 109–90) expresses concern with the number of reprogramming proposals submitted for consideration by the Department and reminded the Department that reprogramming or transfer requests should be submitted ‘‘only in the case of an unforeseeable emergency or situation that could not have been predicted 

when formulating the budget request for the current fiscal year.’’ The Committee notes the concerns of many in the emergency management community regarding the reprogramming of FEMA funds 

by the Department to pay for the expenses of other components 

within the Department. It is for these reasons that the Committee 

has incorporated the appropriations provisions by reference. 

Finally, this section directs the Secretary to ensure that the Directorate possesses the staff and resources necessary to carry out 

its all-hazards mission. The Committee wants to ensure that the 

new Directorate is able to fulfill its vital responsibilities effectively, 

efficiently, and in a timely manner. 

Section 503. Principal Advisor on Emergency Management 

This section designates the Under Secretary for Emergency Management (Under Secretary) as the principal advisor to the President for all matters pertaining to emergency management in the 

United States. Under the Homeland Security Act, the Secretary of 

Homeland Security (Secretary) reports to the President and is the 

Department of Homeland Security’s (DHS or Department) top disaster official—yet emergency management is just one of the Secretary’s many responsibilities. According to the current Secretary of 


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Homeland Security’s public statements, he is neither a hurricane 

expert nor does he have significant experience in disaster management. Consequently, during Hurricane Katrina, it appears that the 

President did not receive adequate advice and counsel from senior 

disaster professionals. 

The Committee seeks to ensure qualified oversight and management of the response to catastrophic incidents by elevating the 

Under Secretary to the status of a Cabinet Officer during the effective period of an Incident of National Significance declared by the 

Secretary pursuant to the National Response Plan (NRP). Notwithstanding any provision in the NRP or Homeland Security Presidential Directive 5 (HSPD–5 ‘‘Directive on Management of Domestic Incident,’’ February 28, 2004), this section states that the Secretary, in coordination with the Under Secretary shall designate a 

Principal Federal Official for purposes of the NRP. Nothing in this 

section, however, shall be construed as affecting the authority of 

the Secretary under this Act. 

Section 504. Regional Offices 

This section establishes Regional Offices of Emergency Management in each region of the United States. The head of each Regional Office shall be the Regional Director, who shall be appointed 

by the Secretary of Homeland Security (Secretary), in consultation 

with the State, local, and tribal governments in each region. Except 

during the effective period of an Incident of National Significance 

(INS) declared by the Secretary under the National Response Plan 

(NRP), each Regional Director shall report directly to the Under 

Secretary for Emergency Management (Under Secretary). 

This section requires each Regional Office to be staffed by a Deputy Regional Director, who shall report directly to the Regional Director for each respective Regional Office. Each Regional Director 

and Deputy Regional Director shall possess: (1) a demonstrated 

ability in and knowledge of emergency management; and (2) a familiarity with the region’s geographical area and demographic 

characteristics. 

In carrying out the responsibilities of this section, each Regional 

Director must work in partnership with State, local, and tribal governments, emergency managers, emergency response providers, 

emergency support providers, medical providers, the private sector, 

non-governmental organizations, multi-jurisdictional councils of 

government, and regional planning commissions and organizations. 

On a day-to-day basis, each Regional Director must, among other 

things: (1) ensure coordination and integration of regional preparedness and response activities, including planning, training, exercises, and professional development; (2) participate in regional 

preparedness activities; (3) help the region identify critical gaps in 

preparedness and critical infrastructure protection; (4) improve information sharing; (5) encourage public and community preparedness efforts; (6) assist in the development of regional capabilities 

needed for a national catastrophic response system; (7) pre-identify 

Joint Field Office locations; (8) identify critical gaps in regional capabilities for responding to the needs of at-risk communities; and 

(9) foster mutual aid. 

During the effective period of an INS, the Under Secretary may 

designate the Regional Director as the Principle Federal Official 


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(PFO), or, as needed, the Federal Coordinating Officer (FCO) for 

the region. In addition to the PFO’s or FCO’s responsibilities under 

the NRP, the Regional Director shall: (1) establish and direct a 

Joint Field Office and any other coordination structure that is 

needed for such incident; (2) possess the authority to make any 

operational decisions necessary, within the law, without obtaining 

approval from headquarters; (3) coordinate and direct, as appropriate, Federal response assets deployed within the operational 

area; (4) serve as the primary point of contact between the Department of Homeland Security (DHS or Department), the Department 

of Defense, and the States for joint contingency planning; and (5) 

act as the Secretary’s primary point of contact and provide local situational awareness. If the Regional Director is appointed to serve 

as the PFO or the FCO, the Deputy Regional Director shall assume 

the Regional Director’s day-to-day responsibilities during that period of service. 

This section requires each Regional Director and Deputy Regional Director to complete PFO training and to undergo annual 

training with respect to the National Incident Management System 

(NIMS), NRP, and other subjects that complement their qualifications. Each Regional Director and Deputy Regional Director also 

must regularly participate in regional and national exercises. 

The Committee believes that regional preparedness is crucial to 

building a national response system that allows Federal, State, and 

local governments to work effectively together to ensure mission coordination during catastrophic incidents. Hurricanes Katrina and 

Rita, for example, exposed the insufficiency of the Federal Emergency Management Agency’s (FEMA) relationship with State and 

local emergency managers and emergency response providers. Federal emergency managers and local officials were, in many instances, literally exchanging business cards at the scene of the catastrophe. This is simply unacceptable. The Regional offices, therefore, will provide State and local governments a single point of contact within the Department to avoid such problems in the future. 

Moreover, Regional officials who are steeped in the process of regional planning, training, and education will be well-versed in the 

specific needs of their respective regions. 

To assist the Regional Directors in carrying out these important 

missions, the bill creates new Regional Advisory Councils on Emergency Management (Regional Advisory Councils). The Regional Advisory Councils will be composed of emergency managers and emergency management experts appointed by Federal, State, and local 

governments. The Committee notes that the involvement of State 

and local officials and private-sector entities in a regional preparedness system ensures they are true partners in emergency management and homeland security. 

Specifically, each Regional Advisory Council will be composed of 

subject matter experts from all levels of government and the private sector, including (1) the Departments of Defense, Health and 

Human Services, and Transportation; (2) other components of the 

Department, including the United States Coast Guard, Customs 

and Border Protection, Immigration and Customs Enforcement, 

and the Transportation Security Administration; (3) other components of the Directorate of Emergency Management, including the 

Offices of Grants and Planning, Training and Exercises, Public and 


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Community Preparedness, and Infrastructure Protection; (4) State, 

local, and tribal emergency managers, emergency response providers, and emergency response support providers; (5) private sector nongovernmental organizations, educational institutions, social 

action agencies, and faith-based organizations; and (6) State, local, 

and tribal officials. Each Member of the Regional Advisory Council 

shall serve a term of three years. 

The Regional Advisory Council shall meet at least biannually 

and advise the Regional Director on emergency management issues 

specific to that region, including any weaknesses or deficiencies in 

preparedness, mitigation, response, and recovery. It also directs the 

Regional Advisory Council to advise the Regional Director on developing a process for peer review of catastrophic emergency plans 

submitted under this section and to identify any characteristics 

unique to the region. The Regional Advisory Council is also directed to assist the Regional Director in establishing a process to 

secure goods and services through coordinated, pre-negotiated contracts by Federal, State, local, and tribal governments. 

Section 505. Chief Medical Officer 

This section authorizes the activities of the Department of Homeland Security’s (DHS or Department) recently created Chief Medical Officer (CMO). This section requires the CMO to be appointed 

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

It also authorizes a Deputy CMO to assist the CMO in carrying out 

their responsibilities. Both the CMO and Deputy CMO shall possess demonstrated ability in, and knowledge of, medicine and public health. 

The CMO will have the primary responsibility within the Department for medical issues related to acts of terrorism, natural disasters, and other emergencies. Specifically, the CMO’s responsibilities 

include: (1) serving as the Secretary of Homeland Security’s (Secretary) principal advisor on medical and public health issues; (2) 

serving as the Department’s primary point of contact with the 

other Federal Departments or agencies on medical and public 

health issues; (3) coordinating the Department’s biosurveillance 

and detection activities; (4) ensuring internal and external coordination of the Department’s medical preparedness and response activities; (5) developing and updating guidelines for State, local, and 

tribal governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapons attacks; (6) establishing doctrines and priorities for the National Disaster Medical 

System and the Metropolitan Medical Response System; and (7) developing, in consultation with the Secretary of Health and Human 

Services, appropriate patient tracking capabilities to execute domestic patient movement and evacuations, such as a system that 

has the capacity of electronically maintaining and transmitting the 

health information of hospital patients. 

This section also directs the CMO to establish a Long-Term 

Health Assessment Program to assess, monitor, and study the 

health and safety of emergency response providers and emergency 

response support providers following Incidents of National Significance (INS) declared by the Secretary under the National Response 

Plan. In carrying out this program, the CMO may enter into coopVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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erative agreements with medical institutions in the affected INS 

areas. 

The CMO, as the focal point within the Department for medical 

issues related to acts of terrorism, natural disasters, or other emergencies, will ensure the Department possesses the understanding 

needed to oversee DHS’s medical preparedness and response activities effectively, and coordinate appropriately with other Federal 

Departments and agencies on medical and public health matters. 

The CMO will play a critical role in preparing for a possible influenza pandemic and provide guidelines for medical response plans 

to State and local emergency response providers. The Committee 

recognizes that large scale emergencies pose a grave risk to our 

Nation’s health and strongly believes that the Department needs 

dedicated staff to coordinate and integrate medical preparedness 

and response activities into overarching response plans. The CMO 

will provide on-site expertise to ensure effective DHS leadership on 

medical and public health emergency preparedness and response. 

The Committee urges the CMO to appoint an animal health expert 

to provide the Office with an understanding of the issues involved 

in the transmission of animal and plant diseases in agricultural 

communities and the protocols for the quarantine of animals and 

humans. 

Section 506. National Biosurveillance Integration System 

This section codifies the currently existing National Biosurveillance Integration System (NBIS) overseen by the Chief Medical Officer (CMO). The NBIS will be a comprehensive system designed to 

integrate and fuse relevant surveillance data from public and private sources to rapidly recognize and characterize the dispersal of 

biological agents in human and animal populations, food, water, 

agriculture, and the environment. Creation of the NBIS will provide continuous bio-situational awareness to enable the recognition 

of a biological incident, whether intentional or naturally occurring, 

at the earliest possible moment. Early recognition will enable a 

quicker, better targeted, and more effective response, and prevent 

unnecessary loss of life, economic losses, and social disruption. 

Such a system will be built upon and reinforce existing Federal, 

State, local, international, and private sector surveillance systems 

and will incorporate relevant threat analysis information from the 

Intelligence Community. The Department of Homeland Security 

(DHS or Department), in cooperation with other appropriate Federal departments and agencies, integrates these efforts and disseminates assessments to appropriate Federal, regional, State and 

local response entities to support decision-making. 

The Committee recognizes both the immense value in creating 

the Nation’s first capability for comprehensive, integrated bio-surveillance situational awareness and the challenges associated with 

making this initiative a success. The effectiveness of NBIS in identifying a biological incident is limited by the quality and timeliness 

of the data it receives. Similarly, the effectiveness of NBIS as a decision-support tool for decision-makers and responders on the front 

lines depends on the extent and timeliness of the information NBIS 

disseminates. The Committee strongly encourages the CMO to establish relationships that will allow NBIS to engage in truly collaborative information sharing with information networks managed 


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by the Under Secretary of Homeland Security for Intelligence and 

Analysis and others in the Intelligence Community, and all Federal, State, local, and private sector entities with biosurveillance 

activities and the responsibility to respond to an actual biological 

incident. To provide better situational awareness and decisionmaking support for potential biological incidents, it is important 

that surveillance data and intelligence assessments and analyses 

flow into NBIS and assessments and reports flow out to emergency 

responders. 

Due to the inherently valuable, but often sensitive and sometimes classified information contained in the surveillance data 

streams flowing into NBIS, especially data regarding human 

health, the Committee requires DHS to ensure that the NBIS information management system strictly adheres to all applicable privacy laws and regulations, and enforces access controls. 

This section also establishes the Joint Biosurveillance Leadership 

Council which will be made up of representatives from Federal 

agencies with biosurveillance programs. This Council will enhance 

the cooperation and information sharing that is essential to the 

functionality of NBIS and will also provide the CMO with recommendations on ways to improve NBIS performance. The Committee urges the CMO to employ personnel, as well as details from 

NBIS contributing Federal Agencies, that understand the nature of 

the information captured by the system, and have the capacity to 

operate information-merging and fusion applications to yield informed, useful, and actionable products. The Committee requires 

an annual report to focus on progress made in implementing NBIS 

and in overcoming its challenges. 

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

This section authorizes, renames, and enhances the responsibilities of the currently existing Office of State and Local Government 

Coordination (Office). This section adds the word ‘‘Tribal’’ to the Office’s name. This change underscores the importance of tribal governments to our Nation, and addresses the need to ensure more effective coordination with tribal governments. 

This section also strengthens the responsibilities of the Office’s 

Director, particularly with respect to enhancing the Office’s relationship with State, local, and tribal governments. Among other 

things, this section requires the Director to: (1) schedule regular 

meetings with representatives selected by State, local, and tribal 

governments; (2) develop a process for receiving their meaningful 

and timely input; (3) ensure the coordination of planning, reporting, and certification requirements imposed on State, local, and 

tribal governments by the Directorate of Emergency Management; 

and (4) identify duplicative reporting and certification requirements that should be eliminated, and determine whether some reports can be used or adapted to be used to satisfy multiple reporting obligations. 

Section 508. Office of National Capital Region Coordination 

This section clarifies that the existing Office of National Capital 

Region Coordination (ONCRC) should enhance the National Capital Region’s preparedness for all-hazards, not just terrorism. The 


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Secretary of Homeland Security is required to appoint a Director 

for the ONCRC, who will report directly to the Under Secretary for 

Emergency Management. 

Section 509. National Advisory Council on Emergency Management 

This section requires the Secretary of Homeland Security (Secretary) to establish an advisory body pursuant to section 871(a) of 

the Homeland Security Act of 2002 (P.L. 107–296) for the purpose 

of assisting the Secretary in regularly reviewing, revising, or replacing the National Response Plan, the National Incident Management System, the National Preparedness Guidance, the National 

Preparedness Goal, the Target Capabilities List, the Universal 

Task List, the National Planning Scenarios, and the National Infrastructure Protection Plan. 

The Secretary, in appointing the members of this advisory 

body—to be known as the National Advisory Council on Emergency 

Management—should, to the greatest extent practicable, include a 

geographic (including urban and rural) and substantive cross section of emergency response providers, emergency support providers, 

emergency managers, and other experts from State, local, and tribal governments. The Secretary must coordinate with the Secretaries of Health and Human Services and Transportation to select 

health professionals, including emergency medical services professionals, to serve as Advisory Council members. The Departments 

of Homeland Security (DHS or Department), Health and Human 

Services, and Transportation shall have ex officio members. 

To achieve its advisory mission, the Advisory Council must submit a report for the Secretary’s consideration within twelve (12) 

months of its establishment, and every two (2) years thereafter, on 

recommended ‘‘essential capabilities’’ for different types of communities. Among other things, the Advisory Council’s report must include a priority ranking of essential capabilities and a methodology 

by which State, local, and tribal governments can determine 

whether they possess or have access to these essential capabilities. 

Emergency management and homeland security are national, not 

just Federal, missions. The Committee seeks to ensure that the Department relies on the expertise of State, local, and tribal officials 

and others who know their communities best and are ideally positioned to assist the Department in fulfilling its missions. The Committee also recognizes the immense value of private sector participation in preventing, preparing for, responding to, and recovering 

from acts of terrorism, natural disasters, and other emergencies, 

and strongly encourages the Department to coordinate with the private and non-governmental sectors to ensure adequate planning, 

equipment, training, and exercise activities, and to promote partnerships to address incident management capabilities. 

Section 510. Reorganization of Directorate 

This section prohibits the Secretary of Homeland Security from 

allocating, reallocating, establishing, consolidating, altering, or discontinuing organizational units within the Directorate of Emergency Management under the authority of section 872 of the Homeland Security Act of 2002 (P.L. 107–296) until 120 days following 

the date on which the Secretary submits a report to Congress describing the proposed organizational changes. 


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SUBTITLE B—EMERGENCY PREPAREDNESS

Section 521. Office of Grants and Planning 

Together, this section and section 522 divide the Department of 

Homeland Security’s (DHS or Department) existing Office of 

Grants and Training (G&T) into separate offices—the Office of 

Grants and Planning (Office) and the Office of Training and Exercises. Specifically, this section transfers the grant and planning responsibilities of G&T to the Office. The head of the Office will be 

the Assistant Secretary for Grants and Planning (Assistant Secretary), who shall be appointed by the President, by and with the 

advice and consent of the Senate. The Assistant Secretary will report directly to the Deputy Under Secretary for Preparedness and 

Mitigation. 

The Committee believes that overseeing Federal grants and planning programs are responsibilities that require specific attention 

and expertise. With more focused responsibilities, the Assistant 

Secretary will be able to more effectively ensure proper coordination of Federal homeland security assistance programs, establish 

incentives for the efficient administration of Federal homeland security assistance, evaluate the effectiveness of funded programs, 

and disseminate lessons learned with respect to their administration. 

This section directs the Assistant Secretary to: (1) oversee Federal homeland security assistance programs administered by the 

Department for acts of terrorism, natural disasters, and other 

emergencies; (2) establish incentives for the effective administration of such programs; (3) evaluate the effectiveness of funded Department programs; (4) provide technical assistance to State, local, 

and tribal governments on catastrophic planning; and (5) assess 

the effectiveness of preparedness capabilities at all levels of government. 

This section also directs the Assistant Secretary to review and 

revise on a periodic basis, but not less than biennially, and in consultation with the National Advisory Council under section 508, 

preparedness documents and capabilities-based planning tools related to catastrophic acts of terrorism, natural disasters, and other 

emergencies, including the National Preparedness Goal, the National Preparedness Guidance, the Targeted Capabilities List, the 

Universal Task List, the National Planning Scenarios, and any 

other documents or planning tool in support of Homeland Security 

Presidential Directive–8 (HSPD–8, ‘‘National Preparedness,’’ December 17, 2003). 

Section 522. Office of Training and Exercises 

This section transfers the training, exercises, and remedial action 

responsibilities of the Office of Grants and Training to the new Office of Training and Exercises (Office). An Assistant Secretary for 

Training and Exercises (Assistant Secretary), who shall be appointed by the President, by and with the advice and consent of the 

Senate, will head the Office. The Assistant Secretary shall report 

directly to the Deputy Under Secretary for Preparedness and Mitigation. With more focused responsibilities, the Assistant Secretary 

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forming, and evaluating training programs and exercises at all levels of government. 

Moreover, this section directs the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary, to establish and administer a comprehensive National Exercise Program to 

conduct exercises that will enhance coordination for preparedness 

between all levels of government and be: (1) multi-disciplinary in 

nature; (2) as realistic as possible; (3) conducted with the minimum 

degree of notice; (4) evaluated against performance measures; (5) 

assessed to learn ‘‘best practices’’ and followed by ‘‘corrective actions.’’ As part of this exercise program, the Secretary must design 

and execute periodically, but not later than biennially, two different types of national level exercises involving high-ranking officials. The first will test and evaluate our Nation’s readiness to respond to catastrophic acts of terrorism, natural disasters, and other 

emergencies. The second will test and evaluate our Nation’s capability to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of 

mass destruction. 

This section directs the Secretary, acting through the Assistant 

Secretary, to establish and administer a National Training Program for the purpose of enhancing the capabilities of the Nation’s 

emergency response providers to prevent, prepare for, respond to, 

mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies. The training program must be designed to reach multiple disciplines and utilize 

multiple training mediums and methods, including direct delivery, 

train-the-trainer, computers, and video teleconferencing. This program must be evaluated against clear, consistent performance 

measures and, to the maximum extent practicable, utilize existing 

State, regional, and tribal training institutions. Additionally, with 

respect to both the training and exercise programs, the Secretary 

must ensure that they are consistent with, and support implementation of, the NIMS, the NRP, the National Infrastructure Protection Plan, and other such National emergency management initiatives. 

It is essential to ensure that the Department of Homeland Security (Department) correct the problems that plague its training, exercises, and lessons learned programs. Therefore, this section establishes a Remedial Action Management Program to: (1) identify 

and analyze training, exercises, and real-world events for lessons 

learned and best practices; (2) disseminate the lessons learned and 

best practices; (3) monitor the implementation of those lessons 

learned and best practices; (4) conduct remedial action tracking 

and long-term trend analysis; and (5) certify that recipients of Federal homeland security assistance have implemented the lessons 

learned and best practices as appropriate. 

This section establishes a new National Exercise Simulation Center to prepare elected officials, emergency response providers, and 

emergency response support providers at all levels of government 

to operate cohesively, provide a learning environment for all Federal homeland security personnel, assist in the development of 

operational procedures, and allow incident commanders to exercise 

decisionmaking in a simulated environment. Consistent with 

Homeland Security Presidential Directive–8 (HSPD–8, ‘‘National 


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Preparedness,’’ December 17, 2003), the Committee stresses the importance of establishing a robust program of exercises at all levels 

of government and across all disciplines that include intelligencedriven, threat-based scenarios that stress the national preparedness system. 

Finally, this section transfers the Noble Training Center to the 

Center for Domestic Preparedness. The Committee recognizes that 

the Noble Training Center and the Center for Domestic Preparedness are organizationally located within the Directorate for Emergency Management, as well as physically located one mile apart at 

the former Ft. McClellan Army Base in Anniston, Alabama. The 

Committee notes that merging the Noble Training Center with the 

Center for Domestic Preparedness will strengthen training for 

emergency response providers by leveraging training curricula, 

trainers, facilities, and management. The Committee also expects 

the merger to result in operational efficiencies and cost-savings. 

The section specifically provides that the Center for Domestic Preparedness will integrate the Noble Training Center into the Center 

for Domestic Preparedness’ program structure. 

The Committee firmly believes that the Department needs to revamp and reorganize its activities and programs related to emergency response provider exercises, training, and best practices. It 

is well established that Federal, State, and local elected officials 

and others were neither trained to nor capable of responding effectively to catastrophic incidents. Indeed, lessons learned from prior 

exercises such as ‘‘Hurricane Pam,’’ conducted in New Orleans, 

Louisiana, were not effectively implemented. As a result, the response to Hurricane Katrina demonstrated a lack of familiarity 

with basic concepts, such as incident command as well as Federal, 

State, and local response plans. The Committee’s decision to establish an office dedicated solely to exercises, training, and remedial 

action should enable the Department to design and implement 

more effective programs in these areas. 

Section 523. Essential Capabilities 

This section requires the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary for Grants and 

Planning, to regularly update, revise, and replace essential capabilities for State, local, and tribal government emergency preparedness. Essential capabilities shall specifically describe the planning, 

training, personnel, and equipment that State, local, and tribal 

governments should possess or have access to in order to effectively 

and efficiently prevent, prepare for, respond to, mitigate against, 

and recover from acts of terrorism, natural disasters, and other 

emergencies. In doing so, the Secretary must consult with the National Advisory Council on Emergency Management established by 

Section 508, other components of the Department, including the 

Under Secretary for Science and Technology, the Chief Intelligence 

Officer, the Assistant Secretary for Infrastructure Protection, and 

the Assistant Secretary for Policy, the Secretary for Health and 

Human Services, and other appropriate Federal Departments and 

agencies, State, local, and tribal emergency response providers and 

emergency response support providers, and State and local prevention and emergency management officials, including Adjutants 

General and Sheriffs. 


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In updating, revising, or replacing these essential capabilities, 

this section directs the Secretary to specifically consider the variables of threat, vulnerability, and consequences to specific: populations (including transient commuting and tourist populations), 

areas of high population density, critical infrastructure, coastline, 

and international borders. This section further requires the Secretary to promptly provide a report containing a detailed description of essential capabilities to State, local, and tribal governments 

and Congress. 

The Committee recognizes that different types of communities require different baseline needs and priorities. The establishment of 

essential capabilities for emergency preparedness will assist a community in making the determination of what planning, training, 

equipment, and other capabilities it requires to respond effectively 

to the specific risks that it faces. Moreover, the Committee values 

the input and expertise of emergency response providers, emergency support providers, emergency managers, and other experts 

from State, local, and tribal governments. The Committee believes 

these entities have the requisite knowledge and are best positioned 

to inform the process during the establishment of these baseline capabilities for their local communities. 

Section 524. Catastrophic Planning 

This section directs the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary for Grants and 

Planning, to require State and urban areas applying for Federal 

homeland security financial assistance administered by the Department of Homeland Security (DHS or Department) to update and 

implement catastrophic emergency plans as a condition of funding. 

Such plans shall describe, among other things: (1) the procedures 

for evacuation and sheltering in place for the general population; 

(2) the procedures in place to address the pre-positioning of food, 

medical, and fuel supplies; (3) regional planning and mutual aid 

agreements; (4) the procedures for evacuation and sheltering in 

place for populations with special needs, including persons with 

disabilities, health problems, and language barriers, children, and 

individuals with pets, service animals, or farm animals; (4) sheltering options for displaced populations; (5) the adequacy of delivery networks for critical services and supplies; (6) procedures and 

policies for the continuity of essential services; and (7) search and 

rescue procedures for populations with special needs. 

This section also requires each State and urban area to exercise 

their emergency plans. The plans also must be consistent with, and 

support implementation of, State and urban area homeland security plans or strategies, the National Incident Management System, the National Response Plan, the National Preparedness Goal, 

and other such national initiatives. In developing their plans, 

States and urban areas must consult with local governments and 

a geographic and substantive cross section of emergency managers, 

emergency response providers, and emergency support providers 

within the relevant State or urban area. 

This section directs each Regional Director for Emergency Management to develop a process of peer review for any catastrophic 

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submit a peer review plan to the National Advisory Council on 

Emergency Management, created under section 509, for review and 

approval. 

Finally, this section directs the Secretary, acting through the Assistant Secretary for Training and Exercises, to develop a lessons 

learned and remedial action strategy for catastrophic planning. 

Section 525. System Assessment and Validation for Emergency Responders Program 

This section authorizes the Secretary of Homeland Security, acting through the Under Secretary for Emergency Management, to 

establish the System Assessment and Validation for Emergency Responders (SAVER) Program to provide the emergency response 

community with high quality, impartial, and operationally relevant 

evaluations and validations of critical emergency response provider-related equipment and systems in an operationally useful 

form. These assessments and validations must: (1) include commercial, off-the-shelf emergency response provider equipment and systems in all Interagency Board for Equipment Standardization and 

Interoperability equipment list categories; (2) provide information 

that enables decision-makers and emergency response providers to 

better select, procure, use, and maintain emergency response provider equipment; (3) provide information and feedback to the user 

community through a well-maintained database; and (4) utilize 

multiple evaluation techniques. 

The Committee supports the SAVER Program and its efforts to 

help State, local, and tribal emergency response providers, who 

often face a wide range of confusing options when selecting emergency equipment. 

Section 526. Homeland Security Education Program 

This section directs the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary for Training and 

Exercises, to establish a graduate-level Homeland Security Education Program (Program) in the National Capital Region. 

The Committee finds that important unmet requirements exist in 

the National Capital Region for graduate-level education to prepare 

government officials in senior homeland security, emergency management, and counterterrorism assignments at the Federal, State, 

tribal, and local levels. The Committee further notes that the Department of Homeland Security (DHS or Department) has already 

funded the development of a Department-reviewed Master’s Degree 

curriculum in homeland security, which currently is being implemented outside the National Capital Region. 

This section, therefore, directs DHS to leverage this proven, Department-approved Master of Arts curriculum, and utilize the expertise of the institutions already delivering this curriculum to 

maximize efficiency and effectiveness in the Program’s development 

and execution. Such leveraging will include the use of existing 

learning materials, quality assessment tools, digital libraries, exercise programs, and other curriculum components. 

This section authorizes the Under Secretary of Emergency Management (Under Secretary) to designate students, who are officials 

from Federal, State, tribal, and local governments, as well as from 

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retary shall also establish policies governing student enrollment 

and selection criteria, consistent with the Program’s mission. In 

doing so, the Under Secretary shall take reasonable steps to ensure 

diversity among the student body. 

The Committee intends that students in the Program will continue to serve in their public sector capacity for at least two years 

after receiving training through the Program. If an official who 

completes training separates from his or her agency position prior 

to the two-year period, that official would be required to reimburse 

the Government on a pro rata basis for the expenses incurred for 

the time remaining in the two-year period. Appropriate exemptions 

are included in this subsection. 

The Committee believes the Under Secretary should be responsible for specifying the Program’s curriculum requirements. The 

Committee also expects the Under Secretary to establish appropriate policies governing the recruitment and governance of the 

Program’s faculty, and for the identification of leadership positions 

within the Program necessary for its management. In establishing 

the Program’s staffing and governance policies, the Under Secretary shall, to the maximum extent possible, leverage the faculty 

and collaborative governance arrangements already established between existing DHS-sponsored Master’s Degree graduate education 

and training programs. 

Section 527. Office of Public and Community Preparedness 

This section establishes the Office of Public and Community Preparedness (Office). The head of the Office shall be the Director for 

Public and Community Preparedness, who shall be appointed by 

the Secretary and report directly to the Assistant Secretary for 

Grants and Planning. 

This section directs the Secretary of Homeland Security to consolidate the Department’s various public and community preparedness activities and programs into the Office, including: (1) the component programs of Citizen Corps—such as Community Emergency 

Response Teams, Fire Corps, Volunteers in Police Service, USA on 

Watch, and the Medical Reserve Corps; and (2) the Office of Public 

Affair’s internet website known as Ready.gov. It also authorizes the 

National Citizen Corp Council to ensure and facilitate collaboration 

in support of the Citizen Corps Program. The Council will be composed of national leaders of organizations representing emergency 

response providers, emergency response support providers, community and volunteer service providers, and the private sector. 

The Committee strongly agrees with the notion that disaster preparedness begins with the public. Indeed, grassroots preparedness 

should be the cornerstone of the national effort. However, the Committee also recognizes that many citizens are unsure of what they 

can, and should, do to prepare themselves and their families for 

catastrophic acts of terrorism, natural disasters, and other emergencies. The Committee, therefore, considers it imperative to better 

educate, inform, and engage the public on this front. 

The Committee also notes that individuals with disabilities, 

health problems, language and income barriers, the elderly, children, and individuals with pets or other animals often face unique 

preparedness challenges. Thus, this section requires the Director to 


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establish specialized programs to assist these particular populations prepare for catastrophic events. 

SUBTITLE C—EMERGENCY RESPONSE

Section 541. NIMS and NRP Integration Center 

This section authorizes the National Incident Management System and National Response Plan Integration Center (NIC) and delegates it formal responsibility for the ongoing management and 

maintenance of both the National Response Plan (NRP) and the 

National Incident Management System (NIMS). 

In an effort to coordinate all possible responding agencies in the 

event of an act of terrorism, natural disaster, or other emergency, 

President Bush issued Homeland Security Presidential Directive 5 

(HSPD–5, ‘‘Directive on Management of Domestic Incidents,’’ February 28, 2003). In HSPD–5, the President directed the Department of Homeland Security (DHS or the Department) to create the 

NRP and NIMS to provide a consistent nationwide framework for 

Federal, State, and local governments to work effectively and efficiently together to manage domestic incidents, regardless of their 

cause. Specifically, the Department released NIMS in March 2004. 

NIMS provides a consistent nationwide framework for Federal, 

State, tribal, and local governments and private sector and nongovernmental organizations to work together to prevent, prepare 

for, respond to, and recover from domestic incidents, regardless of 

cause, size, or complexity, including acts of catastrophic terrorism. 

DHS released the NRP in December 2004. The NRP is an all-discipline, all-hazards plan that provides the structure and mechanisms for coordinating Federal support to State and local government during an Incident of National Significance (INS). 

This section requires the Director of the NIC, in consultation 

with the Assistant Secretary for Grants and Planning and with the 

National Advisory Council on Emergency Management, to revise 

the NRP and NIMS, to: (1) clarify the roles of the Principal Federal 

Office and the Federal Coordinating Officer; (2) establish an Emergency Support Function (ESF) for Volunteers and Donations under 

the NRP; (3) realign the ESFs of the NRP to ensure consistency 

with NIMS; (4) develop doctrines and procedures for the management of multi-State emergencies; (5) finalize and release the Catastrophic Incident Supplement (CIS) to the NRP; and (6) improve 

the utilization of Federal, State, local, and tribal capabilities and 

equipment. 

This section requires the NIC Director to: (1) develop a national 

program for NIMS and NRP education and awareness; (2) develop 

performance measures and assessment criteria for NIMS and NRP 

components, and compliance requirements and timelines for implementation by Federal, State, local, and tribal governments; (3) define general training requirements and national-level training 

standards; (4) facilitate the development of national voluntary consensus standards and guidelines for incident management training 

and exercises; (5) facilitate the development and publication of 

those national standards for the qualification and certification of 

emergency responder and incident management personnel; and (6) 

accelerate the credentialing and resource-typing processes. Finally, 

this section also directs the Director to establish a peer review 


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process for State and local NIMS compliance certifications to verify 

the satisfaction of training, planning, exercising, and other metrics. 

The Committee notes that Hurricane Katrina exposed numerous 

deficiencies in the existing national framework for emergency management, including specific mistakes that delayed an appropriate 

Federal response. Confusion accompanied the implementation of 

the NRP, causing key elements of the plan to be executed late, ineffectively, or not at all. According to media reports following Hurricane Katrina, Federal, State, and local emergency responders assisting officials in Louisiana experienced extreme difficulty with incident command, control, and communications. The apparent lack 

of unified command during the response to Hurricane Katrina 

raises questions about our Nation’s progress in implementing 

NIMS. Consistent with HSPD–5, the Committee seeks to provide 

greater strategic direction for the NIC in its long term oversight 

and continuous refinement of its components and of the NRP and 

NIMS. 

Furthermore, Hurricane Katrina confirmed that the standard 

‘‘reactive’’ nature of Federal assistance, while appropriate in most 

disasters, is insufficient during disasters of catastrophic proportions. When State and local governments are functionally overwhelmed or incapacitated, the Federal government must be prepared to respond proactively. The Committee notes that the CIS to 

the NRP is intended to address such a scenario, but the CIS was 

in draft form at the time Hurricane Katrina made landfall, and, 

therefore, was not invoked. The Committee considers it imperative 

that the Secretary clarify, finalize, and release the CIS, including 

the circumstances in which it is appropriate for the Federal government to push resources into an affected area to accelerate assistance to overwhelmed States and localities absent a State request. 

The Committee believes it is vital to establish an Emergency 

Support Function dedicated to Volunteers and Donations for the 

purpose of developing a robust, coordinated volunteer management 

and donations system. The Committee notes that, in the immediate 

aftermath of Hurricane Katrina, there was a lack of effective coordination between non-governmental organizations and Federal, 

State, and local emergency management officials. As a result, many 

charities and organizations were inundated with offers of aid but 

were unable to adequately respond to demands and direct offers of 

assistance, or to inform volunteers about appropriate disaster response opportunities. 

Section 542. Use of National Private Sector Networks in Emergency 

Response 

This section directs the Secretary of Homeland Security, where 

applicable, to use private sector networks and infrastructure for 

emergency response to acts of terrorism, natural disasters, and 

other emergencies. This section restates a provision of Title V of 

the Homeland Security Act of 2002 (P.L. 107–296), with minor 

technical changes to include natural disasters, not just acts of terrorism, in order to reflect the all-hazards responsibilities of the Department of Homeland Security. 


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Section 543. Nuclear Incident Response 

This section restates a provision of Title V of the Homeland Security Act of 2002 (P.L. 107–296) with minor technical changes. Specifically, it gives the Secretary of Homeland Security authority to 

direct and control the Nuclear Incident Response Team (NIRT) in 

connection with acts of terrorism, natural disasters, and other 

emergencies. This section also directs the Secretary to establish 

performance standards for the NIRT and to conduct training and 

exercises. 

Section 544. National Urban Search and Rescue Response System 

This section authorizes the currently existing, but unauthorized, 

National Urban Search and Rescue Response System. This system 

provides a National network of standardized search and rescue resources to assist State, local, and tribal governments in responding 

to acts of terrorism, natural disasters, and other emergencies. Specifically, this section directs the Under Secretary for Emergency 

Management (Under Secretary) to select and designate State and 

local government-sponsored urban search and rescue teams to participate as task forces. This section directs the Under Secretary to 

establish and maintain an advisory committee to provide expert 

recommendations with respect to administering the System. This 

section authorizes $40 million for each of the Fiscal Years 2007 to 

2009 and such sums as may be necessary thereafter. 

During Hurricane Katrina, Urban Search and Rescue (US&R) 

teams performed exceptionally well, ultimately rescuing over 6,500 

people. The Committee recognizes the value of these teams and 

seeks to ensure that they receive proper guidance and are adequately trained and equipped to maximize their effectiveness and 

meet the demands of their mission. The Committee also notes that 

privately employed and qualified personnel affiliated with US&R 

teams make valuable contributions to the effectiveness of US&R 

teams. These individuals, including doctors, engineers, and canine 

handlers, should not be excluded from the makeup of a US&R team 

under this section. 

Section 545. Metropolitan Medical Response System 

This section authorizes the currently existing, but unauthorized, 

Metropolitan Medical Response System (MMRS). It directs the Assistant Secretary for Grants and Planning to administer grants to 

develop, maintain, and enhance medical preparedness and response 

systems to ensure they are capable of responding effectively during 

the initial hours of a public health crisis or mass-casualty event. 

Grant recipients may use funds to enhance their medical preparedness and response capabilities, such as, medical surge capacity; 

mass prophylaxis; chemical, biological, radiological, nuclear, and 

explosive detection, response, and decontamination capabilities; 

triage and pre-hospital treatment; medical supply management and 

distribution; and fatality management. This section authorizes $60 

million in funds for each of the fiscal years 2007 through 2010. 

This amount would double the funding this important program has 

received in recent fiscal years. 

The increased funding for the MMRS program will enable jurisdictions to achieve an enhanced capability to respond to weapons 

of mass destruction mass casualty events during the first hours so 


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crucial to lifesaving and population protection until significant external assistance can arrive. In light of the risks posed by a possible H5N1 pandemic influenza and other bio-hazards, the Committee believes it is imperative that the system is properly funded 

and maintains adequate resources. 

Section 546. Emergency Management Assistance Compact Authorization 

This section directs the Secretary of Homeland Security, acting 

through the Under Secretary for Emergency Management, to make 

grants for the purpose of administering the Emergency Management Assistance Compact (EMAC). Such grants may be used to 

carry out recommendations identified in the after-action reports for 

the 2004 and 2005 hurricane seasons and to coordinate Federal, 

State, and local government participation in the EMAC. 

The Committee recognizes the immense value of EMAC. EMAC 

is a Congressionally ratified organization that provides form and 

structure to interstate mutual aid. Through EMAC, a disaster impacted State can request and receive assistance from other member 

States quickly and efficiently, and resolve upfront the two key 

issues of liability and reimbursement. EMAC serves as a critical 

part of the national emergency management framework and deserves praise for its operations during Hurricanes Katrina and 

Rita. EMAC successfully provided unprecedented levels of response 

and recovery personnel and assets to the Gulf Coast in record time. 

Therefore, the Committee believes that EMAC should be supported 

and given additional resources to maximize its effectiveness and 

implement lessons learned. 

SUBTITLE D—EMERGENCY COMMUNICATIONS

Section 561. Office of Emergency Communications 

This section establishes an Office of Emergency Communications 

(Office) within the Department of Homeland Security (DHS or Department). The head of this new Office is the Assistant Secretary 

for Emergency Communications (Assistant Secretary), who shall be 

appointed by the President, by and with the advice and consent of 

the Senate. The Assistant Secretary shall report directly to the 

Under Secretary for Emergency Management (Under Secretary). 

The Assistant Secretary will be responsible for, among other 

things: (1) assisting the Secretary in developing and implementing 

the interoperable emergency communications program described in 

section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108–458); (2) administering the Wireless 

Public Safety Interoperable Communications (SAFECOM) Program, 

the Department’s responsibilities related to the Integrated Wireless 

Network, and the Interoperable Communications Technical Assistance Program; (3) coordinating with the Assistant Secretary for 

Cybersecurity and Telecommunications regarding the administration of the National Communications System; (4) fostering the development of interoperable emergency communications capabilities 

by State, local, tribal, and public safety agencies; (5) promoting the 

development of standard operating procedures for the use of emergency communications for incident response; (6) coordinating the 

establishment of a national response capability to deploy backup 


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communications services in the event of an inoperable environment; (7) establishing requirements for total and nonproprietary 

interoperable emergency communications capabilities for all public 

safety radio and data communications systems and equipment; (8) 

helping establish an integrated national public alert and warning 

system; and (9) reviewing Statewide and tactical interoperability 

plans. 

This section directs the Assistant Secretary to coordinate, as appropriate, with the Director of the Office of Interoperability and 

Compatibility with respect to the development of interoperability 

standards and research, development, testing, and evaluation of 

emergency communications equipment. This section also requires 

the Secretary to report to Congress, not later than 60 days after 

enactment, on the resources and staff necessary to carry out the responsibilities of this subtitle. The Government Accountability Office 

(GAO) shall review the validity of the report on adequate staffing 

and resources submitted by the Secretary and submit the findings 

of its review to Congress. 

The Committee strongly believes that the Department needs to 

elevate the importance of emergency communications, consolidate 

the Department’s disparate emergency communications activities 

and programs, and designate a single person to be accountable for 

progress in this area. Currently, the Department’s principal office 

for emergency communications, the Office of Interoperability and 

Compatibility (OIC), is buried within the Office of Systems Engineering and Development, which is located in the Directorate of 

Science and Technology (S&T). Much of what OIC does, such as 

certifying all DHS interoperability programs, overseeing the development and implementation of technical assistance for public safety interoperability, and coordinating interoperability grant guidance, is not related whatsoever to the core mission of the S&T Directorate. 

Moreover, given that strengthening emergency communications 

capabilities is one of our Nation’s top priorities under the National 

Preparedness Goal and that State and local governments have 

spent billions in DHS funds on interoperable emergency communications capabilities, the Committee is disappointed that the Department has not given the issue more prominence or attention. Effective communication is essential to our Nation’s emergency response providers’ ability to protect and preserve life, property, and 

natural resources and to manage a crisis, regardless of its cause, 

scope, or severity. Without the ability to communicate and obtain 

timely and reliable information, our Nation’s emergency response 

providers, emergency support providers, and government officials 

simply cannot fulfill their assigned responsibilities. 

Section 562. National Emergency Communications Strategy 

This section directs the Secretary of Homeland Security, acting 

through the Assistant Secretary for Emergency Communications 

and in cooperation with other Federal Departments and agencies, 

State, local, and tribal governments, emergency managers, emergency response providers, emergency response support providers, 

and the private sector, to develop a National Emergency Communications Strategy (National Strategy). 


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This National Strategy must include a national interoperable 

emergency communications inventory that identifies the channels 

and frequencies used by each Federal Department and agency, 

identifies the interoperable emergency communications systems in 

use for public safety, and lists the public safety mutual aid channels in operation and their ability to connect to interoperable communications systems. The National Strategy must also identify a 

process for expediting the promulgation of national voluntary consensus standards, determine the appropriate interoperable communications capabilities necessary for intergovernmental operations, 

address both short-term and long-term solutions for achieving 

intergovernmental interoperability, identify obstacles to achieving 

interoperable emergency communications, and set goals and establish timeframes for achieving interoperability. 

The Committee urges the Secretary to complete the National 

Strategy as soon as possible. The absence of a framework that ensures emergency response providers can communicate with each 

other on demand, in real time, has hampered our Nation’s ability 

to organize and prioritize our investments of time and money, and 

connect various Federal, State, regional, and local plans and architectures. Given the vast amount of time and money the Federal 

government has already committed to solving the problem of public 

safety emergency communications, it is simply inconceivable that 

there is still no basic blueprint, similar to the National Strategy to 

Secure Cyberspace, providing direction to Federal Departments and 

agencies for coordinating and focusing efforts at all levels of government and the private sector. 

Section 563. Assessments and reports 

This section requires the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary for Emergency 

Communications, to conduct nationwide baseline operability and 

interoperability assessments. The assessment shall be provided not 

later than one year after enactment, and not less than every 5 

years thereafter, and shall: (1) define the range of needed interoperable emergency communications capabilities; (2) assess current 

capabilities; and (3) identify the gap between current capabilities 

and defined requirements. Not later than one year after the date 

of enactment, and annually thereafter, the Secretary must submit 

a report to Congress documenting the Department of Homeland Security’s (DHS or Department) progress toward implementing and 

achieving the goals set forth in this subtitle, including: (1) the degree to which interoperable communications has been achieved to 

date and the needs that remain for interoperability to be achieved; 

(2) the ability of communities to achieve and maintain emergency 

communications during emergencies; (3) a list of best practices 

among communities for providing and maintaining such communication; and (4) the feasibility of developing a readily-deployable, 

mobile emergency communications capability within the Department to support State, local, and tribal governments. Additionally, 

this section requires the Department to monitor and report regularly on the progress and developments toward achieving and 

maintaining operable and interoperable emergency communications. 


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The Committee believes it is imperative for the Office of Emergency Communication to get a ‘‘snapshot’’ of the state of operability 

and interoperability across the Nation in order to properly develop 

and implement a comprehensive emergency communications plan. 

The Committee also notes that the Wireless Public Safety Interoperable Communications (SAFECOM) Program initiated a National Interoperability Baseline Study in January 2005. Although 

the Committee supports this survey, which will provide a statistically significant, quantitative measurement of communities’ progress developing emergency communications, it is not as comprehensive as the one authorized in this section. 

Section 564. Coordination of Federal Emergency Communications 

grant programs 

This section directs the Secretary of Homeland Security, acting 

through the Assistant Secretary for Emergency Communications, to 

assess Federal grants and standards programs managed by other 

Federal Departments and agencies to: (1) better integrate and coordinate Federal grant guidelines; (2) ensure conformity of all 

guidelines with the mission of the Office of Emergency Communications; and (3) ensure conformity among Federal programs with the 

goals and objectives identified in the National Emergency Communications Strategy under section 562. 

The section also prohibits State, local, and tribal governments 

from using Federal homeland security assistance administered by 

the Department of Homeland Security (DHS or Department) for 

purposes of achieving, maintaining, or enhancing interoperable 

emergency communications in two situations. First, no funding 

may be used to purchase emergency communications equipment if 

States have not complied with the requirement of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (P.L. 108–458) to 

submit Statewide Interoperable Communications Plans. Second, no 

funding may be used if, within three years after the date of enactment of this section, national voluntary consensus standards for 

interoperable emergency communications have not been developed 

or promulgated. In that instance, this section directs the Secretary, 

in coordination with other Federal departments and agencies with 

responsibilities for standards, to develop, promulgate, and revise 

such national voluntary consensus standards within four years of 

the date of enactment. 

This section also transfers responsibility for administrating the 

$1 billion interoperability grant program from the National Telecommunications and Information Administration (NTIA) at the Department of Commerce to the Office of Emergency Communications. The Committee notes that NTIA lacks the Department’s experience in administering grants to State and local governments. 

Indeed, NTIA has never administered grants for interoperability, 

let alone any grants for emergency response providers. Rather, 

NTIA manages the Federal use of spectrum, performs telecommunications research and engineering, and resolves technical 

issues for the Federal government and the private sector. The Department of Homeland Security (DHS), which administers billions 

of dollars in grants, clearly possesses the policy expertise and legal 

authorities necessary to administer this program. Thus, DHS, not 

NTIA, should be responsible to award these funds. 


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Section 565. Regional Emergency Communications Coordination 

This section requires the Department of Homeland Security 

(DHS or Department) to establish Regional Emergency Communications Coordination Working Groups (Working Groups) in each 

of the Regional Offices created by section 504. Each Working Group 

will include subject matter experts, including representatives from 

State and local governments, fire, and 911 services, and police, 

communications equipment vendors, hospitals, utilities, local exchange carriers, broadcast media, wireless carriers, satellite communications services, emergency evacuation transit services, and 

emergency managers. 

This section directs Working Groups to address a variety of 

issues, including: the (1) operability of regional communications 

structures and systems; (2) status of the region in developing and 

building out a sustainable interoperable voice and data emergency 

communications network; and (3) viability of establishing regional, 

multi-jurisdictional, multi-agency emergency communications network for use during acts of terrorism, natural disasters, and other 

emergencies. The Working Groups would report to the Assistant 

Secretary for Emergency Communications on their respective regions’ status in building a robust and sustainable interoperable 

voice and data emergency communications network and on their respective regions’ progress toward meeting the goals of the National 

Emergency Communications Strategy. 

The Committee strongly encourages the Department to work 

with a wide range of experts to ensure that each region has the 

ability to communicate during an act of terrorism, natural disaster, 

or other emergency. A number of regions have existing coordinating 

structures, pursuant to their State plans, and have had great success in achieving interoperability at the local level. The Committee 

believes that the Department would benefit by more effectively tapping into the expertise of State and local government agencies, 

which, incidentally, carry the vast majority of the financial burden 

of investing and deploying sound interoperable emergency communication systems and capabilities. 

Section 566. Emergency Communications Preparedness Center 

This section directs the Secretary of Homeland Security (Secretary), acting in consultation with the Secretaries of Commerce 

and Defense, the Attorney General, the Chairman of the Federal 

Communications Commission, and the heads of other appropriate 

Federal departments and agencies, to establish, and jointly operate, an Emergency Communications Preparedness Center (Center). 

The Secretary will serve as the chair of the Center, which shall be 

governed by a Memorandum of Understanding to be negotiated between the relevant departments and agencies. The Center will, 

among other things: (1) serve as the focal point for Federal interagency efforts on public safety emergency communications; (2) act 

as a clearinghouse for the Federal government’s efforts to achieve 

nationwide interoperable communications; and (3) ensure cooperation among the relevant Federal departments and agencies to implement the goals of the National Emergency Communications 

Strategy; and (4) prepare and submit to Congress, on an annual 

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cies’ activities to implement the recommendations of the National 

Strategy. 

The Departments of Homeland Security, Justice, Defense, and 

Commerce and the Federal Communications Commission are just 

a few of the Federal departments and agencies that administer programs related to emergency communications. Given the critical importance of the issue and the apparent lack of cooperation and coordination between these Federal departments and agencies, the 

Committee firmly believes that the Center will serve as an important forum to facilitate more effective interagency efforts. 

Section 567. Urban and other high risk area communications capabilities 

This section restates a provision from current law as reflected in 

Title V of the Homeland Security Act of 2002 (Public Law 107–

296), which was established by section 7303(d) of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (P.L. 108–458). The 

Committee strongly supports the Department of Homeland Security’s efforts to improve emergency communications in urban and 

other high risk areas. 

Section 568. Integrated National Alert and Warning System 

This section directs the Secretary of Homeland Security, acting 

through the Assistant Secretary for Emergency Communications, 

and in coordination with the head of any Federal Department or 

agency that possesses or acquires public alert and warning capabilities, to develop, manage, operate, and coordinate an Integrated 

National Public Alert and Warning System (System). This section 

requires the System to be operational within three years of enactment. 

This section requires the System to, among other things: (1) complement and provide interoperability with State, local, and tribal 

public warning systems; (2) provide standard protocols for interoperability among multiple technologies; (3) carry all-hazards alert 

and warning messages; (4) incorporate technologies and systems to 

ensure effective alerts and warnings for people with disabilities 

and non-English speakers; (5) develop public-private partnerships 

to leverage government and industry needs, capabilities, and resources necessary to deliver effective warnings; and (6) promulgate 

rules and regulations necessary to manage and operate the System. 

The Secretary must develop an implementation plan within 180 

days of enactment. 

The Committee is concerned with our Nation’s lack of a comprehensive, all-hazards emergency alert and warning system. Indeed, Federal departments and agencies currently administer at 

least seven different emergency alert and warning systems intended to notify the public, Federal officials, and State and local 

authorities of imminent danger to public health and safety. These 

existing systems have failed to utilize advanced technology to effectively leverage government and industry needs, capabilities, and 

resources. In addition, these systems are simultaneously over-inclusive and under-inclusive, lack interoperability, and have insufficient standards, protocols, and procedures for developing and 

issuing warnings. 


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The Committee notes that the effectiveness of these systems is 

further hindered because no single Federal department or agency 

hast primary responsibility for coordinating the Federal role related to all types of emergency alerts and warnings. Instead, more 

than a dozen Federal departments and agencies possess some responsibility related to emergency alerts and warnings. The Committee seeks to address these shortcomings by designating one Federal entity to coordinate the System. 

SUBTITLE E—EMERGENCY LOGISTICS

Section 581. Prepositioned Equipment Program 

This section directs the Secretary of Homeland Security (Secretary), acting through the Under Secretary for Emergency Management, to establish a Prepositioned Equipment Program (Program or PEP) to preposition standardized emergency equipment in 

selected geographic areas to sustain and replenish critical assets 

depleted by State, local, and tribal governments in response to acts 

of terrorism, natural disasters, or other emergencies. As part of the 

Program, this section directs the Secretary to establish a number 

of force packages containing preposition-standardized equipment, 

such as personal protective, search and rescue, and communications equipment. The force packages must be strategically located 

in no less than 11 regions, be rapidly deployable to any major population area within 12 hours, and, where practicable, co-located 

with the push packages of the Strategic National Stockpile. This 

section also requires that qualified and trained personnel from the 

region be able to perform life-cycle management and maintenance 

of the force packages. In carrying out the Program, the Secretary 

must coordinate with the Secretaries of Defense and of Health and 

Human Services and with other Federal departments and agencies 

that the Secretary deems necessary. 

The Committee believes that it is critical to sustain and replenish assets depleted by State, local, and tribal governments during 

a response to acts of terrorism, natural disasters, or other emergencies. The Committee is concerned about reports that the Federal Emergency Management Agency (FEMA) is consolidating its 

existing regional force packages. The Committee strongly supports 

the Program, which has never been authorized, and notes that 

State and local officials in the Gulf Coast relied heavily on PEP to 

help satisfy their needs for supplies and equipment in responding 

to Hurricane Katrina. This section will ensure that the Program retains its regional focus and that FEMA will possess the resources 

its needs to assist State and local governments when they are overwhelmed. 

Section 582. National Asset Inventory Program 

This section directs the Secretary of Homeland Security (Secretary), acting through the Under Secretary for Emergency Management, to establish a National Asset Inventory Program for the 

purpose of managing and deploying Federal response capabilities 

and corresponding assets and resources in response to acts of terrorism, natural disasters, and other emergencies. The inventory 

will include the availability of each capability, the performance parameters of each capability, the time-frame within which each caVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00083 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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pability can be brought to bear on an incident, and the readiness 

of each capability to respond to domestic events. 

This section also requires the Secretary of Defense to provide the 

Secretary with a description of the functions and capabilities of entities of the Department of Defense that may be used to provide 

support to civil authorities in responding to catastrophic emergencies. 

Moreover, this section directs the Secretary to create an inventory database that permits real-time exchange of information, easy 

identification and rapid deployment during an incident, and the 

sharing of inventories across jurisdictions. Further, the Secretary 

shall certify on an annual basis that Federal departments and 

agencies with primary or supporting agency responsibilities under 

an Emergency Support Function of the National Response Plan 

have developed and maintained readily deployable force packages. 

Finally, this section directs the Secretary to identify physical locations in selected geographic areas that could be used as ‘‘logistics 

support centers’’ for receiving, staging, and integrating Federal assets and capabilities. In carrying out these activities, the Under 

Secretary is directed to consult with the Administrator of the 

Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. 

The Committee recognizes the need for the Federal government 

to more effectively manage and deploy Federal assets and capabilities in response to acts of terrorism, natural disasters, and other 

emergencies. Because effective response plans cannot be developed 

absent an assessment of resources and capabilities, Federal capabilities and assets need to be inventoried. The Committee notes 

that Section 7406 of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108–458) requires the Department to establish a National inventory of Federal assets under. 

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

This section directs the Secretary of Homeland Security to establish a database of small and disadvantaged businesses capable of 

providing services to the Department of Homeland Security (Department) related to major disasters and emergency assistance activities. Small businesses would voluntarily submit information for 

the database. Prior to awarding a Federal contract for a disasterrelated activity, Departmental agencies will be required to consult 

the small business database. 

The Committee recognizes the important contributions that private sector partners make to the Department’s ability to achieve its 

mission. The Committee intends this section to improve the ability 

of small businesses to interact with the Department and increase 

the opportunities for small businesses to win contracts to provide 

goods and services related to the response to, and recovery from, 

acts of terrorism, natural disasters, and other emergencies. 

Moreover, this database would enhance the speed and efficiency 

of recovery efforts by permitting the rapid identification and deployment of the necessary goods and services that small and disadvantaged businesses in the affected areas could provide. The 

Committee believes the award of prime contracts to these busiVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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nesses can serve local communities by acting as an engine for economic revitalization and a source of hope during difficult times. 

Section 584. Fraud Prevention Training Program 

This section directs the Under Secretary for Emergency Management (Under Secretary) at the Department of Homeland Security 

(Department) to develop and implement a fraud prevention training program to educate employees, contractors, and volunteers who 

would participate in the response to, or recovery from, acts of terrorism, natural disasters, or other emergencies, about how to identify and prevent waste, fraud, and abuse of Federal assistance 

funds and services. 

The Committee believes that with the proper training, employees 

and volunteers will be better able to identify techniques that are 

commonly used to fraudulently claim assistance. Employees and 

volunteers will also be instructed about their responsibilities and 

told of the consequences of accepting bribes or other gifts from 

those seeking Federal contracts or assistance. 

Under this section, State, local, tribal, or non-profit agencies that 

receive Federal funds or services for individuals affected by acts of 

terrorism, natural disasters, or other emergencies, are permitted to 

share information about aid recipients with the Federal Government upon request. The Committee intends this section to improve 

the ability of Federal, State, local, tribal, and non-profit agencies 

to protect against waste, fraud, and abuse by permitting them to 

share relevant information to the greatest extent possible. 

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

Services After Emergencies 

This section authorizes the Under Secretary for Emergency Management (Under Secretary) to enter into contracts for the delivery 

of necessary goods or services relating to the response to, or recovery from, acts of terrorism, natural disasters, or other emergencies 

affecting a geographic area served by a Regional Office. This section directs that contracting preference be granted to small business entities, and that standard competitive procedures shall apply. 

The Under Secretary is authorized to delegate the authority to 

issue contracts to the Regional Directors for Emergency Management. A contract entered into under this section would not prevent 

State, local, or tribal governments from receiving or using Federal 

assistance for the provision of necessary goods and services relating 

to response or recovery. 

The Committee intends this section to improve the speed and 

cost-effectiveness of contracting after catastrophic events. By granting pre-disaster negotiating authority to the Undersecretary for 

Emergency Management and Regional Directors, State and local 

governments will be able to provide communities with necessary 

goods and services more readily, including such things as debris removal, meals-ready-to-eat, and contract security services, after a 

terrorist attack, natural disaster, or other emergency. 

The Committee notes that after the hurricanes of 2005, the Federal government, as well as State and local governments, found 

themselves without adequate law enforcement personnel. Similarly, 

the Federal Emergency Management Agency tasked the Federal 

Protective Service to provide 1,700 contract security guards to seVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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cure aid distribution, Federal facilities, and other critical infrastructure sites. While contract security services may be procured 

using the General Services Administration’s General Schedule, prebid contracts could reduce the cost of such guards, thereby saving 

taxpayer dollars and improving preparedness. 

SUBTITLE F—INFRASTRUCTURE PROTECTION AND CYBERSECURITY

Section 591. Office of Infrastructure Protection 

This section authorizes the existing Office of Infrastructure Protection (Office) to ensure that the Department of Homeland Security (DHS or Department) takes requisite steps to secure our Nation’s critical infrastructure. In the past five years, our Nation has 

suffered from two major catastrophic events, one manmade and one 

natural. These events demonstrated the importance of protecting 

our Nation’s critical infrastructure and key assets, including food 

and water systems, agriculture, health systems and emergency 

services, information technology and telecommunications, banking 

and finance, energy (electrical, nuclear, gas, oil, and dams), transportation (air, road, rail, ports, and waterways), the chemical and 

defense industries, postal and shipping entities, and national 

monuments and icons. 

This section requires that the Office be administered by an Assistant Secretary, who would report directly to the Under Secretary 

of Emergency Management. The Assistant Secretary has the primary authority for all Department critical infrastructure protection 

programs, including policy formation and program management. 

Under this section, one of the Assistant Secretary’s primary responsibilities would be to identify and carry out comprehensive risk 

assessments of critical infrastructure to determine the risks posed 

by particular types of terrorist attacks. While other functions of the 

Assistant Secretary would include consideration of catastrophic 

events, including natural disasters, the Committee feels that the 

Office of Infrastructure Protection has the unique mission to conduct risk assessments of critical infrastructure in order to prevent 

acts of terrorism from occurring. 

In addition, this section requires the Assistant Secretary to develop and maintain a comprehensive National plan for securing the 

key resources and critical infrastructure of the United States. The 

Assistant Secretary is required to work with other Federal agencies 

and State, local, and tribal government agencies to recommend 

measures to protect these key resources and critical infrastructure, 

including measures for the developing the national plan and for 

executing vulnerability assessments. While the risk assessments 

are focused specifically on acts of terrorism, the Committee recognizes that the National Infrastructure Protection Plan (NIPP) takes 

into consideration all-hazards. The Committee also recognizes that 

with the adoption of measures to prevent acts of terrorism, critical 

infrastructure will be better able to mitigate the effects of natural 

disasters as well. 

Similarly, this section requires the Assistant Secretary to establish and maintain partnerships and information sharing processes 

with Federal, State, local, and tribal governments, the private sector, and international governments and organizations. Finally, the 

Assistant Secretary must work with the Under Secretary for IntelVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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ligence and Analysis and elements of the Intelligence Community 

to better share information with Federal, State, local, and tribal 

law enforcement agencies and the private sector. 

It is critically important for the Department to take an all-hazards approach to infrastructure protection. The Committee, therefore, mandates that the Assistant Secretary assess the capabilities 

of critical infrastructure sectors to prepare for, mitigate against, respond to, and recover from acts of terrorism and other catastrophic 

emergencies, including natural disasters. All preparedness efforts 

must be coordinated and integrated with the Department’s response and recovery activities. 

In order to ensure that the Secretary of Homeland Security (Secretary) is well informed of all this Office’s activities, the Assistant 

Secretary is required to provide the Secretary with an annual summary of national critical infrastructure protection efforts and priorities. In addition, the Assistant Secretary, in consultation with the 

Assistant Secretary for Grants and Planning, is responsible for providing the Secretary with recommendations for Federal critical infrastructure protection funding. 

Previously, the Office was part of the Office of Intelligence and 

Analysis. The Committee believes that, although these two offices 

are now separated, they must continue to coordinate and communicate with each other in order for the Assistant Secretary to be 

able to provide accurate risk assessments. This section, therefore, 

requires the creation of an integration center, to be staffed from 

the Office of Infrastructure Protection, Cybersecurity, and Telecommunications, and the Office of Intelligence and Analysis. This 

integration center reflects the current organization of the Department and the Homeland Infrastructure Threat and Risk Analysis 

Center (HITRAC). The integration center shall be responsible for 

integrating threat, vulnerability, and consequence information in 

order to identify priorities for protective measures, and to disseminate analytical products. 

This section also requires the Secretary to make full and efficient 

use of open-source information to analyze critical infrastructure 

from the perspective of terrorists. The Committee notes that translations of an Al-Qa’ida manual teach adherents that, by using 

‘‘public source(s) openly and without resorting to illegal means, it 

is possible to gather at least 80 percent of information about the 

enemy.’’ This strategy of collecting open source information against 

the United States is reflected by the numerous examples of opensource information found in the hands of terrorists, exemplified by 

the discovery, in November 2001, of a report from the Government 

Accountability Office (GAO) in a cave in the Islamic Republic of Afghanistan. While GAO has since instituted a new publication policy 

regarding certain reports, it is neither possible nor desirable to severely curtail publicly available information in a free and open society. Therefore, it is imperative that the Department understand 

the critical infrastructure threats and vulnerabilities that are created or exacerbated by the open nature of our society. 

This section requires that the staff of the Office possess appropriate expertise and experience, and allows individuals from the 

private sector to be included. Under this subsection, all personnel 

must possess security clearances appropriate to their work. In 

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sonnel of other Federal Departments and agencies may be detailed 

to the Office for the performance of analytic functions and related 

duties. The Secretary and the head of the Federal department or 

agency concerned may enter into cooperative agreements for the 

purpose of detailing personnel under this section. 

Finally, should the Secretary reprogram or transfer any funds 

under this section, the Secretary must comply with any applicable 

provisions of the annual Homeland Security Appropriations Act. 

Section 592. Office of Cybersecurity and Telecommunications 

This section authorizes the existing Office of Cybersecurity and 

Telecommunications (Office) within the Directorate of Emergency 

Management, thereby incorporating cybersecurity and telecommunications into the Department’s preparedness, response, 

mitigation, and recovery efforts. The Office will be headed by the 

Assistant Secretary of Cybersecurity and Telecommunications who 

will report directly to the Under Secretary for Emergency Management. The Assistant Secretary will be responsible for, among other 

things: (1) the National Cyber Security Division; (2) the National 

Communications System (to be carried out in coordination with the 

Assistant Secretary for Emergency Communications); (3) assisting 

the Assistant Secretary for Infrastructure Protection with 

cybersecurity and telecommunications aspects of the National Infrastructure Protection Plan; (4) consulting and coordinating on securing digital control systems, such as Supervisory Control and 

Data Acquisition Systems; and (5) other such duties related to 

cybersecurity and telecommunications, as necessary. This section 

requires the Secretary to notify Congress 60 days prior to reprogramming any funds allocated by Congress to the Office of 

Cybersecurity and Telecommunications. 

Cybersecurity is a critical thread that cuts across every infrastructure sector; it is the underlying foundation for the operation 

of business and government functions. Unlike physical 

vulnerabilities, cybersecurity vulnerabilities and threats can 

change in seconds and protective measures can become obsolete 

just as quickly. To ensure that the Department addresses these 

concerns systematically and with the requisite sense of urgency, 

this section establishes an Office of Cybersecurity and Telecommunications Office. 

The Committee recognizes that the Assistant Secretary will have 

to work closely with the Assistant Secretary for Infrastructure Protection, given the interrelationship between the physical and cyber 

aspects of critical infrastructure protection. This section directs the 

Assistant Secretary to work with the Assistant Secretary of Infrastructure Protection on the cybersecurity aspects of Homeland Security Presidential Directive–7 (HSPD–7, ‘‘Directive on Critical Infrastructure Identification, Prioritization, and Protection,’’ December 17, 2003) and on the security of digital control systems. 

This section provides the Assistant Secretary with primary authority over the National Communications System. Given the rapid 

convergence of data and telephony, the Department needs to have 

one comprehensive and coherent mission element. This section allows for coordination with the Assistant Secretary for Emergency 

Communications, regarding the National Communications System’s 

emergency communications programs. 


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The Committee believes that the Assistant Secretary should encourage the States to conduct risk and needs assessments that take 

into account the multitude of threats to relevant cyber systems. 

The Assistant Secretary should also encourage coordination with 

State Homeland Security Directors, State Chief Information Officers, and the Office for Grants and Training within the Department to develop and promulgate a consistent methodology for developing such strategies. 

The Committee views the promotion and distribution of 

cybersecurity best practices to Federal, State, and local governments, and the private sector as an important aspect of prevention. 

The Assistant Secretary’s responsibilities include promoting voluntary cybersecurity best practices and benchmarks that are responsive to rapid technology changes and to the security needs of 

critical infrastructure. The Committee, therefore, encourages the 

Department to work with the private sector and academia to determine the best mechanisms for developing a distribution system for 

cybersecurity best practices and benchmarks. 

This section also requires the President to nominate an individual to serve as the Assistant Secretary for Cybersecurity and 

Telecommunications within 90 days of enactment. The Committee 

remains concerned that the position of Assistant Secretary has 

gone unfilled for almost one and one-half years and the effect this 

vacancy had on the progress of cybersecurity programs and the development of this office within the Department. The Committee requests that this position be filled without further delay. 

Section 102. Gulf Coast Long-Term Recovery Office 

This section directs the Secretary of Homeland Security (Secretary) to establish a Gulf Coast Recovery Office (Office) to provide 

assistance to the residents of the Gulf Coast in recovering from 

Hurricanes Katrina and Rita. The Office will be headed by a Director appointed by the Secretary. The Director shall work with State, 

local, and tribal governments, the private sector, and non-governmental organizations, such as faith-based and other community humanitarian relief entities, to provide assistance to residents recovering from the two Hurricanes. These efforts will include assessing 

the social and economic consequences in the areas affected by Hurricanes Katrina and Rita, coordinating Federal efforts to address 

long-term recovery issues, and encouraging implementation of mitigation measures during the recovery. The Committee supports the 

establishment of this Office, which will address the unusually high 

volume of requests for assistance and help devastated communities 

recover in a manner that better prepares them for future disasters. 

Section 103. National Disaster Medical System 

This section reauthorizes the currently existing National Disaster Medical System (NDMS) in the amount of $85 million for 

each of the fiscal years 2007 through 2010. In addition, this section 

requires the Chief Medical Officer, in consultation with the Under 

Secretary for Emergency Management, to submit to a report to 

Congress that: (1) assesses the need to expand NDMS; (2) evaluates the relationship between NDMS and the Metropolitan Medical 

Response System (MMRS); (3) assesses the coordination between 

the Department of Homeland Security (DHS or Department) and 


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the Department of Health and Human Services (HHS) during deployment; and (4) evaluates whether NDMS should remain in DHS, 

and, if not, which Department should have responsibility for it. 

The Committee considers NDMS a critical component of any Federal disaster response requiring medical support and is, therefore, 

concerned about the budget cuts, loss of personnel, and lack of 

focus since its transfer to the Department in 2003. Although DHS 

has made many improvements to NDMS since 2003, after-action 

reports from the 2004 hurricane season documented serious breakdowns within NDMS in planning, supply management, communications, and leadership. The Committee seeks to address coordination 

problems between the Department and HHS to strengthen the Federal government’s capability to provide public health and medical 

support during catastrophic incidents. 

Section 104. Office of Interoperability and Compatibility 

This section amends Title III of the Homeland Security Act of 

2002 (P.L. 107–296) by adding a new section that clarifies the responsibilities of the Director of the Office of Interoperability and 

Compatibility (OIC). OIC, which is a component of the Directorate 

of Science and Technology (S&T) of the Department of Homeland 

Security (DHS or the Department), currently has broad responsibility for the Department’s activities and programs related to public safety interoperable communications. The Committee, however, 

is concerned that many of OIC’s activities and programs are unrelated to the core scientific and technology missions of the S&T Directorate. Therefore, this section limits OIC’s responsibilities to activities compatible with the S&T Directorate’s expertise. These activities include supporting the development, promulgation, and regular updating of national voluntary consensus standards for emergency communications as well as research, development, testing, 

and evaluation of equipment for interoperable communications capabilities. The Office of Emergency Communications in the Directorate of Emergency Management—established by section 561—

will carry out OIC’s non-science and technology-related responsibilities, such as helping State and local governments acquire interoperable emergency communications capabilities. 

Section 105. Intelligence Analysts 

This section permits State, local, and tribal governments to use 

Federal homeland security financial assistance administered by the 

Department of Homeland Security to hire new staff and contractors 

to serve as intelligence analysts to facilitate information and intelligence sharing activities. The analysts must be trained and qualified to perform such duties. The Committee seeks to enhance law 

enforcement capabilities to detect and prevent terrorist activities 

and ensure the safety and security of our Nation’s citizens by 

strengthening the intelligence and information sharing capabilities 

among public and private entities. The Committee intends the Office of Grants and Training, in conjunction with the Office of Intelligence and Analysis, to provide certification for both basic analytic 

training programs and refresher courses for trained intelligence analysts who may be unfamiliar with the unique requirements of analyzing and sharing homeland security information. 


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Section 106. Re-designation of Directorate for Information Analysis 

and Infrastructure Protection 

This section transfers the Office of Infrastructure Protection from 

the Directorate for Information Analysis and Infrastructure Protection, re-designates the remaining Office of Information Analysis as 

the Office of Intelligence and Analysis, and elevates the Assistant 

Secretary for Information Analysis to the position of Under Secretary for Intelligence and Analysis. This section does not confer 

any new authority to the Under Secretary for Intelligence and 

Analysis. 

The Committee notes that many of the functions transferred in 

the redesignated section 201(f) of the Homeland Security Act of 

2002 (P.L. 107–296) will be the responsibility of the Assistant Secretary for Infrastructure Protection or the Assistant Secretary for 

Cybersecurity and Telecommunications. 

Section 107. National Academy of Public Administration Study on 

Implementation of Organizational Reforms 

This section directs the Secretary of Homeland Security to enter 

into a contract to retain the National Academy of Public Administration to conduct a study of the Department of Homeland Security’s implementation of the organizational changes made by this 

Act. The study should begin no later than two (2) months after the 

date of enactment. 

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

Security Training 

This section directs the Comptroller General of the United States 

to submit an interim report to Congress, no later than 60 days 

after enactment, documenting the overall inventory and status of 

training programs for emergency response providers in the Department of Homeland Security (Department) and other Federal departments and agencies. 

This section directs the Comptroller General to submit a final report to Congress on homeland security training no later than 120 

days after enactment. Specifically, the report shall, among other 

things, assess the effectiveness of the structure and organization of 

such training programs, identify any duplication or redundancy 

among them, describe how States and local governments have used 

the Department of Homeland Security’s (DHS or Department) terrorism preparedness grants for training purposes, and discuss the 

role of the Department’s emergency response provider training institutions in the design and implementation of terrorism preparedness training courses. 

The Committee believes that training is one of the Department’s 

most critical missions. Our Nation’s emergency response providers 

need targeted and effective training to develop and hone the specialized skills needed to fulfill their homeland security responsibilities. The Committee remains committed to ensuring that such 

training focuses on those emergency response providers most at 

risk, while ensuring that we structure training systems in a way 

that maximizes the efficient and effective delivery of training to as 

many providers as possible. Moreover, the Committee recognizes 

that the patchwork of Federal, State, and local training programs 

can result in duplication, inefficiency, and confusion. Therefore, the 


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Committee seeks an assessment of homeland security training programs to ensure resources are used to maximize our Nation’s preparedness and response capabilities and minimize any unnecessary 

duplication or redundancy associated with such programs. 

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

This section permits State, local, or tribal governments to use 

Federal homeland security financial assistance administered by the 

Department of Homeland Security, to assist public elementary and 

secondary schools in developing and implementing training programs and exercises to instruct students to prevent, prepare for, respond to, mitigate against, or recover from acts of terrorism, natural disasters, and other emergencies. 

The Committee has learned that State and local governments denied public elementary and secondary schools financial assistance 

for training and exercises because the governments erroneously believed the schools were ineligible for such assistance under the 

Homeland Security Act of 2002 (P.L. 107–296). This section, therefore, makes clear that public elementary and secondary schools are 

indeed eligible for Federal homeland security financial assistance. 

Because public elementary and secondary schools are already eligible for assistance, this provision is intended only to clarify current 

law and eliminate any residual confusion. 

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

This section states that it is the sense of the Congress that, in 

carrying out the responsibilities and authorities of the Department 

of Homeland Security relating to the Wireless Public Safety Interoperable Communications (SAFECOM) Program, the Assistant Secretary for Emergency Communications should work with the National Institute of Standards and Technology for the purpose of implementing, as soon as practicable, the Project 25 Compliance Assessment Program. 

Section 111. National Pandemic Influenza Exercise 

This section directs the Secretary of Homeland Security (Secretary), acting through the Assistant Secretary for Training and 

Exercises, to conduct a full-scale, national exercise to test the effectiveness and implementation of the National Strategy for Pandemic 

Influenza (November 1, 2005). In carrying out this exercise, the 

Secretary must work in coordination with the Chief Medical Officer 

of the Department of Homeland Security (DHS), and in cooperation 

with the Secretaries of Health and Human Services, Defense, and 

Agriculture, and the heads of all other Federal, State, and local 

government agencies responsible for pandemic influenza preparedness and response. 

The Committee believes that exercises are a critical part of preparedness and response. To be truly prepared for pandemic influenza, exercises that most accurately model the most likely scenarios are crucial. Because DHS is in charge of coordinating the 

nationwide response, it is the Secretary’s responsibility to conduct 

these exercises in conjunction with other relevant Federal agencies. 


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

This section directs the Under Secretary for Emergency Management to establish a public-private sector planning and response 

pilot program to identify a network of critical resources in a region 

having significant risk of both terrorism and other catastrophic disasters. The Committee believes it is crucial to bring together local 

emergency managers and leaders from the private sector to identify 

critical resources that can be activated following a catastrophic incident to improve overall emergency response and recovery efforts. 

Section 113. Emergency Management Performance Grants 

This section authorizes $360 million for the Emergency Management Performance Grant Program for Fiscal Year 2007. The Committee seeks to ensure that State and local governments receive 

the Federal assistance necessary to effectively prepare for, respond 

to, mitigate against, and recover from acts of terrorism, natural 

disasters, and other emergencies. Given the new catastrophic and 

evacuation planning requirements required for State, local, and 

tribal governments under this Act, the Committee feels that the 

Federal government should provide additional resources for such 

purposes. 

Section 114. Definitions 

This section provides a number of definitions. Among other definitions, the term ‘‘emergency management’’ refers to the government function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, 

respond to, mitigate against, or recover from threatened or actual 

acts of terrorism, natural disasters, and other emergencies. This 

section also defines the term ‘‘prevention’’ to mean any activity undertaken to avoid, prevent, or stop threatened or actual acts of terrorism. 

This section also amends section 2(6) of the Homeland Security 

Act of 2002 (P.L. 107–296) to expand the definition of ‘‘emergency 

response provider’’ to make clear that it includes the fire service 

and governmental and non-governmental organizations and personnel. Finally, this section defines the term ‘‘emergency response 

support providers’’ as including Federal, State, and local governmental and non-governmental utilities, public works, transportation, public health and related personnel, organizations, agencies, 

and authorities. 

Section 115. Conforming Amendments 

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

TITLE II—WASTE, FRAUD, AND ABUSE PREVENTION

Section 201. Waste, Fraud, and Abuse Controls 

This section requires the Secretary of Homeland Security (Secretary), acting through the Under Secretary for Emergency Management, to ensure that all programs within the Directorate of 

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velop and maintain proper internal management controls to prevent and detect waste, fraud, and abuse. Application databases 

used by the Directorate to collect information on eligible recipients 

must also record disbursements. Such tracking shall be designed to 

highlight and identify ineligible applications. The databases used to 

collect information from applications must be integrated, and able 

to track disbursements and payment records. 

Moreover, before any existing database or similar application 

processing system may be used to determine eligibility and disbursement of Federal assistance, it must undergo a review by the 

Office of the Inspector General of the Department of Homeland Security (Inspector General) to determine the existence and implementation of such internal controls. 

Finally, this section requires the Secretary to annually report to 

Congress that before a database or similar application procedures 

may be utilized for the purpose of the dispensing of Federal assistance, proper internal controls are in place and operating. Recommendations or findings that remain unresolved between management and the Inspector General for 30 days must be immediately reported to Congress. 

The Committee seeks to ensure that the widespread fraud that 

occurred in the aftermath of Hurricanes Katrina and Rita and the 

September 11, 2001, attacks will be prevented in future disasters. 

The Federal Emergency Management Agency (FEMA) had few, if 

any, internal management controls in place to detect and prevent 

fraudulent applications for Federal assistance. Thousands of fraudulent applications were submitted using fraudulent social security 

numbers and fictitious addresses. FEMA also made duplicate payments of Federal assistance to thousands of applicants. The Government Accountability Office (GAO), through its investigations of 

FEMA’s Individual and Households Program (IHP), estimated that 

FEMA made $1 billion in fraudulent payments for expedited and 

rental assistance. 

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

This section directs the Undersecretary for Emergency Management, in consultation with the Undersecretary for Management, to 

assess the role that Independent Private Sector Inspectors General 

(IPSIG) played in preventing waste, fraud, and abuse in the contracts to remove debris from the World Trade Center site in New 

York City, New York, after the terrorist attacks of September 11, 

2001. 

This assessment will examine whether the IPSIG model could be 

effectively utilized to monitor and provide greater accountability for 

future Federally-funded contracts—including those for debris removal and the repair or reconstruction of damaged infrastructure—

in response to terrorist attacks, natural disasters, or other national 

emergencies. The Committee believes that the use of IPSIGs could 

significantly reduce the incidence of waste, fraud, and abuse that 

occur in response and recovery contracting, and provide a new tool 

to save taxpayer dollars. 


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Section 203. Enhanced Accountability for Federal Assistance 

This section provides that each State, local, tribal, and non-profit 

entity that receives Federal assistance funds in response to acts of 

terrorism, natural disasters, or other emergencies shall report to 

the pertinent Federal agency six months after the initial disbursement of resources regarding the expenditure of such funds. The report shall include a description of the projects or programs that received Federal assistance; the entity administering the program or 

project; and the dates and amounts disbursed, allocated, and expended. This section directs the Under Secretary for Emergency 

Management to determine whether the requirement to report 

under this section is duplicative of, or can be combined with, other 

reporting requirements and, if so, the Under Secretary is required 

to combine such requirements and eliminate such duplication. 

Under this section, each Federal agency that disburses Federal 

assistance funds in response to acts of terrorism, natural disasters, 

or other emergencies must report to the Department of Homeland 

Security Inspector General (Inspector General) in his role as Chairman of the President’s Council on Integrity and Efficiency Homeland Security Roundtable regarding the expenditure of these Federal funds. The report shall be submitted one year after enactment 

of the disaster assistance appropriation, and recurrently, every six 

months until all monies are expended or the Inspector General and 

the Council determine that such reports are no longer required. 

The report should include the following: the names and addresses 

of recipient agencies; the purpose for which resources were provided; and the amounts disbursed, allocated, and expended; and 

the status of reporting by agencies that received disbursements. 

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

Under this section, Federal, State, local, or tribal agencies that 

disburse Federal assistance to respond to, or recover from, acts of 

terrorism, natural disasters, or other emergencies, must establish 

procedures to make reasonable efforts to confirm the identities and 

eligibility of applicants without placing undue burden on applicants. This section also allows Federal, State, local, or tribal agencies to ask, on application materials for grants, loans, services, or 

other assistance, for applicants’ consent to share their personal information with Federal agencies, such as the Internal Revenue 

Service, in order to enhance the accuracy and expedite the delivery 

of assistance to applicants. Applicants who do not consent to the 

sharing of such information shall not be denied assistance or otherwise penalized for refusal to consent. 

The Committee intends this section to ensure resources are disbursed expeditiously to eligible applicants while preventing resource disbursements to ineligible recipients. The Committee has 

learned that some employees or volunteers of State, local, tribal, 

and non-profit entities charged with disbursing Federal or Federally-supplemented assistance resources did not make reasonable efforts to confirm the eligibility of recipients. Further, protections 

under the Privacy Act of 1974 (5 U.S.C. § 552a, as amended) and 

other privacy safeguards made it difficult for disbursing agencies to 

exercise due diligence checks to ascertain whether applicants for 

assistance were eligible. 


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Allowing applicants to waive some of these protections will allow 

disbursing agencies to access information about applicants collected 

and maintained by Federal departments and agencies. It also will 

permit such agencies to provide information on individuals or entities impacted by acts of terrorism, natural disasters, or other emergencies who may have lost documents proving their identity, residence, income, or other eligibility criteria. The Committee believes 

that allowing access to information about applicants maintained by 

Federal departments and agencies will also enable disbursing agencies to prevent the disbursement of aid to ineligible applicants by 

enabling Federal departments and agencies to determine when an 

applicant has reported false information that conflicts with records 

maintained by a Federal department or agency. 

Section 205. Deputy Inspector General for Response and Recovery 

This section establishes the position of Deputy Inspector General 

for Response and Recovery within the Office of the Inspector General of the Department of Homeland Security. The Deputy Inspector General will work with Inspectors General of other Federal Departments and agencies, as appropriate, to conduct and coordinate 

audits and investigations of Federal resources for the response to, 

and recovery from, acts of terrorism, natural disasters, or other 

emergencies. 

This section requires the Deputy Inspector General, within 48 

hours of a terrorist attack, natural disaster, or other national emergency, to set up and publicize a Fraud Tip Line to collect allegations of waste, fraud, and abuse of Federal assistance funds. This 

section also requires all agencies receiving or distributing Federal 

funds to set up procedures to distinguish and separately track 

funds related to response and relief efforts. 

The Federal response to acts of terrorism, natural disasters, or 

other national emergencies often involves multiple Federal agencies, which administer a variety of programs, some of which overlap. As a result, multiple Offices of Inspector General have, in the 

past, been responsible for auditing and overseeing discreet elements of the Federal response to acts of terrorism, natural disasters, or other national emergencies. This oversight and accountability structure provides only limited information and oversight 

regarding the Federal Government’s response. 

This section requires the Inspector General of the Department of 

Homeland Security to appoint the Deputy Inspector General not 

later than 60 days after enactment. To support the operations of 

this office, the section also authorizes $11 million for this office in 

each fiscal year. The Committee finds it would be more effective for 

a single Deputy Inspector General to have oversight of and responsibility for auditing all disaster relief programs administered by 

any Federal agency. Therefore, to facilitate Federal oversight and 

to avoid duplication of effort, this provision directs the Deputy Inspector General to work with auditors and investigators at all levels of government and to coordinate investigative activities at the 

Federal level with the Federal Bureau of Investigation. 


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Section 206. Protection of Department of Homeland Security Official 

Seal and Insignia 

This provision would provide the Department of Homeland Security (DHS or Department) with copyright protections over its seal, 

name, initials, and the titles of its officers. This protection is similar to statutory protections for visual representations of seals of 

other Federal agencies. 

This section would specifically require written permission from 

the Secretary to use the name, initials, seal or titles of the Department in connection with any advertisement, commercial activity, 

movie, television show or other audiovisual production, impersonation, Internet domain name, e-mail address, website, merchandise, or solicitation in a manner intended to convey the impression 

that the Department has approved, endorsed, or authorized such 

use. 

Names, initials, seals or titles protected by this section include: 

the words ‘‘Department of Homeland Security’’, the initials ‘‘DHS’’, 

the insignia or seal of the Department, the title ‘‘Secretary of 

Homeland Security,’’ the name, initials, insignia, or seal of any organizational element (including any former such element) of the 

Department, or the title of any other officer or employee of the Department. This section empowers the Attorney General to initiate 

civil proceedings to enjoin potentially unauthorized uses of the Department’s seal, name, initials, officers’ titles, and other representations. 

The Committee intends this section to give the Department the 

ability to control the use of its name, initials, seal, titles, and other 

representations in order to boost public awareness about its mission and programs and to prevent misrepresentations from creating 

false impressions about its mission and programs. The Committee 

recognizes that portrayal of a Federal agency in popular entertainment can be a cost-effective way to educate the public about the 

agency’s mission and programs. But such portrayals also can 

mischaracterize such missions or programs. Without statutory protection, the Department is less able than other Federal agencies to 

prevent such mischaracterizations or to take corrective action when 

it occurs. 

The Committee is concerned that the Department has been unable to stop recent efforts to appropriate its name and other representations for private gain. For example, the Committee notes 

that a Hollywood movie mass-released in 2005 used Transportation 

Security Administration (TSA) badges and represented TSA baggage screeners without the Department’s permission. The Committee believes the Department’s ability to withhold permission to 

use its name, initials, seal, or titles will give it additional leverage 

to ensure such representations are used in portrayals that accurately reflect its mission and programs and bolster public awareness of the same. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00097 Fmt 6659 Sfmt 6602 E:\HR\OC\HR712P1.XXX HR712P1

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ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information Analysis and Infrastructure Protection; 

Access to Information 

øSec. 201. Directorate for Information Analysis and Infrastructure Protection.¿ 

Sec. 201. Office of Intelligence and Analysis. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SECURITY 

* * * * * * * 

Sec. 314. Office of Interoperability and Compatibility. 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

øSec. 430. Office for Domestic Preparedness.¿ 

* * * * * * * 

øTITLE V—EMERGENCY PREPAREDNESS AND RESPONSE 

øSec. 501. Under Secretary for Emergency Preparedness and Response. 

øSec. 502. Responsibilities. 

øSec. 503. Functions transferred. 

øSec. 504. Nuclear incident response. 

øSec. 505. Conduct of certain public health-related activities. 

øSec. 506. Definition. 

øSec. 507. Role of Federal Emergency Management Agency. 

øSec. 508. Use of national private sector networks in emergency response. 

øSec. 509. Use of commercially available technology, goods, and services.¿ 

TITLE V—EMERGENCY MANAGEMENT 

Subtitle A—Directorate of Emergency Management 

Sec. 501. Directorate of Emergency Management. 

Sec. 502. Responsibilities of the Under Secretary. 

Sec. 503. Principal advisor on emergency management. 

Sec. 504. Regional offices. 

Sec. 505. Chief Medical Officer. 

Sec. 506. National Biosurveillance Integration System. 

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

Sec. 508. Office of National Capital Region Coordination. 

Sec. 509. National Advisory Council on Emergency Management. 

Sec. 510. Reorganization of Directorate. 

Subtitle B—Emergency Preparedness 

Sec. 521. Office of Grants and Planning. 

Sec. 522. Office of Training and Exercises. 

Sec. 523. Essential capabilities. 


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Sec. 524. Catastrophic planning. 

Sec. 525. System assessment and validation for emergency responders program. 

Sec. 526. Homeland Security Education Program. 

Sec. 527. Office of Public and Community Preparedness. 

Subtitle C—Emergency Response 

Sec. 541. National incident management system and national response plan integration center. 

Sec. 542. Use of national private sector networks in emergency response. 

Sec. 543. Nuclear incident response. 

Sec. 544. National urban search and rescue response system. 

Sec. 545. Metropolitan Medical Response System. 

Sec. 546. Emergency Management Assistance Compact authorization. 

Subtitle D—Emergency Communications 

Sec. 561. Office of Emergency Communications. 

Sec. 562. National emergency communications strategy. 

Sec. 563. Assessments and reports. 

Sec. 564. Coordination of Federal emergency communications grant programs. 

Sec. 565. Regional emergency communications coordination. 

Sec. 566. Emergency Communications Preparedness Center. 

Sec. 567. Urban and other high risk area communications capabilities. 

Sec. 568. Integrated national alert and warning system. 

Subtitle E—Emergency Logistics 

Sec. 581. Prepositioned equipment program. 

Sec. 582. National Asset Inventory Program. 

Sec. 583. Small business database for Federal contracting related to major disasters 

and emergency assistance activities. 

Sec. 584. Fraud prevention training program. 

Sec. 585. Pre-negotiated contracts for delivery of goods and services after emergencies. 

Subtitle F—Infrastructure Protection and Cybersecurity 

Sec. 591. Office of Infrastructure Protection. 

Sec. 592. Office of Cybersecurity and Telecommunications. 

* * * * * * * 

TITLE VII—MANAGEMENT 

* * * * * * * 

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

* * * * * * * 

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR 

GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; 

GENERAL PROVISIONS 

ƒSubtitle A—Coordination with Non-Federal Entities 

ƒSec. 801. Office for State and Local Government Coordination.≈ 

SUBTITLE B—INSPECTOR GENERAL

* * * * * * * 

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

* * * * * * * 

SUBTITLE F—FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY

* * * * * * * 

Sec. 856a. Enhanced accountability for Federal assistance. 

Sec. 856b. Enhanced information sharing among Federal agencies to prevent fraud, 

waste, and abuse. 

* * * * * * * 


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Subtitle H—Miscellaneous Provisions 

* * * * * * * 

ƒSec. 882. Office for National Capital Region Coordination.≈ 

* * * * * * * 

* * * * * * * 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) * * * 

* * * * * * * 

(6) The term ‘‘emergency response providers’’ øincludes Federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and 

authorities.¿ includes Federal, State, and local governmental 

and nongovernmental emergency public safety, law enforcement, 

fire, emergency response, emergency medical (including hospital 

emergency facilities), and related personnel, organizations, 

agencies, and authorities. 

* * * * * * * 

(17) The term ‘‘emergency management’’ refers to the governmental function that coordinates and integrates all activities 

necessary to build, sustain, and improve the capability to prepare for, respond to, mitigate against, or recover from a threatened or actual act of terrorism, natural disaster, or other emergency. 

(18) The term ‘‘prevention’’ means any activity undertaken to 

avoid, prevent, or stop a threatened or actual act of terrorism. 

(19) The term ‘‘emergency support providers’’ includes Federal, State, and local governmental and nongovernmental utilities, public works, transportation, and public health and related personnel, organizations, agencies, and authorities. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 103. OTHER OFFICERS. 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the following officers, appointed by the President, by and with the advice 

and consent of the Senate: 

(1) * * * 

(2) An Under Secretary for øInformation Analysis and Infrastructure Protection¿ Intelligence and Analysis. 

* * * * * * * 

(5) An Under Secretary for Emergency øPreparedness and 

Response¿ Management. 

* * * * * * * 

ø(7) An Under Secretary for Management.¿ 


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ø(8)¿ (7) A Director of the Office of Counternarcotics Enforcement. 

ø(9)¿ (8) Not more than ø12¿ 17 Assistant Secretaries. 

ø(10)¿ (9) A General Counsel, who shall be the chief legal officer of the Department. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information 

Analysis and Infrastructure Protection; 

Access to Information 

øSEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.¿ 

SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS. 

(a) øUNDER SECRETARY OF HOMELAND SECURITY FOR INFORMA- TION ANALYSIS AND INFRASTRUCTURE PROTECTION.—¿ UNDER SEC- RETARY OF HOMELAND SECURITY FOR INTELLIGENCE AND ANAL- YSIS.—

(1) IN GENERAL.—There shall be in the Department øa Directorate for Information Analysis and Infrastructure Protection¿ 

an Office of Intelligence and Analysis headed by øan Under 

Secretary for Information Analysis and Infrastructure Protection¿ an Under Secretary for Intelligence and Analysis, who 

shall be appointed by the President, by and with the advice 

and consent of the Senate. 

* * * * * * * 

ø(b) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS; ASSIST- ANT SECRETARY FOR INFRASTRUCTURE PROTECTION.— ø(1) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS.— There shall be in the Department an Assistant Secretary for 

Information Analysis, who shall be appointed by the President. 

ø(2) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTEC- TION.—There shall be in the Department an Assistant Secretary for Infrastructure Protection, who shall be appointed by 

the President. 

ø(3) RESPONSIBILITIES.—The Assistant Secretary for Information Analysis and the Assistant Secretary for Infrastructure 

Protection shall assist the Under Secretary for Information 

Analysis and Infrastructure Protection in discharging the responsibilities of the Under Secretary under this section.¿ 

ø(c) DISCHARGE OF INFORMATION ANALYSIS AND INFRASTRUCTURE

PROTECTION.—¿ (b) DISCHARGE OF INTELLIGENCE AND ANALYSIS.— The Secretary shall ensure that the responsibilities of the Department regarding information analysis øand infrastructure protection¿ and intelligence are carried out through øthe Under Secretary 

for Information Analysis and Infrastructure Protection¿ the Under 

Secretary for Intelligence and Analysis. 

ø(d)¿ (c) RESPONSIBILITIES OF UNDER SECRETARY.—Subject to the 

direction and control of the Secretary, the responsibilities of øthe 


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Under Secretary for Information Analysis and Infrastructure Protection¿ the Under Secretary for Intelligence Analysis shall be as 

follows: 

(1) * * * 

ø(2) To carry out comprehensive assessments of the 

vulnerabilities of the key resources and critical infrastructure 

of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such 

attacks).¿ 

ø(3) To integrate¿ (2) To participate in the integration of relevant information, analyses, and vulnerability assessments 

(whether such information, analyses, or assessments are provided or produced by the Department or others) in order to 

identify priorities for protective and support measures by the 

Department, other agencies of the Federal Government, State 

and local government agencies and authorities, the private sector, and other entities. 

ø(4)¿ (3) To ensure, pursuant to section 202, the timely and 

efficient access by the Department to all information necessary 

to discharge the responsibilities under this section, including 

obtaining such information from other agencies of the Federal 

Government. 

ø(5) To develop a comprehensive national plan for securing 

the key resources and critical infrastructure of the United 

States, including power production, generation, and distribution systems, information technology and telecommunications 

systems (including satellites), electronic financial and property 

record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems. 

ø(6) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other agencies of the Federal Government and 

in cooperation with State and local government agencies and 

authorities, the private sector, and other entities.¿ 

ø(7)¿ (4) To administer the Homeland Security Advisory System, including— (A) * * * 

* * * * * * * 

ø(8)¿ (5) To review, analyze, and make recommendations for 

improvements in the policies and procedures governing the 

sharing of law enforcement information, intelligence information, intelligence-related information, and other information relating to homeland security within the Federal Government 

and between the Federal Government and State and local government agencies and authorities. 

ø(9)¿ (6) To disseminate, as appropriate, information analyzed by the Department within the Department, to other 

agencies of the Federal Government with responsibilities relating to homeland security, and to agencies of State and local 

governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preempVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00102 Fmt 6659 Sfmt 6601 E:\HR\OC\HR712P1.XXX HR712P1

hmoore on PROD1PC68 with HMRPT
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tion of, or response to, terrorist attacks against the United 

States. 

ø(10)¿ (7) To consult with the Director of Central Intelligence 

and other appropriate intelligence, law enforcement, or other 

elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism 

against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information. 

ø(11)¿ (8) To consult with State and local governments and 

private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States. 

ø(12)¿ (9) To ensure that— (A) * * * 

* * * * * * * 

ø(13)¿ (10) To request additional information from other 

agencies of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into 

cooperative agreements through the Secretary to obtain such 

information. 

ø(14)¿ (11) To establish and utilize, in conjunction with the 

chief information officer of the Department, a secure communications and information technology infrastructure, including 

data-mining and other advanced analytical tools, in order to 

access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as 

appropriate. 

ø(15)¿ (12) To ensure, in conjunction with the chief information officer of the Department, that any information databases 

and analytical tools developed or utilized by the Department—

(A) * * * 

* * * * * * * 

ø(16)¿ (13) To coordinate training and other support to the 

elements and personnel of the Department, other agencies of 

the Federal Government, and State and local governments that 

provide information to the Department, or are consumers of information provided by the Department, in order to facilitate 

the identification and sharing of information revealed in their 

ordinary duties and the optimal utilization of information received from the Department. 

ø(17)¿ (14) To coordinate with the Assistant Secretary for Infrastructure Protection and elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. 

ø(18)¿ (15) To provide intelligence and information analysis 

and support to other elements of the Department. 

ø(19)¿ (16) To perform such other duties relating to such responsibilities as the Secretary may provide. 

ø(e)¿ (d) STAFF.—


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(1) IN GENERAL.—The Secretary shall provide the øDirectorate¿ Office with a staff of analysts having appropriate expertise and experience to assist the øDirectorate¿ Office in discharging responsibilities under this section. 

* * * * * * * 

ø(f)¿ (e) DETAIL OF PERSONNEL.—

(1) IN GENERAL.—In order to assist the øDirectorate¿ Office 

in discharging responsibilities under this section, personnel of 

the agencies referred to in paragraph (2) may be detailed to 

the Department for the performance of analytic functions and 

related duties. 

* * * * * * * 

ø(g)¿ (f) FUNCTIONS TRANSFERRED.—In accordance with title XV, 

there shall be transferred to the Secretaryø, for assignment to the 

Under Secretary for Information Analysis and Infrastructure Protection under this section,¿ the functions, personnel, assets, and liabilities of the following: 

(1) * * * 

* * * * * * * 

Subtitle C—Information Security 

* * * * * * * 

SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY. 

In carrying out the responsibilities under section 201, the 

øUnder Secretary for Information Analysis and Infrastructure Protection¿ Assistant Secretary for Infrastructure Protection shall— (1) * * * 

* * * * * * * 

SEC. 224. NET GUARD. 

The øUnder Secretary for Information Analysis and Infrastructure Protection¿ Assistant Secretary for Cybersecurity and Telecommunications may establish a national technology guard, to be 

known as ‘‘NET Guard’’, comprised of local teams of volunteers 

with expertise in relevant areas of science and technology, to assist 

local communities to respond and recover from attacks on information systems and communications networks. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY 

IN SUPPORT OF HOMELAND SECURITY 

* * * * * * * 

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

The Secretary, acting through the Under Secretary for Science 

and Technology, shall have the responsibility for—

(1) * * * 

* * * * * * * 


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(3) supporting the øUnder Secretary for Information Analysis 

and Infrastructure Protection¿ Under Secretary for Intelligence 

and Analysis and the Assistant Secretary for Infrastructure 

Protection, by assessing and testing homeland security 

vulnerabilities and possible threats; 

* * * * * * * 

SEC. 314. OFFICE OF INTEROPERABILITY AND COMPATIBILITY. 

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

(1) assist the Secretary in developing and implementing the 

science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 194(a)(1)); 

(2) support the creation of national voluntary consensus 

standards for interoperable emergency communications; 

(3) establish a comprehensive research, development, testing, 

and evaluation program for improving interoperable emergency 

communications; 

(4) establish requirements for total and nonproprietary interoperable emergency communications capabilities for all public 

safety radio and data communications systems and equipment; 

(5) evaluate and validate new technology concepts in realworld environments to achieve interoperable emergency communications capabilities; 

(6) encourage more efficient use of existing resources, including equipment and spectrum, to achieve interoperable emergency communications capabilities; 

(7) test and deploy public safety communications systems that 

are less prone to failure, support new nonvoice services, consume less spectrum, and cost less than existing systems; and 

(8) work with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities. 

(b) COORDINATION.—The Director shall coordinate with the Assistant Secretary for Emergency Communications with respect to the 

SAFECOM program. 

(c) SUFFICIENCY OF RESOURCES.—The Secretary shall provide the 

Office for Interoperability and Compatibility the resources and staff 

necessary to carry out the responsibilities under this section. 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER 

AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 


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øSEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. 

ø(a) IN GENERAL.—The Office for Domestic Preparedness shall be 

within the Directorate of Border and Transportation Security. 

ø(b) DIRECTOR.—There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President, by 

and with the advice and consent of the Senate. The Director of the 

Office for Domestic Preparedness shall report directly to the Under 

Secretary for Border and Transportation Security. 

ø(c) RESPONSIBILITIES.—The Office for Domestic Preparedness 

shall have the primary responsibility within the executive branch 

of Government for the preparedness of the United States for acts 

of terrorism, including— ø(1) coordinating preparedness efforts at the Federal level, 

and working with all State, local, tribal, parish, and private 

sector emergency response providers on all matters pertaining 

to combating terrorism, including training, exercises, and 

equipment support; 

ø(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland 

security at all levels of government; 

ø(3) directing and supervising terrorism preparedness grant 

programs of the Federal Government (other than those programs administered by the Department of Health and Human 

Services) for all emergency response providers; 

ø(4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness; 

ø(5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and 

local agencies and international entities; 

ø(6) as the lead executive branch agency for preparedness of 

the United States for acts of terrorism, cooperating closely with 

the Federal Emergency Management Agency, which shall have 

the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States; 

ø(7) assisting and supporting the Secretary, in coordination 

with other Directorates and entities outside the Department, 

in conducting appropriate risk analysis and risk management 

activities of State, local, and tribal governments consistent 

with the mission and functions of the Directorate; 

ø(8) those elements of the Office of National Preparedness of 

the Federal Emergency Management Agency which relate to 

terrorism, which shall be consolidated within the Department 

in the Office for Domestic Preparedness established under this 

section; and 

ø(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and 

emergency response providers. 

ø(d) FISCAL YEARS 2003 AND 2004.—During fiscal year 2003 and 

fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out 

those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and 


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authorities, and with the required level of personnel, assets, and 

budget before September 11, 2001.¿ 

* * * * * * * 

øTITLE V—EMERGENCY 

PREPAREDNESS AND RESPONSE 

øSEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND 

RESPONSE. 

øThere shall be in the Department a Directorate of Emergency 

Preparedness and Response headed by an Under Secretary for 

Emergency Preparedness and Response. 

øSEC. 502. RESPONSIBILITIES. 

øThe Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include— ø(1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and 

other emergencies; 

ø(2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of 

the Department pursuant to this title)— ø(A) establishing standards and certifying when those 

standards have been met; 

ø(B) conducting joint and other exercises and training 

and evaluating performance; and 

ø(C) providing funds to the Department of Energy and 

the Environmental Protection Agency, as appropriate, for 

homeland security planning, exercises and training, and 

equipment; 

ø(3) providing the Federal Government’s response to terrorist 

attacks and major disasters, including— ø(A) managing such response; 

ø(B) directing the Domestic Emergency Support Team, 

the National Disaster Medical System, and (when operating as an organizational unit of the Department pursuant to this title) the Nuclear Incident Response Team; 

ø(C) overseeing the Metropolitan Medical Response System; and 

ø(D) coordinating other Federal response resources, including requiring deployment of the Strategic National 

Stockpile, in the event of a terrorist attack or major disaster; 

ø(4) aiding the recovery from terrorist attacks and major disasters; 

ø(5) building a comprehensive national incident management 

system with Federal, State, and local government personnel, 

agencies, and authorities, to respond to such attacks and disasters; 

ø(6) consolidating existing Federal Government emergency 

response plans into a single, coordinated national response 

plan; and 

ø(7) helping to ensure that emergency response providers acquire interoperable technology. 


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øSEC. 503. FUNCTIONS TRANSFERRED. 

øIn accordance with title XV, there shall be transferred to the 

Secretary the functions, personnel, assets, and liabilities of the following entities: 

ø(1) The Federal Emergency Management Agency, including 

the functions of the Director of the Federal Emergency Management Agency relating thereto. 

ø(2) The Integrated Hazard Information System of the National Oceanic and Atmospheric Administration, which shall be 

renamed ‘‘FIRESAT’’. 

ø(3) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto. 

ø(4) The Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto. 

ø(5) The Office of Emergency Preparedness, the National 

Disaster Medical System, and the Metropolitan Medical Response System of the Department of Health and Human Services, including the functions of the Secretary of Health and 

Human Services and the Assistant Secretary for Public Health 

Emergency Preparedness relating thereto. 

øSEC. 504. NUCLEAR INCIDENT RESPONSE. 

ø(a) IN GENERAL.—At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, 

or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team 

shall be subject to the direction, authority, and control of the Secretary. 

ø(b) RULE OF CONSTRUCTION.—Nothing in this title shall be construed to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective 

entities in the Nuclear Incident Response Team, or (subject to the 

provisions of this title) from exercising direction, authority, and 

control over them when they are not operating as a unit of the Department. 

øSEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES. 

ø(a) IN GENERAL.—With respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other 

emerging terrorist threats carried out by the Department of Health 

and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a coordinated strategy for such 

activities in collaboration with the Secretary. 

ø(b) EVALUATION OF PROGRESS.—In carrying out subsection (a), 

the Secretary of Health and Human Services shall collaborate with 

the Secretary in developing specific benchmarks and outcome 

measurements for evaluating progress toward achieving the priorities and goals described in such subsection. 


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øSEC. 506. DEFINITION. 

øIn this title, the term ‘‘Nuclear Incident Response Team’’ means 

a resource that includes—

ø(1) those entities of the Department of Energy that perform 

nuclear or radiological emergency support functions (including 

accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical 

assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance 

functions, and related functions; and 

ø(2) those entities of the Environmental Protection Agency 

that perform such support functions (including radiological 

emergency response functions) and related functions. 

øSEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY. 

ø(a) IN GENERAL.—The functions of the Federal Emergency Management Agency include the following: 

ø(1) All functions and authorities prescribed by the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.). 

ø(2) Carrying out its mission to reduce the loss of life and 

property and protect the Nation from all hazards by leading 

and supporting the Nation in a comprehensive, risk-based 

emergency management program—

ø(A) of mitigation, by taking sustained actions to reduce 

or eliminate long-term risk to people and property from 

hazards and their effects; 

ø(B) of planning for building the emergency management profession to prepare effectively for, mitigate against, 

respond to, and recover from any hazard; 

ø(C) of response, by conducting emergency operations to 

save lives and property through positioning emergency 

equipment and supplies, through evacuating potential victims, through providing food, water, shelter, and medical 

care to those in need, and through restoring critical public 

services; 

ø(D) of recovery, by rebuilding communities so individuals, businesses, and governments can function on their 

own, return to normal life, and protect against future hazards; and 

ø(E) of increased efficiencies, by coordinating efforts relating to mitigation, planning, response, and recovery. 

ø(b) FEDERAL RESPONSE PLAN.—

ø(1) ROLE OF FEMA.—Notwithstanding any other provision of 

this Act, the Federal Emergency Management Agency shall remain the lead agency for the Federal Response Plan established under Executive Order No. 12148 (44 Fed. Reg. 43239) 

and Executive Order No. 12656 (53 Fed. Reg. 47491). 

ø(2) REVISION OF RESPONSE PLAN.—Not later than 60 days 

after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the Federal 

Response Plan to reflect the establishment of and incorporate 

the Department. 


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øSEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE. 

øTo the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive 

disasters, and other major disasters. 

øSEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS, 

AND SERVICES. 

øIt is the sense of Congress that— ø(1) the Secretary should, to the maximum extent possible, 

use off-the-shelf commercially developed technologies to ensure 

that the Department’s information technology systems allow 

the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and 

ø(2) in order to further the policy of the United States to 

avoid competing commercially with the private sector, the Secretary should rely on commercial sources to supply the goods 

and services needed by the Department.¿ 

TITLE V—EMERGENCY MANAGEMENT 

Subtitle A—Directorate of Emergency 

Management 

SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT. 

(a) UNDER SECRETARY FOR EMERGENCY MANAGEMENT.— (1) IN GENERAL.—There is in the Department a Directorate of 

Emergency Management. The head of the Directorate is the 

Under Secretary for Emergency Management, who shall be appointed by the President, by and with the advice and consent 

of the Senate. 

(2) QUALIFICATIONS.—The individual appointed as Under 

Secretary shall possess a demonstrated ability in and knowledge of emergency management and homeland security. 

(3) RESPONSIBILITIES.—The Under Secretary shall assist the 

Secretary in discharging the responsibilities under section 502. 

(b) DEPUTY UNDER SECRETARY FOR EMERGENCY PREPAREDNESS

AND MITIGATION.— (1) IN GENERAL.—There is in the Department a Deputy Under 

Secretary for Emergency Preparedness and Mitigation, who 

shall be appointed by the President, by and with the advice and 

consent of the Senate. 

(2) QUALIFICATIONS.—The individual appointed as Deputy 

Under Secretary shall possess a demonstrated ability in and 

knowledge of emergency preparedness and mitigation. 

(3) RESPONSIBILITIES.—The Deputy Under Secretary for 

Emergency Preparedness and Mitigation shall assist the Under 

Secretary for Emergency Management in discharging the responsibilities of the Under Secretary. 

(c) DEPUTY UNDER SECRETARY FOR EMERGENCY RESPONSE AND

RECOVERY.—

(1) IN GENERAL.—There is in the Department a Deputy Under 

Secretary for Emergency Response and Recovery, who shall be 


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appointed by the President, by and with the advice and consent 

of the Senate. 

(2) QUALIFICATIONS.—The individual appointed as Deputy 

Under Secretary shall possess a demonstrated ability in and 

knowledge of emergency response and recovery. 

(3) RESPONSIBILITIES.—The Deputy Under Secretary for 

Emergency Response and Recovery shall assist the Under Secretary for Emergency Management in discharging the responsibilities of the Under Secretary. 

(d) ASSISTANT SECRETARIES FOR EMERGENCY MANAGEMENT.—

There are in the Department the following Assistant Secretaries, 

who shall be appointed by the President, by and with the advice 

and consent of the Senate: 

(1) An Assistant Secretary for Grants and Planning, who 

shall report directly to the Deputy Under Secretary for Emergency Preparedness and Mitigation. 

(2) An Assistant Secretary for Training and Exercises, who 

shall report directly to the Deputy Under Secretary for Emergency Preparedness and Mitigation. 

(3) An Assistant Secretary for Emergency Communications, 

who shall report directly to the Under Secretary for Emergency 

Management. 

(4) An Assistant Secretary for Infrastructure Protection, who 

shall report directly to the Under Secretary for Emergency Management. 

(5) An Assistant Secretary for Cybersecurity and Telecommunications, who shall report directly to the Under Secretary for Emergency Management. 

SEC. 502. RESPONSIBILITIES OF THE UNDER SECRETARY. 

(a) RESPONSIBILITIES.—Subject to the direction and control of the 

Secretary, the Under Secretary for Emergency Management shall 

have the primary responsibility within the executive branch of Government for preparing for, mitigating against, responding to, and 

recovering from acts of terrorism, natural disasters, and other emergencies. Such responsibilities shall include the following: 

(1) Serving as the Secretary’s principal advisor on emergency 

preparedness, mitigation, response, and recovery issues. 

(2) Carrying out all functions and authorities prescribed by 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

(3) Coordinating the Federal response to acts of terrorism, 

natural disasters, or other emergencies, including coordination 

of—

(A) the National Emergency Response Team; 

(B) the deployment of the Strategic National Stockpile; 

(C) the National Disaster Medical System; 

(D) the Nuclear Incident Response Team (when operating 

as an organizational unit of the Department pursuant to 

this title); 

(E) the Metropolitan Medical Response System; 

(F) the Urban Search and Rescue System; 

(G) Federal Incident Response Support Teams; 

(H) Management Support Teams; and 

(I) the Mobile Emergency Response System. 


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(4) Overseeing and directing all of the activities of the Directorate. 

(5) Developing for each fiscal year, and submitting directly to 

the President, a prepared budget for the Directorate. 

(6) Coordinating emergency preparedness, mitigation, response, and recovery activities throughout the Department. 

(7) Leading the development of an integrated national emergency management system. 

(8) Coordinating preparedness, mitigation, response, and recovery efforts at the Federal level. 

(9) Working with all State, local, tribal, and private sector 

emergency managers, emergency response providers, and emergency support providers on all matters pertaining to acts of terrorism, natural disasters, and other emergencies, including 

training, exercises, and lessons learned. 

(10) Implementing national strategies and policies in all matters pertaining to emergency management and the protection of 

critical infrastructure. 

(11) Establishing priorities for directing, funding, and conducting national preparedness programs, activities, and services for preventing, protecting against, mitigating against, responding to, and recovering from acts of terrorism, natural disasters, and other emergencies. 

(12) Coordinating communications and systems of communications relating to homeland security by and between all levels of government. 

(13) Directing and supervising homeland security financial 

assistance awarded by the Department to State, local, and tribal governments. 

(14) Serving as an advocate for emergency preparedness 

across all government sectors, the private sector, and the public. 

(15) Helping to ensure the acquisition of operable and interoperable communications capabilities by Federal, State, and 

local governments and emergency response providers. 

(16) Aiding the recovery from acts of terrorism, natural disasters, and other emergencies. 

(17) Minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and 

tribal governments and the private sector. 

(18) Performing such other duties relating to such responsibilities as the Secretary may require. 

(b) FUNCTIONS TRANSFERRED.—

(1) TRANSFER.—There are transferred to the Under Secretary 

for Emergency Management—

(A) the functions, personnel, assets, and liabilities of the 

Federal Emergency Management Agency; and 

(B) the functions, personnel, assets, and liabilities of the 

Directorate of Preparedness. 

(2) RESPONSIBILITIES.—The Under Secretary shall carry out 

the responsibilities of the Director of the Federal Emergency 

Management Agency and the responsibilities of the Under Secretary for Preparedness. 

(c) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.—

The Secretary shall perform the functions of the following entities 

through the Under Secretary for Emergency Management: 


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(1) The Integrated Hazard Information System (which the 

Secretary shall rename ‘‘FIRESAT’’) of the National Oceanic 

and Atmospheric Administration. 

(2) The National Domestic Preparedness Office of the Federal 

Bureau of Investigation, including the functions of the Attorney 

General relating thereto. 

(3) The Domestic Emergency Response Teams of the Department of Justice, including the functions of the Attorney General 

relating thereto. 

(4) The Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response 

System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human 

Services and the Assistant Secretary for Public Health Emergency Preparedness relating thereto. 

(5) The United States Fire Administration and the United 

States Fire Academy. 

(d) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual Homeland Security Appropriations 

Act relating to the reprogramming or transfer of funds. 

(e) SUFFICIENCY OF RESOURCES.—The Secretary shall provide to 

the Under Secretary for Emergency Management the resources and 

staff necessary to carry out the responsibilities of the Directorate of 

Emergency Management under this section. 

SEC. 503. PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT. 

(a) IN GENERAL.—The Under Secretary for Emergency Management shall serve as the principal advisor to the President for all 

matters pertaining to emergency management in the United States. 

(b) CABINET STATUS.—During the effective period of an Incident 

of National Significance declared by the Secretary under the National Response Plan, the Under Secretary for Emergency Management shall serve as a Cabinet Officer for the duration of such Incident of National Significance. 

(c) APPOINTMENT OF PRINCIPAL FEDERAL OFFICIAL.—Notwithstanding any provision of the National Response Plan or Homeland 

Security Presidential Directive 5, the Secretary, in coordination with 

the Under Secretary for Emergency Management, shall designate 

the Principal Federal Official for purposes of the National Response 

Plan. 

(d) RETENTION OF AUTHORITY.—Nothing in this section shall be 

construed as affecting the authority of the Secretary under this Act. 

SEC. 504. REGIONAL OFFICES. 

(a) IN GENERAL.—In accordance with section 706, there is in the 

Directorate a Regional Office of Emergency Management for each 

region of the United States. 

(b) MANAGEMENT OF REGIONAL OFFICES.—

(1) REGIONAL DIRECTOR.—Each Regional Office shall be 

headed by a Regional Director for Emergency Management, 

who shall be appointed by the Secretary, in consultation with 

State, local, and tribal governments in the region. Except as 

provided in subsection (c)(3), each Regional Director for Emergency Management shall report directly to the Under Secretary 

for Emergency Management. 


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(2) DEPUTY REGIONAL DIRECTOR.—There shall be in each Regional Office a Deputy Regional Director for Emergency Management, who shall be appointed by the Secretary, in consultation with State, local, and tribal governments in the region. The 

Deputy Regional Director for Emergency Management for a Regional Office shall report directly to the Regional Director for 

Emergency Management for that Regional Office. 

(3) QUALIFICATIONS.—Each individual appointed as Regional 

Director or Deputy Regional Director for Emergency Management must possess a demonstrated ability in and knowledge of 

emergency management and possess familiarity with the geographical area and demographic characteristics of the population served by the Regional Office. 

(c) RESPONSIBILITIES.—

(1) IN GENERAL.—Subject to the direction and control of the 

Secretary and in consultation with the Regional Advisory Council on Emergency Management under subsection (e), each Regional Director for Emergency Management shall work in partnership with State, local, and tribal governments, emergency 

managers, emergency response providers, emergency support 

providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations 

in the geographical area served by the Regional Office to carry 

out the responsibilities under this section. 

(2) CORE RESPONSIBILITIES.—The core responsibilities of each 

Regional Director are as follows: 

(A) Ensuring coordination and integration of regional 

preparedness, mitigation, response, and recovery activities 

and programs, including planning, training, exercises, and 

professional development. 

(B) Participating in regional emergency management activities. 

(C) Identifying critical gaps in preparedness and reporting such gaps to the Assistant Secretary for Grants and 

Planning. 

(D) Identifying critical gaps in critical infrastructure and 

reporting such gaps to the Assistant Secretary for Infrastructure Protection. 

(E) Organizing, in consultation with the Assistant Secretary for Training and Exercises, regional training and exercise programs. 

(F) Facilitating the dissemination and implementation of 

lessons learned and best practices. 

(G) Improving general information sharing and other 

forms of coordination. 

(H) Encouraging, in coordination with the Director of the 

Office of Public and Community Preparedness, public and 

community preparedness efforts. 

(I) Assisting in the development of regional capabilities 

needed for a national catastrophic response system. 

(J) Monitoring, in coordination with the Assistant Secretary for Grants and Planning, the use of Federal homeland security assistance awarded by the Department to 

State, local, and tribal governments. 


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(K) Pre-identifying Joint Field Office locations in areas 

with large populations or in areas at high risk to acts of 

terrorism, natural disasters, or other emergencies. 

(L) Fostering the development of mutual aid and other 

cooperative agreements pertaining to emergency management. 

(M) Identifying critical gaps in regional capabilities to respond to the needs of at-risk communities, as described in 

section 527(e). 

(N) Performing such other duties relating to such responsibilities as the Secretary may require. 

(3) INCIDENTS OF NATIONAL SIGNIFICANCE.—

(A) APPOINTMENT OF REGIONAL DIRECTOR AS PRINCIPAL

FEDERAL OFFICIAL OR FEDERAL COORDINATING OFFICER.—

During the effective period of an Incident of National Significance declared by the Secretary under the National Response Plan, if the Regional Director is appointed Principal 

Federal Official or Federal Coordinating Officer, the Deputy Regional Director shall assume the responsibilities of 

the Regional Director during such incident. 

(B) RESPONSIBILITIES OF PRINCIPAL FEDERAL OFFICIAL.— In addition to the responsibilities of the Principal Federal 

Official under the National Response Plan, such Official 

shall, with respect to the Incident of National Significance—

(i) establish and direct a Joint Field Office and any 

other coordination structure that is needed for such incident; 

(ii) possess the authority to make any necessary operational decisions, in accordance with existing Federal 

law, without obtaining approval from the Secretary; 

(iii) coordinate and direct, as appropriate, Federal 

response assets deployed within the operational area; 

(iv) serve as the primary point of contact between the 

Department, the Department of Defense, and States for 

contingency planning; and 

(v) act as the primary point of contact and situational awareness locally for the Secretary of Homeland 

Security. 

(d) TRAINING AND EXERCISE REQUIREMENTS.—

(1) TRAINING.—The Secretary shall require each Regional Director and Deputy Regional Director for Emergency Management to complete Principal Federal Officer training not later 

than 60 days after the date on which the Regional Director or 

Deputy Regional Director is appointed. In addition, the Secretary shall require each Regional Director and Deputy Regional Director to periodically, but not less than annually, undergo specific training to complement the qualifications of the 

Regional Director or Deputy Regional Director. Such training 

shall include training with respect to the National Incident 

Management System, the National Response Plan, and such 

other subjects as determined by the Secretary. 

(2) EXERCISES.—The Secretary shall require each Regional 

Director and Deputy Regional Director for Emergency Management to regularly participate in regional or national exercises. 


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(e) REGIONAL ADVISORY COUNCILS ON EMERGENCY MANAGE- MENT.—

(1) ESTABLISHMENT.—There is in each Regional Office a Regional Advisory Council on Emergency Management. Each Advisory Council shall report to the Regional Director of the Regional Office. 

(2) MEMBERSHIP.— (A) The Regional Director shall appoint the following 

members to the Advisory Council of that Regional Director’s 

Regional Office— (i) subject matter experts from across the Federal 

Government, including representatives from the Departments of Defense, Energy, Health and Human 

Services, and Transportation; 

(ii) subject matter experts from components of the Directorate, including the Offices of Grants and Planning, Training and Exercises, Public and Community 

Preparedness, Infrastructure Protection, Response, and 

Recovery; 

(iii) subject matter experts from other components of 

the Department, including the Coast Guard, United 

States Customs and Border Protection, Immigration 

and Customs Enforcement, the Transportation Security 

Administration, and the United States Secret Service; 

(iv) subject matter experts representing emergency 

managers, emergency response providers, and emergency support providers; and 

(v) subject matter experts from the private sector, including nongovernmental organizations, educational 

institutions, social action agencies, and faith-based organizations. 

(B) State, local, and tribal governments within the geographic area served by the Regional Office shall appoint officials, including Adjutants General and emergency managers, as members of the Advisory Council. 

(3) TERMS OF OFFICE.— (A) IN GENERAL.—The term of office of each member of 

the Advisory Council shall be 3 years. 

(B) INITIAL APPOINTMENTS.—Of the members initially appointed to the Advisory Council— (i) one-third shall be appointed for a term of one 

year; and 

(ii) one-third shall be appointed for a term of two 

years. 

(4) CHAIR.—At the first meeting of the Advisory Council, the 

members of the Advisory Council appointed under paragraph 

(2) shall elect a chair of the Advisory Council. 

(5) MEETINGS.—The Advisory Council shall meet at least biannually at the call of the chair. Each member shall be given 

appropriate notice of the call of each meeting, whenever possible 

not less than 15 days before the meeting. 

(6) REGIONAL FACTORS.—The size and composition of each 

Advisory Council shall be determined by— (A) the size of the region associated with the Advisory 

Council; 


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(B) the propensity of that region to experience natural 

disasters and other emergencies; 

(C) the risk of acts of terrorism within the region; and 

(D) State, local, and tribal preparedness, as measured 

against the National Preparedness Goal. 

(7) RESPONSIBILITIES.—The Advisory Council shall carry out 

the following responsibilities: 

(A) Advise the Regional Director on emergency management issues specific to that region. 

(B) Identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government 

within the region that might make preparedness, mitigation, response, or recovery more complicated or difficult. 

(C) Advise the Regional Director on developing a process 

of peer review for catastrophic emergency plans submitted 

under section 524. 

(D) Advise the Regional Director of any weaknesses or deficiencies in preparedness, mitigation, response, and recovery for any State, local, or tribal government within the region of which the Advisory Council is aware. 

(E) Assist the Regional Director in establishing a process 

to secure goods and services through coordinated, pre-negotiated contracts by Federal, State, local, and tribal governments. 

(F) Provide recommendations on other matters pertaining 

to emergency management. 

(G) Provide such advice as the Regional Director requests. 

(f) COORDINATION.—Each Regional Director for Emergency Management shall coordinate all activities conducted under this section 

with other Federal departments and agencies, and shall not have 

authority over other agencies of the Department, including the Coast 

Guard, the United States Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, or the United States Secret Service. 

(g) RETENTION OF AUTHORITIES.—

(1) FEDERAL COORDINATING OFFICER.—Nothing in this section 

shall be construed as affecting any authority of the Federal Coordinating Officer under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5201 et seq.). 

(2) STATE, LOCAL, AND TRIBAL GOVERNMENTS.—Nothing in 

this section shall be construed as limiting the power of State, 

local, and tribal governments. 

(h) DEADLINE AND USE OF EXISTING OFFICES.—

(1) DEADLINE.—The Secretary shall establish the Regional Offices required under this section not later than one year after 

the date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006. 

(2) USE OF EXISTING FIELD OFFICES.—In establishing the Regional Offices required under this section, the Secretary shall, 

to the extent practicable, co-locate and consolidate field offices 

of the Department that are in existence as of the date of the enactment of such Act. 

(i) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—


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(1) IN GENERAL.—Notwithstanding section 871(a) and subject 

to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. 

App.), including subsections (a), (b), and (d) of section 10 of 

such Act, and section 552b(c) of title 5, United States Code, 

shall apply to the Advisory Council. 

(2) TERMINATION.—Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. 

SEC. 505. CHIEF MEDICAL OFFICER. 

(a) IN GENERAL.—There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. The Chief Medical Officer shall report directly to the Under Secretary for Emergency Management. 

(b) QUALIFICATIONS.—The individual appointed as Chief Medical 

Officer shall possess a demonstrated ability in and knowledge of 

medicine and public health. 

(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the 

primary responsibility within the Department for medical issues related to acts of terrorism, natural disasters, and other emergencies, 

including the following: 

(1) Serving as the Secretary’s principal advisor on medical 

and public health issues. 

(2) Coordinating the biosurveillance and detection activities 

of the Department. 

(3) Ensuring that decision support tools link biosurveillance 

and detection information to near real-time response actions at 

the State, local, and tribal level. 

(4) Ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support. 

(5) Serving as the Department’s primary point of contact with 

the Departments of Agriculture, Defense, Health and Human 

Services, Transportation, and Veterans Affairs, and other Federal departments or agencies, on medical and public health 

issues. 

(6) Serving as the Department’s primary point of contact with 

respect to medical and public health matters. 

(7) Discharging, in coordination with the Under Secretary for 

Science and Technology, responsibilities of the Department related to Project Bioshield. 

(8) Establishing doctrine and priorities for the National Disaster Medical System and supervising its medical components, 

consistent with the National Response Plan and the National 

Incident Management System. 

(9) Establishing doctrine and priorities for the Metropolitan 

Medical Response System, consistent with the National Response Plan and the National Incident Management System. 

(10) Assessing and monitoring long-term health issues of 

emergency managers, emergency response providers, and emergency support providers. 

(11) Developing and updating guidelines for State, local, and 

tribal governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapon attacks. 

(12) Identifying, in consultation with the Secretary of Health 

and Human Services, appropriate medical equipment and supVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00118 Fmt 6659 Sfmt 6603 E:\HR\OC\HR712P1.XXX HR712P1

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plies for inclusion in the force packages under the Prepositioned 

Equipment Program under section 581. 

(13) Developing, in consultation with the Secretary of Health 

and Human Services, appropriate patient tracking capabilities 

to execute domestic patient movement and evacuations, including a system that has the capacity of electronically maintaining 

and transmitting the health information of hospital patients. 

(14) Performing such other duties relating to such responsibilities as the Secretary may require. 

(d) DEPUTY.—There is in the Department a Deputy Chief Medical 

Officer, who shall be appointed by the Secretary and who shall assist the Chief Medical Officer in carrying out the responsibilities 

under subsection (c). 

(e) QUALIFICATIONS.—The individual appointed as Deputy Chief 

Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health. 

(f) LONG-TERM HEALTH ASSESSMENT PROGRAM.— (1) IN GENERAL.—The Chief Medical Officer, in consultation 

with the Director of the National Institute for Occupational 

Safety and Health, shall establish a program to assess, monitor, and study the health and safety of emergency managers, 

emergency response providers, and emergency support providers 

following Incidents of National Significance declared by the 

Secretary under the National Response Plan. 

(2) COOPERATIVE AGREEMENTS.—In carrying out the program 

under this subsection, the Chief Medical Officer shall enter into 

cooperative agreements, as necessary, with medical institutions 

in the areas affected by such Incidents of National Significance. 

SEC. 506. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM. 

(a) ESTABLISHMENT.—The Secretary, acting through the Chief 

Medical Officer, shall establish a National Biosurveillance Integration System (referred to in this section as the ‘‘NBIS’’) to enhance 

the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing 

data from human health, animal, plant, food, and environmental 

monitoring systems (both national and international) into 1 comprehensive system. 

(b) REQUIREMENTS.—The NBIS shall be designed to detect, as 

early as possible, a biological event that presents a risk to the 

United States or the infrastructure or key assets of the United 

States. The NBIS shall—

(1) consolidate data from all relevant surveillance systems 

maintained by the Department and other governmental and private sources, both foreign and domestic; 

(2) use an information technology system that uses the best 

available statistical and other analytical tools to automatically 

identify and characterize biological events in as close to realtime as possible; and 

(3) process and protect sensitive data consistent with requirements of applicable privacy laws including the Health Insurance Portability and Accountability Act of 1996. 

(c) RESPONSIBILITIES OF THE CHIEF MEDICAL OFFICER.—

(1) IN GENERAL.—The Chief Medical Officer shall—

(A) establish an entity to perform all operations and assessments related to the NBIS; 


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(B) continuously monitor the availability and appropriateness of data feeds and solicit new surveillance systems with data that would enhance biological situational 

awareness or overall NBIS performance; 

(C) continuously review and seek to improve the statistical and other analytical methods utilized by NBIS; 

(D) establish a procedure to enable States and local government entities to report suspicious events that could warrant further assessments using NBIS; 

(E) receive and consider all relevant homeland security 

information; and 

(F) provide technical assistance, as appropriate, to all 

Federal, regional, State, and local government entities and 

private sector entities that contribute data relevant to the 

operation of NBIS. 

(2) ASSESSMENTS.—The Chief Medical Officer shall—

(A) continuously evaluate available data for evidence of 

a biological event; and 

(B) integrate homeland security information with NBIS 

data to provide overall situational awareness and determine whether a biological event has occurred. 

(3) INFORMATION SHARING.—The Chief Medical Officer 

shall—

(A) in the event that a biological event is detected, notify 

the Secretary and disseminate results of NBIS assessments 

related to that biological event to appropriate Federal, regional, State, and local response entities in a timely manner to support decisionmaking; 

(B) provide reports on NBIS assessments to Federal, regional, State, and local governments and any private sector 

entities, as considered appropriate by the Secretary; and 

(C) use available information sharing networks internal 

to the Department, as well as those within the intelligence 

community and operation centers, for distributing NBIS incident or situational awareness reports. 

(d) NOTIFICATION OF CHIEF MEDICAL OFFICER.—The Secretary 

shall ensure that the Chief Medical Officer is notified of any threat 

of a biological event and receives all classified and unclassified reports related to threats of biological events in a timely manner. 

(e) ADMINISTRATIVE AUTHORITIES.—

(1) HIRING OF EXPERTS.—The Chief Medical Officer shall hire 

individuals with the necessary expertise to develop and operate 

the NBIS system. 

(2) DETAIL OF PERSONNEL.—Upon the request of the Chief 

Medical Officer, the head of any Federal department or agency 

may detail, on a reimbursable basis, any of the personnel of 

that department or agency to the Directorate of Emergency 

Management to assist the Chief Medical Officer in carrying out 

this section. 

(3) PRIVACY.—The Chief Medical Officer shall ensure all applicable privacy regulations are strictly adhered to in the operation of the NBIS and the sharing of any information related 

to the NBIS. 

(f) JOINT BIOSURVEILLANCE LEADERSHIP COUNCIL.—The Chief 

Medical Officer shall—


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(1) establish an interagency coordination council to facilitate 

interagency cooperation to advise the Chief Medical Officer on 

recommendations to enhance the biosurveillance capabilities of 

the Department; and 

(2) invite officials of Federal agencies that conduct biosurveillance programs, including the Department of Health and 

Human Services, the Department of Agriculture, the Environment Protection Agency, and the Department of Defense, to 

serve on such council. 

(g) ANNUAL REPORT REQUIRED.—Not later than December 31 of 

each year, the Chief Medical Officer shall submit to Congress a report that contains each of the following: 

(1) A list of departments, agencies, and private or nonprofit 

entities participating in the NBIS and the data each entity contributes to the NBIS. 

(2) An implementation plan for the NBIS that includes cost, 

schedule, and key milestones. 

(3) The status of the implementation of the NBIS. 

(4) The schedule for obtaining access to any relevant biosurveillance information not compiled in NBIS as of the date 

on which the report is submitted. 

(5) A description of the incident reporting or decisionmaking 

protocols in effect as of the date on which the report is submitted and any changes made to such protocols during the period beginning on the date on which the report for the preceding 

year was submitted and ending on the date on which the report 

is submitted. 

(6) A list of any Federal, State, or local government entities 

that have direct or indirect access to the information that is integrated into the NBIS. 

(h) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the Chief Medical Officer under this section shall not 

affect an authority or responsibility of any other department or 

agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or 

agency. 

(i) BIOLOGICAL EVENT.—The term ‘‘biological event’’ means—

(1) an act of terrorism that uses material of biological origins; 

or 

(2) a naturally occurring outbreak of an infectious disease 

that may affect national security. 

SEC. 507. OFFICE OF STATE, LOCAL, AND TRIBAL GOVERNMENT COORDINATION. 

(a) ESTABLISHMENT.—There is in the Directorate of Emergency 

Management an Office of State, Local, and Tribal Government Coordination to oversee and coordinate programs of the Directorate for 

and relationships with national organizations representing State, 

local, and tribal governments. 

(b) DIRECTOR.—The Office shall be headed by a Director, who 

shall be appointed by the Secretary. 

(c) RESPONSIBILITIES.—The Director of the Office of State, Local, 

and Tribal Government Coordination shall, in consultation with the 

Regional Directors for Emergency Management appointed under 

section 504(b), carry out the following responsibilities: 


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(1) Coordinating the activities of the Directorate relating to 

State, local, and tribal government. 

(2) Assessing and advocating for the resources needed by 

State, local, and tribal governments to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, 

natural disasters, and other emergencies. 

(3) Providing State, local, and tribal governments with regular information, research, and technical support to assist local 

efforts in securing the homeland. 

(4) Developing a process for receiving meaningful and timely 

consultation from State, local, and tribal governments to assist 

in the development of an integrated national emergency management system. 

(5) Scheduling regular meetings with representatives selected 

by State, local, and tribal governments. 

(6) Ensuring the coordination of the planning, reporting, and 

certification requirements imposed on State, local, and tribal 

governments by the Directorate, identifying duplicative reporting and certification requirements that can be eliminated, and 

determining whether some reports can be used or adapted to be 

used to satisfy multiple reporting obligations. 

SEC. 508. OFFICE OF NATIONAL CAPITAL REGION COORDINATION. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—There is in the Directorate of Emergency 

Management the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region, as defined under section 2674(f)(2) of 

title 10, United States Code. 

(2) DIRECTOR.—The Office shall be headed by a Director, who 

shall be appointed by the Secretary. The Director shall report 

directly to the Under Secretary for Emergency Management. 

(3) COOPERATION.—The Secretary shall cooperate with the 

Mayor of the District of Columbia, the Governors of Maryland 

and Virginia, and other State, local, and regional officers in the 

National Capital Region to integrate the District of Columbia, 

Maryland, and Virginia into the planning, coordination, and 

execution of the activities of the Federal Government to prevent, 

prepare for, respond to, mitigate against, and recover from acts 

of terrorism, natural disasters, and other emergencies. 

(b) RESPONSIBILITIES.—The Director of the Office of National 

Capital Region Coordination shall carry out the following responsibilities: 

(1) Overseeing and coordinating the activities of the Department relating to the National Capital Region, including cooperation with the Office for State, Local, and Tribal Government Coordination. 

(2) Assessing and advocating for the resources needed by 

State, local, and regional authorities in the National Capital 

Region to implement efforts to prevent, prepare for, respond to, 

mitigate against, and recover from acts of terrorism, natural 

disasters, and other emergencies. 

(3) Providing State, local, and regional authorities in the National Capital Region with regular information, research, and 

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gional authorities in the National Capital Region in preventing, 

preparing for, responding to, mitigating against, and recovering 

from acts of terrorism, natural disasters, and other emergencies. 

(4) Developing a process for receiving meaningful input from 

State, local, and regional authorities and the private sector in 

the National Capital Region to assist in the development of the 

homeland security plans and activities of the Federal Government. 

(5) Coordinating with Federal agencies in the National Capital Region on emergency preparedness to ensure adequate planning, information sharing, training, and execution of the Federal role in domestic preparedness activities. 

(6) Coordinating with Federal, State, local, and regional 

agencies and private sector entities in the National Capital Region on emergency preparedness to ensure adequate planning, 

information sharing, training, and execution of domestic preparedness activities among such agencies and entities. 

(7) Serving as a liaison between the Federal Government and 

State, local, and regional authorities and private sector entities 

in the National Capital Region to facilitate access to Federal 

grants and other programs. 

(c) ANNUAL REPORT.—The Director shall submit to Congress an 

annual report that includes the following: 

(1) The identification of any resources required to fully implement homeland security efforts in the National Capital Region. 

(2) An assessment of the progress made by the National Capital Region in implementing homeland security efforts. 

(3) The recommendations of the Director with respect any additional resources needed to fully implement homeland security 

efforts in the National Capital Region. 

(d) LIMITATION.—Nothing in this section shall be construed as 

limiting the power of any State, local, or tribal government. 

SEC. 509. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT. 

(a) ESTABLISHMENT.—Not later than 60 days after the date of the 

enactment of this section, the Secretary shall establish an advisory 

body pursuant to section 871(a), to be known as the National Advisory Council on Emergency Management. 

(b) RESPONSIBILITIES.—The Advisory Council shall assist the Secretary in implementing subsection (c). 

(c) REQUIREMENT TO REVIEW, REVISE, OR REPLACE CERTAIN DOCUMENTS.—The Secretary shall periodically, but not less than biennially, review, revise, or replace—

(1) the National Response Plan; 

(2) the National Incident Management System; 

(3) the National Preparedness Guidance; 

(4) the National Preparedness Goal; 

(5) the Targeted Capabilities List; 

(6) the Universal Task List; 

(7) the National Infrastructure Protection Plan; 

(8) the National Planning Scenarios; 

(9) any successor to any document under any of paragraphs 

(1) through (8); and 

(10) any other national initiatives on acts of terrorism, natural disasters, and other emergencies that affects emergency 


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managers, emergency response providers, and emergency support providers as necessary. 

(d) REPORT.—

(1) IN GENERAL.—Not later than one year after the date on 

which the Advisory Council is established under subsection (a), 

and not later than every two years thereafter, the Advisory 

Council shall submit to the Secretary a report on the recommendations of the Advisory Council for reviewing, revising, 

or replacing such national initiatives. 

(2) CONTENTS.—Each report shall—

(A) include a priority ranking of essential capabilities for 

emergency preparedness in order to provide guidance to the 

Secretary and to the Congress on determining the appropriate allocation of, and funding levels for, the needs of 

emergency response providers; 

(B) set forth a methodology by which any State, local, or 

tribal government will be able to determine the extent to 

which it possesses or has access to the essential capabilities 

that State, local, and tribal governments having similar 

risks should obtain; 

(C) describe the availability of national voluntary consensus standards, and whether there is a need for new national voluntary consensus standards, with respect to training and equipment for emergency response providers; 

(D) include such additional matters as the Secretary may 

specify in order to further the emergency preparedness capabilities of emergency response providers; and 

(E) include such revisions to the contents of previous reports as are necessary to take into account changes in the 

most current risk assessment prepared by and available 

from the Chief Intelligence Officer and the Assistant Secretary for Infrastructure Protection or other relevant information as determined by the Secretary. 

(3) CONSISTENCY WITH FEDERAL WORKING GROUP.—The Advisory Council shall ensure that its recommendations for essential 

capabilities for emergency preparedness are, to the extent feasible, consistent with any preparedness goals or recommendations of the Federal working group established under section 

319F(a) of the Public Health Service Act (42 U.S.C. 247d–6(a)). 

(e) MEMBERSHIP.—

(1) IN GENERAL.—The Advisory Council shall consist of 30 

members appointed by the Secretary, and shall, to the extent 

practicable, represent a geographic (including urban and rural) 

and substantive cross section of emergency managers, emergency response providers, and emergency support providers 

from State, local, and tribal governments, including as appropriate—

(A) members selected from the emergency management 

and response fields, including fire service, law enforcement, 

hazardous materials response, emergency medical services, 

and emergency management personnel; 

(B) health scientists, emergency and inpatient medical 

providers, and public health professionals, including—


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(i) experts in emergency health care response to 

chemical, biological, radiological, and nuclear terrorism; 

(ii) experts in providing mental health care during 

emergency response operations; and 

(iii) experts in stockpiling medical equipment and 

supplies and medical logistics; 

(C) experts from Federal, State, and local governments, 

and the private sector, representing standards-setting organizations, including representation from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness 

and response field; 

(D) State and local officials with expertise in terrorism 

preparedness and emergency management, including Adjutants General, subject to the condition that if any such official is an elected official representing 1 of the two major political parties, an equal number of elected officials shall be 

selected from each such party; and 

(E) members selected from the emergency support field, 

including public works, utilities, and transportation personnel who are routinely engaged in emergency response. 

(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND

HUMAN SERVICES AND TRANSPORTATION.—In the selection of 

members of the Advisory Council who are health or emergency 

medical services professionals, the Secretary shall coordinate 

such selection with the Secretaries of Health and Human Services and Transportation. 

(3) EX OFFICIO MEMBERS.—The Secretary and the Secretary of 

Health and Human Services shall each designate 1 or more officers of their respective Department to serve as ex officio members of the Advisory Council. One of the ex officio members from 

the Department of Homeland Security shall be the designated 

officer of the Federal Government for purposes of subsection (e) 

of section 10 of the Federal Advisory Committee Act (5 App. 

U.S.C.). 

(4) TERMS OF OFFICE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the term of office of each member of the Advisory Council shall be 3 years. 

(B) INITIAL APPOINTMENTS.—Of the members initially appointed to the Advisory Council—

(i) one-third shall be appointed for a term of one 

year; and 

(ii) one-third shall be appointed for a term of two 

years. 

(f) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—

(1) IN GENERAL.—Notwithstanding section 871(a) and subject 

to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. 

App.), including subsections (a), (b), and (d) of section 10 of 

such Act, and section 552b(c) of title 5, United States Code, 

shall apply to the Advisory Council. 

(2) TERMINATION.—Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. 


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SEC. 510. REORGANIZATION OF DIRECTORATE. 

The Secretary may not allocate or reallocate functions among the 

officers of the Directorate of Emergency Management or establish, 

consolidate, alter, or discontinue organizational units within the Directorate of Emergency Management under the authority of section 

872 until the date that is 120 days after the date on which the Secretary submits to Congress a report describing the proposed allocation, reallocation, establishment, consolidation, alteration or discontinuance. 

Subtitle B—Emergency Preparedness 

SEC. 521. OFFICE OF GRANTS AND PLANNING. 

(a) IN GENERAL.—There is in the Department an Office of Grants 

and Planning under the authority of the Under Secretary for Emergency Management. 

(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Grants and Planning. 

(c) RESPONSIBILITIES.—The Assistant Secretary for Grants and 

Planning shall carry out the following responsibilities: 

(1) Administering Department grant programs that enhance 

the capacity of State, regional, local, and tribal governments to 

prevent, prepare for, mitigate against, respond to, and recover 

from acts of terrorism, natural disasters, and other emergencies. 

(2) Ensuring coordination of the homeland security assistance 

programs of the Federal Government. 

(3) Establishing incentives for the efficient administration of 

Federal homeland security assistance. 

(4) Evaluating the effectiveness of funded Department programs and disseminating lessons learned, as appropriate. 

(5) Reviewing and revising, in consultation with the NIC (as 

that term is used in section 541) and the National Advisory 

Council on Emergency Management, on a periodic basis, but 

not less than biennially, preparedness documents and capabilities-based planning tools, related to catastrophic acts of terrorism, natural disasters, and other emergencies, including—

(A) the National Preparedness Goal; 

(B) the Targeted Capabilities List; 

(C) the Universal Task List; 

(D) the National Planning Scenarios; and 

(E) any other document or tool in support of Homeland 

Security Presidential Directive 8 or any other Homeland 

Security Presidential Directive related to the national emergency management system. 

(6) Establishing, in coordination with State, local, and tribal 

governments, a clear and accountable process for achieving, 

maintaining, and enhancing national preparedness for catastrophic acts of terrorism, natural disasters, and other emergencies. 

(7) Providing technical assistance to State, local, and tribal 

governments on catastrophic planning and preparedness. 

(8) Developing performance measures and metrics for assessing national preparedness. 


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(9) Assessing, on a periodic basis, but not less than annually, 

the effectiveness of preparedness capabilities at the Federal, 

State, local, and tribal levels. 

(10) Developing priorities for Federal homeland security assistance to State, local, and tribal governments on the basis of 

such periodic assessments. 

(11) Implementing a shared resource planning system to facilitate collaborative plan development. 

(12) Reviewing, in coordination with appropriate Federal departments and agencies, all Federal preparedness activities. 

(13) Performing such other duties relating to such responsibilities as the Secretary may require. 

(d) ANNUAL STATUS REPORTS.—Not later than 60 days after the 

last day of each fiscal year, the Secretary shall provide to Congress 

a status report on the Nation’s level of preparedness during that fiscal year, including State, local, and tribal capabilities, the amount 

and use of grants awarded by the Department to State, local, and 

tribal governments, the readiness of Federal response assets, the utilization of mutual aid, and an assessment of how the Federal homeland security assistance programs support the National Preparedness Goal. 

SEC. 522. OFFICE OF TRAINING AND EXERCISES. 

(a) IN GENERAL.—There is in the Department an Office of Training and Exercises under the authority of the Under Secretary for 

Emergency Management. 

(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Training and Exercises. 

(c) RESPONSIBILITIES.—The Assistant Secretary for Training and 

Exercises shall—

(1) establish specific requirements for training programs and 

exercises for Federal, State, regional, local, and tribal government officials, emergency response providers, emergency support 

providers, and other entities as appropriate; 

(2) design, develop, perform, and evaluate training programs 

and exercises at all levels of government to enhance and test the 

Nation’s capability to prevent, prepare for, mitigate against, respond to, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies; 

(3) establish common supporting methodology for training 

programs and exercises; 

(4) define and implement performance measures for training 

programs and exercises; 

(5) coordinate the training and exercise activities of the Department; 

(6) serve as the primary point of contact in the Department 

for homeland security training and exercises for other Federal 

departments and agencies; 

(7) identify, analyze, and monitor the implementation of best 

practices and lessons learned with respect to training and exercises; 

(8) establish a comprehensive program for the professional development and education of homeland security personnel at all 

levels of government, nongovernmental organizations, and 

emergency management personnel in the private sector; and 


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(9) perform such other duties relating to such responsibilities 

as the Secretary may require. 

(d) TRANSFER.— (1) IN GENERAL.—The Assistant Secretary for Training and 

Exercises shall have authority over the following: 

(A) The Center for Domestic Preparedness. 

(B) The National Emergency Training Center. 

(C) The National Exercise and Evaluation Program. 

(2) NOBLE TRAINING CENTER.—The Noble Training Center is 

transferred to the Center for Domestic Preparedness. The Center 

for Domestic Preparedness shall integrate the Noble Training 

Center into the program structure of the Center for Domestic 

Preparedness. 

(e) NATIONAL EXERCISE PROGRAM.—

(1) IN GENERAL.—The Secretary, acting through the Assistant 

Secretary for Training and Exercises, shall carry out a National Exercise Program for the purpose of testing, evaluating, 

and enhancing the capabilities of Federal, State, regional, local, 

and tribal government entities to prevent, prepare for, respond 

to, mitigate against, and recover from threatened or actual acts 

of terrorism, natural disasters, and other emergencies. 

(2) CONTENTS OF PROGRAM.—The National Exercise Program—

(A) shall enhance coordination for preparedness between 

all levels of government, emergency response providers, 

emergency support providers, nongovernmental organizations, international governments and organizations, and 

the private sector; 

(B) shall be— (i) multidisciplinary in nature, including, as appropriate, information analysis and cybersecurity components; 

(ii) as realistic as practicable and based on current 

risk assessments, including credible threats, 

vulnerabilities, and consequences; 

(iii) carried out with the minimum degree of notice 

to involved parties regarding the timing and details of 

such exercises, consistent with safety considerations; 

(iv) evaluated against performance measures and followed by corrective action to solve identified deficiencies; and 

(v) assessed to learn best practices, which the Secretary shall share with appropriate Federal, State, regional, local, and tribal personnel, authorities, and 

training institutions for emergency managers, emergency response providers, and emergency support providers; and 

(C) shall provide assistance to State, regional, local, and 

tribal governments with the design, implementation, and 

evaluation of exercises that—

(i) conform to the requirements under subparagraph 

(B); 

(ii) are consistent with any applicable State or urban 

area homeland security strategy or plan; 

(iii) support implementation of—


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(I) the National Incident Management System; 

(II) the National Response Plan; 

(III) the National Preparedness Goal; 

(IV) the National Preparedness Guidance; 

(V) the National Infrastructure Protection Plan; 

and 

(VI) any other similar national initiatives; and 

(iv) provide for systematic evaluation of readiness. 

(3) NATIONAL LEVEL EXERCISES.—The Secretary, acting 

through the Assistant Secretary for Training and Exercises, 

shall periodically but not less than biennially, perform national 

exercises for the following purposes: 

(A) To involve in national exercises high-ranking officials 

from—

(i) Federal, State, local, tribal, and international 

governments; 

(ii) nongovernmental organizations, including faithbased organizations; 

(iii) the private sector; and 

(iv) others as the Secretary considers appropriate. 

(B) To test and evaluate, in coordination with the Attorney General and the Secretary of Defense, the capability of 

Federal, State, local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of 

terrorism, especially those involving weapons of mass destruction. 

(C) To test and evaluate the readiness of Federal, State, 

local, and tribal governments to respond in a coordinated 

and unified manner to catastrophic acts of terrorism, natural disasters, and other emergencies. 

(D) To test and evaluate the readiness of Federal, State, 

local, and tribal governments to recover from catastrophic 

acts of terrorism, natural disasters, and other emergencies. 

(4) COORDINATION AND CONSULTATION.—In carrying out the 

National Exercise Program, the Secretary shall—

(A) coordinate with—

(i) components of the Department that have expertise 

in exercises, including the Coast Guard, the United 

States Secret Service, United States Customs and Border Protection, and United States Immigration and 

Customs Enforcement; and 

(ii) such other Federal departments and agencies as 

the Secretary determines are appropriate; and 

(B) consult regularly with—

(i) a geographic and substantive cross section of 

emergency managers, emergency response providers, 

and emergency support providers (including such providers located in both urban and rural areas); 

(ii) Federal, State, and local training institutions for 

emergency managers, emergency response providers, 

and emergency support providers; and 

(iii) State and local officials, including Adjutants 

General, with expertise in terrorism preparedness and 

emergency management. 


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(5) TOP OFFICIAL PREVENTION EXERCISES.—Not later than one 

year after the date of enactment of the National Emergency 

Management Reform and Enhancement Act of 2006, the Secretary, acting through the Assistant Secretary for Training and 

Exercises, shall establish a program through which the Secretary carries out periodically but not less than biennially a national terrorism prevention exercise for the purposes of— (A) involving in national exercises high-ranking officials 

from Federal, State, local, tribal, and international governments, as the Secretary considers appropriate; and 

(B) testing and evaluating, in coordination with the Attorney General and the Secretary of Defense, the capability 

of Federal, State, local, and tribal government entities to 

detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism. 

(6) NATIONAL EXERCISE STRATEGY.—The Secretary, acting 

through the Assistant Secretary for Training and Exercises, 

shall develop a multi-year national homeland security exercise 

plan and submit the plan to the Homeland Security Council for 

review and approval. 

(f) NATIONAL TRAINING PROGRAM.— (1) IN GENERAL.—The Secretary, acting through the Assistant 

Secretary for Training and Exercises, shall carry out a National Training Program for the purpose of enhancing the capabilities of the Nation’s emergency managers, emergency response 

providers, and emergency support providers to prevent, prepare 

for, respond to, mitigate against, and recover from threatened 

or actual acts of terrorism, natural disasters, and other emergencies. 

(2) REQUIREMENTS.—The National Training Program shall 

provide training that—

(A) reaches multiple disciplines, including Federal, State, 

and local government officials, emergency managers, emergency response providers, emergency support providers, the 

private sector, international governments and organizations, and other entities as the Secretary considers appropriate; 

(B) provides training at the awareness, performance, and 

management and planning levels; 

(C) utilizes multiple training mediums and methods, including—

(i) direct delivery; 

(ii) train-the-trainer; 

(iii) computer-based training; 

(iv) web-based training; and 

(v) video teleconferencing; 

(D) is consistent with any applicable State or urban area 

homeland security strategy or plan; 

(E) is consistent with, and supports implementation of, 

the National Incident Management System, the National 

Response Plan, the National Preparedness Goal, the National Preparedness Guidance, the National Infrastructure 

Protection Plan, and other such national initiatives; 

(F) is evaluated against clear and consistent performance 

measures; and 


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(G) to the greatest extent practicable, utilizes State, regional, and tribal training institutions. 

(3) NATIONAL VOLUNTARY CONSENSUS STANDARDS.—The Secretary shall— (A) support the development, promulgation, and regular 

updating as necessary of national voluntary consensus 

standards for training; and 

(B) ensure that the training provided under the National 

Training Program is consistent with such standards. 

(4) TRAINING PARTNERS.—In developing and delivering training under the National Training Program, the Secretary 

shall—

(A) work with government training facilities, academic 

institutions, private organizations, and other entities that 

provide specialized, state-of-the-art training for emergency 

managers, emergency response providers, or emergency support providers; and 

(B) utilize, as appropriate, training courses provided by 

community colleges, State and local public safety academies, State and private universities, and other facilities. 

(5) COORDINATION AND CONSULTATION.—In carrying out the 

National Training Program, the Secretary shall— (A) coordinate with— (i) components of the Department that have expertise 

in training, including the Coast Guard, the United 

States Secret Service, the United States Fire Administration, and the Federal Law Enforcement Training 

Center; and 

(ii) such other Federal departments and agencies as 

the Secretary determines are appropriate; and 

(B) consult regularly with— (i) a geographic and substantive cross section of 

emergency managers, emergency response providers, 

and emergency support providers (including such providers located in both urban and rural areas); and 

(ii) State and local officials, including Adjutants 

General, with expertise in terrorism preparedness and 

emergency management. 

(g) REMEDIAL ACTION MANAGEMENT PROGRAM.—The Secretary, 

acting through the Assistant Secretary for Training and Exercises, 

shall establish a Remedial Action Management Program to— (1) identify and analyze training, exercises, and real-world 

events for lessons learned and best practices; 

(2) generate after action reports for Incidents of National Significance as declared by the Secretary under the National Response Plan; 

(3) disseminate lessons learned and best practices; 

(4) monitor the implementation of lessons learned and best 

practices; 

(5) conduct remedial action tracking and long-term trend 

analysis; and 

(6) certify that—

(A) recipients of Federal homeland security assistance 

have implemented lessons learned and best practices, as 

appropriate; and 


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(B) ensure that no recipient uses any Federal homeland 

security assistance without such certification. 

(h) NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.—There is 

in the Department a National Domestic Preparedness Consortium 

that—

(1) includes as members—

(A) the Center for Domestic Preparedness; 

(B) the New Mexico Institute of Mining and Technology; 

(C) Louisiana State University; 

(D) the Texas A&M University System; and 

(E) the Nevada Test Site of the Department of Energy. 

(2) identifies, develops, tests, and delivers training to State, 

local, and tribal emergency response providers; 

(3) provides onsite and mobile training at the performance 

and management and planning levels; and 

(4) facilitates the delivery of awareness level training by the 

training partners of the Department. 

(i) NATIONAL EXERCISE SIMULATION CENTER.—There is in the Department a National Exercise Simulation Center that uses a mix of 

live, virtual, and constructive simulations to—

(1) prepare elected officials, emergency managers, emergency 

response providers, and emergency support providers at all levels of Government to operate cohesively; 

(2) provide a learning environment for the homeland security 

personnel of all Federal departments and agencies; 

(3) assist in the development of operational procedures and 

exercises, particularly those based on catastrophic incidents; 

and 

(4) allow incident commanders to exercise decisionmaking in 

a simulated environment. 

SEC. 523. ESSENTIAL CAPABILITIES. 

(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.—

(1) IN GENERAL.—Building upon the National Preparedness 

Goal, the Secretary, acting through the Assistant Secretary for 

Grants and Planning, shall regularly update, revise, or replace 

essential capabilities for State, local, and tribal government 

emergency preparedness, in consultation with the following: 

(A) The National Advisory Council on Emergency Management under section 509. 

(B) Components of the Department, including the Under 

Secretary for Science and Technology, the Chief Intelligence 

Officer, the Director for Operations Coordination, the Assistant Secretary for Policy, the Assistant Secretary for 

Transportation Security, the Assistant Secretary for Infrastructure Protection, the Assistant Secretary for 

Cybersecurity and Telecommunications, the Commissioner 

of United States Customs and Border Protection, and the 

Commandant of the Coast Guard. 

(C) The Secretary of Health and Human Services. 

(D) Other appropriate Federal departments and agencies. 

(E) State, local, and tribal emergency response providers. 

(F) State, local, and tribal emergency support providers. 

(G) State, local, and tribal prevention and emergency 

management officials, including Adjutants General. 


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(H) Consensus-based standardmaking organizations responsible for setting standards relevant to emergency managers, emergency response providers, and emergency support providers. 

(2) DEADLINES.—The Secretary shall update, revise, or replace the essential capabilities under paragraph (1) not later 

than 30 days after receiving the report submitted by the National Advisory Council on Emergency Management under section 509(d). 

(3) REPORT ON PROVISION OF ESSENTIAL CAPABILITIES.—The 

Secretary shall ensure that a report containing a detailed description of the essential capabilities is provided promptly to 

State and tribal governments and to Congress. The States shall 

make the description of the essential capabilities available as 

appropriate to local governments within their jurisdictions. 

(b) OBJECTIVES.—The Secretary shall ensure that essential capabilities meet the following objectives: 

(1) Essential capabilities shall describe specifically the planning, personnel, equipment, training, and exercises that State, 

local, or tribal governments should possess or have access to for 

purposes of the Department’s goals for emergency preparedness 

based on—

(A) the National Preparedness Goal and supporting directives, policies, and guidelines; 

(B) the most current risk assessment available from the 

Chief Intelligence Officer of the threats of terrorism against 

the United States; 

(C) the risks faced by different types of communities, including communities of various sizes, geographies, and 

other distinguishing characteristics; and 

(D) the principles of regional coordination and mutual 

aid among State, local, and tribal governments. 

(2) Essential capabilities shall be sufficiently flexible so as to 

allow State, local, and tribal government officials to establish 

priorities based on local or regional needs while reaching nationally determined emergency preparedness levels within a 

specified time period. 

(3) Essential capabilities shall be designed to enable the 

measurement of progress toward specific emergency preparedness goals. 

(c) FACTORS TO BE CONSIDERED.—

(1) IN GENERAL.—In updating, revising, or replacing essential 

capabilities for State, local, or tribal governments under subsection (a)(1), the Secretary specifically shall consider the variables of threat, vulnerability, and consequences with respect to 

population (including transient commuting and tourist populations), areas of high population density, critical infrastructure, coastline, and international borders. 

(2) BASIS FOR CONSIDERATION.—Such consideration shall be 

based upon the most current risk assessment available from the 

Chief Intelligence Officer and the Assistant Secretary for Infrastructure Protection of the threats of terrorism against the 

United States and the needs described in the National Preparedness Goal and the directives, policies, and guidelines supporting the National Preparedness Goal. 


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SEC. 524. CATASTROPHIC PLANNING. 

(a) CATASTROPHIC EMERGENCY PLANS REQUIRED.—The Secretary, 

acting through the Assistant Secretary for Grants and Planning 

and in consultation with the Assistant Secretary for Training and 

Exercises, shall require any State or urban area that submits an application to the Secretary for Federal homeland security financial 

assistance administered by the Department to maintain a catastrophic emergency plan to be implemented in the event of an act 

of terrorism, natural disaster, or other emergency. The Secretary 

shall require the State or urban area to update, implement, and exercise the catastrophic emergency plan as necessary. 

(b) REQUIREMENTS.—Each catastrophic emergency plan required 

under this section, with respect to a State or urban area, shall include—

(1) evacuation and sheltering in place procedures for the general population of the State or urban area; 

(2) the procedures in place to address the pre-positioning of 

food, medical and fuel supplies; 

(3) the evacuation and sheltering in place procedures for populations with special needs, including persons with disabilities, 

health problems, language barriers, and income barriers, the elderly, children, and individuals with pets, service animals, or 

farm animals; 

(4) sheltering options for displaced populations; 

(5) the augmentation of response resources; 

(6) regional planning, mutual aid agreements, and requests 

for assistance that can meet urgent needs; 

(7) the adequacy of delivery networks for critical services and 

supplies; 

(8) the degree to which the plan is mutually supportive 

among contiguous jurisdictions and States; 

(9) the use of all available and appropriate transportation 

modes and resources, including the identification of routes of 

egress and ingress, and destinations; 

(10) the changes in authorities or regulations which may be 

necessary for the plan to meet the demands of a catastrophic 

event; 

(11) contingency plans for the survivability, sustainability, 

and interoperability of emergency communications systems; 

(12) procedures for disseminating timely and accurate public 

alerts and warnings; 

(13) procedures and policies for the continuity of operations 

for government and other essential services; and 

(14) search and rescue procedures for populations with special needs, including persons with disabilities, health problems, 

language barriers, and income barriers, the elderly, children, 

and individuals with pets, service animals, or farm animals. 

(c) CONSISTENCY.—A catastrophic emergency plan required under 

this section shall be consistent with, and support the implementation of—

(1) any applicable State or urban area homeland security 

strategy or plan; and 

(2) the National Incident Management System, the National 

Response Plan, the National Preparedness Goal, the National 

Preparedness Guidance, the National Infrastructure Protection 


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Plan, and other such national initiatives as may be determined 

by the Secretary. 

(d) PEER REVIEW CERTIFICATION.—

(1) DEVELOPMENT OF REGIONAL PLANS.—Each Regional Director for Emergency Management under section 504, in coordination with the Assistant Secretary for Grants and Planning, 

shall develop a process of peer review for any catastrophic emergency plan submitted under subsection (a) by a State or urban 

area in the geographical area in which the Regional Office directed by that Regional Director for Emergency Management is 

located. 

(2) DEADLINE FOR SUBMISSION OF PLANS.—Not later than one 

year after the date of the enactment of the National Emergency 

Management Reform and Enhancement Act of 2006, each Regional Director for Emergency Management shall submit a plan 

to the National Advisory Council on Emergency Management 

describing the peer review process developed by the Regional Director for Emergency Management. The National Advisory 

Council on Emergency Management shall review and approve 

or disapprove each such plan. 

(e) REMEDIAL ACTION.—Not later than 90 days after completion of 

exercises under subsection (a), the Secretary, in consultation with 

the Assistant Secretary for Training and Exercises, shall develop a 

lessons learned and remedial action strategy for catastrophic planning. 

(f) CONSULTATION.—In developing the catastrophic emergency 

plan required under this section, a State or urban area shall consult 

with and seek appropriate comments from—

(1) local governments within the urban area or State; 

(2) a geographic and substantive cross section of emergency 

managers, emergency response providers, and emergency support providers within the urban area or State (including, in the 

case of a State, such providers from both urban and rural areas 

within the State); and 

(3) locally governed multijurisdictional councils of governments and regional planning commissions. 

SEC. 525. SYSTEM ASSESSMENT AND VALIDATION FOR EMERGENCY 

RESPONDERS PROGRAM. 

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the 

Under Secretary for Science and Technology, shall establish a System Assessment and Validation for Emergency Responders Program 

to provide high quality, impartial, and operationally relevant evaluations and validations of critical emergency response provider-related equipment and systems and provide such evaluations and 

validations to emergency response providers in an operationally useful form. 

(b) REQUIREMENTS.—The program established under subsection 

(a) shall—

(1) provide impartial, practitioner relevant, and operationally 

oriented assessments and validations of emergency response 

provider equipment and systems that have not previously thirdparty certified to a national voluntary census standard adopted 

by the Department, including—


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(A) commercial, off-the-shelf emergency response provider 

equipment and systems in all equipment list categories of 

the Standardized Equipment List published by the Interagency Board for Equipment Standardization and Interoperability; and 

(B) such other equipment or systems as the Secretary determines are appropriate; 

(2) provide information that enables decision-makers and 

emergency response providers to better select, procure, use, and 

maintain emergency response provider equipment or systems; 

(3) assess and validate the performance of products within a 

system and systems within systems; and 

(4) provide information and feedback to emergency response 

providers through a well-maintained, Internet-accessible database. 

(c) ASSESSMENT AND VALIDATION PROCESS.—The assessment and 

validation of emergency response provider equipment and systems 

shall utilize multiple evaluation techniques, including—

(1) operational assessments of equipment performance on vehicle platforms; 

(2) technical assessments on a comparative basis of system 

component performance across makes and models under controlled conditions; and 

(3) integrative assessments on an individual basis of system 

component interoperability and compatibility with other system 

components. 

(d) COORDINATION.—In assessing and validating personnel protective equipment under this section, the Secretary shall, to the extent 

practicable, coordinate with the Director of the National Institute 

for Occupational Safety and Health. 

SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, acting through the Assistant 

Secretary for Training and Exercises, shall establish a graduatelevel Homeland Security Education Program in the National Capital Region to provide educational opportunities to senior Federal officials and selected State and local officials with homeland security 

and emergency management responsibilities. 

(b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and effectiveness in carrying out the Program, the Secretary 

shall use existing Department-reviewed Master’s Degree curricula in 

homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, 

digital libraries, exercise systems and other curriculum components 

already being delivered by Federal, State, and private universities 

and educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management Institute. 

(c) STUDENT ENROLLMENT.—

(1) SOURCES.—The student body of the Program shall include 

officials from Federal, State, tribal, and local governments, and 

from other sources designated by the Under Secretary for Emergency Management. 

(2) ENROLLMENT PRIORITIES AND SELECTION CRITERIA.—The 

Under Secretary for Emergency Management shall establish 


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policies governing student enrollment priorities and selection 

criteria that are consistent with the mission of the Program. 

(3) DIVERSITY.—The Secretary shall take reasonable steps to 

ensure that the student body represents racial, gender, and ethnic diversity. 

(d) SERVICE COMMITMENT.—

(1) IN GENERAL.—Before any employee selected for the Program may be assigned to such education, the employee shall 

agree in writing to—

(A) continue in the service of the agency sponsoring the 

employee during the two-year period beginning on the date 

on which the employee completes the program, unless the 

employee is involuntarily separated from the service of that 

agency for reasons other than reduction in force; and 

(B) pay to the Government the amount of the additional 

expenses incurred by the Government in connection with 

the employee’s education if the employee is voluntarily separated from the service to the agency before the end of the 

period described in subparagraph (A). 

(2) PAYMENT OF EXPENSES.—

(A) EXEMPTION.—An employee who leaves the service of 

the sponsoring agency to enter into the service of another 

agency in any branch of the Government shall not be required to make a payment under paragraph (1)(B), unless 

the head of the agency that sponsored the education of the 

employee notifies the employee before the date on which the 

employee enters the service of the other agency that payment is be required under that paragraph. 

(B) AMOUNT OF PAYMENT.—If an employee is required to 

make a payment under paragraph (1)(B), the agency that 

sponsored the education of the employee shall determine the 

amount of the payment, except that such amount may not 

exceed the pro rata share of the expenses incurred for the 

time remaining in the two-year period. 

(3) RECOVERY OF PAYMENT.—If an employee who is required 

to make a payment under this subsection does not make the 

payment, a sum equal to the amount of the expenses incurred 

by the Government for the education of that employee is recoverable by the Government from the employee or his estate by—

(A) setoff against accrued pay, compensation, amount of 

retirement credit, or other amount due the employee from 

the Government; or 

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

SEC. 527. OFFICE OF PUBLIC AND COMMUNITY PREPAREDNESS. 

(a) IN GENERAL.—There is in the Directorate of Emergency Management an Office of Public and Community Preparedness. 

(b) DIRECTOR.—The Office shall be headed by a Director, who 

shall be appointed by the Secretary. The Director shall report directly to the Assistant Secretary for Grants and Planning. 

(c) COMPONENTS.—The Office of Public and Community Preparedness shall consist of the following: 

(1) The various component programs of the Citizen Corps, including Community Emergency Response Teams, Fire Corps, 


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Volunteers in Police Service, USA on Watch, and the Medical 

Reserve Corps. 

(2) The Internet website known as Ready.gov and the components of that website, including Ready Businesses, Ready Kids, 

and Listo. 

(3) Such other duties relating to community, public, and citizen preparedness as the Secretary may provide. 

(d) RESPONSIBILITIES.—The Director of the Office of Public and 

Community Preparedness, in coordination with and support of the 

Regional Directors of Emergency Management under section 504, 

shall have the primary responsibility within the Department for assisting the efforts of State, local, and tribal governments in preparing citizens and communities in the United States for acts of terrorism, natural disasters, and other emergencies, including primary 

responsibility for each of the following: 

(1) Coordinating and supporting public and community preparedness efforts at all levels of Government. 

(2) Serving as the principal advisor to the Secretary on public 

and community preparedness issues. 

(3) Developing guidance on citizen preparedness for grants to 

State, local, and tribal governments. 

(4) Providing, through the Regional Offices under section 504, 

State, local, and tribal Citizen Corps Councils with tools, information, and technical assistance to connect local and national 

citizen preparedness efforts. 

(5) Directing, managing, and implementing all programs associated with the entities under subsection (c). 

(6) Establishing specialized preparedness programs for atrisk communities under subsection (e). 

(7) Ensuring coordination with private sector entities, faithbased groups, other nongovernmental organizations, special 

needs groups, emergency managers, emergency response providers, emergency support providers, and international organizations, in order to promote citizen preparedness and participation. 

(8) Developing a comprehensive program of public service announcements for use on a national basis or, in consultation 

with State, local, or tribal governments, on a regional, State, or 

local basis. 

(9) Assisting in the implementation of national strategies for 

public and community preparedness, including the development 

of individual preparedness skills and capabilities, including assembling preparedness kits, developing emergency communications plans, training in basic fist aid, and learning how to react 

to a variety of emergencies. 

(e) AT-RISK COMMUNITIES.—In carrying out the responsibilities 

under this section, the Director shall consider the unique preparedness challenges faced by persons with disabilities, health problems, 

language barriers, and income barriers, the elderly, children, and 

individuals with pets, service animals, or farm animals. 

(f) NATIONAL CITIZEN CORPS COUNCIL.—

(1) IN GENERAL.—There is in the Directorate a National Citizen Corps Council. The Under Secretary for Emergency Management or a designee shall serve as chair of the Council. 


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(2) MEMBERSHIP.—The Council shall consist of national leaders of organizations and associations representing at risk communities described under subsection (e), emergency managers, 

emergency response providers, emergency support providers, 

community and volunteer service providers, government, and 

the private sector. 

(3) RESPONSIBILITIES.—The responsibilities of the Council are 

as follows: 

(A) To work together at the national level and encourage 

members of the Council at the State, local, and tribal level 

to collaborate in support of the Citizen Corps. 

(B) To identify opportunities for Federal, State, local, and 

tribal organizations to collaborate to accomplish the shared 

goals of the Citizen Corps programs. 

(C) To encourage the development and support of local 

Citizen Corps Councils and to advance the Citizen Corps 

mission across the country. 

(D) To exchange facts and information on programs to 

promote public awareness, training, safety, and volunteer 

service opportunities and on safety and preparedness messages to be conveyed to the public. 

(E) To develop and disseminate messages on safety and 

emergency preparedness that will be effective in engaging 

communities and individuals in the Citizen Corps. 

(F) To serve as the catalyst for engaging others within 

their areas of expertise to promote the Citizen Corps mission. 

(4) MEETINGS.—The Under Secretary for Emergency Management or a designee shall convene meetings of the National Citizen Corps Council at the discretion of the Under Secretary or 

at the direction of the Secretary. 

(g) COORDINATION.—The Director shall— (1) coordinate with other Federal entities, as appropriate, including the Departments of Health and Human Services, Justice, Commerce, and Education, the Environmental Protection 

Agency, and the Corporation for National and Community 

Service, to enhance public and community preparedness; 

(2) coordinate with State, local, and tribal governments; and 

(3) subject to the availability of appropriations, make grants 

and enter into contracts and cooperative agreements with other 

Federal agencies and nongovernmental organizations, as may 

be necessary and proper to carry out the responsibilities of the 

Director under this section. 

Subtitle C—Emergency Response 

SEC. 541. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL 

RESPONSE PLAN INTEGRATION CENTER. 

(a) IN GENERAL.—There is in the Directorate of Emergency Management a National Incident Management System and National Response Plan Integration Center (referred to in this section as the 

‘‘NIC’’). 

(b) DIRECTOR.—The NIC shall be headed by a Director, who shall 

be appointed by the Secretary. The Director shall report directly to 

the Deputy Under Secretary for Response and Recovery. 


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(c) RESPONSIBILITIES.—The Director, in consultation with the Assistant Secretary for Grants and Planning, the Assistant Secretary 

for Training and Exercises, the heads of other appropriate Federal 

departments and agencies, and the National Advisory Council on 

Emergency Management under section 509, shall establish a mechanism for ensuring ongoing management and maintenance of the National Incident Management System (NIMS), the National Response 

Plan (NRP), any other document or tool in support of Homeland Security Presidential Directive 5, or any other Homeland Security 

Presidential Directive related to incident management and response. 

The responsibilities of the Director shall include the following: 

(1) Revising, as appropriate, the NIMS and the NRP not later 

than 90 days after the enactment of this section with respect 

to— (A) clarifying the roles and responsibilities of the Principal Federal Official, the Federal Coordinating Officer, the 

Federal Resource Coordinator, and the Disaster Recovery 

Manager; 

(B) developing procedures for the timely activation of 

each such role; 

(C) establishing, in consultation with the Director for 

Public and Community Preparedness and the Director of 

the Corporation for National and Community Service, as 

part of the NRP an emergency support function with respect to volunteers and donations; 

(D) realigning the emergency support functions of the 

NRP so as to be consistent with the NIMS; 

(E) developing doctrine and procedures relating to the 

management of acts of terrorism, natural disasters, and 

other emergencies affecting multiple State; 

(F) improving the utilization of Federal, State, local, and 

tribal resources, including the deployment of emergency response providers, specialized equipment, and supplies; 

(G) finalizing and releasing the Catastrophic Incident 

Supplement to the NRP; 

(H) ensuring the effective use of emergency response providers at emergency scenes; 

(I) conforming the NRP and NIMS to the provisions of 

this Act; and 

(J) reviewing other matters pertaining to the NIMS and 

the NRP as the Secretary may require. 

(2) Developing a national program for NIMS and NRP education and awareness, including specific instruction on the purposes of the NIMS and the NRP and responsibilities of the NIC. 

(3) Promoting the compatibility between national voluntary 

consensus standards for the NIMS and the NRP and such 

standards developed by other public, private, or professional 

groups. 

(4) Facilitating the development and publication of materials 

and standardized templates to support the implementation and 

continuous refinement of the NIMS and the NRP. 

(5) Developing performance measures and assessment criteria 

for the various components of the NIMS and the NRP and compliance requirements and compliance timelines for implementation by Federal, State, local, and tribal entities. 


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(6) Establishing a peer review process for NIMS compliance 

certifications that verifies the satisfaction of training, planning, 

exercising, and other activities. 

(7) Defining, in consultation with the Assistant Secretary for 

Training and Exercises, the general training requirements and 

the national training standards and course curricula associated 

with the NIMS and the NRP. 

(8) Facilitating the development of national voluntary consensus standards, guidelines, and protocols for incident management training and exercises, including consideration of existing exercise and training programs at all levels of government. 

(9) Facilitating the establishment and maintenance of a publication management system for documents supporting the 

NIMS and the NRP and other related publications and materials related to the NIMS and the NRP, including the development or coordination of general publications. 

(10) Reviewing and certifying, in coordination with accrediting organizations and in consultation with Federal, State, 

local, tribal, private-sector, and nongovernmental entities, the 

discipline-specific publication management requirements submitted by professional organizations and associations. 

(11) Facilitating the development and publication of national 

voluntary consensus standards, guidelines, and protocols for the 

qualification and certification of emergency managers, emergency response providers, and emergency support providers, as 

appropriate. 

(12) Reviewing and approving, in coordination with appropriate national professional organizations and with input from 

Federal, State, local, tribal, private-sector, and other nongovernmental entities, the discipline-specific qualification and 

certification requirements submitted by organizations and associations representing emergency managers, emergency response 

providers, and emergency support providers. 

(13) Facilitating the establishment and maintenance of a documentation and database system related to qualification, certification, and credentialing of emergency managers, emergency 

response providers, and emergency support providers and nongovernmental organizations, including reviewing and approving, in coordination with appropriate national professional organizations and with input from the Federal, State, local, tribal, private-sector and nongovernmental entities, of the discipline-specific requirements. 

(14) Establishing a data maintenance system to provide emergency managers with the detailed qualification, experience, and 

training information needed to credential personnel for prescribed national emergency management positions. 

(15) Coordinating minimum professional certification standards and facilitation of the design and implementation of a 

credentialing system that can be used nationwide. 

(16) Facilitating the development and issuance of national 

standards for the typing of resources. 

(17) Facilitating the definition and maintenance of the information framework required to guide the development of NIMS 


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information systems, including the development of data standards for—

(A) incident notification and situation reports; 

(B) status reporting; 

(C) analytical data; 

(D) geospatial information; 

(E) wireless communications; 

(F) identification and authentication; and 

(G) incident reports, including lessons learned reports. 

(18) Performing such other duties relating to such responsibilities as the Secretary may require. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $25,000,000, for each of fiscal years 2007 through 2010. 

SEC. 542. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE. 

To the maximum extent practicable, the Secretary, acting through 

the Under Secretary for Emergency Management, shall use national 

private sector networks and infrastructure for emergency response to 

acts of terrorism, natural disasters, and other emergencies. 

SEC. 543. NUCLEAR INCIDENT RESPONSE. 

(a) NUCLEAR INCIDENT RESPONSE TEAM.—In connection with actual or threatened acts of terrorism, natural disasters, or other 

emergencies in the United States—

(1) the Nuclear Incident Response Team shall operate as an 

organizational unit of the Department; and 

(2) while so operating, the Secretary shall have direction, authority, and control of the Nuclear Incident Response Team. 

(b) RESPONSIBILITIES.—In addition to the authority under subsection (a), the Secretary, acting through the Under Secretary for 

Emergency Management, shall at all times carry out the following 

responsibilities: 

(1) Establishing standards for performance of the Nuclear Incident Response Team and, when such standards have been 

met, certifying that they have been met. 

(2) Conducting joint and other exercises and training and 

evaluating performance. 

(3) Providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland 

security planning, exercises and training, and equipment. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to limit the responsibility of the Secretary of Energy and 

the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities 

that participate in the Nuclear Incident Response Team, or (subject 

this section) from exercising direction, authority, and control over 

such entities when they are not operating as a unit of the Department. 

(d) DEFINITION.—In this section, the term ‘‘Nuclear Incident Response Team’’ means a resource that includes—

(1) those entities of the Department of Energy that perform 

nuclear or radiological emergency support functions (including 

accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical 


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assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance 

functions, and related functions; and 

(2) those entities of the Environmental Protection Agency that 

perform such support functions (including radiological emergency response functions) and related functions. 

SEC. 544. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. 

(a) NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.—

There is in the Directorate of Emergency Management an emergency 

response system known as the National Urban Search and Rescue 

Response System that provides a national network of standardized 

search and rescue resources to assist State, local, and tribal governments in responding to acts of terrorism, natural disasters, and 

other emergencies. 

(b) ADMINISTRATION OF THE SYSTEM.—

(1) TASK FORCE PARTICIPATION.—The Under Secretary for 

Emergency Management shall select eligible urban search and 

rescue teams that are sponsored by State and local government 

entities to participate as task forces in the System. The Under 

Secretary shall determine the criteria for such participation. 

(2) AGREEMENTS WITH SPONSORING AGENCIES.—The Under 

Secretary shall enter into an agreement with the State or local 

government entity that sponsors each search and rescue team 

selected under paragraph (1) with respect the team’s participation as a task force in the System. 

(3) URBAN SEARCH AND RESCUE TEAM PERSONNEL.—Personnel 

of an urban search and rescue team that participates as a task 

force under this section may be—

(A) personnel of the State or local government sponsor; or 

(B) personnel of any other Federal, State, or local government entity that enters into a participation agency agreement with the State or local government sponsor of the 

team. 

(4) MANAGEMENT AND TECHNICAL TEAMS.—The Under Secretary shall maintain such management and other technical 

teams as are necessary to administer the System. 

(c) ADVISORY COMMITTEE.—

(1) IN GENERAL.—The Under Secretary shall establish and 

maintain an advisory committee to provide expert recommendations to the Under Secretary with respect to administering the 

System. 

(2) COMPOSITION.—The advisory committee shall be geographically diverse, and shall include, at a minimum—

(A) the chief officer or senior executive from each of at 

least three State or local governments that sponsor urban 

search and rescue teams selected to participate in the System as task forces; 

(B) the senior emergency manager from each of at least 

two States in which such local governments are located; 

and 

(C) at least one representative selected by the leaders of 

the task forces. 

(3) TERMINATION.—The advisory committee shall terminate 

on the date that is two years after the date of the enactment of 


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the National Emergency Management Reform and Enhancement Act of 2006. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section—

(1) $40,000,000 for each of fiscal years 2007 through 2009; 

and 

(2) such sums as may be necessary for each fiscal year after 

fiscal year 2009. 

SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

(a) IN GENERAL.—There is in the Department a Metropolitan 

Medical Response System. Under the System, the Assistant Secretary for Grants and Planning shall administer grants to develop, 

maintain, and enhance medical preparedness systems that are capable of responding effectively during the initial hours of a public 

health crisis or mass-casualty event caused by an act of terrorism, 

natural disaster, or other emergency. 

(b) USE OF FUNDS.—The Metropolitan Medical Response System 

shall make grants to local governments to enhance any of the following activities: 

(1) Medical surge capacity. 

(2) Mass prophylaxis. 

(3) Chemical, biological, radiological, nuclear, and explosive 

detection, response, and decontamination capabilities. 

(4) Emergency communications capabilities. 

(5) Information sharing and collaboration capabilities. 

(6) Regional collaboration. 

(7) Triage and pre-hospital treatment. 

(8) Medical supply management and distribution. 

(9) Fatality management. 

(10) Such other activities as the Secretary may provide. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section 

$60,000,000 for each of fiscal years 2007 through 2010. 

SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION. 

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management, may make grants for the purposes of administering the Emergency Management Assistance Compact consented to by Public Law 104–321. 

(b) USES.—A grant under this section shall be used—

(1) to carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the 

Emergency Management Assistance Compact; 

(2) to coordinate with the Department and other Federal Government agencies; 

(3) to coordinate with State and local government entities and 

their respective national associations; or 

(4) to administer the operations of the Emergency Management Assistance Compact. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section $4,000,000 

for each fiscal year. Amounts appropriated under this section shall 

remain available for 3 fiscal years. 


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Subtitle D—Emergency Communications 

SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS. 

(a) IN GENERAL.—There is in the Department an Office of Emergency Communications, which shall be under the authority of the 

Under Secretary for Emergency Management. 

(b) ASSISTANT SECRETARY.—The head of the office shall be the Assistant Secretary for Emergency Communications. 

(c) RESPONSIBILITIES.—The Assistant Secretary for Emergency 

Communications shall—

(1) assist the Secretary in developing and implementing the 

program described in section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), 

except as provided in section 5 of the National Emergency Management Reform and Enhancement Act of 2006; 

(2) administer the Department’s responsibilities and authorities relating to the SAFECOM Program; 

(3) administer the Department’s responsibilities and authorities relating to the Integrated Wireless Network program; 

(4) coordinate, as appropriate, with the Assistant Secretary 

for Cybersecurity and Telecommunications, regarding the administration of the National Communications System; 

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

safety agencies; 

(6) provide technical assistance to State, regional, local, and 

tribal officials with respect to use of interoperable emergency 

communications capabilities; 

(7) facilitate the creation of Regional Emergency Communications Coordination Working Groups under section 565; 

(8) promote the development of standard operating procedures 

with respect to use of interoperable emergency communications 

capabilities for incident response and facilitate the sharing of 

information on best practices (including from governments 

abroad) for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; 

(9) coordinate the establishment of a national response capability with initial and ongoing planning, implementation, and 

training for the deployment of backup communications services 

in the event of a catastrophic loss of local and regional emergency communications services; 

(10) assist the President, the National Security Council, the 

Homeland Security Council, the Director of the Office of Science 

and Technology Policy, and the Director of the Office of Management and Budget in ensuring the operability of the telecommunications functions and responsibilities of the Federal 

Government; 

(11) establish requirements for total and nonproprietary interoperable emergency communications capabilities for all public 

safety radio and data communications systems and equipment; 

(12) help to establish an integrated national public alert and 

warning system that incorporates legacy systems; and 


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(13) review, in consultation with Assistant Secretary for 

Grants and Planning, all interoperable emergency communications plans of Federal, State, local, and tribal governments, including Statewide and tactical interoperability plans. 

(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.— There is transferred to the Secretary the authority to administer, 

through the Assistant Secretary for Emergency Communications, the 

following: 

(1) The SAFECOM Program. 

(2) The responsibilities of the Chief Information Officer related to the implementation of the Integrated Wireless Network. 

(3) The Interoperable Communications Technical Assistance 

Program. 

(e) COORDINATION.—The Assistant Secretary shall coordinate, as 

appropriate, with the Director of the Office for Interoperability and 

Compatibility the responsibilities described in section 104 of the National Emergency Management Reform and Enhancement Act of 

2006. 

(f) SUFFICIENCY OF RESOURCES PLAN.— (1) REPORT.—Not later than days 60 days after the enactment 

of this section, the Secretary shall submit to Congress a report 

on the resources and staff necessary to carry out the responsibilities under this subtitle. 

(2) COMPTROLLER GENERAL REVIEW.—The Comptroller General shall review the validity of the report submitted by the Secretary under paragraph (1). Not later than 30 days after the 

date on which such report is submitted, the Comptroller General shall submit to Congress a report containing the findings 

of such review. 

SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY. 

(a) IN GENERAL.—The Secretary, acting through the Assistant 

Secretary for Emergency Communications, shall, not later than one 

year after the completion of the baseline assessment under section 

563, and in cooperation with State, local, and tribal governments, 

Federal departments and agencies, emergency response providers, 

emergency support responders, and the private sector, develop a National Emergency Communications Strategy to achieve interoperable 

emergency communications. 

(b) CONTENTS.—The national strategy shall— (1) include a national interoperable emergency communication inventory that—

(A) identifies for each Federal department and agency—

(i) the channels and frequencies used; 

(ii) the nomenclature used to refer to each channel or 

frequency used; and 

(iii) the types of communications system and equipment used; 

(B) identifies the interoperable emergency communication 

systems in use for public safety systems in the United 

States; and 

(C) provides a listing of public safety mutual aid channels in operation and their ability to connect to an interoperable communications system; 

(2) include, in consultation with the National Institute of 

Standards and Technology, a process for expediting national 


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voluntary consensus-based emergency communications equipment standards for the purchase and use by public safety agencies of interoperable emergency communications equipment and 

technologies; 

(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and 

tribal governments to operate at all threat levels; 

(4) address both short-term and long-term solutions to achieving Federal, State, local, and tribal interoperable emergency 

communications systems, including provision of existing and 

emerging technologies that facilitate operability, interoperability, coordination, and integration among existing emergency 

communications systems; 

(5) identify how Federal Government departments and agencies that respond to acts of terrorism, natural disasters, and 

other emergencies can work effectively with State, local, and 

tribal governments, in all States, and such other entities as are 

necessary to implement the strategy; 

(6) include measures to identify and overcome all obstacles to 

achieving interoperable emergency communications; and 

(7) set goals and establish timeframes for the achievement of 

an emergency, command-level communication system based on 

existing equipment across the United States and develop a timetable for a nationwide interoperable emergency communications 

system. 

SEC. 563. ASSESSMENTS AND REPORTS. 

(a) BASELINE OPERABILITY AND INTEROPERABILITY ASSESS- MENT.—Not later than one year after the date of the enactment of 

this section and not less than every 5 years thereafter, the Secretary, 

acting through the Assistant Secretary for Emergency Communications, shall conduct an assessment of Federal, State, local, and tribal governments, to— (1) define the range of operable and interoperable emergency 

communications capabilities needed for specific events; 

(2) assess the current capabilities to meet such communications needs; and 

(3) identify the gap between such current capabilities and defined requirements. 

(b) PROGRESS REPORTS.—Not later than one year after the date 

of enactment of this section and annually thereafter, the Secretary, 

acting through the Assistant Secretary for Emergency Communications, shall submit to Congress a report on the progress of the Department in implementing and achieving the goals of this subtitle, 

including—

(1) a description of the findings of the most recent baseline 

assessment conducted under subsection (a); 

(2) a determination of the degree to which interoperable emergency communications has been achieved to date and ascertain 

the needs that remain for interoperability to be achieved; 

(3) an assessment of the ability of communities to provide and 

maintain interoperable emergency communications among 

emergency managers, emergency response providers, emergency 

support providers, and government officials in the event of acts 

of terrorism, natural disasters, or other emergencies, including 

Incidents of National Significance declared by the Secretary 


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under the National Response Plan, and where there is substantial damage to ordinary communications infrastructure or sustained loss of electricity; 

(4) a list of best practices among communities for providing 

and maintaining interoperable emergency communications in 

the event of acts of terrorism, natural disasters, or other emergencies; and 

(5) an evaluation of the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of acts of terrorism, 

natural disasters, or other emergencies. 

SEC. 564. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT PROGRAMS. 

(a) ASSESSMENT OF GRANTS AND STANDARDS PROGRAMS.—The 

Secretary, acting through Assistant Secretary for Emergency Communications, shall assess Federal grants and standards programs 

managed by other Federal departments and agencies to— (1) integrate and coordinate Federal grant guidelines for the 

use of Federal homeland security assistance relating to interoperable emergency communications; 

(2) assess and make recommendations to ensure that such 

guidelines are consistent with the mission of the Office of Emergency Communications; and 

(3) assess and make recommendations to ensure conformity 

with the goals and objectives identified in the National Emergency Communications Strategy. 

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

Secretary for Grants and Planning, and in consultation with 

the Assistant Secretary for Emergency Communications, may 

prohibit any State, local, or tribal government from using Federal homeland security assistance administered by the Department to achieve, maintain, or enhance interoperable emergency 

communications capabilities, if—

(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications 

Plans as required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

194(f)); and 

(B) as of the date that is three years after the date of the 

enactment of this section, national voluntary consensus 

standards for interoperable emergency communications capabilities have not been developed and promulgated. 

(2) STANDARDS.—The Secretary, in coordination with other 

Federal departments and agencies with responsibility for standards shall develop, promulgate, and revise national voluntary 

consensus standards on interoperable emergency communications within 4 years after the date of the enactment of this section, if the requirements of paragraph (1)(B) have not been satisfied. 

(c) TRANSFER OF FUNCTIONS.—Not later than 60 days after the 

date of the enactment of this subsection, the President shall transfer 

to the Assistant Secretary for Emergency Communications the funcVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00148 Fmt 6659 Sfmt 6603 E:\HR\OC\HR712P1.XXX HR712P1

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tions authorized by section 3006 of the Deficit Reduction Act of 2006 

(Public Law 109–71; 120 Stat. 24), including the authority to borrow under 3006(b) of that Act. 

SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION. 

(a) IN GENERAL.—There is in each Regional Office under section 

504 a Regional Emergency Communications Coordination Working 

Group (in this section referred to as an ‘‘RECC Working Group’’). 

(b) SUBJECT MATTER EXPERTS.—The RECC Working Group shall 

consist of the following: 

(1) NON-FEDERAL.—Organizations representing the interests 

of the following: 

(A) State officials. 

(B) Local officials. 

(C) State police departments. 

(D) Local police departments. 

(E) Local fire departments. 

(F) Public safety answering points (9–1–1 services). 

(G) Communications equipment vendors (including 

broadband data service providers). 

(H) Hospitals. 

(I) Public utility services. 

(J) Local exchange carriers. 

(K) Local broadcast media. 

(L) Wireless carriers. 

(M) Satellite communications services. 

(N) Emergency evacuation transit services. 

(O) Ambulance services. 

(P) HAM and amateur radio operators. 

(Q) State emergency managers, homeland security directors, or representatives of State Administrative Agencies. 

(R) Local emergency managers or homeland security directors. 

(S) Other emergency response providers or emergency 

support providers as deemed appropriate. 

(2) FEDERAL.—Representatives from the Department and 

other Federal departments and agencies with responsibility for 

coordinating interoperable emergency communications with or 

providing emergency support services to State, local, and tribal 

governments. 

(c) DUTIES.—The duties of each RECC Working Group shall include—

(1) assessing the survivability, sustainability, and interoperability of local emergency communications systems to meet the 

goals of the National Emergency Communications Strategy; 

(2) reporting annually to the Assistant Secretary for Emergency Communications on the status of its region in building a 

robust and sustainable interoperable voice and data emergency 

communications network and on the progress of the region in 

meeting the goals of the National Emergency Communications 

Strategy under section 562 when such Strategy in complete; 

(3) coordinating the establishment of an effective multijurisdictional, multi-agency emergency communications network for 

use during acts of terrorism, natural disasters, and other emergencies through the expanded use of emergency management 

and public safety communications mutual aid agreements; and 


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(4) coordinating the establishment of Federal, State, local, 

and tribal support services and networks designed to address 

the immediate and critical human needs in responding to acts 

of terrorism, natural disasters, and other emergencies. 

SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER. 

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

‘‘Center’’). 

(b) OPERATION.—

(1) IN GENERAL.—The Secretary, the Chairman of the Federal 

Communication Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of 

other Federal departments and agencies or their designees shall 

jointly operate the Center in accordance with the Memorandum 

of Understanding entitled, ‘‘Emergency Communications Preparedness Center (ECPC) Charter’’. 

(2) CHAIR.—The Secretary shall be the Chair of the Center. 

(c) FUNCTIONS.—The Center shall—

(1) serve as the focal point for interagency efforts to address 

operable and interoperable communications; 

(2) serve as a clearinghouse with respect to all relevant information regarding intergovernmental efforts to achieve nationwide interoperable emergency communications capabilities; 

(3) ensure cooperation among the relevant Federal Government departments and agencies to improve effectiveness in the 

communication and implementation of the goals of the National 

Emergency Communications Strategy, including specifically by 

working to avoid duplication, hindrances, and counteractive efforts among the participating Federal departments and agencies; 

(4) prepare and submit to Congress, on an annual basis, a 

strategic assessment regarding the efforts of Federal departments and agencies to implement the National Emergency Communications Strategy; and 

(5) perform such other functions as the President may assign. 

(d) REPORT.—Not later than 180 days after the date of the enactment of this section, the President shall transmit to the Congress a 

report regarding the implementation of this section, including a description of the staffing and resource needs of the Center. 

SEC. 567. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES. 

(a) IN GENERAL.—The Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary 

of Defense, and with appropriate State, local, and tribal government 

officials, shall provide technical guidance, training, and other assistance, as appropriate, to support the rapid establishment of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other 

areas determined by the Secretary to be at consistently high levels 

of risk from terrorist attack. 

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viders, emergency support providers, the private sector, and other 

organizations with emergency response capabilities— (1) to communicate with each other in the event of an emergency; 

(2) to have appropriate and timely access to the Information 

Sharing Environment described in section 1016 of the National 

Security Intelligence Reform Act of 2004 (6 U.S.C. 321); and 

(3) to be consistent with any applicable State or Urban Area 

homeland strategy or plan. 

SEC. 568. INTEGRATED NATIONAL ALERT AND WARNING SYSTEM. 

(a) IN GENERAL.—The Secretary, acting through the Assistant 

Secretary for Emergency Communications, and in coordination with 

the head of any Federal department or agency that possesses or acquires alert and warning capabilities, including the Departments of 

Commerce and Defense and the Federal Communications Commission, shall develop, manage, operate, and coordinate an integrated 

national public alert and warning system that incorporates legacy 

systems. 

(b) REQUIREMENTS.—Such system shall— (1) be operational within 3 years of the date of enactment of 

this section; 

(2) ensure effective collaboration with State, local, and tribal 

governments; 

(3) complement and provide interoperability with State, local, 

and tribal public alert and warning systems; 

(4) ensure the interoperability of commercially available 

equipment for radio and data communications systems; 

(5) carry alert and warning messages for acts of terrorism, 

natural disasters, and other emergencies; 

(6) conduct regular internal training and exercises on generating and disseminating public alert and warning messages; 

(7) support public education and outreach to increase community awareness of the integrated national alert and warning 

system; 

(8) incorporate, to the maximum extent possible, technologies 

and systems that warn and support the unique needs faced by 

persons with disabilities or language barriers; 

(9) develop public–private partnerships to— (A) leverage government and industry needs, capabilities, 

and resources necessary to delivery effective disaster warnings; 

(B) facilitate the development, promulgation, and regular 

updating of national voluntary consensus standards for 

public alert and warning technologies; 

(C) identify, in consultation with the Assistant Secretary 

for Infrastructure Protection and the Assistant Secretary for 

Cybersecurity and Telecommunications, critical infrastructure and key resources necessary to provide accurate, survivable, and sustainable public alerts and warnings; 

(D) incorporate private sector threat information sharing 

into Federal, State, and local alert and warning systems; 

and 

(E) ensure continuity of operations plans are in place to 

minimize the disruption to communications infrastructure 

used for the dissemination of public alerts and warnings; 


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(10) promulgate standard operating procedures and protocols 

for the integrated national public alert and warning system; 

and 

(11) identify and incorporate existing, new, and emerging 

technologies, including the utilization of both satellite and 

ground based alert and warning distribution networks to provide redundant, timely, and accurate public alerts and warnings. 

(c) IMPLEMENTATION PLAN.—The Secretary, acting through the 

Assistant Secretary for Emergency Communications, shall develop 

an implementation plan for this section within 180 days after the 

enactment of this section. 

Subtitle E—Emergency Logistics 

SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM. 

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the Regional Directors, shall establish a Prepositioned Equipment Program to preposition standardized emergency equipment in selected 

geographic areas to sustain and replenish critical assets used by 

State, local, or tribal governments in response to, or rendered inoperable by the effects of, acts of terrorism, natural disasters, or other 

emergencies. 

(b) FORCE PACKAGES.—As part of the Program, the Secretary 

shall establish a number of force packages. Each force package 

shall—

(1) contain preposition-standardized equipment and frequently used off-the-shelf items; 

(2) be strategically located and maintained at logistics centers 

in no less than 11 regions and, to the extent practicable, co-located with the push packages of the Strategic National Stockpile; 

(3) be rapidly deployable to any major population area within 

at least 12 hours; and 

(4) be easily transportable by air, land, or water. 

(c) TYPES OF EQUIPMENT INCLUDED.—Each force package shall 

include—

(1) personal protective equipment; 

(2) detection equipment; 

(3) decontamination equipment; 

(4) search and rescue equipment; 

(5) medical equipment and supplies; 

(6) communications equipment; 

(7) mobile shelters; 

(8) mobile medical facilities; and 

(9) any additional devices, tools, supplies, and material most 

likely needed by initial on-scene emergency response providers. 

(d) SUPPORT TEAMS.—Each force package shall be staffed by 

qualified and trained personnel who reside in the region. Such personnel shall—

(1) be available to respond to emergencies when necessary; 

(2) provide life-cycle management and maintenance of equipment; and 


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(3) perform associated logistics, including equipment maintenance and calibration. 

(e) PROCEDURES FOR DEPLOYMENT OF FORCE PACKAGES.—The 

Secretary, acting through the Under Secretary, shall deploy force 

packages to State, local, and tribal officials when— (1) a State or local government entity, through the Governor 

of the State, or a tribal government entity, makes a request for 

the transfer deployment of a force package; and 

(2) the Under Secretary approves such request. 

(f) COORDINATION.—In carrying out the Prepositioned Equipment 

Program under this section, the Secretary shall coordinate with the 

Secretaries of Defense and Health and Human Services and with 

the heads of such other Federal departments and agencies as the 

Secretary determines are appropriate. 

SEC. 582. NATIONAL ASSET INVENTORY PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, acting through the Under 

Secretary for Emergency Management and in coordination with the 

heads of other appropriate Federal departments and agencies, shall 

establish a National Asset Inventory Program for the purpose of 

managing and deploying Federal capabilities in response to acts of 

terrorism, natural disasters, and other emergencies. 

(b) INVENTORY.—In accordance with the requirements of section 

611(h)(1)(C) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)(1)(C)), the National Asset 

Inventory Program shall develop and maintain an inventory of Federal response capabilities and corresponding assets and resources. 

Such inventory shall include— (1) the performance parameters of each capability; 

(2) the timeframe within which each capability can be available for deployment to an incident; 

(3) the readiness of each capability to respond to domestic incidents; and 

(4) the availability of such capability. 

(c) MILITARY CAPABILITIES.—The Secretary of Defense shall provide to the Secretary a description of the functions and capabilities 

of any entity of the Department of Defense that may be used to provide support to civil authorities in responding to acts of terrorism, 

natural disasters, or other emergencies. 

(d) DATABASE.—The Secretary, acting through the Under Secretary for Emergency Management, shall establish an inventory 

database to allow—

(1) real-time exchange of information regarding capabilities, 

assets, and resources, readiness, or the compatibility of equipment; 

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

(3) the sharing of inventories across jurisdictions. 

(e) FORCE PACKAGES.—The Secretary, acting though the Under 

Secretary for Emergency Management, shall certify on an annual 

basis that Federal departments and agencies with primary or supporting agency responsibilities under an emergency support function 

of the National Response Plan have developed and maintained force 

packages of rapidly deployable Federal capabilities. 

(f) LOGISTICS SUPPORT CENTERS.—The Secretary, acting through 

the Under Secretary and in coordination with other Federal departVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00153 Fmt 6659 Sfmt 6603 E:\HR\OC\HR712P1.XXX HR712P1

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ments and agencies and State, local, and tribal governments, shall 

identify physical locations in selected geographic areas that could be 

used as logistics support centers for receiving, staging, and integrating Federal capabilities in the event of acts of terrorism, natural 

disasters, and other emergencies. 

(g) COORDINATION.—In carrying out the activities of the program 

under this section, the Under Secretary shall consult with the Administrator of the Emergency Management Assistance Compact to 

ensure effective coordination of efforts in responding to requests for 

assistance. 

SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING 

RELATED TO MAJOR DISASTERS AND EMERGENCY ASSISTANCE ACTIVITIES. 

(a) ESTABLISHMENT OF DATABASE.—The Secretary, acting through 

the Under Secretary for Emergency Management and in coordination with the Regional Directors under section 504, shall establish 

and maintain a database that contains information about small 

business entities for purposes of Federal contracting related to assistance activities conducted in response to and recovery from acts 

of terrorism, natural disasters, and other emergencies. 

(b) INCLUDED INFORMATION.—The database under subsection (a) 

shall include the following information about each small business 

entity included in the database: 

(1) The name of the small business entity. 

(2) The location of the small business entity. 

(3) The area served by the small business entity. 

(4) The type of good or service provided by the small business 

entity. 

(5) Whether the small business entity is—

(A) a small business entity owned and controlled by socially and economically disadvantaged individuals; 

(B) a small business entity owned and controlled by 

women; or 

(C) a small business entity owned and controlled by service-disabled veterans. 

(c) SOURCE OF INFORMATION.—

(1) SUBMISSION.—The database may only contain such information about a small business entity as is submitted by the 

small business entity. 

(2) ATTESTATION.—Each small business entity submitting information to the database shall submit—

(A) an attestation that the information submitted is true; 

and 

(B) documentation supporting such attestation. 

(3) VERIFICATION.—The Secretary shall verify only that the 

documentation submitted by each small business entity supports the information submitted by that small business entity. 

(d) AVAILABILITY OF DATABASE.—The Secretary shall make the 

database generally available on the Internet website of the Department. 

(e) CONSULTATION OF DATABASE.—Before awarding a Federal 

contract for a disaster-related activity, a component of the Department shall consult the database established under this section. 


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(f) DATABASE INTEGRATION.—The Secretary shall integrate the 

database established under this section into any other procurementrelated database maintained by the Secretary. 

(g) DEFINITIONS.—For purposes of this section, the terms ‘‘small 

business entity’’, ‘‘small business entity owned and controlled by socially and economically disadvantaged individuals’’, ‘‘small business entity owned and controlled by women’’, and ‘‘small business 

entity owned and controlled by service-disabled veterans’’ shall have 

the meanings given the terms ‘‘small business concern’’, ‘‘small business concern owned and controlled by socially and economically disadvantaged individuals’’, ‘‘small business concern owned and controlled by women’’, and ‘‘small business concern owned and controlled by service-disabled veterans’’ respectively under the Small 

Business Act (15 U.S.C. 631 et seq.). 

SEC. 584. FRAUD PREVENTION TRAINING PROGRAM. 

(a) TRAINING PROGRAM REQUIRED.—The Secretary, acting 

through the Under Secretary for Emergency Management, shall develop and implement a program to provide training on the prevention of waste, fraud, and abuse of Federal assistance funds and 

services during the response to or recovery from acts of terrorism, 

natural disasters, or other emergencies and ways to identify such 

potential waste, fraud, and abuse. 

(b) INDIVIDUALS ELIGIBLE FOR TRAINING.—Under the training 

program required under subsection (a), the Secretary may provide 

training to—

(1) employees, contractors, and volunteers of the Federal Government; 

(2) employees and volunteers of any State, local, or tribal government entity; and 

(3) employees and volunteers of nonprofit organizations that 

assist in the administration of Federal assistance funds and 

services provided in response to acts of terrorism, natural disasters, or other national emergencies. 

(c) INFORMATION SHARING.—Any State, local, or tribal government entity or nonprofit entity that provides Federal assistance 

funds or services to individuals affected by acts of terrorism, natural disasters, or other emergencies may share information with the 

Federal Government, in a manner consistent with Federal Privacy 

Act protections, about any recipient of such assistance, at the request of the head of a Federal department or agency, for the purpose 

of preventing fraud and abuse of Federal assistance. 

SEC. 585. PRE-NEGOTIATED CONTRACTS FOR DELIVERY OF GOODS 

AND SERVICES AFTER EMERGENCIES. 

(a) IN GENERAL.—The Undersecretary for Emergency Management, in accordance with the process for coordinated, pre-negotiated 

contracts established pursuant to section 504(e)(7)(E), shall have, 

and may delegate to any Regional Director for Emergency Management, the authority to enter into contracts for the delivery of necessary goods or services relating to the response to or recovery from 

acts of terrorism, natural disasters, or other emergencies affecting 

the geographical area served by the Regional Office of that Regional 

Director. 

(b) NECESSARY GOODS AND SERVICES.—The necessary goods and 

services referred to in subsection (a) include the following: 


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(1) Debris removal and other disaster clean-up needs. 

(2) The provision of food, water, ice, and first aid supplies. 

(3) Meals-ready-to-eat. 

(4) The provision of such other goods and services as determined appropriate by the each Regional Director in coordination with the applicable Regional Advisory Council on Emergency Management. 

(c) PREFERENCE FOR CONTRACTS WITH SMALL BUSINESSES.—To 

the greatest extent practicable, in entering into a contract under 

subsection (a), the Under Secretary, or the relevant delegated Regional Director for Emergency Management, shall give a preference 

to a small business entity, as that term is defined in section 583. 

(d) COMPETITIVE PROCEDURES.—In entering into a contract under 

this section, the Under Secretary, or the relevant delegated Regional 

Director for Emergency Management, shall use competitive procedures, to the maximum extent practicable, except as otherwise provided by law. 

(e) CONSULTATION WITH OTHER FEDERAL DEPARTMENTS AND

AGENCIES.—The Under Secretary, or the relevant delegated Regional Director for Emergency Management, shall consult with the 

head of a Federal department or agency with respect to any contract 

entered into by the head of such department or agency using funds 

made available for preparedness, mitigation, response, and recovery 

with respect to acts of terrorism, natural disasters, and other emergencies. 

(f) RELATIONSHIP TO FEDERAL ASSISTANCE.—In the case of a contract that has been negotiated by the relevant Regional Director for 

Emergency Management acting under authority delegated by the 

Under Secretary, the existence of a contract entered into under this 

section shall not prevent a State, local, or tribal government from 

receiving or using Federal assistance for the provision of necessary 

goods and services relating to response or recovery. 

Subtitle F—Infrastructure Protection and 

Cybersecurity 

SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION. 

(a) IN GENERAL.—There is in the Department an Office of Infrastructure Protection under the authority of the Under Secretary for 

Emergency Management. 

(b) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—

The head of the Office shall be the Assistant Secretary for Infrastructure Protection. The Assistant Secretary shall report directly to 

the Under Secretary for Emergency Management. 

(c) RESPONSIBILITIES OF THE ASSISTANT SECRETARY.—The Assistant Secretary shall carry out the responsibilities of the Department 

regarding infrastructure protection. Such responsibilities shall include the following: 

(1) To identify and carry out comprehensive risk assessments 

of key resources and critical infrastructure of the United States, 

to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the 

probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). 


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(2) To develop and maintain a comprehensive national plan 

for securing the key resources and critical infrastructure of the 

United States, in accordance with Homeland Security Presidential Directive 7. 

(3) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other Federal Departments and agencies and in 

consultation with State, local, and tribal government agencies 

and authorities, and the private sector. 

(4) To assess the preparedness capabilities of critical infrastructure to mitigate against, respond to, and recover from acts 

of terrorism and other catastrophic emergencies, including natural disasters. 

(5) To coordinate and implement, as appropriate, preparedness efforts to ensure that critical infrastructure and key resources efforts are fully integrated and coordinated with the response and recovery activities of the Department. 

(6) To establish and maintain partnerships and information 

sharing processes with Federal, State, local, and tribal governments, the private sector, and international governments and 

organizations to enhance coordination of critical infrastructure 

and key resource efforts. 

(7) To coordinate with the Under Secretary for Intelligence 

and Analysis and elements of the intelligence community and 

with Federal, State, local, and tribal law enforcement agencies, 

and the private sector, as appropriate. 

(8) To provide the Secretary with an annual summary of national critical infrastructure protection efforts and priorities 

and to provide, in consultation with the Assistant Secretary for 

Grants and Planning, recommendations for Federal critical infrastructure protection funding. 

(9) In carrying out responsibilities under paragraphs (1) and 

(2), to consult with other Federal, State, local, and tribal government agencies and authorities as appropriate. 

(10) To perform other such duties relating to such responsibilities as the Secretary may provide. 

(d) INTEGRATION CENTER.— (1) IN GENERAL.—There is an Integration Center in the Office 

of Infrastructure Protection, which shall be staffed by the Office 

of Infrastructure Protection, the Office of Cybersecurity and 

Telecommunications, and the Office of Intelligence and Analysis. 

(2) RESPONSIBILITIES.—The Integration Center shall—

(A) be responsible for the integration of relevant threat, 

consequence, and vulnerability information, analysis, and 

assessments (whether such information, analysis, or assessments are provided or produced by the Department or others) in order to identify priorities for protective and support 

measures by the Department, other Federal departments 

and agencies, State, local, and tribal government agencies 

and authorities, the private sector, and other entities; and 

(B) develop and disseminate analytical products that 

combine homeland security information with critical infrastructure and key resource vulnerability and consequence 

information. 


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(3) CRITICAL INFRASTRUCTURE INFORMATION.—The Secretary 

shall ensure that the Department makes full and efficient use 

of open-source information to analyze United States critical infrastructure from the perspective of terrorists using publicly 

available information. 

(e) STAFF.— (1) IN GENERAL.—The Secretary shall ensure that the Office 

has staff that possess appropriate expertise and experience to 

assist the Assistant Secretary in discharging responsibilities 

under this section. 

(2) PRIVATE SECTOR STAFF.—Staff under this subsection may 

include individuals from the private sector. 

(3) SECURITY CLEARANCES.—Staff under this subsection shall 

possess security clearances appropriate for their work under 

this section. 

(f) DETAIL OF PERSONNEL.— (1) IN GENERAL.—In order to assist the Office in discharging 

responsibilities under this section, personnel of other Federal 

departments and agencies may be detailed to the Department 

for the performance of analytic functions and related duties. 

(2) COOPERATIVE AGREEMENTS.—The Secretary and the head 

of the Federal department or agency concerned may enter into 

cooperative agreements for the purpose of detailing personnel 

under this subsection. 

(3) BASIS.—The detail of personnel under this subsection may 

be on a reimbursable or non-reimbursable basis. 

(g) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual Homeland Security Appropriations 

Act relating to the reprogramming or transfer of funds. 

SEC. 592. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS. 

(a) IN GENERAL.—There is in the Department an Office of 

Cybersecurity and Telecommunications under the authority of the 

Under Secretary for Emergency Management. 

(b) ASSISTANT SECRETARY FOR CYBERSECURITY AND TELE- COMMUNICATIONS.—The head of the Office shall be the Assistant 

Secretary for Cybersecurity and Telecommunications. The Assistant 

Secretary shall report directly to the Under Secretary for Emergency 

Management. 

(c) RESPONSIBILITIES OF ASSISTANT SECRETARY.—The Assistant 

Secretary shall carry out the responsibilities of the Department regarding cybersecurity and telecommunications. Such responsibilities shall include the following: 

(1) To establish and manage—

(A) a national cybersecurity response system that includes 

the ability to—

(i) analyze the effect of cybersecurity threat information on national critical infrastructure identified under 

Homeland Security Presidential Directive 7; and 

(ii) aid in the detection and warning of potential 

vulnerability or attack that could cause widespread 

disruption, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; 

(B) a national cybersecurity threat and vulnerability reduction program that facilitates and coordinates with busiVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00158 Fmt 6659 Sfmt 6603 E:\HR\OC\HR712P1.XXX HR712P1

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nesses and organizations to conduct risk assessments on information technology and deal with vulnerabilities that 

would have a national effect on critical infrastructure and 

that coordinates the mitigation of such vulnerabilities; 

(C) a continuity of operations program to plan and allocate resources for the continuation of critical information 

operations in the event of a large scale disruption of the information infrastructure and to coordinate a response; 

(D) a reconstitution program to ensure that priorities, 

procedures, and resources are in place to reconstitute information infrastructures in the government and private sector that are critical to the orderly functioning of the economy, health of the population, and national security; 

(E) a resiliency program that will support basic and fundamental research to improve the reliability of network protocols as well as provide for reasonable security controls 

and that will work with the private sector to improve the 

security of key network protocols and develop more secure, 

reliable successors; 

(F) a national public-private cybersecurity awareness, 

training, and education program that promotes Internet security awareness among all enduser groups, including the 

education community, students, businesses, and government entities, and helps coordinate cybersecurity awareness 

initiatives; 

(G) a Government cybersecurity program to coordinate 

and consult with Federal, State, and local governments to 

enhance their cybersecurity programs; and 

(H) a national security and international cybersecurity 

cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. 

(2) To coordinate and to leverage existing efforts within the 

private sector on the program under paragraph (1) as appropriate and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. 

(3) To coordinate with other directorates and offices within 

the Department and with other Federal agencies, as appropriate, on the cybersecurity aspects of their missions. 

(4) To carry out, in coordination with the Assistant Secretary 

for Emergency Communications, as appropriate, the duties of 

the National Communications System. 

(5) To coordinate with the Under Secretary to ensure that the 

National Response Plan developed includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. 

(6) To develop processes for information sharing with the private sector, consistent with section 214, that—

(A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and 


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(B) consider roles of Federal, State, local, and foreign 

governments, appropriate standards bodies, and the private 

sector, including the insurance industry and auditors. 

(7) To coordinate with the Chief Information Officer of the 

Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. 

(8) To consult with the Electronic Crimes Task Force of the 

United States Secret Service on private sector outreach and information activities. 

(9) To consult with the Office for Training and Exercises to 

ensure that realistic cybersecurity scenarios are incorporated 

into training exercises, including tabletop and recovery exercises. 

(10) To consult and coordinate with the Assistant Secretary 

for Infrastructure Protection, the Under Secretary for Science 

and Technology, and, where appropriate, with other relevant 

Federal departments and agencies, on the security of digital 

control systems, such as Supervisory Control and Data Acquisition systems. 

(11) To consult and coordinate with the Under Secretary for 

Science and Technology on cybersecurity research and development requirements. 

(d) ANNUAL REPORT.—The Secretary shall submit to Congress an 

annual report on the programs under this section and the specific 

funding requirements of each priority and objective of the Secretary 

with respect to such programs. For each priority or objective the 

Secretary shall describe how the private sector is involved in each 

such program. 

(e) DEADLINE FOR NOMINATION.—Not later than 90 days after the 

date of the enactment of this section, the President shall nominate 

an individual to serve as the Assistant Secretary for Cybersecurity 

and Telecommunications. 

(f) STAFF.—

(1) IN GENERAL.—The Secretary shall provide the Office with 

staff having appropriate expertise and experience to assist the 

Assistant Secretary in discharging responsibilities under this 

section. 

(2) SECURITY CLEARANCES.—Staff under this subsection shall 

possess security clearances appropriate for their work under 

this section. 

(g) DETAIL OF PERSONNEL.—

(1) IN GENERAL.—In order to assist the Office in discharging 

responsibilities under this section, personnel of other Federal 

departments and agencies may be detailed to the Department 

for the performance of analytic functions and related duties. 

(2) COOPERATIVE AGREEMENTS.—The Secretary and the head 

of the Federal department or agency concerned may enter into 

cooperative agreements for the purpose of detailing personnel 

under this subsection. 

(3) BASIS.—The detail of personnel under this subsection may 

be on a reimbursable or non-reimbursable basis. 

(h) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any apVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00160 Fmt 6659 Sfmt 6603 E:\HR\OC\HR712P1.XXX HR712P1

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plicable provision of an annual Homeland Security Appropriations 

Act relating to the reprogramming or transfer of funds. 

* * * * * * * 

TITLE VII—MANAGEMENT 

* * * * * * * 

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

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Emergency Management, shall ensure that—

(1) all programs within the Directorate administering Federal 

assistance develop and maintain proper internal management 

controls to prevent and detect fraud, waste, and abuse; 

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

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

(4) the databases used to collect information from applications for such assistance must be integrated with the disbursements and payment records. 

(b) AUDITS AND REVIEWS REQUIRED.—The Secretary shall ensure 

that any existing database or similar application processing system 

in effect on the date of the enactment of this section for Federal assistance programs administered by the Department undergo a review by the Inspector General of the Department to determine the 

existence and implementation of such internal controls required 

under this section, before such database application may be used to 

determine eligibility and disbursement of Federal assistance. 

(c) CERTIFICATION REQUIRED.—The Secretary, acting through the 

Under Secretary for Emergency Management, shall certify to the 

Congress on an annual basis that proper internal controls required 

under this section are in place and operational before a database or 

similar application processing system may be utilized for the purpose of the dispensing of Federal assistance. 

(d) REPORT TO CONGRESS.—Recommendations or findings that remain unresolved between program administrators and the Inspector 

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

* * * * * * * 


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TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

øSubtitle A—Coordination with NonFederal Entities 

øSEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION. 

ø(a) ESTABLISHMENT.—There is established within the Office of 

the Secretary the Office for State and Local Government Coordination, to oversee and coordinate departmental programs for and relationships with State and local governments. 

ø(b) RESPONSIBILITIES.—The Office established under subsection 

(a) shall—

ø(1) coordinate the activities of the Department relating to 

State and local government; 

ø(2) assess, and advocate for, the resources needed by State 

and local government to implement the national strategy for 

combating terrorism; 

ø(3) provide State and local government with regular information, research, and technical support to assist local efforts 

at securing the homeland; and 

ø(4) develop a process for receiving meaningful input from 

State and local government to assist the development of the 

national strategy for combating terrorism and other homeland 

security activities.¿ 

Subtitle B—Inspector General 

* * * * * * * 

SEC. 813. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY. 

(a) ESTABLISHMENT.—There is established the position of Deputy 

Inspector General for Response and Recovery within the Office of the 

Inspector General of the Department. 

(b) APPOINTMENT.—The Deputy Inspector General shall be appointed—

(1) by the Inspector General of the Department; and 

(2) solely on the basis of integrity and demonstrated ability 

in accounting, auditing, financial analysis, law, management 

analysis, public administration, or investigations. 

(c) REPORTING AND STATUS AS SES POSITION.—The Deputy Inspector General shall—

(1) report to, and be under the direct authority and supervision of, the Inspector General; and 

(2) serve as a career member of the Senior Executive Service. 

(d) DUTIES.—


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(1) AUDITS AND INVESTIGATIONS.—The Deputy Inspector General shall, in coordination with Inspectors General of other departments, as appropriate, conduct, supervise, and coordinate 

audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available 

for response to and recovery from an act of terrorism, natural 

disaster, or other emergency by the Federal Government, and of 

the programs, operations, and contracts carried out utilizing 

such funds, including—

(A) the oversight and accounting of the obligation and expenditure of such funds; 

(B) the monitoring and review of reconstruction activities 

funded by such funds; 

(C) the monitoring and review of contracts by such funds; 

(D) the monitoring and review of the transfer of such 

funds and associated information between and among departments, agencies, and entities of the United States, and 

private nongovernmental entities; and 

(E) the maintenance of records on the use of such funds 

to facilitate future audits and investigations of such funds. 

(2) FRAUD TIP LINE.—The Deputy Inspector General shall ensure that not more than 48 hours after a terrorist attack, natural disaster, or other national emergency, the Office of the Inspector General institutes and publicizes a Fraud Tip Line to 

facilitate the collection of allegations of waste, fraud, and abuse 

of Federal assistance funds. 

(3) AVOIDANCE OF DUPLICATION.—The Deputy Inspector General shall ensure, to the greatest extent possible, that the activities of the Deputy Inspector General do not duplicate audits and 

investigations of Inspectors General and other auditors of Federal departments and agencies, and State and local government 

entities. 

(4) COORDINATION WITH FBI.—The Deputy Inspector General 

shall ensure that investigative activities under this section are 

coordinated with the Federal Bureau of Investigation. 

(e) FINANCIAL MANAGEMENT MATTERS.—In order to assist the 

Deputy Inspector General for the purposes of carrying out this section, all agencies receiving or distributing Federal funds to respond 

to acts of terrorism, natural disasters, or other emergencies shall establish and maintain budgetary procedures to distinguish funds related to response and relief efforts from other agency funds. 

(f) FUNDING.—There is authorized to be appropriated for operations of the Office of the Deputy Inspector General $11,000,000 for 

each fiscal year. 

* * * * * * * 

Subtitle F—Federal Emergency 

Procurement Flexibility 

* * * * * * * 

SEC. 856a. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE. 

(a) RECIPIENTS OF FEDERAL ASSISTANCE.—


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(1) IN GENERAL.—Each State, local, tribal, and nonprofit entity that receives Federal assistance funds in response to acts of 

terrorism, natural disasters, or other emergencies shall report to 

the pertinent Federal agency six months after the initial disbursement of resources regarding the expenditure of such funds. 

(2) CONTENTS.—The report shall include a description of— (A) the projects or programs that received Federal assistance; 

(B) the entity administering the program or project; and 

(C) the dates and amounts disbursed, allocated, and expended. 

(3) MINIMIZING REPORTING BURDEN.—The Under Secretary 

for Emergency Management shall determine whether the requirement to report under this section is duplicative of or can 

be combined with other reporting requirements and, if so, the 

Under Secretary shall combine such requirements and eliminate such duplication. 

(b) FEDERAL ASSISTANCE DISBURSING AGENCIES.— (1) IN GENERAL.—Each Federal agency that disburses Federal 

assistance funds in response to an act of terrorism, a natural 

disaster, or another emergency shall submit to the Inspector 

General of the Department, acting in the Inspector General’s 

role as chairman of the President’s Council on Integrity and Efficiency Homeland Security Roundtable, a report on the expenditure of such funds. 

(2) CONTENTS.—Each report required under paragraph (1) 

shall include—

(A) names and addresses of recipient agencies; 

(B) the purpose for which resources were provided; 

(C) the amounts disbursed, allocated, and expended; and 

(D) the status of reporting by agencies that received disbursements (as set forth under subparagraph (A). 

(3) DEADLINE.—Each report submitted under paragraph (1) 

shall be submitted not later than one year after the date of the 

enactment of the appropriations Act that makes available the 

Federal assistance funds covered by the report, and on a recurrent basis every six months thereafter until such time as all 

such funds are expended or the Inspector General and such 

Council determine that such reports are no longer required. 

SEC. 856b. ENHANCED INFORMATION SHARING AMONG FEDERAL 

AGENCIES TO PREVENT FRAUD, WASTE, AND ABUSE. 

(a) CONFIRMATION OF IDENTITY AND ELIGIBILITY OF APPLICANTS.—Any Federal, State, local, or tribal agency that disburses 

Federal grants, loans, services, and other assistance in response to 

or for the recovery from acts of terrorism, natural disasters, or other 

emergencies, shall make reasonable efforts to confirm the identity 

and eligibility of the applicant for such assistance without placing 

undue burden on the applicant. 

(b) CONSENT TO ACCESS.—

(1) INCLUSION ON APPLICATION MATERIALS.—The Federal, 

State, local, or tribal agency may include provisions on application materials for grants, loans, services, and other assistance 

that would allow access to Internal Revenue Service information (IRS Form 8821 Tax Information Authorization) and other 

relevant Federal databases, to allow government agencies to 


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share information and enhance the accuracy and expedite the 

delivery of assistance to applicants. 

(2) CONSENT NOT REQUIRED.—Any applicant who declines to 

consent to the sharing of such information shall not be denied 

assistance or otherwise penalized for that reason. 

* * * * * * * 

Subtitle H—Miscellaneous Provisions 

* * * * * * * 

SEC. 875. MISCELLANEOUS AUTHORITIES. 

(a) * * * 

* * * * * * * 

(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.— (1) IN GENERAL.—Except with the written permission of the 

Secretary, no person may knowingly use, in connection with any 

advertisement, commercial activity, audiovisual production (including film or television production), impersonation, Internet 

domain name, Internet e-mail address, or Internet web site, 

merchandise, retail product, or solicitation in a manner reasonably calculated to convey the impression that the Department or 

any organizational element of the Department has approved, 

endorsed, or authorized such use, any of the following (or any 

colorable imitation thereof): 

(A) The words ‘‘Department of Homeland Security’’, the 

initials ‘‘DHS’’, the insignia or seal of the Department, or 

the title ‘‘Secretary of Homeland Security’’. (B) The name, initials, insignia, or seal of any organizational element (including any former such element) of the 

Department, or the title of any other officer or employee of 

the Department, notice of which has been published by the 

Secretary of Homeland Security in accordance with paragraph (3). 

(2) CIVIL ACTION.—Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act 

or practice that constitutes or will constitute conduct prohibited 

by subsection (d)(1), the Attorney General may initiate a civil 

proceeding in a district court of the United States to enjoin such 

act or practice. Such court shall proceed as soon as practicable 

to the hearing and determination of such action and may, at 

any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, 

to prevent injury to the United States or to any person or class 

of persons for whose protection the action is brought. 

(3) NOTICE AND PUBLICATION.—The notice and publication to 

which paragraph (1)(B) refers is a notice published in the Federal Register including the name, initials, seal, or class of titles 

protected under paragraph (1)(B) and a statement that they are 

protected under that provision. The Secretary may amend such 

notices from time to time as the Secretary determines appropriate in the public interest and shall publish such amendments in the Federal Register. 


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(4) AUDIOVISUAL PRODUCTION.—For the purpose of this subsection, the term ‘‘audiovisual production’’ means the production of a work that consists of a series of related images that 

are intrinsically intended to be shown by the use of machines 

or devices such as projectors, viewers, or electronic equipment, 

together with accompanying sounds, if any, regardless of the 

nature of the material objects, such as films or tapes, in which 

the work is embodied. 

* * * * * * * 

øSEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION. 

ø(a) ESTABLISHMENT.—

ø(1) IN GENERAL.—There is established within the Office of 

the Secretary the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region, as defined under section 2674(f)(2) of 

title 10, United States Code. 

ø(2) DIRECTOR.—The Office established under paragraph (1) 

shall be headed by a Director, who shall be appointed by the 

Secretary. 

ø(3) COOPERATION.—The Secretary shall cooperate with the 

Mayor of the District of Columbia, the Governors of Maryland 

and Virginia, and other State, local, and regional officers in the 

National Capital Region to integrate the District of Columbia, 

Maryland, and Virginia into the planning, coordination, and 

execution of the activities of the Federal Government for the 

enhancement of domestic preparedness against the consequences of terrorist attacks. 

ø(b) RESPONSIBILITIES.—The Office established under subsection 

(a)(1) shall—

ø(1) coordinate the activities of the Department relating to 

the National Capital Region, including cooperation with the Office for State and Local Government Coordination; 

ø(2) assess, and advocate for, the resources needed by State, 

local, and regional authorities in the National Capital Region 

to implement efforts to secure the homeland; 

ø(3) provide State, local, and regional authorities in the National Capital Region with regular information, research, and 

technical support to assist the efforts of State, local, and regional authorities in the National Capital Region in securing 

the homeland; 

ø(4) develop a process for receiving meaningful input from 

State, local, and regional authorities and the private sector in 

the National Capital Region to assist in the development of the 

homeland security plans and activities of the Federal Government; 

ø(5) coordinate with Federal agencies in the National Capital 

Region on terrorism preparedness, to ensure adequate planning, information sharing, training, and execution of the Federal role in domestic preparedness activities; 

ø(6) coordinate with Federal, State, local, and regional agencies, and the private sector in the National Capital Region on 

terrorism preparedness to ensure adequate planning, informaVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00166 Fmt 6659 Sfmt 6601 E:\HR\OC\HR712P1.XXX HR712P1

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tion sharing, training, and execution of domestic preparedness 

activities among these agencies and entities; and 

ø(7) serve as a liaison between the Federal Government and 

State, local, and regional authorities, and private sector entities in the National Capital Region to facilitate access to Federal grants and other programs. 

ø(c) ANNUAL REPORT.—The Office established under subsection 

(a) shall submit an annual report to Congress that includes— ø(1) the identification of the resources required to fully implement homeland security efforts in the National Capital Region; 

ø(2) an assessment of the progress made by the National 

Capital Region in implementing homeland security efforts; and 

ø(3) recommendations to Congress regarding the additional 

resources needed to fully implement homeland security efforts 

in the National Capital Region. 

ø(d) LIMITATION.—Nothing contained in this section shall be construed as limiting the power of State and local governments.¿ 

* * * * * * * 

PUBLIC HEALTH SERVICE ACT 

* * * * * * * 

TITLE XXVIII—NATIONAL PREPAREDNESS FOR BIOTERRORISM AND 

OTHER PUBLIC HEALTH EMERGENCIES 

* * * * * * * 

Subtitle B—Emergency Preparedness and 

Response 

* * * * * * * 

SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE 

TO BIOTERRORISM AND OTHER PUBLIC HEALTH EMERGENCIES. 

(a) * * * 

* * * * * * * 

(h) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of providing for the Assistant Secretary for Public Health Emergency 

Preparedness and the operations of the National Disaster Medical 

System, other than purposes for which amounts in the Public 

Health Emergency Fund under section 319 are available, there are 

authorized to be appropriated øsuch sums as may be necessary for 

each of the fiscal years 2002 through 2006.¿ $85,000,000 for each 

of the fiscal years 2007 through 2010. 

* * * * * * * 


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NATIONAL SECURITY ACT OF 1947 

TITLE I—COORDINATION FOR NATIONAL SECURITY 

* * * * * * * 

APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE- RELATED ACTIVITIES

SEC. 106. (a) * * * 

(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN THE

INTELLIGENCE COMMUNITY.—(1) * * * 

(2) Paragraph (1) applies to the following positions: 

(A) * * * 

* * * * * * * 

ø(I) The Assistant Secretary of Homeland Security for Information Analysis.¿ 

(I) The Under Secretary of Homeland Security for Intelligence 

and Analysis. 

* * * * * * * 

SECTION 7306 OF THE INTELLIGENCE REFORM AND 

TERRORISM PREVENTION ACT OF 2004 

SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Under section 201 of the Homeland Security Act of 2002 

(6 U.S.C 121), the Department of Homeland Security,through 

the øUnder Secretary for Information Analysis and Infrastructure Protection¿ Under Secretary for Intelligence and Analysis, has the responsibility— (A) * * * 

* * * * * * * 


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MINORITY VIEWS 

H.R. 5351, the National Emergency Management Reform and 

Enhancement Act reflects long-standing efforts by the Democrats 

on the House Homeland Security Committee to reorganize, refocus, 

and reform the Federal Emergency Management Agency (FEMA). 

In February of 2006, Democrats on the Committee released a report on FEMA reform and a legislative solution designed to address 

some of the fundamental problems affecting federal emergency 

management. (See ‘‘Redirecting FEMA Toward Success,’’ available 

at http://hsc-democrats.house.gov/HS/Investigations+and+Reports). 

This report found that in spite of the uniqueness of each national 

disaster, there are certain characteristics that mark every successful federal response throughout the history of FEMA. The report 

suggested the following structural changes to ensure the effectiveness of future responses: 

1. FEMA must be led by a director statutorily required to 

possess experience in emergency management; 

2. The FEMA director must report directly to the President 

during incidents of national significance; and 

3. FEMA must operate in accord with the emergency management cycle—requiring the re-unification of preparedness, 

response, recovery, and mitigation efforts. 

On March 1, 2006, Ranking Member Bennie G. Thompson, along 

with 12 original co-sponsors, introduced H.R. 4840, the ‘‘PREPARE 

Act,’’ to implement the recommendations from the report. We are 

pleased that these Democratic ideas now enjoy bipartisan support 

and are the foundation of H.R. 5351, the National Emergency Management Reform and Enhancement Act. 

With that said, the simple truth is that Congress, having created 

the Department of Homeland Security, should not now have to be 

faced with legislating additional changes because of poor internal 

reorganizations ordered by the Secretary of Homeland Security. 

This legislation is necessary because the Administration mishandled the process of integrating FEMA into the new Department. 

While many experts advocated for a Department of Homeland Security with a robust FEMA at its core, this vision never came to 

pass. FEMA (which was also known as the Emergency Preparedness & Response Directorate) was never given authority to manage 

the more than $3.5 billion in preparedness grants and training for 

emergency responders. 

The efforts to ensure effective emergency management capability 

were further undermined when, as part of his Second Stage Review 

(2SR), Secretary Chertoff split preparedness and response into separate directorates. Specifically, Secretary Chertoff abolished the 

EP&R Directorate, made FEMA a separate operational response 

and recovery unit reporting directly to the Secretary, and transferred FEMA’s remaining preparedness functions to a new DirecVerDate Aug 31 2005 07:37 Nov 15, 2006 Jkt 059011 PO 00000 Frm 00169 Fmt 6604 Sfmt 6604 E:\HR\OC\HR712P1.XXX HR712P1

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torate of Preparedness. Thus, FEMA was stripped of many of its 

remaining preparedness grant programs—and with that, the ability 

to maintain its once-strong relationships with state, local, and private sector emergency managers and responders. The result was 

that in the days after Hurricane Katrina struck, federal emergency 

managers were in the awkward position of exchanging business 

cards with their state and local counterparts. 

Time and again, Republican Administrations have used FEMA as 

a dumping ground for political cronies. The serial disregard for 

FEMA has given us Directors such as Wallace Stickney, Louis 

Giuffrida and Michael Brown. It was President Clinton who recognized both the importance of emergency management experience 

and the need for qualified leadership. 

We are pleased that the Majority has recognized and is willing 

to codify the common-sense requirement that FEMA’s leadership be 

selected based on what an individual knows, not who he or she 

knows. We are also pleased that the Majority has recognized that 

FEMA’s regional office structure needs to be re-energized and 

strengthened. Finally, we appreciate the Majority’s recognition of 

the importance of a well-funded, autonomous and all-hazards 

FEMA. 

In addition to the PREPARE Act, Democrats have long championed the need for a substantive federal interoperability plan. In 

2004, Ms. Lowey proposed the basis for what was included in the 

interoperability strategy component of the bill. Democrats have 

consistently pushed the Department to make interoperability a priority, and this legislation represents the first time the Majority has 

agreed to move forward on the Democratic proposal. 

We are also pleased that the bill includes an authorization of the 

Chief Medical Officer’s office, which will have primary responsibility within the Department for medical issues related to acts of 

terrorism, natural disasters, and other emergencies. This language 

in the bill closely mirrors legislation drafted by Mr. Langevin, H.R. 

4632, the ‘‘Chief Medical Officer Authorization Act.’’ H.R. 5351 also 

includes provisions throughout, which were put forth by Mr. 

Langevin that ensure that disabilities groups are involved in the 

emergency planning process. 

In order to enhance H.R. 5351, Democratic Members of the Committee offered numerous amendments which were accepted by the 

Majority prior to markup and which were incorporated into the 

Amendment in the Nature of a Substitute offered jointly by Chairman King and Ranking Member Thompson. These amendments 

greatly strengthened H.R. 5351 and are discussed below. 

Ranking Member Thompson offered language to give the Director 

of FEMA oversight authority for contracts to preposition necessary 

goods and services in case of an Incident of National Significance, 

and to ensure small business participation in these contracts. 

Mr. Pascrell and Ms. Sanchez offered amendments that resulted 

in the authorization of $360 million for the successful Emergency 

Management Performance Grant program. This grant program is 

critical to state and local emergency managers to plan for any type 

of disaster. While we believe that the authorization for this crucial—and effective—program should be even higher, we are very 

pleased with the Committee’s bipartisan support for this program. 


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Mr. Etheridge offered three amendments, two of which seek to 

mitigate the significant reporting and certification obligations that 

come with grants and other assistance that the Department provides. Specifically, these amendments require that the Department 

take steps to identify and eliminate duplicative reporting and certifications imposed upon state and local recipients of federal grants 

and assistance. It also requires that the Department determine 

whether some existing reports can be adapted to fulfill multiple reporting obligations. Mr. Etheridge’s third amendment addressed 

the eligibility of public elementary and secondary schools for federal homeland security grants. In the past, such schools have been 

wrongly denied homeland security grants because the Homeland 

Security Act of 2002 does not specifically state their eligibility. This 

amendment makes clear that such schools are—and always have 

been—eligible for homeland security grants. 

Ms. Sanchez offered an amendment which resulted in authorizing $40 million for Urban Search and Rescue teams, twice the 

current funding level, and an amendment requiring the Department to report to Congress on the efficacy of these and other grant 

programs. Another amendment offered by Ms. Sanchez will increase the focus of the Department’s infrastructure protection activities as they relate to natural disasters. While we agree that the 

Department must continue to concentrate on preventing, preparing 

for, and responding to acts of terrorism, it must also begin to take 

an all hazards approach with regard to critical infrastructure protection. As Hurricanes Katrina and Rita demonstrated, catastrophic natural disasters can severely impact the United States 

and our economy. We believe, however, that there is room for improvement both in the language of the bill and the Department 

itself. 

Mr. Markey, along, with Ms. Sanchez, offered an amendment which authorized $60 million for the Metropolitan Medical Response System (MMRS). The MMRS is comprised of local teams 

that develop or enhance existing emergency preparedness systems 

to effectively respond to a public health crisis, especially an event 

involving a weapon of mass destruction. 

The majority also agreed to incorporate an amendment offered by 

Ms. Harman which establishes a public-private sector planning and 

response pilot program to identify a network of critical resources in 

a region having significant risk of both terrorism and catastrophic 

disaster. Mr. DeFazio’s amendment, mandating a deadline by 

which the Department completes of the baseline study on interoperable communications system and networks nationwide, was 

also incorporated into the amendment in the nature of a substitute. 

We recognize that FEMA—and the federal government—needs to 

prepare for the next crisis, not just reacting to the last disaster. To 

this end, Ms. Lowey presented language requiring a National Pandemic Influenza Exercise Program. This exercise will simulate the 

response to a nation-wide outbreak of highly pathenogenic influenza in birds, and a response to a nation-wide outbreak of highly 

pathenogenic influenza in humans. Ms. Lowey also offered amendment language directing the Government Accountability Office provide Congress with a staffing and resources assessment for an effective office for emergency communications. 


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Ms. Lowey also introduced an amendment stating the sense of 

Congress that in carrying out the responsibilities and authorities 

of the Department relating to the SAFECOM Program, the Assistant Secretary of Homeland Security for Emergency Communications work with the National Institute of Standards and Technology to implementing Project 25 Compliance Assessment Program. 

Ms. Lofgren offered an amendment which will strengthen the office of the Assistant Secretary for Cyber-Security. Previously, this 

position had not been authorized. This bill authorizes the position, 

and defines the Assistant Secretary’s role and responsibilities. 

Ms. Jackson-Lee offered several provisions to the bill that were 

aimed at improving the Regional offices’ familiarity with the demographic population they serve, specifying the qualification requirements of the Chief Medical Officer and the Deputy Chief Medical 

Officer, and increasing the meeting requirements of the Advisory 

Council from every other year to twice-a-year. The Committee also 

adopted a provision suggested by Ms. Jackson-Lee that clarifies 

that private sector members of the Advisory Council include nongovernmental organizations, educational institutions, social action 

agencies, and faith-based organizations. In the interest of increasing transparency at the Department, the Committee incorporated 

language that calls for the Department to post on its website the 

report regarding the Independent Private Sector Inspectors General’s effectiveness in preventing waste, fraud, and abuse in contracts of goods and services regarding the September 11, 2001 terrorism attacks. Ms. Jackson-Lee language regarding the creation of 

a database of minority vendors and contractors was reflected in the 

provisions offered by Mr. Thompson. 

In order to ensure the independence and strengthened role of the 

FEMA Director/Undersecretary for Emergency Management, Mr. 

Meek offered an amendment which gives the FEMA Director/Undersecretary for Emergency Management a role in the selection of 

the Principal Federal Officer (PFO). Specifically, the agreed-to language provides that when a PFO is appointed, the Secretary of 

Homeland Security shall coordinate with the FEMA Director/Undersecretary for Emergency. Previously, under the National Response Plan, the PFO was selected by the Secretary. 

Ms. Christensen raised the question of whether the Bill addresses Territorial, as well as State, local, and tribal governments. The 

Committee Report reflects that bill does address Territorial governments, and the definition of ‘‘States’’ in the Homeland Security Act 

includes Territories of the United States. 

In addition to working with the Majority on the overall content 

of H.R. 5351, we are pleased that the Majority incorporated many 

additional ideas to improve this bill. 

None of the amendments discussed above were introduced separately in markup because they were integrated into the amendment in the nature of a substitute. 

A few proposals were not accepted. Mr. DeFazio offered an 

amendment that would have limited the number of political appointees within FEMA. As discussed above, FEMA has too often 

been the dumping ground for political cronies, and the Department 

as a whole is top-heavy with such appointees. 


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Ms. Lowey offered and withdrew an amendment which would have authorized $5 billion over the next five years for the purchase 

of interoperable communication equipment. The President’s FY 

2007 budget proposed to eliminate the COPS Interoperability 

Grant Program, the only grant program specifically dedicated to 

purchasing interoperable communications equipment. While experts say that the problem of interoperability could range anywhere from $15 billion to $100 billion nationwide, other Homeland 

Security Grant Programs that can be used to purchase this equipment have been severely cut by the Administration and Congress. 

We appreciate the spirit of cooperation that resulted in H.R. 

5351. This is a bill that will ensure a FEMA that is better prepared 

to respond to acts of terrorism, natural disasters and other emergencies. 

BENNIE G. THOMPSON, Ranking 

Member. 

BOB ETHERIDGE, Ranking 

Member. 

KENDRICK B. MEEK, Ranking 

Member. 

LORETTA SANCHEZ, Ranking 

Member. 

BILL PASCRELL, Ranking 

Member. 

JAMES R. LANGEVIN, Ranking 

Member. 

ED MARKEY, Member. 

JANE HARMAN, Member. 

NITA LOWEY, Member. 

DONNA M. CHRISTIANCHRISTENSEN, Member. 

PETER DEFAZIO, Member. 

SHEILA JACKSON-LEE, Member. 

Æ 


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