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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5351 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5351

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

   Mr. Reichert (for himself, Mr. Pascrell, Mr. McCaul of Texas, Mr. 
   Etheridge, Mr. King of New York, Mr. Thompson of Mississippi, Mr. 
  Shays, Ms. Loretta Sanchez of California, Mr. Daniel E. Lungren of 
 California, Ms. Harman, Mr. Simmons, Mrs. Christensen, Mr. Rogers of 
 Alabama, Mr. Langevin, Mr. Pearce, Ms. Ginny Brown-Waite of Florida, 
Mr. Butterfield, Mr. Rogers of Kentucky, Mr. Sweeney, Mr. McHenry, Miss 
McMorris, Mr. Fortenberry, Mr. Schwarz of Michigan, Mr. Carter, and Mr. 
 Meek of Florida) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
  the Committees on Homeland Security, and Energy and Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
                     TITLE I--EMERGENCY MANAGEMENT

Sec. 101. Directorate of Emergency Management.
Sec. 102. Gulf Coast Long-Term Recovery Office.
Sec. 103. National Disaster Medical System.
Sec. 104. Office of Interoperability and Compatibility.
Sec. 105. Intelligence analysts.
Sec. 106. Redesignation of Directorate for Information Analysis and 
                            Infrastructure Protection.
Sec. 107. National Academy of Public Administration study on 
                            implementation of organizational reforms.
Sec. 108. GAO reports on an inventory and status of homeland security 
                            training.
Sec. 109. Definitions.
Sec. 110. Conforming amendments.
              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

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

                     TITLE I--EMERGENCY MANAGEMENT

SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT.

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

                    ``TITLE V--EMERGENCY MANAGEMENT

           ``Subtitle A--Directorate of Emergency Management

``SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT.

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

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

    ``(a) Responsibilities.--Subject to the direction and control of 
the Secretary, the Under Secretary for Emergency Management shall have 
the primary responsibility within the executive branch of Government 
for preparing for, mitigating against, responding to, and recovering 
from acts of terrorism, natural disasters, and other emergencies. Such 
responsibilities shall include the following:
            ``(1) Serving as the Secretary's principal advisor on 
        emergency preparedness, mitigation, response, and recovery 
        issues.
            ``(2) Carrying out all functions and authorities prescribed 
        by the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            ``(3) Coordinating the Federal response to acts of 
        terrorism, natural disasters, or other emergencies, including 
        coordination of--
                    ``(A) the National Emergency Response Team;
                    ``(B) the deployment of the Strategic National 
                Stockpile;
                    ``(C) the National Disaster Medical System;
                    ``(D) the Nuclear Incident Response Team (when 
                operating as an organizational unit of the Department 
                pursuant to this title);
                    ``(E) the Metropolitan Medical Response System;
                    ``(F) the Urban Search and Rescue System;
                    ``(G) Federal Incident Response Support Teams;
                    ``(H) Management Support Teams; and
                    ``(I) the Mobile Emergency Response System.
            ``(4) Overseeing and directing all of the activities of the 
        Directorate.
            ``(5) Develop for each fiscal year, and submit directly to 
        the President, a prepared budget for the Directorate.
            ``(6) Coordinating emergency preparedness, mitigation, 
        response, and recovery activities throughout the Department.
            ``(7) Leading the development of an integrated national 
        emergency management system.
            ``(8) Coordinating preparedness, mitigation, response, and 
        recovery efforts at the Federal level.
            ``(9) Working with all State, local, tribal, and private 
        sector emergency response providers and emergency response 
        support providers on all matters pertaining to acts of 
        terrorism, natural disasters, and other emergencies, including 
        training, exercises, and lessons learned.
            ``(10) Implementing national strategies and policies in all 
        matters pertaining to emergency management and the protection 
        of critical infrastructure.
            ``(11) Establishing priorities for directing, funding, and 
        conducting national preparedness programs, activities, and 
        services for preventing, protecting against, mitigating 
        against, responding to, and recovering from acts of terrorism, 
        natural disasters, and other emergencies.
            ``(12) Coordinating communications and systems of 
        communications relating to homeland security by and between all 
        levels of government.
            ``(13) Directing and supervising homeland security 
        financial assistance awarded by the Department to State, local, 
        and tribal governments.
            ``(14) Serving as an advocate for emergency preparedness 
        across all government sectors, the private sector, and the 
        public.
            ``(15) Helping to ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        and local governments and emergency response providers.
            ``(16) Aiding the recovery from acts of terrorism, natural 
        disasters, and other emergencies.
            ``(17) Minimizing, to the extent practicable, overlapping 
        planning and reporting requirements applicable to State, local, 
        and tribal governments.
            ``(18) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(b) Functions Transferred.--
            ``(1) Transfer.--There are transferred to the Under 
        Secretary for Emergency Management--
                    ``(A) the functions, personnel, assets, and 
                liabilities of the Federal Emergency Management Agency; 
                and
                    ``(B) the functions, personnel, assets, and 
                liabilities of the Directorate of Preparedness.
            ``(2) Responsibilities.--The Under Secretary shall carry 
        out the responsibilities of the Director of the Federal 
        Emergency Management Agency and the responsibilities of the 
        Under Secretary for Preparedness.
    ``(c) Performance of Previously Transferred Functions.--The 
Secretary shall perform the functions of the following entities through 
the Under Secretary for Emergency Management:
            ``(1) The Integrated Hazard Information System (which the 
        Secretary shall rename `FIRESAT') of the National Oceanic and 
        Atmospheric Administration.
            ``(2) The National Domestic Preparedness Office of the 
        Federal Bureau of Investigation, including the functions of the 
        Attorney General relating thereto.
            ``(3) The Domestic Emergency Response Teams of the 
        Department of Justice, including the functions of the Attorney 
        General relating thereto.
            ``(4) The Office of Emergency Preparedness, the National 
        Disaster Medical System, and the Metropolitan Medical Response 
        System of the Department of Health and Human Services, 
        including the functions of the Secretary of Health and Human 
        Services and the Assistant Secretary for Public Health 
        Emergency Preparedness relating thereto.
            ``(5) The United States Fire Administration and the United 
        States Fire Academy.
    ``(d) Reprogramming.--The Secretary may not reprogram any funds 
allocated to the Directorate of Emergency Management without approval 
by the Congress.
    ``(e) Sufficiency of Resources.--The Secretary shall provide to the 
Under Secretary for Emergency Management the resources and staff 
necessary to carry out the responsibilities of the Directorate of 
Emergency Management under this section.

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

    ``(a) In General.--The Under Secretary for Emergency Management 
shall serve as the principal advisor to the President for all matters 
pertaining to emergency management in the United States.
    ``(b) Cabinet Status.--During the effective period of an Incident 
of National Significance declared by the Secretary under the National 
Response Plan, the Under Secretary for Emergency Management shall serve 
as a Cabinet Officer for the duration of such Incident of National 
Significance.
    ``(c) Retention of Authority.--Nothing in this section shall be 
construed as affecting the authority of the Secretary under this Act.

``SEC. 504. REGIONAL OFFICES.

    ``(a) In General.--In accordance with section 706, there is in the 
Directorate a Regional Office of Emergency Management for each region 
of the United States.
    ``(b) Management of Regional Offices.--
            ``(1) Regional director.--Each Regional Office shall be 
        headed by a Regional Director for Emergency Management, who 
        shall be appointed by the Secretary, in consultation with 
        State, local, and tribal governments in the region. Except as 
        provided in subsection (c)(3), each Regional Director for 
        Emergency Management shall report directly to the Under 
        Secretary for Emergency Management.
            ``(2) Deputy regional director.--There shall be in each 
        Regional Office a Deputy Regional Director for Emergency 
        Management, who shall be appointed by the Secretary, in 
        consultation with State, local, and tribal governments in the 
        region. The Deputy Regional Director for Emergency Management 
        for a Regional Office shall report directly to the Regional 
        Director for Emergency Management for that Regional Office.
            ``(3) Qualifications.--Each individual appointed as 
        Regional Director or Deputy Regional Director for Emergency 
        Management must possess a demonstrated ability in and knowledge 
        of emergency management and possess familiarity with the 
        geographical area served by the Regional Office.
    ``(c) Responsibilities.--
            ``(1) In general.--Subject to the direction and control of 
        the Secretary and in consultation with the Regional Advisory 
        Council on Emergency Management under subsection (e), each 
        Regional Director for Emergency Management shall work in 
        partnership with State, local, and tribal governments, 
        emergency managers, emergency response providers, emergency 
        response support providers, the private sector, non-
        governmental organizations, multi-jurisdictional councils of 
        governments, and regional planning commissions and 
        organizations in the geographical area served by the Regional 
        Office to carry out the responsibilities under this section.
            ``(2) Ordinary responsibilities.--The ordinary 
        responsibilities of each Regional Director are as follows:
                    ``(A) Ensuring coordination and integration of 
                regional preparedness, mitigation, response, and 
                recovery activities and programs, including planning, 
                training, exercises, and professional development.
                    ``(B) Participating in regional emergency 
                management activities.
                    ``(C) Identifying critical gaps in preparedness and 
                reporting such gaps to the Assistant Secretary for 
                Grants and Planning.
                    ``(D) Identifying critical gaps in critical 
                infrastructure and reporting such gaps to the Assistant 
                Secretary for Infrastructure Protection.
                    ``(E) Organizing, in consultation with the 
                Assistant Secretary for Training and Exercises, 
                regional training and exercise programs.
                    ``(F) Facilitating the dissemination and 
                implementation of lessons learned and best practices.
                    ``(G) Improving general information sharing and 
                other forms of coordination.
                    ``(H) Encouraging, in coordination with the 
                Director of the Office of Public and Community 
                Preparedness, public and community preparedness 
                efforts.
                    ``(I) Assisting in the development of regional 
                capabilities needed for a national catastrophic 
                response system.
                    ``(J) Monitoring, in coordination with the 
                Assistant Secretary for Grants and Planning, the use of 
                Federal homeland security assistance awarded by the 
                Department to State, local, and tribal governments.
                    ``(K) Pre-identifying Joint Field Office locations 
                in areas with large populations or in areas at high 
                risk to acts of terrorism, natural disasters, or other 
                emergencies.
                    ``(L) Fostering the development of mutual aid and 
                other cooperative agreements pertaining to emergency 
                management.
                    ``(M) Performing such other duties relating to such 
                responsibilities as the Secretary may require.
            ``(3) Incidents of national significance.--
                    ``(A) Appointment of regional director as principal 
                federal official or federal coordinating officer.--
                During the effective period of an Incident of National 
                Significance declared by the Secretary under the 
                National Response Plan, if the Regional Director is 
                appointed Principal Federal Official or Federal 
                Coordinating Officer, the Deputy Regional Director 
                shall assume the responsibilities of the Regional 
                Director during such incident.
                    ``(B) Responsibilities of principal federal 
                official.--In addition to the responsibilities of the 
                Principal Federal Official under the National Response 
                Plan, such Official shall, with respect to the Incident 
                of National Significance--
                            ``(i) establish and direct a Joint Field 
                        Office and any other coordination structure 
                        that is needed for such incident;
                            ``(ii) possess the authority to make any 
                        necessary operational decisions, in accordance 
                        with existing Federal law, without obtaining 
                        approval from the Secretary;
                            ``(iii) coordinate and direct, as 
                        appropriate, Federal response assets deployed 
                        within the operational area;
                            ``(iv) serve as the primary point of 
                        contact between the Department, the Department 
                        of Defense, and States for contingency 
                        planning; and
                            ``(v) act as the primary point of contact 
                        and situational awareness locally for the 
                        Secretary of Homeland Security.
    ``(d) Training and Exercise Requirements.--
            ``(1) Training.--The Secretary shall require each Regional 
        Director and Deputy Regional Director for Emergency Management 
        to complete Principal Federal Officer training not later than 
        60 days after the date on which the Regional Director or Deputy 
        Regional Director is appointed. In addition, the Secretary 
        shall require each Regional Director and Deputy Regional 
        Director to periodically, but not less than annually, undergo 
        specific training to complement the qualifications of the 
        Regional Director or Deputy Regional Director. Such training 
        shall include training with respect to the National Incident 
        Management System, the National Response Plan, and such other 
        subjects as determined by the Secretary.
            ``(2) Exercises.--The Secretary shall require each Regional 
        Director and Deputy Regional Director for Emergency Management 
        to regularly participate in regional or national exercises.
    ``(e) Regional Advisory Councils on Emergency Management.--
            ``(1) Establishment.--There is in each Regional Office a 
        Regional Advisory Council on Emergency Management. Each 
        Advisory Council shall report to the Regional Director of the 
        Regional Office.
            ``(2) Membership.--
                    ``(A) The Regional Director shall appoint the 
                following members to the Advisory Council of that 
                Regional Director's Regional Office--
                            ``(i) subject matter experts from across 
                        the Federal Government, including 
                        representatives from the Departments of 
                        Defense, Energy, Health and Human Services, and 
                        Transportation;
                            ``(ii) subject matter experts from 
                        components of the Directorate, including the 
                        Offices of Grants and Planning, Training and 
                        Exercises, Public and Community Preparedness, 
                        Infrastructure Protection, Response, and 
                        Recovery;
                            ``(iii) subject matter experts from other 
                        components of the Department, including the 
                        Coast Guard, United States Customs and Border 
                        Protection, Immigration and Customs 
                        Enforcement, the Transportation Security 
                        Administration, and the United States Secret 
                        Service;
                            ``(iv) subject matter experts representing 
                        emergency response providers and emergency 
                        response support providers; and
                            ``(v) subject matter experts from the 
                        private sector.
                    ``(B) State, local, and tribal governments within 
                the geographic area served by the Regional Office shall 
                appoint officials, including Adjutants General and 
                emergency managers, as members of the Advisory Council.
            ``(3) Terms of office.--
                    ``(A) In general.--The term of office of each 
                member of the Advisory Council shall be 3 years.
                    ``(B) Initial appointments.--Of the members 
                initially appointed to the Advisory Council--
                            ``(i) one third shall be appointed for a 
                        term of 1 year; and
                            ``(ii) one third shall be appointed for a 
                        term of 2 years.
            ``(4) Chair.--At the first meeting of the Advisory Council, 
        the members of the Advisory Council appointed under paragraph 
        (2) shall elect a chair of the Advisory Council.
            ``(5) Meetings.--The Advisory Council shall meet at least 
        biennially at the call of the chair. Each member shall be given 
        appropriate notice of the call of each meeting, whenever 
        possible not less than 15 days before the meeting.
            ``(6) Regional factors.--The size and composition of each 
        Advisory Council shall be determined by--
                    ``(A) the size of the region associated with the 
                Advisory Council;
                    ``(B) the propensity of that region to experience 
                natural disasters and other emergencies;
                    ``(C) the risk of acts of terrorism within the 
                region; and
                    ``(D) State, local, and tribal preparedness, as 
                measured against the National Preparedness Goal.
            ``(7) Responsibilities.--The Advisory Council shall carry 
        out the following responsibilities:
                    ``(A) Advise the Regional Director on emergency 
                management issues specific to that region.
                    ``(B) Identify any geographic, demographic, or 
                other characteristics peculiar to any State, local, or 
                tribal government within the region that might make 
                preparedness, mitigation, response, or recovery more 
                complicated or difficult.
                    ``(C) Advise the Regional Director on developing a 
                process of peer review for catastrophic emergency plans 
                submitted under section 524.
                    ``(D) Advise the Regional Director of any 
                weaknesses or deficiencies in preparedness, mitigation, 
                response, and recovery for any State, local, or tribal 
                government within the region of which the Advisory 
                Council is aware.
                    ``(E) Provide recommendations on other matters 
                pertaining to emergency management.
                    ``(F) Provide such advice as the Regional Director 
                requests.
    ``(f) Coordination.--Each Regional Director for Emergency 
Management shall coordinate all activities conducted under this section 
with other Federal departments and agencies, and shall not have 
authority over other agencies of the Department, including the Coast 
Guard, the United States Customs and Border Protection, Immigration and 
Customs Enforcement, the Transportation Security Administration, or the 
United States Secret Service.
    ``(g) Retention of Authorities.--
            ``(1) Federal coordinating officer.--Nothing in this 
        section shall be construed as affecting any authority of the 
        Federal Coordinating Officer under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et 
        seq.).
            ``(2) State, local, and tribal governments.--Nothing in 
        this section shall be construed as limiting the power of State, 
        local, and tribal governments.
    ``(h) Deadline and Use of Existing Offices.--
            ``(1) Deadline.--The Secretary shall establish the Regional 
        Offices required under this section not later than one year 
        after the date of the enactment of National Emergency 
        Management Reform and Enhancement Act of 2006.
            ``(2) Use of existing field offices.--In establishing the 
        Regional Offices required under this section, the Secretary 
        shall, to the extent practicable, co-locate and consolidate 
        field offices of the Department that are in existence as of the 
        date of the enactment of such Act and use the regional offices 
        of the Federal Emergency Management Agency that are in 
        existence as of that date as the foundation for the Regional 
        Offices required under this section.

``SEC. 505. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Chief Medical Officer shall 
report directly to the Under Secretary for Emergency Management.
    ``(b) Responsibilities.--The Chief Medical Officer shall have the 
primary responsibility within the Department for medical issues related 
to acts of terrorism, natural disasters, and other emergencies, 
including the following:
            ``(1) Serving as the Secretary's principal advisor on 
        medical and public health issues.
            ``(2) Coordinating the biosurveillance and detection 
        activities of the Department.
            ``(3) Ensuring that decision support tools link 
        biosurveillance and detection information to near real-time 
        response actions at the State, local, and tribal level.
            ``(4) Ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support.
            ``(5) Serving as the Department's primary point of contact 
        with the Departments of Agriculture, Defense, Health and Human 
        Services, Transportation, and Veterans Affairs, and other 
        Federal departments or agencies, on medical and public health 
        issues.
            ``(6) Serving as the Department's primary point of contact 
        with respect to medical and public health matters.
            ``(7) Discharging, in coordination with the Under Secretary 
        for Science and Technology, responsibilities of the Department 
        related to Project Bioshield.
            ``(8) Establishing doctrine and priorities for the National 
        Disaster Medical System and supervising its medical components, 
        consistent with the National Response Plan and the National 
        Incident Management System.
            ``(9) Establishing doctrine and priorities for the 
        Metropolitan Medical Response System, consistent with the 
        National Response Plan and the National Incident Management 
        System.
            ``(10) Assessing and monitoring long-term health issues of 
        emergency response providers and emergency response support 
        providers.
            ``(11) Developing and updating guidelines for State, local, 
        and tribal governments for medical response plans for chemical, 
        biological, radiological, nuclear, or explosive weapon attacks.
            ``(12) Identifying, in consultation with the Secretary of 
        Health and Human Services, appropriate medical equipment and 
        supplies for inclusion in the force packages under the 
        Prepositioned Equipment Program under section 581.
            ``(13) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(c) Deputy.--There is in the Department a Deputy Chief Medical 
Officer, who shall be appointed by the Secretary and who shall assist 
the Chief Medical Officer in carrying out the responsibilities under 
subsection (b).
    ``(d) Long-Term Health Assessment Program.--
            ``(1) In general.--The Chief Medical Officer, in 
        consultation with the Director of the National Institute for 
        Occupational Safety and Health, shall establish a program to 
        assess, monitor, and study the health and safety of emergency 
        response providers and emergency response support providers 
        following Incidents of National Significance declared by the 
        Secretary under the National Response Plan.
            ``(2) Cooperative agreements.--In carrying out the program 
        under this subsection, the Chief Medical Officer shall enter 
        into cooperative agreements, as necessary, with medical 
        institutions in the areas affected by such Incidents of 
        National Significance.

``SEC. 506. OFFICE OF STATE, LOCAL, AND TRIBAL GOVERNMENT COORDINATION.

    ``(a) Establishment.--There is in the Directorate of Emergency 
Management an Office of State, Local, and Tribal Government 
Coordination to oversee and coordinate programs of the Directorate for 
and relationships with national organizations representing State, 
local, and tribal governments.
    ``(b) Director.--The Office shall be headed by a Director, who 
shall be appointed by the Secretary.
    ``(c) Responsibilities.--The Director of the Office of State, 
Local, and Tribal Government Coordination shall, in consultation with 
the Regional Directors for Emergency Management appointed under section 
504(b), carry out the following responsibilities:
            ``(1) Coordinating the activities of the Directorate 
        relating to State, local, and tribal government.
            ``(2) Assessing and advocating for the resources needed by 
        State, local, and tribal governments to prevent, prepare for, 
        respond to, mitigate against, and recover from acts of 
        terrorism, natural disasters, and other emergencies.
            ``(3) Providing State, local, and tribal governments with 
        regular information, research, and technical support to assist 
        local efforts in securing the homeland.
            ``(4) Developing a process for receiving meaningful and 
        timely consultation from State, local, and tribal governments 
        to assist in the development of an integrated national 
        emergency management system.
            ``(5) Scheduling regular meetings with representatives 
        selected by State, local, and tribal governments.
            ``(6) Ensuring the coordination of the planning and 
        reporting requirements imposed on State, local, and tribal 
        governments by the Directorate.

``SEC. 507. OFFICE OF NATIONAL CAPITAL REGION COORDINATION.

    ``(a) Establishment.--
            ``(1) In general.--There is in the Directorate of Emergency 
        Management the Office of National Capital Region Coordination, 
        to oversee and coordinate Federal programs for and 
        relationships with State, local, and regional authorities in 
        the National Capital Region, as defined under section 
        2674(f)(2) of title 10, United States Code.
            ``(2) Director.--The Office shall be headed by a Director, 
        who shall be appointed by the Secretary. The Director shall 
        report directly to the Under Secretary for Emergency 
        Management.
            ``(3) Cooperation.--The Secretary shall cooperate with the 
        Mayor of the District of Columbia, the Governors of Maryland 
        and Virginia, and other State, local, and regional officers in 
        the National Capital Region to integrate the District of 
        Columbia, Maryland, and Virginia into the planning, 
        coordination, and execution of the activities of the Federal 
        Government for the enhancement of domestic preparedness for 
        acts of terrorism, natural disasters, and other emergencies.
    ``(b) Responsibilities.--The Director of the Office of National 
Capital Region Coordination shall carry out the following 
responsibilities:
            ``(1) Overseeing and coordinating the activities of the 
        Department relating to the National Capital Region, including 
        cooperation with the Office for State, Local, and Tribal 
        Government Coordination.
            ``(2) Assessing and advocating for the resources needed by 
        State, local, and regional authorities in the National Capital 
        Region to implement efforts to secure the homeland.
            ``(3) Providing State, local, and regional authorities in 
        the National Capital Region with regular information, research, 
        and technical support to assist the efforts of State, local, 
        and regional authorities in the National Capital Region in 
        securing the homeland.
            ``(4) Developing a process for receiving meaningful input 
        from State, local, and regional authorities and the private 
        sector in the National Capital Region to assist in the 
        development of the homeland security plans and activities of 
        the Federal Government.
            ``(5) Coordinating with Federal agencies in the National 
        Capital Region on emergency preparedness to ensure adequate 
        planning, information sharing, training, and execution of the 
        Federal role in domestic preparedness activities.
            ``(6) Coordinating with Federal, State, local, and regional 
        agencies and private sector entities in the National Capital 
        Region on emergency preparedness to ensure adequate planning, 
        information sharing, training, and execution of domestic 
        preparedness activities among such agencies and entities.
            ``(7) Serving as a liaison between the Federal Government 
        and State, local, and regional authorities and private sector 
        entities in the National Capital Region to facilitate access to 
        Federal grants and other programs.
    ``(c) Annual Report.--The Director shall submit to Congress an 
annual report that includes the following:
            ``(1) The identification of any resources required to fully 
        implement homeland security efforts in the National Capital 
        Region.
            ``(2) An assessment of the progress made by the National 
        Capital Region in implementing homeland security efforts.
            ``(3) The recommendations of the Director with respect any 
        additional resources needed to fully implement homeland 
        security efforts in the National Capital Region.
    ``(d) Limitation.--Nothing in this section shall be construed as 
limiting the power of any State, local, or tribal government.

``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT.

    ``(a) Establishment.--Not later than 60 days after the date of the 
enactment of this section, the Secretary shall establish an advisory 
body pursuant to section 871(a), to be known as the National Advisory 
Council on Emergency Management.
    ``(b) Responsibilities.--The Advisory Council shall assist the 
Secretary in implementing subsection (c).
    ``(c) Requirement to Review, Revise, or Replace Certain 
Documents.--The Secretary shall periodically, but not less than 
biennially, review, revise, or replace--
            ``(1) the National Response Plan;
            ``(2) the National Incident Management System;
            ``(3) the National Preparedness Guidance;
            ``(4) the National Preparedness Goal;
            ``(5) the Targeted Capabilities List;
            ``(6) the Universal Task List;
            ``(7) the National Infrastructure Protection Plan;
            ``(8) the National Planning Scenarios;
            ``(9) any successor to any document under any of paragraphs 
        (1) through (8); and
            ``(10) any other national initiatives on acts of terrorism, 
        natural disasters, and other emergencies that affects emergency 
        response providers and emergency response support providers as 
        necessary.
    ``(d) Report.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the Advisory Council is established under subsection (a), 
        and not later than every 2 years thereafter, the Advisory 
        Council shall submit to the Secretary a report on the 
        recommendations of the Advisory Council for reviewing, 
        revising, or replacing such national initiatives.
            ``(2) Contents.--Each report shall--
                    ``(A) include a priority ranking of essential 
                capabilities for emergency preparedness in order to 
                provide guidance to the Secretary and to the Congress 
                on determining the appropriate allocation of, and 
                funding levels for, the needs of emergency response 
                providers;
                    ``(B) set forth a methodology by which any State, 
                local, or tribal government will be able to determine 
                the extent to which it possesses or has access to the 
                essential capabilities that State, local, and tribal 
                governments having similar risks should obtain;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to training and equipment for emergency 
                response providers;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the emergency 
                preparedness capabilities of emergency response 
                providers; and
                    ``(E) include such revisions to the contents of 
                previous reports as are necessary to take into account 
                changes in the most current risk assessment prepared by 
                and available from the Chief Intelligence Officer and 
                the Assistant Secretary for Infrastructure Protection 
                or other relevant information as determined by the 
                Secretary.
            ``(3) Consistency with federal working group.--The Advisory 
        Council shall ensure that its recommendations for essential 
        capabilities for emergency preparedness are, to the extent 
        feasible, consistent with any preparedness goals or 
        recommendations of the Federal working group established under 
        section 319F(a) of the Public Health Service Act (42 U.S.C. 
        247d-6(a)).
    ``(e) Membership.--
            ``(1) In general.--The Advisory Council shall consist of 30 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic (including urban and rural) 
        and substantive cross section of emergency managers, emergency 
        response providers, and emergency response support providers 
        from State, local, and tribal governments, including as 
        appropriate--
                    ``(A) members selected from the emergency 
                management and response fields, including fire service, 
                law enforcement, hazardous materials response, 
                emergency medical services, and emergency management 
                personnel;
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including--
                            ``(i) experts in emergency health care 
                        response to chemical, biological, radiological, 
                        and nuclear terrorism;
                            ``(ii) experts in providing mental health 
                        care during emergency response operations; and
                            ``(iii) experts in stockpiling medical 
                        equipment and supplies and medical logistics;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in the emergency preparedness and 
                response field;
                    ``(D) State and local officials with expertise in 
                terrorism preparedness and emergency management, 
                including Adjutants General, subject to the condition 
                that if any such official is an elected official 
                representing one of the two major political parties, an 
                equal number of elected officials shall be selected 
                from each such party; and
                    ``(E) members selected from the emergency response 
                support field, including public works, utilities, and 
                transportation personnel who are routinely engaged in 
                emergency response.
            ``(2) Coordination with the departments of health and human 
        services and transportation.--In the selection of members of 
        the Advisory Council who are health or emergency medical 
        services professionals, the Secretary shall coordinate such 
        selection with the Secretaries of Health and Human Services and 
        Transportation.
            ``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate one or more 
        officers of their respective Department to serve as ex officio 
        members of the Advisory Council. One of the ex officio members 
        from the Department of Homeland Security shall be the 
        designated officer of the Federal Government for purposes of 
        subsection (e) of section 10 of the Federal Advisory Committee 
        Act (5 App. U.S.C.).
            ``(4) Terms of office.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of office of each member of 
                the Advisory Council shall be 3 years.
                    ``(B) Initial appointments.--Of the members 
                initially appointed to the Advisory Council----
                            ``(i) one third shall be appointed for a 
                        term of 1 year; and
                            ``(ii) one third shall be appointed for a 
                        term of 2 years.
    ``(f) Applicability of Federal Advisory Committee Act.--
            ``(1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory Committee Act (5 
        U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of such Act, and section 552b(c) of title 5, United 
        States Code, shall apply to the Advisory Council.
            ``(2) Termination.--Section 14(a)(2)(B) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Council.

``SEC. 509. REORGANIZATION OF DIRECTORATE.

    ``The Secretary may not allocate or reallocate functions among the 
officers of the Directorate of Emergency Management or establish, 
consolidate, alter, or discontinue organizational units within the 
Directorate of Emergency Management under the authority of section 872 
until the date that is 120 days after the date on which the Secretary 
submits to Congress a report describing the proposed allocation, 
reallocation, establishment, consolidation, alteration or 
discontinuance.

                  ``Subtitle B--Emergency Preparedness

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

    ``(a) In General.--There is in the Department an Office of Grants 
and Planning under the authority of the Under Secretary for Emergency 
Management.
    ``(b) Assistant Secretary.--The head of the office shall be the 
Assistant Secretary for Grants and Planning.
    ``(c) Responsibilities.--The Assistant Secretary for Grants and 
Planning shall carry out the following responsibilities:
            ``(1) Administering Department grant programs that enhance 
        the capacity of State, regional, local, and tribal governments 
        to prevent, prepare for, mitigate against, respond to, and 
        recover from acts of terrorism, natural disasters, and other 
        emergencies.
            ``(2) Ensuring coordination of the homeland security 
        assistance programs of the Federal Government.
            ``(3) Establishing incentives for the efficient 
        administration of Federal homeland security assistance.
            ``(4) Evaluating the effectiveness of funded Department 
        programs and disseminating lessons learned, as appropriate.
            ``(5) Reviewing and revising, in consultation with the NIC 
        (as that term is used in section 541) and the National Advisory 
        Council on Emergency Management, on a periodic basis, but not 
        less than biennially, preparedness documents and capabilities-
        based planning tools, related to catastrophic acts of 
        terrorism, natural disasters, and other emergencies, 
        including--
                    ``(A) the National Preparedness Goal;
                    ``(B) the Targeted Capabilities List;
                    ``(C) the Universal Task List;
                    ``(D) the National Planning Scenarios; and
                    ``(E) any other document or tool in support of 
                Homeland Security Presidential Directive 8 or any other 
                Homeland Security Presidential Directive related to the 
                national emergency management system.
            ``(6) Establishing, in coordination with State, local, and 
        tribal governments, a clear and accountable process for 
        achieving, maintaining, and enhancing national preparedness for 
        catastrophic acts of terrorism, natural disasters, and other 
        emergencies.
            ``(7) Providing technical assistance to State, local, and 
        tribal governments on catastrophic planning and preparedness.
            ``(8) Developing performance measures and metrics for 
        assessing national preparedness.
            ``(9) Assessing, on a periodic basis, but not less than 
        annually, the effectiveness of preparedness capabilities at the 
        Federal, State, local, and tribal levels.
            ``(10) Developing priorities for Federal homeland security 
        assistance to State, local, and tribal governments on the basis 
        of such periodic assessments.
            ``(11) Implementing a shared resource planning system to 
        facilitate collaborative plan development.
            ``(12) Reviewing, in coordination with appropriate Federal 
        departments and agencies, all Federal preparedness activities.
            ``(13) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Annual Status Reports.--Not later than 60 days after the last 
day of each fiscal year, the Secretary shall provide to Congress a 
status report on the Nation's level of preparedness during that fiscal 
year, including State, local, and tribal capabilities, the readiness of 
Federal response assets, the utilization of mutual aid, and an 
assessment of how the Federal homeland security assistance programs 
support the National Preparedness Goal.

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

    ``(a) In General.--There is in the Department an Office of Training 
and Exercises under the authority of the Under Secretary for Emergency 
Management.
    ``(b) Assistant Secretary.--The head of the office shall be the 
Assistant Secretary for Training and Exercises.
    ``(c) Responsibilities.--The Assistant Secretary for Training and 
Exercises shall--
            ``(1) establish specific requirements for training programs 
        and exercises for Federal, State, regional, local, and tribal 
        government officials, emergency response providers, emergency 
        response support providers, and other entities as appropriate;
            ``(2) design, develop, perform, and evaluate training 
        programs and exercises at all levels of government to enhance 
        and test the Nation's capability to prevent, prepare for, 
        mitigate against, respond to, and recover from threatened or 
        actual acts of terrorism, natural disasters, and other 
        emergencies;
            ``(3) establish common supporting methodology for training 
        programs and exercises;
            ``(4) define and implement performance measures for 
        training programs and exercises;
            ``(5) coordinate the training and exercise activities of 
        the Department;
            ``(6) serve as the primary point of contact in the 
        Department for homeland security training and exercises for 
        other Federal departments and agencies;
            ``(7) identify, analyze, and monitor the implementation of 
        best practices and lessons learned with respect to training and 
        exercises;
            ``(8) establish a comprehensive program for the 
        professional development and education of homeland security 
        personnel at all levels of government, nongovernmental 
        organizations, and emergency management personnel in the 
        private sector; and
            ``(9) perform such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Transfer.--The Assistant Secretary for Training and Exercises 
shall have authority over the following:
            ``(1) The Noble Training Center.
            ``(2) The Center for Domestic Preparedness.
            ``(3) The National Emergency Training Center.
            ``(4) The National Exercise and Evaluation Program.
    ``(e) National Exercise Program.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Training and Exercises, shall carry out 
        a National Exercise Program for the purpose of testing, 
        evaluating, and enhancing the capabilities of Federal, State, 
        regional, local, and tribal government entities to prevent, 
        prepare for, respond to, mitigate against, and recover from 
        threatened or actual acts of terrorism, natural disasters, and 
        other emergencies.
            ``(2) Contents of program.--The National Exercise Program--
                    ``(A) shall enhance coordination for preparedness 
                between all levels of government, emergency response 
                providers, emergency response support providers, 
                nongovernmental organizations, international 
                governments and organizations, and the private sector;
                    ``(B) shall be--
                            ``(i) multi disciplinary in nature, 
                        including, as appropriate, information analysis 
                        and cybersecurity components;
                            ``(ii) as realistic as practicable and 
                        based on current risk assessments, including 
                        credible threats, vulnerabilities, and 
                        consequences;
                            ``(iii) carried out with the minimum degree 
                        of notice to involved parties regarding the 
                        timing and details of such exercises, 
                        consistent with safety considerations;
                            ``(iv) evaluated against performance 
                        measures and followed by corrective action to 
                        solve identified deficiencies; and
                            ``(v) assessed to learn best practices, 
                        which the Secretary shall share with 
                        appropriate Federal, State, regional, local, 
                        and tribal personnel, authorities, and training 
                        institutions for emergency response providers 
                        and emergency response support providers; and
                    ``(C) shall provide assistance to State, regional, 
                local, and tribal governments with the design, 
                implementation, and evaluation of exercises that--
                            ``(i) conform to the requirements under 
                        subparagraph (B);
                            ``(ii) are consistent with any applicable 
                        State or urban area homeland security strategy 
                        or plan;
                            ``(iii) support implementation of--
                                    ``(I) the National Incident 
                                Management System;
                                    ``(II) the National Response Plan;
                                    ``(III) the National Preparedness 
                                Goal;
                                    ``(IV) the National Preparedness 
                                Guidance;
                                    ``(V) the National Infrastructure 
                                Protection Plan; and
                                    ``(VI) any other similar national 
                                initiatives; and
                            ``(iv) provide for systematic evaluation of 
                        readiness.
            ``(3) National level exercises.--The Secretary, acting 
        through the Assistant Secretary for Training and Exercises, 
        shall periodically but not less than biennially, perform 
        national exercises for the following purposes:
                    ``(A) To involve in national exercises high-ranking 
                officials from--
                            ``(i) Federal, State, local, tribal, and 
                        international governments;
                            ``(ii) nongovernmental organizations, 
                        including faith-based organizations;
                            ``(ii) the private sector; and
                            ``(iv) others as the Secretary considers 
                        appropriate.
                    ``(B) To test and evaluate, in coordination with 
                the Attorney General and the Secretary of Defense, the 
                capability of Federal, State, local, and tribal 
                government entities to detect, disrupt, and prevent 
                threatened or actual catastrophic acts of terrorism, 
                especially those involving weapons of mass destruction;
                    ``(C) To test and evaluate the readiness of 
                Federal, State, local, and tribal government entities 
                to respond in a coordinated and unified manner to 
                catastrophic acts of terrorism, natural disasters, and 
                other emergencies; and
                    ``(D) To test and evaluate the readiness of 
                Federal, State, local, and tribal government entities 
                to recover from catastrophic acts of terrorism, natural 
                disasters, and other emergencies.
            ``(4) Coordination and consultation.--In carrying out the 
        National Exercise Program, the Secretary shall--
                    ``(A) coordinate with--
                            ``(i) components of the Department that 
                        have expertise in exercises, including the 
                        Coast Guard, the United States Secret Service, 
                        United States Customs and Border Protection, 
                        and United States Immigration and Customs 
                        Enforcement; and
                            ``(ii) such other Federal departments and 
                        agencies as the Secretary determines are 
                        appropriate; and
                    ``(B) consult regularly with--
                            ``(i) a geographic and substantive cross 
                        section of emergency response providers and 
                        emergency response support providers (including 
                        such providers located in both urban and rural 
                        areas);
                            ``(ii) Federal, State, and local training 
                        institutions for emergency response providers 
                        and emergency response support providers; and
                            ``(iii) State and local officials, 
                        including Adjutant Generals, with expertise in 
                        terrorism preparedness and emergency 
                        management.
            ``(5) Top official prevention exercises.--No later than one 
        year after the date of enactment of the National Emergency 
        Management Reform and Enhancement Act of 2006, the Secretary, 
        acting through the Assistant Secretary for Training and 
        Exercises, shall establish a program through which the 
        Secretary carries out periodically but not less than biennially 
        a national terrorism prevention exercise for the purposes of--
                    ``(A) involving in national exercises high-ranking 
                officials from Federal, State, local, tribal, and 
                international governments, as the Secretary considers 
                appropriate; and
                    ``(B) testing and evaluating, in coordination with 
                the Attorney General and the Secretary of Defense, the 
                capability of Federal, State, local, and tribal 
                government entities to detect, disrupt, and prevent 
                threatened or actual catastrophic acts of terrorism.
            ``(6) National exercise strategy.--The Secretary, acting 
        through the Assistant Secretary for Training and Exercises, 
        shall develop a multi-year national homeland security exercise 
        plan and submit the plan to the Homeland Security Council for 
        review and approval.
    ``(f) National Training Program.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Training and Exercises, shall carry out 
        a National Training Program for the purpose of enhancing the 
        capabilities of the Nation's emergency response providers to 
        prevent, prepare for, respond to, mitigate against, and recover 
        from threatened or actual acts of terrorism, natural disasters, 
        and other emergencies.
            ``(2) Requirements.--The National Training Program shall 
        provide training that--
                    ``(A) reaches multiple disciplines, including 
                Federal, State, and local government officials, 
                emergency response providers, emergency response 
                support providers, the private sector, international 
                governments and organizations, and other entities as 
                the Secretary considers appropriate;
                    ``(B) provides training at the awareness, 
                performance, and management and planning levels;
                    ``(C) utilizes multiple training mediums and 
                methods, including--
                            ``(i) direct delivery;
                            ``(ii) train-the-trainer;
                            ``(iii) computer-based training;
                            ``(iv) web-based training; and
                            ``(v) video teleconferencing;
                    ``(D) is consistent with any applicable State or 
                urban area homeland security strategy or plan;
                    ``(E) is consistent with, and supports 
                implementation of, the National Incident Management 
                System, the National Response Plan, the National 
                Preparedness Goal, the National Preparedness Guidance, 
                the National Infrastructure Protection Plan, and other 
                such national initiatives;
                    ``(F) is evaluated against clear and consistent 
                performance measures; and
                    ``(G) to the greatest extent practicable, utilizes 
                State, regional, and tribal training institutions.
            ``(3) National voluntary consensus standards.--The 
        Secretary shall--
                    ``(A) support the development, promulgation, and 
                regular updating as necessary of national voluntary 
                consensus standards for training; and
                    ``(B) ensure that the training provided under the 
                National Training Program is consistent with such 
                standards.
            ``(4) Training partners.--In developing and delivering 
        training under the National Training Program, the Secretary 
        shall--
                    ``(A) work with government training facilities, 
                academic institutions, private organizations, and other 
                entities that provide specialized, state-of-the-art 
                training for emergency responder providers or emergency 
                response support providers; and
                    ``(B) utilize, as appropriate, training courses 
                provided by community colleges, State and local public 
                safety academies, State and private universities, and 
                other facilities.
            ``(5) Coordination and consultation.--In carrying out the 
        National Training Program, the Secretary shall--
                    ``(A) coordinate with--
                            ``(i) components of the Department that 
                        have expertise in training, including the Coast 
                        Guard, the United States Secret Service, the 
                        United States Fire Administration, and the 
                        Federal Law Enforcement Training Center; and
                            ``(ii) such other Federal departments and 
                        agencies as the Secretary determines are 
                        appropriate; and
                    ``(B) consult regularly with--
                            ``(i) a geographic and substantive cross 
                        section of emergency response providers and 
                        emergency response support providers (including 
                        such providers located in both urban and rural 
                        areas); and
                            ``(ii) State and local officials, including 
                        Adjutants General, with expertise in terrorism 
                        preparedness and emergency management.
    ``(g) Remedial Action Management Program.--The Secretary, acting 
through the Assistant Secretary for Training and Exercises, shall 
establish a Remedial Action Management Program to--
            ``(1) identify and analyze training, exercises, and real-
        world events for lessons learned and best practices;
            ``(2) generate after action reports for Incidents of 
        National Significance as declared by the Secretary under the 
        National Response Plan;
            ``(3) disseminate lessons learned and best practices;
            ``(4) monitor the implementation of lessons learned and 
        best practices;
            ``(5) conduct remedial action tracking and long-term trend 
        analysis; and
            ``(6) certify that--
                    ``(A) recipients of Federal homeland security 
                assistance have implemented lessons learned and best 
                practices, as appropriate; and
                    ``(B) ensure that no recipient uses any Federal 
                homeland security assistance without such 
                certification.
    ``(h) National Domestic Preparedness Consortium.--There is in the 
Department a National Domestic Preparedness Consortium that--
            ``(1) includes as members--
                    ``(A) the Center for Domestic Preparedness;
                    ``(B) the New Mexico Institute of Mining and 
                Technology;
                    ``(C) Louisiana State University;
                    ``(D) Texas A&M University; and
                    ``(E) the Nevada Test Site of the Department of 
                Energy.
            ``(2) identifies, develops, tests, and delivers training to 
        State, local, and tribal emergency response providers;
            ``(3) provides on-site training at the performance and 
        management and planning levels; and
            ``(4) facilitates the delivery of awareness level training 
        by the training partners of the Department.
    ``(i) National Exercise Simulation Center.--There is in the 
Department a National Exercise Simulation Center that uses a mix of 
live, virtual, and constructive simulations to--
            ``(1) prepare elected officials and emergency response 
        providers at all levels of Government to operate cohesively;
            ``(2) provide a learning environment for the homeland 
        security personnel of all Federal departments and agencies;
            ``(3) assist in the development of operational procedures 
        and exercises, particularly those based on catastrophic 
        incidents; and
            ``(4) allow incident commanders to exercise decision-making 
        in a simulated environment.

``SEC. 523. ESSENTIAL CAPABILITIES.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--Building upon the National Preparedness 
        Goal, the Secretary, acting through the Assistant Secretary for 
        Grants and Planning, shall regularly update, revise, or replace 
        essential capabilities for State, local, and tribal government 
        emergency preparedness, in consultation with the following:
                    ``(A) The National Advisory Council on Emergency 
                Management under section 508.
                    ``(B) Components of the Department, including the 
                Under Secretary for Science and Technology, the Chief 
                Intelligence Officer, the Director for Operations 
                Coordination, the Assistant Secretary for Policy, the 
                Assistant Secretary for Transportation Security, the 
                Assistant Secretary for Infrastructure Protection, the 
                Assistant Secretary for Cybersecurity and 
                Telecommunications, the Commissioner of United States 
                Customs and Border Protection, and the Commandant of 
                the Coast Guard.
                    ``(C) The Secretary of Health and Human Services.
                    ``(D) Other appropriate Federal departments and 
                agencies.
                    ``(E) State, local, and tribal emergency response 
                providers.
                    ``(F) State, local, and tribal emergency response 
                support providers.
                    ``(G) State, local, and tribal prevention and 
                emergency management officials, including Adjutant 
                Generals.
                    ``(H) Consensus-based standardmaking organizations 
                responsible for setting standards relevant to emergency 
                response providers and emergency response support 
                providers.
            ``(2) Deadlines.--The Secretary shall update, revise, or 
        replace the essential capabilities under paragraph (1) not 
        later than 30 days after receiving the report submitted by the 
        National Advisory Council on Emergency Management under section 
        508(d).
            ``(3) Report on provision of essential capabilities.--The 
        Secretary shall ensure that a report containing a detailed 
        description of the essential capabilities is provided promptly 
        to State and tribal governments and to Congress. The States 
        shall make the description of the essential capabilities 
        available as appropriate to local governments within their 
        jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities meet the following objectives:
            ``(1) Essential capabilities shall describe specifically 
        the planning, personnel, equipment, training, and exercises 
        that State, local, or tribal governments should possess or have 
        access to for purposes of the Department's goals for emergency 
        preparedness based on--
                    ``(A) the National Preparedness Goal and supporting 
                directives, policies, and guidelines;
                    ``(B) the most current risk assessment available 
                from the Chief Intelligence Officer of the threats of 
                terrorism against the United States;
                    ``(C) the risks faced by different types of 
                communities, including communities of various sizes, 
                geographies, and other distinguishing characteristics; 
                and
                    ``(D) the principles of regional coordination and 
                mutual aid among State, local, and tribal governments.
            ``(2) Essential capabilities shall be sufficiently flexible 
        so as to allow State, local, and tribal government officials to 
        establish priorities based on local or regional needs while 
        reaching nationally determined emergency preparedness levels 
        within a specified time period.
            ``(3) Essential capabilities shall be designed to enable 
        the measurement of progress toward specific emergency 
        preparedness goals.
    ``(c) Factors to Be Considered.--
            ``(1) In general.--In updating, revising, or replacing 
        essential capabilities for State, local, or tribal governments 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to population (including transient 
        commuting and tourist populations), areas of high population 
        density, critical infrastructure, coastline, and international 
        borders.
            ``(2) Basis for consideration.--Such consideration shall be 
        based upon the most current risk assessment available from the 
        Chief Intelligence Officer and the Assistant Secretary for 
        Infrastructure Protection of the threats of terrorism against 
        the United States and the needs described in the National 
        Preparedness Goal and the directives, policies, and guidelines 
        supporting the National Preparedness Goal.

``SEC. 524. CATASTROPHIC PLANNING.

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

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

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Emergency Management, shall establish a System Assessment 
and Validation for Emergency Responders Program to provide high 
quality, impartial, and operationally relevant evaluations and 
validations of critical emergency response provider-related equipment 
and systems and provide such evaluations and validations to emergency 
response providers in an operationally useful form.
    ``(b) Requirements.--The program established under subsection (a) 
shall--
            ``(1) provide impartial, practitioner relevant, and 
        operationally oriented assessments and validations of emergency 
        response provider equipment and systems, including--
                    ``(A) commercial, off-the-shelf emergency response 
                provider equipment and systems in all equipment list 
                categories of the Interagency Board for Equipment 
                Standardization and Interoperability; and
                    ``(B) such other equipment or systems as the 
                Secretary determines are appropriate.
            ``(2) provide information that enables decision-makers and 
        emergency response providers to better select, procure, use, 
        and maintain emergency response provider equipment or systems;
            ``(3) assess and validate the performance of products 
        within a system and systems within systems; and
            ``(4) provide information and feedback to emergency 
        response providers through a well-maintained, Internet-
        accessible database.
    ``(c) Assessment and Validation Process.--The assessment and 
validation of emergency response provider equipment and systems shall 
utilize multiple evaluation techniques, including
            ``(1) operational assessments of equipment performance on 
        vehicle platforms;
            ``(2) technical assessments on a comparative basis of 
        system component performance across makes and models under 
        controlled conditions; and
            ``(3) integrative assessments on an individual basis of 
        system component interoperability and compatibility with other 
        system components.

``SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM.

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

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

    ``(a) In General.--There is in the Directorate of Emergency 
Management an Office of Public and Community Preparedness.
    ``(b) Director.--The Office shall be headed by a Director, who 
shall be appointed by the Secretary. The Director shall report directly 
to the Assistant Secretary for Grants and Planning.
    ``(c) Components.--The Office of Public and Community Preparedness 
shall consist of the following:
            ``(1) The various component programs of the Citizen Corps, 
        including Community Emergency Response Teams, Fire Corps, 
        Volunteers in Police Service, USA on Watch, and the Medical 
        Reserve Corps.
            ``(2) The Internet website known as Ready.gov and the 
        components of that website, including Ready Businesses, Ready 
        Kids, and Listo.
            ``(3) Such other duties relating to community, public, and 
        citizen preparedness as the Secretary may provide.
    ``(d) Responsibilities.--The Director of the Office of Public and 
Community Preparedness, in coordination with and support of the 
Regional Directors of Emergency Management under section 504, shall 
have the primary responsibility within the Department for assisting the 
efforts of State, local, and tribal governments in preparing citizens 
and communities in the United States for acts of terrorism, natural 
disasters, and other emergencies, including primary responsibility for 
each of the following:
            ``(1) Coordinating and supporting public and community 
        preparedness efforts at all levels of Government.
            ``(2) Serving as the principal advisor to the Secretary on 
        public and community preparedness issues.
            ``(3) Developing guidance on citizen preparedness for 
        grants to State, local, and tribal governments.
            ``(4) Providing, through the Regional Offices under section 
        504, State, local, and tribal Citizen Corps Councils with 
        tools, information, and technical assistance to connect local 
        and national citizen preparedness efforts.
            ``(5) Directing, managing, and implementing all programs 
        associated with the entities under subsection (c).
            ``(6) Establishing specialized preparedness programs for 
        at-risk communities under subsection (e).
            ``(7) Ensuring coordination with private sector entities, 
        faith-based groups, other nongovernmental organizations, 
        special needs groups, emergency response provider 
        organizations, emergency response support provider 
        organizations, and international organizations, in order to 
        promote citizen preparedness and participation.
            ``(8) Developing a comprehensive program of public service 
        announcements for use on a national basis or, in consultation 
        with State, local, or tribal governments, on a regional, State, 
        or local basis.
            ``(9) Assisting in the implementation of national 
        strategies for public and community preparedness, including the 
        development of individual preparedness skills and capabilities, 
        including assembling preparedness kits, developing emergency 
        communications plans, training in basic fist aid, and learning 
        how to react to a variety of emergencies.
    ``(e) At-Risk Communities.--In carrying out the responsibilities 
under this section, the Director shall consider the unique preparedness 
challenges faced by persons with disabilities, health problems, 
language barriers, and income barriers, the elderly, children, and 
individuals with pets, service animals, or farm animals.
    ``(f) National Citizen Corps Council.--
            ``(1) In general.--There is in the Directorate a National 
        Citizen Corps Council. The Under Secretary for Emergency 
        Management or a designee shall serve as chair of the Council.
            ``(2) Membership.--The Council shall consist of national 
        leaders of organizations and associations representing at risk 
        communities described under subsection (e), emergency response 
        providers, emergency response support providers, community and 
        volunteer service providers, government, and the private 
        sector.
            ``(3) Responsibilities.--The responsibilities of the 
        Council are as follows:
                    ``(A) To work together at the national level and 
                encourage members of the Council at the State, local, 
                and tribal level to collaborate in support of the 
                Citizen Corps.
                    ``(B) To identify opportunities for Federal, State, 
                local, and tribal organizations to collaborate to 
                accomplish the shared goals of the Citizen Corps 
                programs.
                    ``(C) To encourage the development and support of 
                local Citizen Corps Councils and to advance the Citizen 
                Corps mission across the country.
                    ``(D) To exchange facts and information on programs 
                to promote public awareness, training, safety, and 
                volunteer service opportunities and on safety and 
                preparedness messages to be conveyed to the public.
                    ``(E) To develop and disseminate messages on safety 
                and emergency preparedness that will be effective in 
                engaging communities and individuals in the Citizen 
                Corps.
                    ``(F) To serve as the catalyst for engaging others 
                within their areas of expertise to promote the Citizen 
                Corps mission.
            ``(4) Meetings.--The Under Secretary for Emergency 
        Management or a designee shall convene meetings of the National 
        Citizen Corps Council at the discretion of the Under Secretary 
        or at the direction of the Secretary.
    ``(g) Coordination.--The Director shall--
            ``(1) coordinate with other Federal entities, as 
        appropriate, including the Departments of Health and Human 
        Services, Justice, Commerce, and Education, the Environmental 
        Protection Agency, and the Corporation for National and 
        Community Service, to enhance public and community 
        preparedness;
            ``(2) coordinate with State, local, and tribal governments; 
        and
            ``(3) subject to the availability of appropriations, make 
        grants and enter into contracts and cooperative agreements with 
        other Federal agencies and nongovernmental organizations, as 
        may be necessary and proper to carry out the responsibilities 
        of the Director under this section.

                    ``Subtitle C--Emergency Response

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

    ``(a) In General.--There is in the Directorate of Emergency 
Management a National Incident Management System and National Response 
Plan Integration Center (referred to in this section as the `NIC').
    ``(b) Director.--The NIC shall be headed by a Director, who shall 
be appointed by the Secretary. The Director shall report directly to 
the Deputy Under Secretary for Response and Recovery.
    ``(c) Responsibilities.--The Director, in consultation with the 
Assistant Secretary for Grants and Planning and the heads of other 
appropriate Federal departments and agencies, and the National Advisory 
Council on Emergency Management under section 508, shall establish a 
mechanism for ensuring ongoing management and maintenance of the 
National Incident Management System (NIMS), the National Response Plan 
(NRP), any other document or tool in support of Homeland Security 
Presidential Directive 5, or any other Homeland Security Presidential 
Directive related to incident management and response. The 
responsibilities of the Director shall include the following:
            ``(1) Revising, as appropriate, the NIMS and the NRP not 
        later than 90 days after the enactment of this section with 
        respect to--
                    ``(A) clarifying the roles and responsibilities of 
                the Principal Federal Official, the Federal 
                Coordinating Officer, the Federal Resource Coordinator, 
                and the Disaster Recovery Manager;
                    ``(B) developing procedures for the timely 
                activation of each such role;
                    ``(C) establishing as part of the NRP an emergency 
                support function with respect to volunteers and 
                donations;
                    ``(D) realigning the emergency support functions of 
                the NRP so as to be consistent with the NIMS;
                    ``(E) developing doctrine and procedures relating 
                to the management of acts of terrorism, natural 
                disasters, and other emergencies affecting multiple 
                State;
                    ``(F) improving the utilization of Federal, State, 
                local, and tribal resources, including the deployment 
                of emergency response providers, specialized equipment, 
                and supplies;
                    ``(G) finalizing and releasing the Catastrophic 
                Incident Supplement to the NRP;
                    ``(H) ensuring the effective use of emergency 
                response providers at emergency scenes; and
                    ``(I) reviewing other matters pertaining to the 
                NIMS and the NRP as the Secretary may require.
            ``(2) Developing a national program for NIMS and NRP 
        education and awareness, including specific instruction on the 
        purposes of the NIMS and the NRP and responsibilities of the 
        NIC.
            ``(3) Promoting the compatibility between national 
        voluntary consensus standards for the NIMS and the NRP and such 
        standards developed by other public, private, or professional 
        groups.
            ``(4) Facilitating the development and publication of 
        materials and standardized templates to support the 
        implementation and continuous refinement of the NIMS and the 
        NRP.
            ``(5) Developing performance measures and assessment 
        criteria for the various components of the NIMS and the NRP and 
        compliance requirements and compliance timelines for 
        implementation by Federal, State, local, and tribal entities.
            ``(6) Establishing a peer review process for NIMS 
        compliance certifications that verifies the satisfaction of 
        training, planning, exercising, and other activities.
            ``(7) Defining, in consultation with the Assistant 
        Secretary for Training and Exercises, the general training 
        requirements and the national training standards and course 
        curricula associated with the NIMS and the NRP.
            ``(8) Facilitating the development of national voluntary 
        consensus standards, guidelines, and protocols for incident 
        management training and exercises, including consideration of 
        existing exercise and training programs at all levels of 
        government.
            ``(9) Facilitating the establishment and maintenance of a 
        publication management system for documents supporting the NIMS 
        and the NRP and other related publications and materials 
        related to the NIMS and the NRP, including the development or 
        coordination of general publications.
            ``(10) Reviewing and certifying, in coordination with 
        accrediting organizations and in consultation with Federal, 
        State, local, tribal, private-sector, and nongovernmental 
        entities, the discipline-specific publication management 
        requirements submitted by professional organizations and 
        associations.
            ``(11) Facilitating the development and publication of 
        national voluntary consensus standards, guidelines, and 
        protocols for the qualification and certification of emergency 
        response providers and incident management personnel, as 
        appropriate.
            ``(12) Reviewing and approving, in coordination with 
        appropriate national professional organizations and with input 
        from Federal, State, local, tribal, private-sector, and other 
        nongovernmental entities, the discipline-specific qualification 
        and certification requirements submitted by emergency responder 
        and incident management organizations and associations.
            ``(13) Facilitating the establishment and maintenance of a 
        documentation and database system related to qualification, 
        certification, and credentialing of incident management 
        personnel and organizations, including reviewing and approving, 
        in coordination with appropriate national professional 
        organizations and with input from the Federal, State, local, 
        tribal, private-sector and nongovernmental entities, of the 
        discipline-specific requirements submitted by functionally 
        oriented incident management organizations and associations.
            ``(14) Establishing a data maintenance system to provide 
        incident managers with the detailed qualification, experience, 
        and training information needed to credential personnel for 
        prescribed national incident management positions.
            ``(15) Coordinating minimum professional certification 
        standards and facilitation of the design and implementation of 
        a credentialing system that can be used nationwide.
            ``(16) Facilitating the development and issuance of 
        national standards for the typing of resources.
            ``(17) Facilitating the definition and maintenance of the 
        information framework required to guide the development of NIMS 
        information systems, including the development of data 
        standards for--
                    ``(A) incident notification and situation reports;
                    ``(B) status reporting;
                    ``(C) analytical data;
                    ``(D) geospatial information;
                    ``(E) wireless communications;
                    ``(F) identification and authentication; and
                    ``(G) incident reports, including lessons learned 
                reports.
            ``(18) Performing such other duties relating to such 
        responsibilities as the Secretary may require.

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

    ``To the maximum extent practicable, the Secretary, acting through 
the Under Secretary for Emergency Management, shall use national 
private sector networks and infrastructure for emergency response to 
acts of terrorism, natural disasters, and other emergencies.

``SEC. 543. NUCLEAR INCIDENT RESPONSE.

    ``(a) Nuclear Incident Response Team.--In connection with actual or 
threatened acts of terrorism, natural disasters, or other emergencies 
in the United States--
            ``(1) the Nuclear Incident Response Team shall operate as 
        an organizational unit of the Department; and
            ``(2) while so operating, the Secretary shall have 
        direction, authority, and control of the Nuclear Incident 
        Response Team.
    ``(b) Responsibilities.--In addition to the authority under 
subsection (a), the Secretary, acting through the Under Secretary for 
Emergency Management, shall at all times carry out the following 
responsibilities:
            ``(1) Establishing standards for performance of the Nuclear 
        Incident Response Team and, when such standards have been met, 
        certifying that they have been met.
            ``(2) Conducting joint and other exercises and training and 
        evaluating performance.
            ``(3) Providing funds to the Department of Energy and the 
        Environmental Protection Agency, as appropriate, for homeland 
        security planning, exercises and training, and equipment.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed to limit the responsibility of the Secretary of Energy and 
the Administrator of the Environmental Protection Agency for 
organizing, training, equipping, and utilizing their respective 
entities that participate in the Nuclear Incident Response Team, or 
(subject this section) from exercising direction, authority, and 
control over such entities when they are not operating as a unit of the 
Department.
    ``(d) Definition.--In this section, the term `Nuclear Incident 
Response Team' means a resource that includes--
            ``(1) those entities of the Department of Energy that 
        perform nuclear or radiological emergency support functions 
        (including accident response, search response, advisory, and 
        technical operations functions), radiation exposure functions 
        at the medical assistance facility known as the Radiation 
        Emergency Assistance Center/Training Site (REAC/TS), 
        radiological assistance functions, and related functions; and
            ``(2) those entities of the Environmental Protection Agency 
        that perform such support functions (including radiological 
        emergency response functions) and related functions.

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

    ``(a) National Urban Search and Rescue Response System.--There is 
in the Directorate of Emergency Management an emergency response system 
known as the National Urban Search and Rescue Response System that 
provides a national network of standardized search and rescue resources 
to assist State, local, and tribal governments in responding to acts of 
terrorism, natural disasters, and other emergencies.
    ``(b) Administration of the System.--
            ``(1) Task force participation.--The Under Secretary for 
        Emergency Management shall select eligible urban search and 
        rescue teams that are sponsored by State and local government 
        entities to participate as task forces in the System. The Under 
        Secretary shall determine the criteria for such participation.
            ``(2) Agreements with sponsoring agencies.--The Under 
        Secretary shall enter into an agreement with the State or local 
        government entity that sponsors each search and rescue team 
        selected under paragraph (1) with respect the team's 
        participation as a task force in the System.
            ``(3) Urban search and rescue team personnel.--Personnel of 
        an urban search and rescue team that participates as a task 
        force under this section may be--
                    ``(A) personnel of the State or local government 
                sponsor; or
                    ``(B) personnel of any other Federal, State, or 
                local government entity that enters into a 
                participation agency agreement with the State or local 
                government sponsor of the team.
            ``(4) Management and technical teams.--The Under Secretary 
        shall maintain such management and other technical teams as are 
        necessary to administer the System.
    ``(c) Advisory Committee.--
            ``(1) In general.--The Under Secretary shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Under Secretary with respect to 
        administering the System.
            ``(2) Composition.--The advisory committee shall be 
        geographically diverse, and shall include, at a minimum--
                    ``(A) the chief officer or senior executive from 
                each of at least three State or local governments that 
                sponsor urban search and rescue teams selected to 
                participate in the System as task forces;
                    ``(B) the senior emergency manager from each of at 
                least two States in which such local governments are 
                located; and
                    ``(C) at least one representative selected by the 
                leaders of the task forces.
            ``(3) Termination.--The advisory committee shall terminate 
        on the date that is two years after the date of the enactment 
        of the National Emergency Management Reform and Enhancement Act 
        of 2006.

``SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    ``(a) In General.--There is in the Department a Metropolitan 
Medical Response System. Under the System, the Assistant Secretary for 
Grants and Planning shall administer grants to develop, maintain, and 
enhance medical preparedness systems that are capable of responding 
effectively during the initial hours of a public health crisis or mass-
casualty event caused by an act of terrorism, natural disaster, or 
other emergency.
    ``(b) Use of Funds.--The Metropolitan Medical Response System shall 
make grants to local governments to enhance any of the following 
activities:
            ``(1) Medical surge capacity.
            ``(2) Mass prophylaxis.
            ``(3) Chemical, biological, radiological, nuclear, and 
        explosive detection, response, and decontamination 
        capabilities.
            ``(4) Emergency communications capabilities.
            ``(5) Information sharing and collaboration capabilities.
            ``(6) Regional collaboration.
            ``(7) Triage and pre-hospital treatment.
            ``(8) Medical supply management and distribution.
            ``(9) Fatality management.
            ``(10) Such other activities as the Secretary may provide.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2007 through 2010.

``SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Emergency Management, may make grants for the purposes of 
administering the Emergency Management Assistance Compact consented to 
by Public Law 104-321.
    ``(b) Uses.--A grant under this section shall be used--
            ``(1) to carry out recommendations identified in after-
        action reports for the 2004 and 2005 hurricane season issued 
        under the Emergency Management Assistance Compact;
            ``(2) to coordinate with the Department and other Federal 
        Government agencies; or
            ``(3) to coordinate with State and local government 
        entities and their respective national associations.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each fiscal year. Amounts appropriated under this section shall remain 
available for 3 fiscal years.

                 ``Subtitle D--Emergency Communications

``SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS.

    ``(a) In General.--There is in the Department an Office of 
Emergency Communications, which shall be under the authority of the 
Under Secretary for Emergency Management.
    ``(b) Assistant Secretary.--The head of the office shall be the 
Assistant Secretary for Emergency Communications.
    ``(c) Responsibilities.--The Assistant Secretary for Emergency 
Communications shall--
            ``(1) assist the Secretary in developing and implementing 
        the program described in section 7303(a)(1) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(a)(1)), except as provided in section 5 of the National 
        Emergency Management Reform and Enhancement Act of 2006;
            ``(2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program;
            ``(3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
            ``(4) coordinate, as appropriate, with the Assistant 
        Secretary for Cybersecurity and Telecommunications, regarding 
        the administration of the National Communications System;
            ``(5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies;
            ``(6) provide technical assistance to State, regional, 
        local, and tribal officials with respect to use of 
        interoperable emergency communications capabilities;
            ``(7) facilitate the creation of Regional Emergency 
        Communications Coordination Working Groups under section 565;
            ``(8) promote the development of standard operating 
        procedures with respect to use of interoperable emergency 
        communications capabilities for incident response and 
        facilitate the sharing of information on best practices 
        (including from governments abroad) for achieving, maintaining, 
        and enhancing interoperable emergency communications 
        capabilities for such response;
            ``(9) coordinate the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of backup communications 
        services in the event of a catastrophic loss of local and 
        regional emergency communications services;
            ``(10) assist the President, the National Security Council, 
        the Homeland Security Council, the Director of the Office of 
        Science and Technology Policy, and the Director of the Office 
        of Management and Budget in ensuring the operability of the 
        telecommunications functions and responsibilities of the 
        Federal Government;
            ``(11) establish requirements for total and nonproprietary 
        interoperable emergency communications capabilities for all 
        public safety radio and data communications systems and 
        equipment;
            ``(12) help to establish an integrated national public 
        alert and warning system that incorporates legacy systems; and
            ``(13) review, in consultation with Assistant Secretary for 
        Grants and Planning, all interoperable emergency communications 
        plans of Federal, State, local, and tribal governments, 
        including Statewide and tactical interoperability plans.
    ``(d) Performance of Previously Transferred Functions.--There is 
transferred to the Secretary the authority to administer, through the 
Assistant Secretary for Emergency Communications, the following:
            ``(1) The SAFECOM Program.
            ``(2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
            ``(3) The Interoperable Communications Technical Assistance 
        Program.
    ``(e) Coordination.--The Assistant Secretary shall coordinate, as 
appropriate, with the Director of the Office for Interoperability and 
Compatibility the responsibilities described in section 104 of the 
National Emergency Management Reform and Enhancement Act of 2006.
    ``(f) Sufficiency of Resources.--The Secretary shall provide the 
Office of Emergency Communications the resources and staff necessary to 
carry out the responsibilities under this section.

``SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Emergency Communications, shall, not later than one year 
after the completion of the baseline assessment under section 563, and 
in cooperation with State, local, and tribal governments, Federal 
departments and agencies, emergency response providers, emergency 
response support responders, and the private sector, develop a National 
Emergency Communication Strategy to achieve interoperable emergency 
communications.
    ``(b) Contents.--The national strategy shall--
            ``(1) include a national interoperable emergency 
        communication inventory that--
                    ``(A) identifies for each Federal department and 
                agency--
                            ``(i) the channels and frequencies used;
                            ``(ii) the nomenclature used to refer to 
                        each channel or frequency used; and
                            ``(iii) the types of communications system 
                        and equipment used;
                    ``(B) identifies the interoperable emergency 
                communication systems in use for public safety systems 
                in the United States; and
                    ``(C) provides a listing of public safety mutual 
                aid channels in operation and their ability to connect 
                to an interoperable communications system;
            ``(2) include, in consultation with the National Institute 
        of Standards and Technology, a process for expediting national 
        voluntary consensus-based emergency communications equipment 
        standards for the purchase and use by public safety agencies of 
        interoperable emergency communications equipment and 
        technologies;
            ``(3) identify the appropriate interoperable emergency 
        communications capabilities necessary for Federal, State, 
        local, and tribal governments to operate at all threat levels;
            ``(4) address both short-term and long-term solutions to 
        achieving Federal, State, local, and tribal interoperable 
        emergency communications systems, including provision of 
        commercially available equipment that facilitates operability, 
        interoperability, coordination, and integration among existing 
        emergency communications systems;
            ``(5) identify how Federal Government departments and 
        agencies that respond to acts of terrorism, natural disasters, 
        and other emergencies can work effectively with State, local, 
        and tribal governments, in all States, and such other entities 
        as are necessary to implement the strategy;
            ``(6) include measures to identify and overcome all 
        obstacles to achieving interoperable emergency communications; 
        and
            ``(7) set goals and establish timeframes for the 
        achievement of an emergency, command-level communication system 
        based on existing equipment across the United States and 
        develop a timetable for a nationwide interoperable emergency 
        communications system.

``SEC. 563. ASSESSMENTS AND REPORTS.

    ``(a) Baseline Operability and Interoperability Assessment.--The 
Secretary, acting through the Assistant Secretary for Emergency 
Communications, shall periodically, but not less than every 5 years, 
conduct an assessment of Federal, State, local, and tribal governments, 
to--
            ``(1) define the range of operable and interoperable 
        emergency communications capabilities needed for specific 
        events;
            ``(2) assess the current capabilities to meet such 
        communications needs;
            ``(3) identify the gap between such current capabilities 
        and defined requirements;
            ``(4) determine the degree to which interoperable emergency 
        communications has been achieved to date and ascertain the 
        needs that remain for interoperability to be achieved;
            ``(5) assess the ability of communities to provide and 
        maintain interoperable emergency communications among emergency 
        response providers, emergency response support providers, and 
        government officials in the event of acts of terrorism, natural 
        disasters, or other emergencies, including Incidents of 
        National Significance declared by the Secretary under the 
        National Response Plan, and where there is substantial damage 
        to ordinary communications infrastructure or sustained loss of 
        electricity;
            ``(6) compile a list of best practices among communities 
        for providing and maintaining interoperable emergency 
        communications in the event of acts of terrorism, natural 
        disasters, or other emergencies; and
            ``(7) evaluate the feasibility and desirability of the 
        Department developing, on its own or in conjunction with the 
        Department of Defense, a mobile communications capability, 
        modeled on the Army Signal Corps, that could be deployed to 
        support emergency communications at the site of acts of 
        terrorism, natural disasters, or other emergencies.
    ``(b) Annual Report.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Secretary, 
acting through the Assistant Secretary for Emergency Communications, 
shall submit to Congress a report on the Department's progress in 
implementing and achieving the goals of this section, including a 
description of the findings of the nationwide assessment conducted 
under subsection (a).

``SEC. 564. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT 
              PROGRAMS.

    ``(a) Assessment of Grants and Standards Programs.--The Secretary, 
acting through Assistant Secretary for Emergency Communications, shall 
assess Federal grants and standards programs managed by other Federal 
departments and agencies to--
            ``(1) integrate and coordinate Federal grant guidelines for 
        the use of Federal homeland security assistance relating to 
        interoperable emergency communications;
            ``(2) assess and make recommendations to ensure that such 
        guidelines are consistent with the mission of the Office of 
        Emergency Communications; and
            ``(3) assess and make recommendations to ensure conformity 
        with the goals and objectives identified in the National 
        Emergency Communications Strategy.
    ``(b) Denial of Eligibility for Grants.--
            ``(1) In general.--The Secretary, acting through Assistant 
        Secretary for Grants and Planning, and in consultation with the 
        Assistant Secretary for Emergency Communications, may prohibit 
        any State, local, or tribal government from using Federal 
        homeland security assistance administered by the Department to 
        achieve, maintain, or enhance interoperable emergency 
        communications capabilities, if--
                    ``(A) such government has not complied with the 
                requirement to submit a Statewide Interoperable 
                Communications Plans as required by section 7303(f) of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(f)); and
                    ``(B) within three years after the date of the 
                enactment of this section, national voluntary consensus 
                standards for interoperable emergency communications 
                capabilities have not been developed and promulgated.
            ``(2) Standards.--The Secretary, in coordination with other 
        Federal departments and agencies with responsibility for 
        standards shall develop, promulgate, and revise national 
        voluntary consensus standards on interoperable emergency 
        communications within 4 years after the date of the enactment 
        of this section, if the requirements of paragraph (1)(B) have 
        not been satisfied.
    ``(c) Transfer of Functions.--Not later than 60 days after the date 
of the enactment of this subsection, the President shall transfer to 
the Assistant Secretary for Emergency Communications the functions 
authorized by section 3006 of the Deficit Reduction Act of 2006 (Public 
Law 109-71; 120 Stat. 24), including the authority to borrow under 
3006(b) of that Act.

``SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

    ``(a) In General.--There is in each Regional Office under section 
504 a Regional Emergency Communications Coordination Working Group (in 
this section referred to as an `RECC Working Group').
    ``(b) Subject Matter Experts.--The RECC Working Group shall consist 
of the following:
            ``(1) Non-federal.--Organizations representing the 
        interests of the following:
                    ``(A) State officials.
                    ``(B) Local elected officials.
                    ``(C) State police departments.
                    ``(D) Local police departments.
                    ``(E) Local fire departments.
                    ``(F) Public safety answering points (9-1-1 
                services).
                    ``(G) Communications equipment vendors (including 
                broadband data service providers).
                    ``(H) Hospitals.
                    ``(I) Public utility services.
                    ``(J) Local exchange carriers.
                    ``(K) Local broadcast media.
                    ``(L) Wireless carriers.
                    ``(M) Satellite communications services.
                    ``(N) Emergency evacuation transit services.
                    ``(O) Ambulance services.
                    ``(P) HAM and amateur radio operators.
                    ``(Q) Emergency Managers, Homeland Security 
                Directors, or representatives of State Administrative 
                Agencies.
                    ``(R) Other emergency response providers or 
                emergency support providers as deemed appropriate.
            ``(2) Federal.--Representatives from the Department and 
        other Federal departments and agencies with responsibility for 
        coordinating interoperable emergency communications with or 
        providing emergency support services to State, local, and 
        tribal governments.
    ``(c) Duties.--The duties of each RECC Working Group shall 
include--
            ``(1) assessing the survivability, sustainability, and 
        interoperability of local emergency communications systems to 
        meet the goals of the National Emergency Communications 
        Strategy;
            ``(2) reporting annually to the Assistant Secretary for 
        Emergency Communications on the status of its region in 
        building a robust and sustainable interoperable voice and data 
        emergency communications network and on the progress of the 
        region in meeting the goals of the National Emergency 
        Communications Strategy under section 562 when such Strategy in 
        complete;
            ``(3) coordinating the establishment of an effective multi-
        jurisdictional, multi-agency emergency communications network 
        for use during acts of terrorism, natural disasters, and other 
        emergencies through the expanded use of emergency management 
        and public safety communications mutual aid agreements; and
            ``(4) coordinating the establishment of Federal, State, 
        local, and tribal support services and networks designed to 
        address the immediate and critical human needs in responding to 
        acts of terrorism, natural disasters, and other emergencies.

``SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

    ``(a) Establishment.--There is established the Emergency 
Communications Preparedness Center (in this section referred to as the 
`Center').
    ``(b) Operation.--
            ``(1) In general.--The Secretary, the Chairman of the 
        Federal Communication Commission, the Secretary of Defense, the 
        Secretary of Commerce, the Attorney General, and the heads of 
        other Federal departments and agencies or their designees shall 
        jointly operate the Center in accordance with the Memorandum of 
        Understanding entitled, `Emergency Communications Preparedness 
        Center (ECPC) Charter'.
            ``(2) Chair.--The Secretary shall be the Chair of the 
        Center.
    ``(c) Functions.--The Center shall--
            ``(1) serve as the focal point for interagency efforts to 
        address operable and interoperable communications;
            ``(2) serve as a clearinghouse with respect to all relevant 
        information regarding intergovernmental efforts to achieve 
        nationwide interoperable emergency communications capabilities;
            ``(3) ensure cooperation among the relevant Federal 
        Government departments and agencies to improve effectiveness in 
        the communication and implementation of the goals of the 
        National Emergency Communications Strategy, including 
        specifically by working to avoid duplication, hindrances, and 
        counteractive efforts among the participating Federal 
        departments and agencies;
            ``(4) prepare and submit to Congress, on an annual basis, a 
        strategic assessment regarding the efforts of Federal 
        departments and agencies to implement the National Emergency 
        Communications Strategy; and
            ``(5) perform such other functions as the President may 
        assign.
    ``(d) Report.--Not later than 180 days after the date of the 
enactment of this section, the President shall transmit to the Congress 
a report regarding the implementation of this section, including a 
description of the staffing and resource needs of the Center.

``SEC. 567. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.

    ``(a) In General.--The Secretary, in consultation with the Chairman 
of the Federal Communications Commission and the Secretary of Defense, 
and with appropriate State, local, and tribal government officials, 
shall provide technical guidance, training, and other assistance, as 
appropriate, to support the rapid establishment of consistent, secure, 
and effective interoperable emergency communications capabilities in 
the event of an emergency in urban and other areas determined by the 
Secretary to be at consistently high levels of risk from terrorist 
attack.
    ``(b) Minimum Capabilities.--The interoperable emergency 
communications capabilities established under subsection (a) shall 
ensure the ability of all levels of government, emergency response 
providers, emergency response support providers, the private sector, 
and other organizations with emergency response capabilities--
            ``(1) to communicate with each other in the event of an 
        emergency;
            ``(2) to have appropriate and timely access to the 
        Information Sharing Environment described in section 1016 of 
        the National Security Intelligence Reform Act of 2004 (6 U.S.C. 
        321); and
            ``(3) to be consistent with any applicable State or Urban 
        Area homeland strategy or plan.

``SEC. 568. INTEGRATED NATIONAL ALERT AND WARNING SYSTEM.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Emergency Communications, and in coordination with the 
head of any Federal department or agency that possesses or acquires 
alert and warning capabilities, including the Departments of Commerce 
and Defense and the Federal Communications Commission, shall develop, 
manage, operate, and coordinate an integrated national public alert and 
warning system that incorporates legacy systems.
    ``(b) Requirements.--Such system shall--
            ``(1) be operational within 3 years of the date of 
        enactment of this section;
            ``(2) ensure effective collaboration with State, local, and 
        tribal governments;
            ``(3) complement and provide interoperability with State, 
        local, and tribal public alert and warning systems;
            ``(4) ensure the interoperability of commercially available 
        equipment for radio and data communications systems;
            ``(5) carry alert and warning messages for acts of 
        terrorism, natural disasters, and other emergencies;
            ``(6) conduct regular internal training and exercises on 
        generating and disseminating public alert and warning messages;
            ``(7) support public education and outreach to increase 
        community awareness of the integrated national alert and 
        warning system;
            ``(8) incorporate, to the maximum extent possible, 
        technologies and systems that warn and support the unique needs 
        faced by persons with disabilities or language barriers;
            ``(9) develop public-private partnerships to--
                    ``(A) leverage government and industry needs, 
                capabilities, and resources necessary to delivery 
                effective disaster warnings;
                    ``(B) facilitate the development, promulgation, and 
                regular updating of national voluntary consensus 
                standards for public alert and warning technologies;
                    ``(C) identify, in consultation with the Assistant 
                Secretary for Infrastructure Protection and the 
                Assistant Secretary for Cybersecurity and 
                Telecommunications, critical infrastructure and key 
                resources necessary to provide accurate, survivable, 
                and sustainable public alerts and warnings;
                    ``(D) incorporate private sector threat information 
                sharing into Federal, State, and local alert and 
                warning systems; and
                    ``(E) ensure continuity of operations plans are in 
                place to minimize the disruption to communications 
                infrastructure used for the dissemination of public 
                alerts and warnings;
            ``(10) promulgate standard operating procedures and 
        protocols for the integrated national public alert and warning 
        system; and
            ``(11) identify and incorporate existing, new, and emerging 
        technologies, including the utilization of both satellite and 
        ground based alert and warning distribution networks to provide 
        redundant, timely, and accurate public alerts and warnings.
    ``(c) Implementation Plan.--The Secretary, acting through the 
Assistant Secretary for Emergency Communications, shall develop an 
implementation plan for this section within 180 days after the 
enactment of this section.

                   ``Subtitle E--Emergency Logistics

``SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Emergency Management, shall establish a Prepositioned 
Equipment Program to preposition standardized emergency equipment in 
selected geographic areas to sustain and replenish critical assets used 
by State, local, or tribal governments in response to, or rendered 
inoperable by the effects of, acts of terrorism, natural disasters, or 
other emergencies.
    ``(b) Force Packages.--As part of the Program, the Secretary shall 
establish a number of force packages. Each force package shall--
            ``(1) contain preposition-standardized equipment and 
        frequently used off-the-shelf items;
            ``(2) be strategically located and maintained at logistics 
        centers in no less than 11 regions and, to the extent 
        practicable, co-located with the push packages of the Strategic 
        National Stockpile;
            ``(3) be rapidly deployable to any major population area 
        within at least 12 hours; and
            ``(4) be easily transportable by air, land, or water.
    ``(c) Types of Equipment Included.--Each force package shall 
include--
            ``(1) personal protective equipment;
            ``(2) detection equipment;
            ``(3) decontamination equipment;
            ``(2) search and rescue equipment;
            ``(3) medical equipment and supplies;
            ``(4) communications equipment; and
            ``(5) any additional devices, tools, supplies, and material 
        most likely needed by initial on-scene emergency response 
        providers.
    ``(d) Support Teams.--Each force package shall be staffed by 
qualified and trained personnel who reside in the region. Such 
personnel shall--
            ``(1) be available to respond to emergencies when 
        necessary;
            ``(2) provide life-cycle management and maintenance of 
        equipment; and
            ``(3) perform associated logistics, including equipment 
        maintenance and calibration.
    ``(e) Procedures for Deployment of Force Packages.--The Secretary, 
acting through the Under Secretary, shall deploy force packages to 
State, local, and tribal officials when--
            ``(1) a State or local government entity, through the 
        Governor of the State, or a tribal government entity, makes a 
        request for the transfer deployment of a force package; and
            ``(2) the Under Secretary approves such request.
    ``(f) Coordination.--In carrying out the Prepositioned Equipment 
Program under this section, the Secretary shall coordinate with the 
Secretaries of Defense and Health and Human Services and with the heads 
of such other Federal departments and agencies as the Secretary 
determines are appropriate.

``SEC. 582. NATIONAL ASSET INVENTORY PROGRAM.

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

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

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

``SEC. 584. FRAUD PREVENTION TRAINING PROGRAM.

    ``(a) Training Program Required.--The Secretary, acting through the 
Under Secretary for Emergency Management, shall develop and implement a 
program to provide training on the prevention of waste, fraud, and 
abuse of Federal assistance funds and services during the response to 
or recovery from acts of terrorism, natural disasters, or other 
emergencies and ways to identify such potential waste, fraud, and 
abuse.
    ``(b) Individuals Eligible for Training.--Under the training 
program required under subsection (a), the Secretary may provide 
training to--
            ``(1) employees, contractors, and volunteers of the Federal 
        Government;
            ``(2) employees and volunteers of any State, local, or 
        tribal government entity; and
            ``(3) employees and volunteers of non-profit organizations 
        that assist in the administration of Federal assistance funds 
        and services provided in response to acts of terrorism, natural 
        disasters, or other national emergencies.
    ``(c) Information Sharing.--Any State, local, or tribal government 
entity or non-profit entity that provides Federal assistance funds or 
services to individuals affected by acts of terrorism, natural 
disasters, or other emergencies may share information with the Federal 
Government, in a manner consistent with Federal Privacy Act 
protections, about any recipient of such assistance, at the request of 
the head of a Federal department or agency, for the purpose of 
preventing fraud and abuse of Federal assistance.

       ``Subtitle F--Infrastructure Protection and Cybersecurity

``SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION.

    ``(a) In General.--There is in the Department an Office of 
Infrastructure Protection under the authority of the Under Secretary 
for Emergency Management.
    ``(b) Assistant Secretary for Infrastructure Protection.--The head 
of the Office shall be the Assistant Secretary for Infrastructure 
Protection. The Assistant Secretary shall report directly to the Under 
Secretary for Emergency Management.
    ``(c) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding infrastructure protection. Such responsibilities shall 
include the following:
            ``(1) To identify and carry out comprehensive risk 
        assessments of key resources and critical infrastructure of the 
        United States, to determine the risks posed by particular types 
        of terrorist attacks within the United States (including an 
        assessment of the probability of success of such attacks and 
        the feasibility and potential efficacy of various 
        countermeasures to such attacks).
            ``(2) To develop and maintain a comprehensive national plan 
        for securing the key resources and critical infrastructure of 
        the United States, in accordance with Homeland Security 
        Presidential Directive 7.
            ``(3) To recommend measures necessary to protect the key 
        resources and critical infrastructure of the United States in 
        coordination with other Federal Departments and agencies and in 
        consultation with State, local, and tribal government agencies 
        and authorities, and the private sector.
            ``(4) To coordinate and implement, as appropriate, 
        preparedness efforts to ensure that critical infrastructure and 
        key resources efforts are fully integrated and coordinated with 
        the response and recovery activities of the Department.
            ``(5) To establish and maintain partnerships and 
        information sharing processes with Federal, State, local, and 
        tribal governments, the private sector, and international 
        governments and organizations to enhance coordination of 
        critical infrastructure and key resource efforts.
            ``(6) To coordinate with the Under Secretary for 
        Intelligence and Analysis and elements of the intelligence 
        community and with Federal, State, local, and tribal law 
        enforcement agencies, and the private sector, as appropriate.
            ``(7) To provide the Secretary with an annual summary of 
        national critical infrastructure protection efforts and 
        priorities and to provide, in consultation with the Assistant 
        Secretary for Grants and Planning, recommendations for Federal 
        critical infrastructure protection funding.
            ``(8) In carrying out responsibilities under paragraphs (1) 
        and (2), to consult with other Federal, State, local, and 
        tribal government agencies and authorities as appropriate.
            ``(9) To perform other such duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Integration Center.--
            ``(1) In general.--There is an Integration Center in the 
        Office of Infrastructure Protection, which shall be staffed by 
        the Office of Infrastructure Protection, the Office of 
        Cybersecurity and Telecommunications, and the Office of 
        Intelligence and Analysis.
            ``(2) Responsibilities.--The Integration Center shall--
                    ``(A) be responsible for the integration of 
                relevant threat, consequence, and vulnerability 
                information, analysis, and assessments (whether such 
                information, analysis, or assessments are provided or 
                produced by the Department or others) in order to 
                identify priorities for protective and support measures 
                by the Department, other Federal departments and 
                agencies, State, local, and tribal government agencies 
                and authorities, the private sector, and other 
                entities; and
                    ``(B) develop and disseminate analytical products 
                that combine homeland security information with 
                critical infrastructure and key resource vulnerability 
                and consequence information.
            ``(3) Critical infrastructure information.--The Secretary 
        shall ensure that the Department makes full and efficient use 
        of open-source information to analyze United States critical 
        infrastructure from the perspective of terrorists using 
        publicly available information.
    ``(e) Staff.--
            ``(1) In general.--The Secretary shall ensure that the 
        Office has staff that possess appropriate expertise and 
        experience to assist the Assistant Secretary in discharging 
        responsibilities under this section.
            ``(2) Private sector staff.--Staff under this subsection 
        may include individuals from the private sector.
            ``(3) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(f) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal departments and agencies may be detailed to the 
        Department for the performance of analytic functions and 
        related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(g) Reprogramming.--The Secretary may not reprogram any funds 
allocated to the Office of Infrastructure Protection until 60 days 
after the Secretary submits to the Committees on Appropriations of the 
Senate and House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee on Homeland 
Security of the House of Representatives written notification of the 
reprogramming.

``SEC. 592. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS.

    ``(a) In General.--There is in the Department an Office of 
Cybersecurity and Telecommunications under the authority of the Under 
Secretary for Emergency Management.
    ``(b) Assistant Secretary for Cybersecurity and 
Telecommunications.--The head of the Office shall be the Assistant 
Secretary for Cybersecurity and Telecommunications. The Assistant 
Secretary shall report directly to the Under Secretary for Emergency 
Management.
    ``(c) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding cybersecurity and telecommunications. Such responsibilities 
shall include the following:
            ``(1) To carry out the duties of the National Cyber 
        Security Division.
            ``(2) To carry out, in coordination with the Assistant 
        Secretary for Emergency Communications, as appropriate, the 
        duties of the National Communications System.
            ``(3) To assist the Assistant Secretary for Infrastructure 
        Protection in developing and maintaining a comprehensive 
        national plan for securing the key resources and critical 
        infrastructure of the United States with respect to 
        cybersecurity and telecommunications, in accordance with 
        Homeland Security Presidential Directive 7.
            ``(4) To consult and coordinate with the Assistant 
        Secretary for Infrastructure Protection, the Under Secretary 
        for Science and Technology, and, where appropriate, other 
        relevant Federal departments and agencies, on security of 
        digital control systems, such as Supervisory Control and Data 
        Acquisition (SCADA) systems.
            ``(5) To perform other such duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Staff.--
            ``(1) In general.--The Secretary shall provide the Office 
        with staff having appropriate expertise and experience to 
        assist the Assistant Secretary in discharging responsibilities 
        under this section.
            ``(2) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(e) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal departments and agencies may be detailed to the 
        Department for the performance of analytic functions and 
        related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(f) Reprogramming.--The Secretary may not reprogram any funds 
allocated to the Office of Cybersecurity and Telecommunications until 
60 days after the Secretary submits to the Committees on Appropriations 
of the Senate and House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives written notification 
of the reprogramming.''.
    (b) Clerical Amendments.--The items relating to title V in the 
table of contents in section 1(b) of the Homeland Security Act of 2002 
are amended to read as follows:

                    ``TITLE V--EMERGENCY MANAGEMENT

           ``Subtitle A--Directorate of Emergency Management

``Sec. 501. Directorate of Emergency Management.
``Sec. 502. Responsibilities of the Under Secretary.
``Sec. 503. Principal advisor on emergency management.
``Sec. 504. Regional offices.
``Sec. 505. Chief Medical Officer.
``Sec. 506. Office of State, Local, and Tribal Government Coordination.
``Sec. 507. Office of National Capital Region Coordination.
``Sec. 508. National Advisory Council on Emergency Management.
``Sec. 509. Reorganization of Directorate.
                  ``Subtitle B--Emergency Preparedness

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

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

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

``Sec. 581. Prepositioned equipment program.
``Sec. 582. National Asset Inventory Program.
``Sec. 583. Small business database for Federal contracting related to 
                            major disasters and emergency assistance 
                            activities.
``Sec. 584. Fraud prevention training program.
       ``Subtitle F--Infrastructure Protection and Cybersecurity

``Sec. 591. Office of Infrastructure Protection.
``Sec. 592. Office of Cybersecurity and Telecommunications.''.

SEC. 102. GULF COAST LONG-TERM RECOVERY OFFICE.

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

SEC. 103. NATIONAL DISASTER MEDICAL SYSTEM.

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

SEC. 104. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

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

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

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

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

SEC. 105. INTELLIGENCE ANALYSTS.

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

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

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

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

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

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

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

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

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

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

SEC. 109. DEFINITIONS.

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

SEC. 110. CONFORMING AMENDMENTS.

    (a) Repeals.--The following provisions of the Homeland Security Act 
of 2002 are repealed:
            (1) Section 430.
            (2) Subtitle A of title VIII.
            (3) Section 882.
    (b) Other Conforming Amendments.--
            (1) Under secretary.--Section 103(a) is amended--
                    (A) in paragraph (5), by striking ``Preparedness 
                and Response'' and inserting ``Management''; and
                    (B) by striking paragraph (7) and redesignating 
                paragraphs (8) through (10) as paragraphs (7) through 
                (9), respectively.
            (2) Increase in number of assistant secretaries.--Section 
        103(a)(9) of such Act, as redesignated by paragraph (1)(B), is 
        amended by striking ``12'' and inserting ``17''.

              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

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

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

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

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

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

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

    (a) In General.--The Under Secretary for Emergency Management of 
the Department of Homeland Security, in consultation with the Under 
Secretary for Management, shall--
            (1) assess the role that Independent Private Sector 
        Inspectors General (popularly known as ``IPSIGs'') played in 
        preventing waste, fraud, and abuse, in contracts for goods or 
        services purchased or commissioned after the terrorist attacks 
        on the World Trade Center in New York City on September 11, 
        2001; and
            (2) report the findings of such assessment to Congress by 
        not later than one year after the date of enactment of this 
        Act.
    (b) Utilization of IPSIGs to Monitor and Provide Greater 
Accountability.--Such assessment shall include examination of how 
IPSIGs may be utilized to monitor and provide greater accountability 
for contracts using Federal funding provided in response to a terrorist 
attack, natural disaster, or other national emergency, including 
contracts for debris removal and the repair or reconstruction of 
damaged infrastructure.

SEC. 203. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE.

    (a) In General.--The Homeland Security Act of 2002 is amended by 
inserting after section 856 (6 U.S.C. 426) the following:

``SEC. 856A. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE.

    ``(a) Recipients of Federal Assistance.--
            ``(1) In general.--Each State, local, tribal, and non-
        profit entity that receives Federal assistance funds in 
        response to acts of terrorism, natural disasters, or other 
        emergencies shall report to the pertinent Federal agency six 
        months after the initial disbursement of resources regarding 
        the expenditure of such funds.
            ``(2) Contents.--The report shall include a description 
        of--
                    ``(A) the projects or programs that received 
                Federal assistance;
                    ``(B) the entity administering the program or 
                project; and
                    ``(C) the dates and amounts disbursed, allocated, 
                and expended.
    ``(b) Federal Assistance Disbursing Agencies.--
            ``(1) In general.--Each Federal agency that disburses 
        Federal assistance funds in response to an act of terrorism, a 
        natural disaster, or another emergency shall report to the 
        Inspector General of the Department, acting in the Inspector 
        General's role as chairman of the President's Council on 
        Integrity and Efficiency Homeland Security Roundtable, 
        regarding the expenditure of such funds.
            ``(2) Contents.--The report shall include--
                    ``(A) names and addresses of recipient agencies;
                    ``(B) the purpose for which resources were 
                provided;
                    ``(C) the amounts disbursed, allocated, and 
                expended; and
                    ``(D) the status of reporting by agencies that 
                received disbursements (as set forth under subparagraph 
                (A).
            ``(3) Deadline.--The report shall be submitted one year 
        after the date of enactment of the appropriations Act that 
        makes the funds available, and on a recurrent basis every six 
        months thereafter until such time as all such funds are 
        expended or the Inspector General and such Council determine 
        that such reports are no longer required.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item related to section 856 
the following:

``Sec. 856a. Enhanced accountability for Federal assistance.''.

SEC. 204. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO 
              PREVENT FRAUD, WASTE, AND ABUSE.

    (a) In General.--The Homeland Security Act of 2002 is further 
amended by inserting after section 856a the following:

``SEC. 856B. ENHANCED INFORMATION SHARING AMONG FEDERAL AGENCIES TO 
              PREVENT FRAUD, WASTE, AND ABUSE.

    ``(a) Confirmation of Identity and Eligibility of Applicants.--Any 
Federal, State, local, or tribal agency that disburses Federal grants, 
loans, services, and other assistance in response to or for the 
recovery from acts of terrorism, natural disasters, or other 
emergencies, shall make reasonable efforts to confirm the identity and 
eligibility of the applicant for such assistance without placing undue 
burden on the applicant.
    ``(b) Consent to Access.--
            ``(1) Inclusion on application materials.--The Federal, 
        State, local, or tribal agency may include provisions on 
        application materials for grants, loans, services, and other 
        assistance that would allow access to Internal Revenue Service 
        information (IRS Form 8821 Tax Information Authorization) and 
        other relevant Federal databases, to allow government agencies 
        to share information and enhance the accuracy and expedite the 
        delivery of assistance to applicants.
            ``(2) Consent not required.--Any applicant who declines to 
        consent to the sharing of such information shall not be denied 
        assistance or otherwise penalized for that reason.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item related to 
section 856a the following:

``Sec. 856b. Enhanced information sharing among Federal agencies to 
                            prevent fraud, waste, and abuse. ''.

SEC. 205. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY.

    (a) In General.--Subtitle B of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 371) is amended by adding at the end the 
following:

``SEC. 813. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND RECOVERY.

    ``(a) Establishment.--There is established the position of Deputy 
Inspector General for Response and Recovery within the Office of the 
Inspector General of the Department.
    ``(b) Appointment.--The Deputy Inspector General shall be 
appointed--
            ``(1) by the Inspector General of the Department; and
            ``(2) solely on the basis of integrity and demonstrated 
        ability in accounting, auditing, financial analysis, law, 
        management analysis, public administration, or investigations.
    ``(c) Reporting and Status as SES Position.--The Deputy Inspector 
General--
            ``(1) shall report to, and be under the direct authority 
        and supervision of, the Inspector General; and
            ``(2) the Deputy Inspector General shall serve as a career 
        member of the Senior Executive Service.
    ``(d) Duties.--
            ``(1) Audits and investigations.--The deputy Inspector 
        General shall, in coordination with inspectors general of other 
        departments, as appropriate, conduct, supervise, and coordinate 
        audits and investigations of the treatment, handling, and 
        expenditure of amounts appropriated or otherwise made available 
        for response to and recovery from an act of terrorism, natural 
        disaster, or other emergency by the Federal Government, and of 
        the programs, operations, and contracts carried out utilizing 
        such funds, including--
                    ``(A) the oversight and accounting of the 
                obligation and expenditure of such funds;
                    ``(B) the monitoring and review of reconstruction 
                activities funded by such funds;
                    ``(C) the monitoring and review of contracts by 
                such funds;
                    ``(D) the monitoring and review of the transfer of 
                such funds and associated information between and among 
                departments, agencies, and entities of the United 
                States, and private nongovernmental entities; and
                    ``(E) the maintenance of records on the use of such 
                funds to facilitate future audits and investigations of 
                such funds.
            ``(2) Fraud tip line.--The Deputy Inspector General shall 
        ensure that not more than 48 hours after a terrorist attack, 
        natural disaster, or other national emergency, the Office of 
        the Inspector General institutes and publicizes a Fraud Tip 
        Line to facilitate the collection of allegations of waste, 
        fraud, and abuse of Federal assistance funds.
            ``(3) Avoidance of duplication.--The Deputy Inspector 
        General shall ensure, to the greatest extent possible, that the 
        activities of the Deputy Inspector General do not duplicate 
        audits and investigations of Inspectors General and other 
        auditors of Federal departments and agencies, and State and 
        local government entities.
            ``(4) Coordination with fbi.--The Deputy Inspector General 
        shall ensure that investigative activities under this section 
        are coordinated with the Federal Bureau of Investigation.
    ``(e) Financial Management Matters.--In order to assist the Deputy 
Inspector General for the purposes of carrying out this section, all 
agencies receiving or distributing Federal funds to respond to acts of 
terrorism, natural disasters, or other emergencies shall establish and 
maintain budgetary procedures to distinguish funds related to response 
and relief efforts from other agency funds.
    ``(f) Funding.--There is authorized to be appropriated for 
operations of the Office of the Deputy Inspector General $11,000,000 
for each fiscal year.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item related to 
section 812 the following:

``Sec. 813. Deputy Inspector General for Response and Recovery.''.
    (c) Deadline for Appointment.--The Inspector General of the 
Department of Homeland Security shall appoint the Deputy Inspector 
General under this section not later than 60 days after the date of 
enactment of this Act.

SEC. 206. PROTECTION OF DEPARTMENT OF HOMELAND SECURITY OFFICIAL SEAL 
              AND INSIGNIA.

     Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is 
amended by adding at the end the following new subsection:
    ``(d) Protection of Name, Initials, Insignia, and Seal.--
            ``(1) In general.--Except with the written permission of 
        the Secretary, no person may knowingly use, in connection with 
        any advertisement, commercial activity, audiovisual production 
        (including film or television production), impersonation, 
        Internet domain name, Internet e-mail address, or Internet web 
        site, merchandise, retail product, or solicitation in a manner 
        reasonably calculated to convey the impression that the 
        Department or any organizational element of the Department has 
        approved, endorsed, or authorized such use, any of the 
        following (or any colorable imitation thereof):
                    ``(A) The words `Department of Homeland Security', 
                the initials `DHS', the insignia or seal of the 
                Department, or the title `Secretary of Homeland 
                Security'.
                    ``(B) The name, initials, insignia, or seal of any 
                organizational element (including any former such 
                element) of the Department, or the title of any other 
                officer or employee of the Department, notice of which 
                has been published by the Secretary of Homeland 
                Security in accordance with paragraph (3).
            ``(2) Civil action.--Whenever it appears to the Attorney 
        General that any person is engaged or is about to engage in an 
        act or practice that constitutes or will constitute conduct 
        prohibited by subsection (d)(1), the Attorney General may 
        initiate a civil proceeding in a district court of the United 
        States to enjoin such act or practice. Such court shall proceed 
        as soon as practicable to the hearing and determination of such 
        action and may, at any time before final determination, enter 
        such restraining orders or prohibitions, or take such other 
        actions as is warranted, to prevent injury to the United States 
        or to any person or class of persons for whose protection the 
        action is brought.
            ``(3) Notice and publication.--The notice and publication 
        to which paragraph (1)(B) refers is a notice published in the 
        Federal Register including the name, initials, seal or class of 
        titles protected under paragraph (1)(B) and a statement that 
        they are protected under that provision. The Secretary may 
        amend such notices from time to time as the Secretary 
        determines appropriate in the public interest and shall publish 
        such amendments in the Federal Register.
            ``(4) Audiovisual production.--For the purpose of this 
        subsection, the term `audiovisual production' means the 
        production of a work that consists of a series of related 
        images that are intrinsically intended to be shown by the use 
        of machines or devices such as projectors, viewers, or 
        electronic equipment, together with accompanying sounds, if 
        any, regardless of the nature of the material objects, such as 
        films or tapes, in which the work is embodied.''.
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