I 

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 BROWNWAITE 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘National Emergency Management Reform and Enhance4 ment Act of 2006’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 TITLE I—EMERGENCY 

8 MANAGEMENT 

9 SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT. 

10 (a) ESTABLISHMENT.—Title V of the Homeland Se11 curity Act of 2002 (6 U.S.C. 311 et seq.) is amended to 

12 read as follows: 


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1 ‘‘TITLE V—EMERGENCY 

2 MANAGEMENT 

3 ‘‘Subtitle A—Directorate of 

4 Emergency Management 

5 ‘‘SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT. 

6 ‘‘(a) UNDER SECRETARY FOR EMERGENCY MANAGE7 MENT.— 

8 ‘‘(1) IN GENERAL.—There is in the Department 

9 a Directorate of Emergency Management. The head 

10 of the Directorate is the Under Secretary for Emer11 gency Management, who shall be appointed by the 

12 President, by and with the advice and consent of the 

13 Senate. 

14 ‘‘(2) QUALIFICATIONS.—The individual ap15 pointed as Under Secretary shall possess a dem16 onstrated ability in and knowledge of emergency 

17 management and homeland security. 

18 ‘‘(3) RESPONSIBILITIES.—The Under Secretary 

19 shall assist the Secretary in discharging the respon20 sibilities under section 502. 

21 ‘‘(b) DEPUTY UNDER SECRETARY FOR EMERGENCY

22 PREPAREDNESS AND MITIGATION.— 

23 ‘‘(1) IN GENERAL.—There is in the Department 

24 a Deputy Under Secretary for Emergency Prepared25 ness and Mitigation, who shall be appointed by the 


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1 President, by and with the advice and consent of the 

2 Senate. 

3 ‘‘(2) QUALIFICATIONS.—The individual ap4 pointed as Deputy Under Secretary shall possess a 

5 demonstrated ability in and knowledge of emergency 

6 preparedness and mitigation. 

7 ‘‘(3) RESPONSIBILITIES.—The Deputy Under 

8 Secretary for Emergency Preparedness and Mitiga9 tion shall assist the Under Secretary for Emergency 

10 Management in discharging the responsibilities of 

11 the Under Secretary. 

12 ‘‘(c) DEPUTY UNDER SECRETARY FOR EMERGENCY

13 RESPONSE AND RECOVERY.— 

14 ‘‘(1) IN GENERAL.—There is in the Department 

15 a Deputy Under Secretary for Emergency Response 

16 and Recovery, who shall be appointed by the Presi17 dent, by and with the advice and consent of the Sen18 ate. 

19 ‘‘(2) QUALIFICATIONS.—The individual ap20 pointed as Deputy Under Secretary shall possess a 

21 demonstrated ability in and knowledge of emergency 

22 response and recovery. 

23 ‘‘(3) RESPONSIBILITIES.—The Deputy Under 

24 Secretary for Emergency Response and Recovery 

25 shall assist the Under Secretary for Emergency 


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1 Management in discharging the responsibilities of 

2 the Under Secretary. 

3 ‘‘(d) ASSISTANT SECRETARIES FOR EMERGENCY

4 MANAGEMENT.—There are in the Department the fol5 lowing Assistant Secretaries, who shall be appointed by 

6 the President, by and with the advice and consent of the 

7 Senate: 

8 ‘‘(1) An Assistant Secretary for Grants and 

9 Planning, who shall report directly to the Deputy 

10 Under Secretary for Emergency Preparedness and 

11 Mitigation. 

12 ‘‘(2) An Assistant Secretary for Training and 

13 Exercises, who shall report directly to the Deputy 

14 Under Secretary for Emergency Preparedness and 

15 Mitigation. 

16 ‘‘(3) An Assistant Secretary for Emergency 

17 Communications, who shall report directly to the 

18 Under Secretary for Emergency Management. 

19 ‘‘(4) An Assistant Secretary for Infrastructure 

20 Protection, who shall report directly to the Under 

21 Secretary for Emergency Management. 

22 ‘‘(5) An Assistant Secretary for Cybersecurity 

23 and Telecommunications, who shall report directly to 

24 the Under Secretary for Emergency Management. 


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

2 ‘‘(a) RESPONSIBILITIES.—Subject to the direction 

3 and control of the Secretary, the Under Secretary for 

4 Emergency Management shall have the primary responsi5 bility within the executive branch of Government for pre6 paring for, mitigating against, responding to, and recov7 ering from acts of terrorism, natural disasters, and other 

8 emergencies. Such responsibilities shall include the fol9 lowing: 

10 ‘‘(1) Serving as the Secretary’s principal advi11 sor on emergency preparedness, mitigation, re12 sponse, and recovery issues. 

13 ‘‘(2) Carrying out all functions and authorities 

14 prescribed by the Robert T. Stafford Disaster Relief 

15 and Emergency Assistance Act (42 U.S.C. 5121 et 

16 seq.). 

17 ‘‘(3) Coordinating the Federal response to acts 

18 of terrorism, natural disasters, or other emergencies, 

19 including coordination of— 

20 ‘‘(A) the National Emergency Response 

21 Team; 

22 ‘‘(B) the deployment of the Strategic Na23 tional Stockpile; 

24 ‘‘(C) the National Disaster Medical Sys25 tem; 


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1 ‘‘(D) the Nuclear Incident Response Team 

2 (when operating as an organizational unit of 

3 the Department pursuant to this title); 

4 ‘‘(E) the Metropolitan Medical Response 

5 System; 

6 ‘‘(F) the Urban Search and Rescue Sys7 tem; 

8 ‘‘(G) Federal Incident Response Support 

9 Teams; 

10 ‘‘(H) Management Support Teams; and 

11 ‘‘(I) the Mobile Emergency Response Sys12 tem. 

13 ‘‘(4) Overseeing and directing all of the activi14 ties of the Directorate. 

15 ‘‘(5) Develop for each fiscal year, and submit 

16 directly to the President, a prepared budget for the 

17 Directorate. 

18 ‘‘(6) Coordinating emergency preparedness, 

19 mitigation, response, and recovery activities through20 out the Department. 

21 ‘‘(7) Leading the development of an integrated 

22 national emergency management system. 

23 ‘‘(8) Coordinating preparedness, mitigation, re24 sponse, and recovery efforts at the Federal level. 


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1 ‘‘(9) Working with all State, local, tribal, and 

2 private sector emergency response providers and 

3 emergency response support providers on all matters 

4 pertaining to acts of terrorism, natural disasters, 

5 and other emergencies, including training, exercises, 

6 and lessons learned. 

7 ‘‘(10) Implementing national strategies and 

8 policies in all matters pertaining to emergency man9 agement and the protection of critical infrastructure. 

10 ‘‘(11) Establishing priorities for directing, fund11 ing, and conducting national preparedness programs, 

12 activities, and services for preventing, protecting 

13 against, mitigating against, responding to, and re14 covering from acts of terrorism, natural disasters, 

15 and other emergencies. 

16 ‘‘(12) Coordinating communications and sys17 tems of communications relating to homeland secu18 rity by and between all levels of government. 

19 ‘‘(13) Directing and supervising homeland secu20 rity financial assistance awarded by the Department 

21 to State, local, and tribal governments. 

22 ‘‘(14) Serving as an advocate for emergency 

23 preparedness across all government sectors, the pri24 vate sector, and the public. 


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1 ‘‘(15) Helping to ensure the acquisition of oper2 able and interoperable communications capabilities 

3 by Federal, State, and local governments and emer4 gency response providers. 

5 ‘‘(16) Aiding the recovery from acts of ter6 rorism, natural disasters, and other emergencies. 

7 ‘‘(17) Minimizing, to the extent practicable, 

8 overlapping planning and reporting requirements ap9 plicable to State, local, and tribal governments. 

10 ‘‘(18) Performing such other duties relating to 

11 such responsibilities as the Secretary may require. 

12 ‘‘(b) FUNCTIONS TRANSFERRED.— 

13 ‘‘(1) TRANSFER.—There are transferred to the 

14 Under Secretary for Emergency Management— 

15 ‘‘(A) the functions, personnel, assets, and 

16 liabilities of the Federal Emergency Manage17 ment Agency; and 

18 ‘‘(B) the functions, personnel, assets, and 

19 liabilities of the Directorate of Preparedness. 

20 ‘‘(2) RESPONSIBILITIES.—The Under Secretary 

21 shall carry out the responsibilities of the Director of 

22 the Federal Emergency Management Agency and 

23 the responsibilities of the Under Secretary for Pre24 paredness. 


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1 ‘‘(c) PERFORMANCE OF PREVIOUSLY TRANSFERRED

2 FUNCTIONS.—The Secretary shall perform the functions 

3 of the following entities through the Under Secretary for 

4 Emergency Management: 

5 ‘‘(1) The Integrated Hazard Information Sys6 tem (which the Secretary shall rename ‘FIRESAT’) 

7 of the National Oceanic and Atmospheric Adminis8 tration. 

9 ‘‘(2) The National Domestic Preparedness Of10 fice of the Federal Bureau of Investigation, includ11 ing the functions of the Attorney General relating 

12 thereto. 

13 ‘‘(3) The Domestic Emergency Response Teams 

14 of the Department of Justice, including the func15 tions of the Attorney General relating thereto. 

16 ‘‘(4) The Office of Emergency Preparedness, 

17 the National Disaster Medical System, and the Met18 ropolitan Medical Response System of the Depart19 ment of Health and Human Services, including the 

20 functions of the Secretary of Health and Human 

21 Services and the Assistant Secretary for Public 

22 Health Emergency Preparedness relating thereto. 

23 ‘‘(5) The United States Fire Administration 

24 and the United States Fire Academy. 


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1 ‘‘(d) REPROGRAMMING.—The Secretary may not re2 program any funds allocated to the Directorate of Emer3 gency Management without approval by the Congress. 

4 ‘‘(e) SUFFICIENCY OF RESOURCES.—The Secretary 

5 shall provide to the Under Secretary for Emergency Man6 agement the resources and staff necessary to carry out 

7 the responsibilities of the Directorate of Emergency Man8 agement under this section. 

9 ‘‘SEC. 503. PRINCIPAL ADVISOR ON EMERGENCY MANAGE10 MENT. 

11 ‘‘(a) IN GENERAL.—The Under Secretary for Emer12 gency Management shall serve as the principal advisor to 

13 the President for all matters pertaining to emergency 

14 management in the United States. 

15 ‘‘(b) CABINET STATUS.—During the effective period 

16 of an Incident of National Significance declared by the 

17 Secretary under the National Response Plan, the Under 

18 Secretary for Emergency Management shall serve as a 

19 Cabinet Officer for the duration of such Incident of Na20 tional Significance. 

21 ‘‘(c) RETENTION OF AUTHORITY.—Nothing in this 

22 section shall be construed as affecting the authority of the 

23 Secretary under this Act. 


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1 ‘‘SEC. 504. REGIONAL OFFICES. 

2 ‘‘(a) IN GENERAL.—In accordance with section 706, 

3 there is in the Directorate a Regional Office of Emergency 

4 Management for each region of the United States. 

5 ‘‘(b) MANAGEMENT OF REGIONAL OFFICES.— 

6 ‘‘(1) REGIONAL DIRECTOR.—Each Regional Of7 fice shall be headed by a Regional Director for 

8 Emergency Management, who shall be appointed by 

9 the Secretary, in consultation with State, local, and 

10 tribal governments in the region. Except as provided 

11 in subsection (c)(3), each Regional Director for 

12 Emergency Management shall report directly to the 

13 Under Secretary for Emergency Management. 

14 ‘‘(2) DEPUTY REGIONAL DIRECTOR.—There 

15 shall be in each Regional Office a Deputy Regional 

16 Director for Emergency Management, who shall be 

17 appointed by the Secretary, in consultation with 

18 State, local, and tribal governments in the region. 

19 The Deputy Regional Director for Emergency Man20 agement for a Regional Office shall report directly 

21 to the Regional Director for Emergency Manage22 ment for that Regional Office. 

23 ‘‘(3) QUALIFICATIONS.—Each individual ap24 pointed as Regional Director or Deputy Regional Di25 rector for Emergency Management must possess a 

26 demonstrated ability in and knowledge of emergency 


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1 management and possess familiarity with the geo2 graphical area served by the Regional Office. 

3 ‘‘(c) RESPONSIBILITIES.— 

4 ‘‘(1) IN GENERAL.—Subject to the direction 

5 and control of the Secretary and in consultation with 

6 the Regional Advisory Council on Emergency Man7 agement under subsection (e), each Regional Direc8 tor for Emergency Management shall work in part9 nership with State, local, and tribal governments, 

10 emergency managers, emergency response providers, 

11 emergency response support providers, the private 

12 sector, non-governmental organizations, multi-juris13 dictional councils of governments, and regional plan14 ning commissions and organizations in the geo15 graphical area served by the Regional Office to carry 

16 out the responsibilities under this section. 

17 ‘‘(2) ORDINARY RESPONSIBILITIES.—The ordi18 nary responsibilities of each Regional Director are as 

19 follows: 

20 ‘‘(A) Ensuring coordination and integra21 tion of regional preparedness, mitigation, re22 sponse, and recovery activities and programs, 

23 including planning, training, exercises, and pro24 fessional development. 


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1 ‘‘(B) Participating in regional emergency 

2 management activities. 

3 ‘‘(C) Identifying critical gaps in prepared4 ness and reporting such gaps to the Assistant 

5 Secretary for Grants and Planning. 

6 ‘‘(D) Identifying critical gaps in critical in7 frastructure and reporting such gaps to the As8 sistant Secretary for Infrastructure Protection. 

9 ‘‘(E) Organizing, in consultation with the 

10 Assistant Secretary for Training and Exercises, 

11 regional training and exercise programs. 

12 ‘‘(F) Facilitating the dissemination and 

13 implementation of lessons learned and best 

14 practices. 

15 ‘‘(G) Improving general information shar16 ing and other forms of coordination. 

17 ‘‘(H) Encouraging, in coordination with 

18 the Director of the Office of Public and Com19 munity Preparedness, public and community 

20 preparedness efforts. 

21 ‘‘(I) Assisting in the development of re22 gional capabilities needed for a national cata23 strophic response system. 

24 ‘‘(J) Monitoring, in coordination with the 

25 Assistant Secretary for Grants and Planning, 


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1 the use of Federal homeland security assistance 

2 awarded by the Department to State, local, and 

3 tribal governments. 

4 ‘‘(K) Pre-identifying Joint Field Office lo5 cations in areas with large populations or in 

6 areas at high risk to acts of terrorism, natural 

7 disasters, or other emergencies. 

8 ‘‘(L) Fostering the development of mutual 

9 aid and other cooperative agreements pertaining 

10 to emergency management. 

11 ‘‘(M) Performing such other duties relating 

12 to such responsibilities as the Secretary may re13 quire. 

14 ‘‘(3) INCIDENTS OF NATIONAL SIGNIFICANCE.— 

15 ‘‘(A) APPOINTMENT OF REGIONAL DIREC16 TOR AS PRINCIPAL FEDERAL OFFICIAL OR FED17 ERAL COORDINATING OFFICER.—During the ef18 fective period of an Incident of National Signifi19 cance declared by the Secretary under the Na20 tional Response Plan, if the Regional Director 

21 is appointed Principal Federal Official or Fed22 eral Coordinating Officer, the Deputy Regional 

23 Director shall assume the responsibilities of the 

24 Regional Director during such incident. 


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1 ‘‘(B) RESPONSIBILITIES OF PRINCIPAL

2 FEDERAL OFFICIAL.—In addition to the respon3 sibilities of the Principal Federal Official under 

4 the National Response Plan, such Official shall, 

5 with respect to the Incident of National Signifi6 cance— 

7 ‘‘(i) establish and direct a Joint Field 

8 Office and any other coordination struc9 ture that is needed for such incident; 

10 ‘‘(ii) possess the authority to make 

11 any necessary operational decisions, in ac12 cordance with existing Federal law, with13 out obtaining approval from the Secretary; 

14 ‘‘(iii) coordinate and direct, as appro15 priate, Federal response assets deployed 

16 within the operational area; 

17 ‘‘(iv) serve as the primary point of 

18 contact between the Department, the De19 partment of Defense, and States for con20 tingency planning; and 

21 ‘‘(v) act as the primary point of con22 tact and situational awareness locally for 

23 the Secretary of Homeland Security. 

24 ‘‘(d) TRAINING AND EXERCISE REQUIREMENTS.— 


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1 ‘‘(1) TRAINING.—The Secretary shall require 

2 each Regional Director and Deputy Regional Direc3 tor for Emergency Management to complete Prin4 cipal Federal Officer training not later than 60 days 

5 after the date on which the Regional Director or 

6 Deputy Regional Director is appointed. In addition, 

7 the Secretary shall require each Regional Director 

8 and Deputy Regional Director to periodically, but 

9 not less than annually, undergo specific training to 

10 complement the qualifications of the Regional Direc11 tor or Deputy Regional Director. Such training shall 

12 include training with respect to the National Inci13 dent Management System, the National Response 

14 Plan, and such other subjects as determined by the 

15 Secretary. 

16 ‘‘(2) EXERCISES.—The Secretary shall require 

17 each Regional Director and Deputy Regional Direc18 tor for Emergency Management to regularly partici19 pate in regional or national exercises. 

20 ‘‘(e) REGIONAL ADVISORY COUNCILS ON EMER21 GENCY MANAGEMENT.— 

22 ‘‘(1) ESTABLISHMENT.—There is in each Re23 gional Office a Regional Advisory Council on Emer24 gency Management. Each Advisory Council shall re25 port to the Regional Director of the Regional Office. 


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1 ‘‘(2) MEMBERSHIP.— 

2 ‘‘(A) The Regional Director shall appoint 

3 the following members to the Advisory Council 

4 of that Regional Director’s Regional Office— 

5 ‘‘(i) subject matter experts from 

6 across the Federal Government, including 

7 representatives from the Departments of 

8 Defense, Energy, Health and Human Serv9 ices, and Transportation; 

10 ‘‘(ii) subject matter experts from com11 ponents of the Directorate, including the 

12 Offices of Grants and Planning, Training 

13 and Exercises, Public and Community Pre14 paredness, Infrastructure Protection, Re15 sponse, and Recovery; 

16 ‘‘(iii) subject matter experts from 

17 other components of the Department, in18 cluding the Coast Guard, United States 

19 Customs and Border Protection, Immigra20 tion and Customs Enforcement, the Trans21 portation Security Administration, and the 

22 United States Secret Service; 

23 ‘‘(iv) subject matter experts rep24 resenting emergency response providers 


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1 and emergency response support providers; 

2 and 

3 ‘‘(v) subject matter experts from the 

4 private sector. 

5 ‘‘(B) State, local, and tribal governments 

6 within the geographic area served by the Re7 gional Office shall appoint officials, including 

8 Adjutants General and emergency managers, as 

9 members of the Advisory Council. 

10 ‘‘(3) TERMS OF OFFICE.— 

11 ‘‘(A) IN GENERAL.—The term of office of 

12 each member of the Advisory Council shall be 

13 3 years. 

14 ‘‘(B) INITIAL APPOINTMENTS.—Of the 

15 members initially appointed to the Advisory 

16 Council— 

17 ‘‘(i) one third shall be appointed for a 

18 term of 1 year; and 

19 ‘‘(ii) one third shall be appointed for 

20 a term of 2 years. 

21 ‘‘(4) CHAIR.—At the first meeting of the Advi22 sory Council, the members of the Advisory Council 

23 appointed under paragraph (2) shall elect a chair of 

24 the Advisory Council. 


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1 ‘‘(5) MEETINGS.—The Advisory Council shall 

2 meet at least biennially at the call of the chair. Each 

3 member shall be given appropriate notice of the call 

4 of each meeting, whenever possible not less than 15 

5 days before the meeting. 

6 ‘‘(6) REGIONAL FACTORS.—The size and com7 position of each Advisory Council shall be deter8 mined by— 

9 ‘‘(A) the size of the region associated with 

10 the Advisory Council; 

11 ‘‘(B) the propensity of that region to expe12 rience natural disasters and other emergencies; 

13 ‘‘(C) the risk of acts of terrorism within 

14 the region; and 

15 ‘‘(D) State, local, and tribal preparedness, 

16 as measured against the National Preparedness 

17 Goal. 

18 ‘‘(7) RESPONSIBILITIES.—The Advisory Council 

19 shall carry out the following responsibilities: 

20 ‘‘(A) Advise the Regional Director on 

21 emergency management issues specific to that 

22 region. 

23 ‘‘(B) Identify any geographic, demo24 graphic, or other characteristics peculiar to any 

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1 gion that might make preparedness, mitigation, 

2 response, or recovery more complicated or dif3 ficult. 

4 ‘‘(C) Advise the Regional Director on de5 veloping a process of peer review for cata6 strophic emergency plans submitted under sec7 tion 524. 

8 ‘‘(D) Advise the Regional Director of any 

9 weaknesses or deficiencies in preparedness, 

10 mitigation, response, and recovery for any 

11 State, local, or tribal government within the re12 gion of which the Advisory Council is aware. 

13 ‘‘(E) Provide recommendations on other 

14 matters pertaining to emergency management. 

15 ‘‘(F) Provide such advice as the Regional 

16 Director requests. 

17 ‘‘(f) COORDINATION.—Each Regional Director for 

18 Emergency Management shall coordinate all activities con19 ducted under this section with other Federal departments 

20 and agencies, and shall not have authority over other 

21 agencies of the Department, including the Coast Guard, 

22 the United States Customs and Border Protection, Immi23 gration and Customs Enforcement, the Transportation Se24 curity Administration, or the United States Secret Service. 

25 ‘‘(g) RETENTION OF AUTHORITIES.— 


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1 ‘‘(1) FEDERAL COORDINATING OFFICER.— 

2 Nothing in this section shall be construed as affect3 ing any authority of the Federal Coordinating Offi4 cer under the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5201 et seq.). 

6 ‘‘(2) STATE, LOCAL, AND TRIBAL GOVERN7 MENTS.—Nothing in this section shall be construed 

8 as limiting the power of State, local, and tribal gov9 ernments. 

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

11 ‘‘(1) DEADLINE.—The Secretary shall establish 

12 the Regional Offices required under this section not 

13 later than one year after the date of the enactment 

14 of National Emergency Management Reform and 

15 Enhancement Act of 2006. 

16 ‘‘(2) USE OF EXISTING FIELD OFFICES.—In es17 tablishing the Regional Offices required under this 

18 section, the Secretary shall, to the extent prac19 ticable, co-locate and consolidate field offices of the 

20 Department that are in existence as of the date of 

21 the enactment of such Act and use the regional of22 fices of the Federal Emergency Management Agency 

23 that are in existence as of that date as the founda24 tion for the Regional Offices required under this sec25 tion. 


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1 ‘‘SEC. 505. CHIEF MEDICAL OFFICER. 

2 ‘‘(a) IN GENERAL.—There is in the Department a 

3 Chief Medical Officer, who shall be appointed by the Presi4 dent, by and with the advice and consent of the Senate. 

5 The Chief Medical Officer shall report directly to the 

6 Under Secretary for Emergency Management. 

7 ‘‘(b) RESPONSIBILITIES.—The Chief Medical Officer 

8 shall have the primary responsibility within the Depart9 ment for medical issues related to acts of terrorism, nat10 ural disasters, and other emergencies, including the fol11 lowing: 

12 ‘‘(1) Serving as the Secretary’s principal advi13 sor on medical and public health issues. 

14 ‘‘(2) Coordinating the biosurveillance and detec15 tion activities of the Department. 

16 ‘‘(3) Ensuring that decision support tools link 

17 biosurveillance and detection information to near 

18 real-time response actions at the State, local, and 

19 tribal level. 

20 ‘‘(4) Ensuring internal and external coordina21 tion of all medical preparedness and response activi22 ties of the Department, including training, exercises, 

23 and equipment support. 

24 ‘‘(5) Serving as the Department’s primary point 

25 of contact with the Departments of Agriculture, De26 fense, Health and Human Services, Transportation, 


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1 and Veterans Affairs, and other Federal depart2 ments or agencies, on medical and public health 

3 issues. 

4 ‘‘(6) Serving as the Department’s primary point 

5 of contact with respect to medical and public health 

6 matters. 

7 ‘‘(7) Discharging, in coordination with the 

8 Under Secretary for Science and Technology, re9 sponsibilities of the Department related to Project 

10 Bioshield. 

11 ‘‘(8) Establishing doctrine and priorities for the 

12 National Disaster Medical System and supervising 

13 its medical components, consistent with the National 

14 Response Plan and the National Incident Manage15 ment System. 

16 ‘‘(9) Establishing doctrine and priorities for the 

17 Metropolitan Medical Response System, consistent 

18 with the National Response Plan and the National 

19 Incident Management System. 

20 ‘‘(10) Assessing and monitoring long-term 

21 health issues of emergency response providers and 

22 emergency response support providers. 

23 ‘‘(11) Developing and updating guidelines for 

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1 sponse plans for chemical, biological, radiological, 

2 nuclear, or explosive weapon attacks. 

3 ‘‘(12) Identifying, in consultation with the Sec4 retary of Health and Human Services, appropriate 

5 medical equipment and supplies for inclusion in the 

6 force packages under the Prepositioned Equipment 

7 Program under section 581. 

8 ‘‘(13) Performing such other duties relating to 

9 such responsibilities as the Secretary may require. 

10 ‘‘(c) DEPUTY.—There is in the Department a Deputy 

11 Chief Medical Officer, who shall be appointed by the Sec12 retary and who shall assist the Chief Medical Officer in 

13 carrying out the responsibilities under subsection (b). 

14 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PRO15 GRAM.— 

16 ‘‘(1) IN GENERAL.—The Chief Medical Officer, 

17 in consultation with the Director of the National In18 stitute for Occupational Safety and Health, shall es19 tablish a program to assess, monitor, and study the 

20 health and safety of emergency response providers 

21 and emergency response support providers following 

22 Incidents of National Significance declared by the 

23 Secretary under the National Response Plan. 

24 ‘‘(2) COOPERATIVE AGREEMENTS.—In carrying 

25 out the program under this subsection, the Chief 


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1 Medical Officer shall enter into cooperative agree2 ments, as necessary, with medical institutions in the 

3 areas affected by such Incidents of National Signifi4 cance. 

5 ‘‘SEC. 506. OFFICE OF STATE, LOCAL, AND TRIBAL GOVERN6 MENT COORDINATION. 

7 ‘‘(a) ESTABLISHMENT.—There is in the Directorate 

8 of Emergency Management an Office of State, Local, and 

9 Tribal Government Coordination to oversee and coordinate 

10 programs of the Directorate for and relationships with na11 tional organizations representing State, local, and tribal 

12 governments. 

13 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di14 rector, who shall be appointed by the Secretary. 

15 ‘‘(c) RESPONSIBILITIES.—The Director of the Office 

16 of State, Local, and Tribal Government Coordination 

17 shall, in consultation with the Regional Directors for 

18 Emergency Management appointed under section 504(b), 

19 carry out the following responsibilities: 

20 ‘‘(1) Coordinating the activities of the Direc21 torate relating to State, local, and tribal govern22 ment. 

23 ‘‘(2) Assessing and advocating for the resources 

24 needed by State, local, and tribal governments to 

25 prevent, prepare for, respond to, mitigate against, 


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1 and recover from acts of terrorism, natural disas2 ters, and other emergencies. 

3 ‘‘(3) Providing State, local, and tribal govern4 ments with regular information, research, and tech5 nical support to assist local efforts in securing the 

6 homeland. 

7 ‘‘(4) Developing a process for receiving mean8 ingful and timely consultation from State, local, and 

9 tribal governments to assist in the development of 

10 an integrated national emergency management sys11 tem. 

12 ‘‘(5) Scheduling regular meetings with rep13 resentatives selected by State, local, and tribal gov14 ernments. 

15 ‘‘(6) Ensuring the coordination of the planning 

16 and reporting requirements imposed on State, local, 

17 and tribal governments by the Directorate. 

18 ‘‘SEC. 507. OFFICE OF NATIONAL CAPITAL REGION COORDI19 NATION. 

20 ‘‘(a) ESTABLISHMENT.— 

21 ‘‘(1) IN GENERAL.—There is in the Directorate 

22 of Emergency Management the Office of National 

23 Capital Region Coordination, to oversee and coordi24 nate Federal programs for and relationships with 

25 State, local, and regional authorities in the National 


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1 Capital Region, as defined under section 2674(f)(2) 

2 of title 10, United States Code. 

3 ‘‘(2) DIRECTOR.—The Office shall be headed by 

4 a Director, who shall be appointed by the Secretary. 

5 The Director shall report directly to the Under Sec6 retary for Emergency Management. 

7 ‘‘(3) COOPERATION.—The Secretary shall co8 operate with the Mayor of the District of Columbia, 

9 the Governors of Maryland and Virginia, and other 

10 State, local, and regional officers in the National 

11 Capital Region to integrate the District of Columbia, 

12 Maryland, and Virginia into the planning, coordina13 tion, and execution of the activities of the Federal 

14 Government for the enhancement of domestic pre15 paredness for acts of terrorism, natural disasters, 

16 and other emergencies. 

17 ‘‘(b) RESPONSIBILITIES.—The Director of the Office 

18 of National Capital Region Coordination shall carry out 

19 the following responsibilities: 

20 ‘‘(1) Overseeing and coordinating the activities 

21 of the Department relating to the National Capital 

22 Region, including cooperation with the Office for 

23 State, Local, and Tribal Government Coordination. 

24 ‘‘(2) Assessing and advocating for the resources 

25 needed by State, local, and regional authorities in 


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1 the National Capital Region to implement efforts to 

2 secure the homeland. 

3 ‘‘(3) Providing State, local, and regional au4 thorities in the National Capital Region with regular 

5 information, research, and technical support to as6 sist the efforts of State, local, and regional authori7 ties in the National Capital Region in securing the 

8 homeland. 

9 ‘‘(4) Developing a process for receiving mean10 ingful input from State, local, and regional authori11 ties and the private sector in the National Capital 

12 Region to assist in the development of the homeland 

13 security plans and activities of the Federal Govern14 ment. 

15 ‘‘(5) Coordinating with Federal agencies in the 

16 National Capital Region on emergency preparedness 

17 to ensure adequate planning, information sharing, 

18 training, and execution of the Federal role in domes19 tic preparedness activities. 

20 ‘‘(6) Coordinating with Federal, State, local, 

21 and regional agencies and private sector entities in 

22 the National Capital Region on emergency prepared23 ness to ensure adequate planning, information shar24 ing, training, and execution of domestic prepared25 ness activities among such agencies and entities. 


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1 ‘‘(7) Serving as a liaison between the Federal 

2 Government and State, local, and regional authori3 ties and private sector entities in the National Cap4 ital Region to facilitate access to Federal grants and 

5 other programs. 

6 ‘‘(c) ANNUAL REPORT.—The Director shall submit to 

7 Congress an annual report that includes the following: 

8 ‘‘(1) The identification of any resources re9 quired to fully implement homeland security efforts 

10 in the National Capital Region. 

11 ‘‘(2) An assessment of the progress made by 

12 the National Capital Region in implementing home13 land security efforts. 

14 ‘‘(3) The recommendations of the Director with 

15 respect any additional resources needed to fully im16 plement homeland security efforts in the National 

17 Capital Region. 

18 ‘‘(d) LIMITATION.—Nothing in this section shall be 

19 construed as limiting the power of any State, local, or trib20 al government. 

21 ‘‘SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY 

22 MANAGEMENT. 

23 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

24 the date of the enactment of this section, the Secretary 

25 shall establish an advisory body pursuant to section 


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1 871(a), to be known as the National Advisory Council on 

2 Emergency Management. 

3 ‘‘(b) RESPONSIBILITIES.—The Advisory Council shall 

4 assist the Secretary in implementing subsection (c). 

5 ‘‘(c) REQUIREMENT TO REVIEW, REVISE, OR RE6 PLACE CERTAIN DOCUMENTS.—The Secretary shall peri7 odically, but not less than biennially, review, revise, or re8 place— 

9 ‘‘(1) the National Response Plan; 

10 ‘‘(2) the National Incident Management Sys11 tem; 

12 ‘‘(3) the National Preparedness Guidance; 

13 ‘‘(4) the National Preparedness Goal; 

14 ‘‘(5) the Targeted Capabilities List; 

15 ‘‘(6) the Universal Task List; 

16 ‘‘(7) the National Infrastructure Protection 

17 Plan; 

18 ‘‘(8) the National Planning Scenarios; 

19 ‘‘(9) any successor to any document under any 

20 of paragraphs (1) through (8); and 

21 ‘‘(10) any other national initiatives on acts of 

22 terrorism, natural disasters, and other emergencies 

23 that affects emergency response providers and emer24 gency response support providers as necessary. 

25 ‘‘(d) REPORT.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date on which the Advisory Council is estab3 lished under subsection (a), and not later than every 

4 2 years thereafter, the Advisory Council shall submit 

5 to the Secretary a report on the recommendations of 

6 the Advisory Council for reviewing, revising, or re7 placing such national initiatives. 

8 ‘‘(2) CONTENTS.—Each report shall— 

9 ‘‘(A) include a priority ranking of essential 

10 capabilities for emergency preparedness in 

11 order to provide guidance to the Secretary and 

12 to the Congress on determining the appropriate 

13 allocation of, and funding levels for, the needs 

14 of emergency response providers; 

15 ‘‘(B) set forth a methodology by which any 

16 State, local, or tribal government will be able to 

17 determine the extent to which it possesses or 

18 has access to the essential capabilities that 

19 State, local, and tribal governments having 

20 similar risks should obtain; 

21 ‘‘(C) describe the availability of national 

22 voluntary consensus standards, and whether 

23 there is a need for new national voluntary con24 sensus standards, with respect to training and 

25 equipment for emergency response providers; 


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1 ‘‘(D) include such additional matters as 

2 the Secretary may specify in order to further 

3 the emergency preparedness capabilities of 

4 emergency response providers; and 

5 ‘‘(E) include such revisions to the contents 

6 of previous reports as are necessary to take into 

7 account changes in the most current risk as8 sessment prepared by and available from the 

9 Chief Intelligence Officer and the Assistant Sec10 retary for Infrastructure Protection or other 

11 relevant information as determined by the Sec12 retary. 

13 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

14 GROUP.—The Advisory Council shall ensure that its 

15 recommendations for essential capabilities for emer16 gency preparedness are, to the extent feasible, con17 sistent with any preparedness goals or recommenda18 tions of the Federal working group established under 

19 section 319F(a) of the Public Health Service Act 

20 (42 U.S.C. 247d–6(a)). 

21 ‘‘(e) MEMBERSHIP.— 

22 ‘‘(1) IN GENERAL.—The Advisory Council shall 

23 consist of 30 members appointed by the Secretary, 

24 and shall, to the extent practicable, represent a geo25 graphic (including urban and rural) and substantive 


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1 cross section of emergency managers, emergency re2 sponse providers, and emergency response support 

3 providers from State, local, and tribal governments, 

4 including as appropriate— 

5 ‘‘(A) members selected from the emergency 

6 management and response fields, including fire 

7 service, law enforcement, hazardous materials 

8 response, emergency medical services, and 

9 emergency management personnel; 

10 ‘‘(B) health scientists, emergency and in11 patient medical providers, and public health 

12 professionals, including— 

13 ‘‘(i) experts in emergency health care 

14 response to chemical, biological, radio15 logical, and nuclear terrorism; 

16 ‘‘(ii) experts in providing mental 

17 health care during emergency response op18 erations; and 

19 ‘‘(iii) experts in stockpiling medical 

20 equipment and supplies and medical logis21 tics; 

22 ‘‘(C) experts from Federal, State, and local 

23 governments, and the private sector, rep24 resenting standards-setting organizations, in25 cluding representation from the voluntary conVerDate Aug 31 2005 02:36 May 12, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5351.IH H5351

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1 sensus codes and standards development com2 munity, particularly those with expertise in the 

3 emergency preparedness and response field; 

4 ‘‘(D) State and local officials with exper5 tise in terrorism preparedness and emergency 

6 management, including Adjutants General, sub7 ject to the condition that if any such official is 

8 an elected official representing one of the two 

9 major political parties, an equal number of 

10 elected officials shall be selected from each such 

11 party; and 

12 ‘‘(E) members selected from the emergency 

13 response support field, including public works, 

14 utilities, and transportation personnel who are 

15 routinely engaged in emergency response. 

16 ‘‘(2) COORDINATION WITH THE DEPARTMENTS

17 OF HEALTH AND HUMAN SERVICES AND TRANSPOR18 TATION.—In the selection of members of the Advi19 sory Council who are health or emergency medical 

20 services professionals, the Secretary shall coordinate 

21 such selection with the Secretaries of Health and 

22 Human Services and Transportation. 

23 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary 

24 and the Secretary of Health and Human Services 

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1 spective Department to serve as ex officio members 

2 of the Advisory Council. One of the ex officio mem3 bers from the Department of Homeland Security 

4 shall be the designated officer of the Federal Gov5 ernment for purposes of subsection (e) of section 10 

6 of the Federal Advisory Committee Act (5 App. 

7 U.S.C.). 

8 ‘‘(4) TERMS OF OFFICE.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), the term of office of each 

11 member of the Advisory Council shall be 3 

12 years. 

13 ‘‘(B) INITIAL APPOINTMENTS.—Of the 

14 members initially appointed to the Advisory 

15 Council—— 

16 ‘‘(i) one third shall be appointed for a 

17 term of 1 year; and 

18 ‘‘(ii) one third shall be appointed for 

19 a term of 2 years. 

20 ‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COM21 MITTEE ACT.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding section 

23 871(a) and subject to paragraph (2), the Federal 

24 Advisory Committee Act (5 U.S.C. App.), including 

25 subsections (a), (b), and (d) of section 10 of such 


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1 Act, and section 552b(c) of title 5, United States 

2 Code, shall apply to the Advisory Council. 

3 ‘‘(2) TERMINATION.—Section 14(a)(2)(B) of 

4 the Federal Advisory Committee Act (5 U.S.C. 

5 App.) shall not apply to the Advisory Council. 

6 ‘‘SEC. 509. REORGANIZATION OF DIRECTORATE. 

7 ‘‘The Secretary may not allocate or reallocate func8 tions among the officers of the Directorate of Emergency 

9 Management or establish, consolidate, alter, or discontinue 

10 organizational units within the Directorate of Emergency 

11 Management under the authority of section 872 until the 

12 date that is 120 days after the date on which the Secretary 

13 submits to Congress a report describing the proposed allo14 cation, reallocation, establishment, consolidation, alter15 ation or discontinuance. 

16 ‘‘Subtitle B—Emergency 

17 Preparedness 

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

19 ‘‘(a) IN GENERAL.—There is in the Department an 

20 Office of Grants and Planning under the authority of the 

21 Under Secretary for Emergency Management. 

22 ‘‘(b) ASSISTANT SECRETARY.—The head of the office 

23 shall be the Assistant Secretary for Grants and Planning. 


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1 ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 

2 for Grants and Planning shall carry out the following re3 sponsibilities: 

4 ‘‘(1) Administering Department grant programs 

5 that enhance the capacity of State, regional, local, 

6 and tribal governments to prevent, prepare for, miti7 gate against, respond to, and recover from acts of 

8 terrorism, natural disasters, and other emergencies. 

9 ‘‘(2) Ensuring coordination of the homeland se10 curity assistance programs of the Federal Govern11 ment. 

12 ‘‘(3) Establishing incentives for the efficient ad13 ministration of Federal homeland security assist14 ance. 

15 ‘‘(4) Evaluating the effectiveness of funded De16 partment programs and disseminating lessons 

17 learned, as appropriate. 

18 ‘‘(5) Reviewing and revising, in consultation 

19 with the NIC (as that term is used in section 541) 

20 and the National Advisory Council on Emergency 

21 Management, on a periodic basis, but not less than 

22 biennially, preparedness documents and capabilities23 based planning tools, related to catastrophic acts of 

24 terrorism, natural disasters, and other emergencies, 

25 including— 


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1 ‘‘(A) the National Preparedness Goal; 

2 ‘‘(B) the Targeted Capabilities List; 

3 ‘‘(C) the Universal Task List; 

4 ‘‘(D) the National Planning Scenarios; and 

5 ‘‘(E) any other document or tool in sup6 port of Homeland Security Presidential Direc7 tive 8 or any other Homeland Security Presi8 dential Directive related to the national emer9 gency management system. 

10 ‘‘(6) Establishing, in coordination with State, 

11 local, and tribal governments, a clear and account12 able process for achieving, maintaining, and enhanc13 ing national preparedness for catastrophic acts of 

14 terrorism, natural disasters, and other emergencies. 

15 ‘‘(7) Providing technical assistance to State, 

16 local, and tribal governments on catastrophic plan17 ning and preparedness. 

18 ‘‘(8) Developing performance measures and 

19 metrics for assessing national preparedness. 

20 ‘‘(9) Assessing, on a periodic basis, but not less 

21 than annually, the effectiveness of preparedness ca22 pabilities at the Federal, State, local, and tribal lev23 els. 

24 ‘‘(10) Developing priorities for Federal home25 land security assistance to State, local, and tribal 


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1 governments on the basis of such periodic assess2 ments. 

3 ‘‘(11) Implementing a shared resource planning 

4 system to facilitate collaborative plan development. 

5 ‘‘(12) Reviewing, in coordination with appro6 priate Federal departments and agencies, all Federal 

7 preparedness activities. 

8 ‘‘(13) Performing such other duties relating to 

9 such responsibilities as the Secretary may require. 

10 ‘‘(d) ANNUAL STATUS REPORTS.—Not later than 60 

11 days after the last day of each fiscal year, the Secretary 

12 shall provide to Congress a status report on the Nation’s 

13 level of preparedness during that fiscal year, including 

14 State, local, and tribal capabilities, the readiness of Fed15 eral response assets, the utilization of mutual aid, and an 

16 assessment of how the Federal homeland security assist17 ance programs support the National Preparedness Goal. 

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

19 ‘‘(a) IN GENERAL.—There is in the Department an 

20 Office of Training and Exercises under the authority of 

21 the Under Secretary for Emergency Management. 

22 ‘‘(b) ASSISTANT SECRETARY.—The head of the office 

23 shall be the Assistant Secretary for Training and Exer24 cises. 


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1 ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 

2 for Training and Exercises shall— 

3 ‘‘(1) establish specific requirements for training 

4 programs and exercises for Federal, State, regional, 

5 local, and tribal government officials, emergency re6 sponse providers, emergency response support pro7 viders, and other entities as appropriate; 

8 ‘‘(2) design, develop, perform, and evaluate 

9 training programs and exercises at all levels of gov10 ernment to enhance and test the Nation’s capability 

11 to prevent, prepare for, mitigate against, respond to, 

12 and recover from threatened or actual acts of ter13 rorism, natural disasters, and other emergencies; 

14 ‘‘(3) establish common supporting methodology 

15 for training programs and exercises; 

16 ‘‘(4) define and implement performance meas17 ures for training programs and exercises; 

18 ‘‘(5) coordinate the training and exercise activi19 ties of the Department; 

20 ‘‘(6) serve as the primary point of contact in 

21 the Department for homeland security training and 

22 exercises for other Federal departments and agen23 cies; 


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1 ‘‘(7) identify, analyze, and monitor the imple2 mentation of best practices and lessons learned with 

3 respect to training and exercises; 

4 ‘‘(8) establish a comprehensive program for the 

5 professional development and education of homeland 

6 security personnel at all levels of government, non7 governmental organizations, and emergency manage8 ment personnel in the private sector; and 

9 ‘‘(9) perform such other duties relating to such 

10 responsibilities as the Secretary may require. 

11 ‘‘(d) TRANSFER.—The Assistant Secretary for Train12 ing and Exercises shall have authority over the following: 

13 ‘‘(1) The Noble Training Center. 

14 ‘‘(2) The Center for Domestic Preparedness. 

15 ‘‘(3) The National Emergency Training Center. 

16 ‘‘(4) The National Exercise and Evaluation 

17 Program. 

18 ‘‘(e) NATIONAL EXERCISE PROGRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary, acting 

20 through the Assistant Secretary for Training and 

21 Exercises, shall carry out a National Exercise Pro22 gram for the purpose of testing, evaluating, and en23 hancing the capabilities of Federal, State, regional, 

24 local, and tribal government entities to prevent, pre25 pare for, respond to, mitigate against, and recover 


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1 from threatened or actual acts of terrorism, natural 

2 disasters, and other emergencies. 

3 ‘‘(2) CONTENTS OF PROGRAM.—The National 

4 Exercise Program— 

5 ‘‘(A) shall enhance coordination for pre6 paredness between all levels of government, 

7 emergency response providers, emergency re8 sponse support providers, nongovernmental or9 ganizations, international governments and or10 ganizations, and the private sector; 

11 ‘‘(B) shall be— 

12 ‘‘(i) multi disciplinary in nature, in13 cluding, as appropriate, information anal14 ysis and cybersecurity components; 

15 ‘‘(ii) as realistic as practicable and 

16 based on current risk assessments, includ17 ing credible threats, vulnerabilities, and 

18 consequences; 

19 ‘‘(iii) carried out with the minimum 

20 degree of notice to involved parties regard21 ing the timing and details of such exer22 cises, consistent with safety considerations; 

23 ‘‘(iv) evaluated against performance 

24 measures and followed by corrective action 

25 to solve identified deficiencies; and 


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1 ‘‘(v) assessed to learn best practices, 

2 which the Secretary shall share with ap3 propriate Federal, State, regional, local, 

4 and tribal personnel, authorities, and 

5 training institutions for emergency re6 sponse providers and emergency response 

7 support providers; and 

8 ‘‘(C) shall provide assistance to State, re9 gional, local, and tribal governments with the 

10 design, implementation, and evaluation of exer11 cises that— 

12 ‘‘(i) conform to the requirements 

13 under subparagraph (B); 

14 ‘‘(ii) are consistent with any applica15 ble State or urban area homeland security 

16 strategy or plan; 

17 ‘‘(iii) support implementation of— 

18 ‘‘(I) the National Incident Man19 agement System; 

20 ‘‘(II) the National Response 

21 Plan; 

22 ‘‘(III) the National Preparedness 

23 Goal; 

24 ‘‘(IV) the National Preparedness 

25 Guidance; 


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1 ‘‘(V) the National Infrastructure 

2 Protection Plan; and 

3 ‘‘(VI) any other similar national 

4 initiatives; and 

5 ‘‘(iv) provide for systematic evaluation 

6 of readiness. 

7 ‘‘(3) NATIONAL LEVEL EXERCISES.—The Sec8 retary, acting through the Assistant Secretary for 

9 Training and Exercises, shall periodically but not 

10 less than biennially, perform national exercises for 

11 the following purposes: 

12 ‘‘(A) To involve in national exercises high13 ranking officials from— 

14 ‘‘(i) Federal, State, local, tribal, and 

15 international governments; 

16 ‘‘(ii) nongovernmental organizations, 

17 including faith-based organizations; 

18 ‘‘(ii) the private sector; and 

19 ‘‘(iv) others as the Secretary considers 

20 appropriate. 

21 ‘‘(B) To test and evaluate, in coordination 

22 with the Attorney General and the Secretary of 

23 Defense, the capability of Federal, State, local, 

24 and tribal government entities to detect, dis25 rupt, and prevent threatened or actual cataVerDate Aug 31 2005 02:36 May 12, 2006 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5351.IH H5351

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1 strophic acts of terrorism, especially those in2 volving weapons of mass destruction; 

3 ‘‘(C) To test and evaluate the readiness of 

4 Federal, State, local, and tribal government en5 tities to respond in a coordinated and unified 

6 manner to catastrophic acts of terrorism, nat7 ural disasters, and other emergencies; and 

8 ‘‘(D) To test and evaluate the readiness of 

9 Federal, State, local, and tribal government en10 tities to recover from catastrophic acts of ter11 rorism, natural disasters, and other emer12 gencies. 

13 ‘‘(4) COORDINATION AND CONSULTATION.—In 

14 carrying out the National Exercise Program, the 

15 Secretary shall— 

16 ‘‘(A) coordinate with— 

17 ‘‘(i) components of the Department 

18 that have expertise in exercises, including 

19 the Coast Guard, the United States Secret 

20 Service, United States Customs and Bor21 der Protection, and United States Immi22 gration and Customs Enforcement; and 

23 ‘‘(ii) such other Federal departments 

24 and agencies as the Secretary determines 

25 are appropriate; and 


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1 ‘‘(B) consult regularly with— 

2 ‘‘(i) a geographic and substantive 

3 cross section of emergency response pro4 viders and emergency response support 

5 providers (including such providers located 

6 in both urban and rural areas); 

7 ‘‘(ii) Federal, State, and local training 

8 institutions for emergency response pro9 viders and emergency response support 

10 providers; and 

11 ‘‘(iii) State and local officials, includ12 ing Adjutant Generals, with expertise in 

13 terrorism preparedness and emergency 

14 management. 

15 ‘‘(5) TOP OFFICIAL PREVENTION EXERCISES.— 

16 No later than one year after the date of enactment 

17 of the National Emergency Management Reform 

18 and Enhancement Act of 2006, the Secretary, acting 

19 through the Assistant Secretary for Training and 

20 Exercises, shall establish a program through which 

21 the Secretary carries out periodically but not less 

22 than biennially a national terrorism prevention exer23 cise for the purposes of— 

24 ‘‘(A) involving in national exercises high25 ranking officials from Federal, State, local, 


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1 tribal, and international governments, as the 

2 Secretary considers appropriate; and 

3 ‘‘(B) testing and evaluating, in coordina4 tion with the Attorney General and the Sec5 retary of Defense, the capability of Federal, 

6 State, local, and tribal government entities to 

7 detect, disrupt, and prevent threatened or ac8 tual catastrophic acts of terrorism. 

9 ‘‘(6) NATIONAL EXERCISE STRATEGY.—The 

10 Secretary, acting through the Assistant Secretary 

11 for Training and Exercises, shall develop a multi12 year national homeland security exercise plan and 

13 submit the plan to the Homeland Security Council 

14 for review and approval. 

15 ‘‘(f) NATIONAL TRAINING PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Assistant Secretary for Training and 

18 Exercises, shall carry out a National Training Pro19 gram for the purpose of enhancing the capabilities 

20 of the Nation’s emergency response providers to pre21 vent, prepare for, respond to, mitigate against, and 

22 recover from threatened or actual acts of terrorism, 

23 natural disasters, and other emergencies. 

24 ‘‘(2) REQUIREMENTS.—The National Training 

25 Program shall provide training that— 


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1 ‘‘(A) reaches multiple disciplines, including 

2 Federal, State, and local government officials, 

3 emergency response providers, emergency re4 sponse support providers, the private sector, 

5 international governments and organizations, 

6 and other entities as the Secretary considers 

7 appropriate; 

8 ‘‘(B) provides training at the awareness, 

9 performance, and management and planning 

10 levels; 

11 ‘‘(C) utilizes multiple training mediums 

12 and methods, including— 

13 ‘‘(i) direct delivery; 

14 ‘‘(ii) train-the-trainer; 

15 ‘‘(iii) computer-based training; 

16 ‘‘(iv) web-based training; and 

17 ‘‘(v) video teleconferencing; 

18 ‘‘(D) is consistent with any applicable 

19 State or urban area homeland security strategy 

20 or plan; 

21 ‘‘(E) is consistent with, and supports im22 plementation of, the National Incident Manage23 ment System, the National Response Plan, the 

24 National Preparedness Goal, the National Pre25 paredness Guidance, the National InfrastrucVerDate Aug 31 2005 02:36 May 12, 2006 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5351.IH H5351

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1 ture Protection Plan, and other such national 

2 initiatives; 

3 ‘‘(F) is evaluated against clear and con4 sistent performance measures; and 

5 ‘‘(G) to the greatest extent practicable, uti6 lizes State, regional, and tribal training institu7 tions. 

8 ‘‘(3) NATIONAL VOLUNTARY CONSENSUS

9 STANDARDS.—The Secretary shall— 

10 ‘‘(A) support the development, promulga11 tion, and regular updating as necessary of na12 tional voluntary consensus standards for train13 ing; and 

14 ‘‘(B) ensure that the training provided 

15 under the National Training Program is con16 sistent with such standards. 

17 ‘‘(4) TRAINING PARTNERS.—In developing and 

18 delivering training under the National Training Pro19 gram, the Secretary shall— 

20 ‘‘(A) work with government training facili21 ties, academic institutions, private organiza22 tions, and other entities that provide special23 ized, state-of-the-art training for emergency re24 sponder providers or emergency response sup25 port providers; and 


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1 ‘‘(B) utilize, as appropriate, training 

2 courses provided by community colleges, State 

3 and local public safety academies, State and 

4 private universities, and other facilities. 

5 ‘‘(5) COORDINATION AND CONSULTATION.—In 

6 carrying out the National Training Program, the 

7 Secretary shall— 

8 ‘‘(A) coordinate with— 

9 ‘‘(i) components of the Department 

10 that have expertise in training, including 

11 the Coast Guard, the United States Secret 

12 Service, the United States Fire Adminis13 tration, and the Federal Law Enforcement 

14 Training Center; and 

15 ‘‘(ii) such other Federal departments 

16 and agencies as the Secretary determines 

17 are appropriate; and 

18 ‘‘(B) consult regularly with— 

19 ‘‘(i) a geographic and substantive 

20 cross section of emergency response pro21 viders and emergency response support 

22 providers (including such providers located 

23 in both urban and rural areas); and 

24 ‘‘(ii) State and local officials, includ25 ing Adjutants General, with expertise in 


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1 terrorism preparedness and emergency 

2 management. 

3 ‘‘(g) REMEDIAL ACTION MANAGEMENT PROGRAM.— 

4 The Secretary, acting through the Assistant Secretary for 

5 Training and Exercises, shall establish a Remedial Action 

6 Management Program to— 

7 ‘‘(1) identify and analyze training, exercises, 

8 and real-world events for lessons learned and best 

9 practices; 

10 ‘‘(2) generate after action reports for Incidents 

11 of National Significance as declared by the Secretary 

12 under the National Response Plan; 

13 ‘‘(3) disseminate lessons learned and best prac14 tices; 

15 ‘‘(4) monitor the implementation of lessons 

16 learned and best practices; 

17 ‘‘(5) conduct remedial action tracking and long18 term trend analysis; and 

19 ‘‘(6) certify that— 

20 ‘‘(A) recipients of Federal homeland secu21 rity assistance have implemented lessons 

22 learned and best practices, as appropriate; and 

23 ‘‘(B) ensure that no recipient uses any 

24 Federal homeland security assistance without 

25 such certification. 


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1 ‘‘(h) NATIONAL DOMESTIC PREPAREDNESS CONSOR2 TIUM.—There is in the Department a National Domestic 

3 Preparedness Consortium that— 

4 ‘‘(1) includes as members— 

5 ‘‘(A) the Center for Domestic Prepared6 ness; 

7 ‘‘(B) the New Mexico Institute of Mining 

8 and Technology; 

9 ‘‘(C) Louisiana State University; 

10 ‘‘(D) Texas A&M University; and 

11 ‘‘(E) the Nevada Test Site of the Depart12 ment of Energy. 

13 ‘‘(2) identifies, develops, tests, and delivers 

14 training to State, local, and tribal emergency re15 sponse providers; 

16 ‘‘(3) provides on-site training at the perform17 ance and management and planning levels; and 

18 ‘‘(4) facilitates the delivery of awareness level 

19 training by the training partners of the Department. 

20 ‘‘(i) NATIONAL EXERCISE SIMULATION CENTER.— 

21 There is in the Department a National Exercise Simula22 tion Center that uses a mix of live, virtual, and construc23 tive simulations to— 


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1 ‘‘(1) prepare elected officials and emergency re2 sponse providers at all levels of Government to oper3 ate cohesively; 

4 ‘‘(2) provide a learning environment for the 

5 homeland security personnel of all Federal depart6 ments and agencies; 

7 ‘‘(3) assist in the development of operational 

8 procedures and exercises, particularly those based on 

9 catastrophic incidents; and 

10 ‘‘(4) allow incident commanders to exercise de11 cision-making in a simulated environment. 

12 ‘‘SEC. 523. ESSENTIAL CAPABILITIES. 

13 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILI14 TIES.— 

15 ‘‘(1) IN GENERAL.—Building upon the National 

16 Preparedness Goal, the Secretary, acting through 

17 the Assistant Secretary for Grants and Planning, 

18 shall regularly update, revise, or replace essential ca19 pabilities for State, local, and tribal government 

20 emergency preparedness, in consultation with the 

21 following: 

22 ‘‘(A) The National Advisory Council on 

23 Emergency Management under section 508. 

24 ‘‘(B) Components of the Department, in25 cluding the Under Secretary for Science and 


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1 Technology, the Chief Intelligence Officer, the 

2 Director for Operations Coordination, the As3 sistant Secretary for Policy, the Assistant Sec4 retary for Transportation Security, the Assist5 ant Secretary for Infrastructure Protection, the 

6 Assistant Secretary for Cybersecurity and Tele7 communications, the Commissioner of United 

8 States Customs and Border Protection, and the 

9 Commandant of the Coast Guard. 

10 ‘‘(C) The Secretary of Health and Human 

11 Services. 

12 ‘‘(D) Other appropriate Federal depart13 ments and agencies. 

14 ‘‘(E) State, local, and tribal emergency re15 sponse providers. 

16 ‘‘(F) State, local, and tribal emergency re17 sponse support providers. 

18 ‘‘(G) State, local, and tribal prevention and 

19 emergency management officials, including Ad20 jutant Generals. 

21 ‘‘(H) Consensus-based standardmaking or22 ganizations responsible for setting standards 

23 relevant to emergency response providers and 

24 emergency response support providers. 


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1 ‘‘(2) DEADLINES.—The Secretary shall update, 

2 revise, or replace the essential capabilities under 

3 paragraph (1) not later than 30 days after receiving 

4 the report submitted by the National Advisory Coun5 cil on Emergency Management under section 508(d). 

6 ‘‘(3) REPORT ON PROVISION OF ESSENTIAL CA7 PABILITIES.—The Secretary shall ensure that a re8 port containing a detailed description of the essential 

9 capabilities is provided promptly to State and tribal 

10 governments and to Congress. The States shall 

11 make the description of the essential capabilities 

12 available as appropriate to local governments within 

13 their jurisdictions. 

14 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that 

15 essential capabilities meet the following objectives: 

16 ‘‘(1) Essential capabilities shall describe specifi17 cally the planning, personnel, equipment, training, 

18 and exercises that State, local, or tribal governments 

19 should possess or have access to for purposes of the 

20 Department’s goals for emergency preparedness 

21 based on— 

22 ‘‘(A) the National Preparedness Goal and 

23 supporting directives, policies, and guidelines; 

24 ‘‘(B) the most current risk assessment 

25 available from the Chief Intelligence Officer of 


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1 the threats of terrorism against the United 

2 States; 

3 ‘‘(C) the risks faced by different types of 

4 communities, including communities of various 

5 sizes, geographies, and other distinguishing 

6 characteristics; and 

7 ‘‘(D) the principles of regional coordination 

8 and mutual aid among State, local, and tribal 

9 governments. 

10 ‘‘(2) Essential capabilities shall be sufficiently 

11 flexible so as to allow State, local, and tribal govern12 ment officials to establish priorities based on local or 

13 regional needs while reaching nationally determined 

14 emergency preparedness levels within a specified 

15 time period. 

16 ‘‘(3) Essential capabilities shall be designed to 

17 enable the measurement of progress toward specific 

18 emergency preparedness goals. 

19 ‘‘(c) FACTORS TO BE CONSIDERED.— 

20 ‘‘(1) IN GENERAL.—In updating, revising, or 

21 replacing essential capabilities for State, local, or 

22 tribal governments under subsection (a)(1), the Sec23 retary specifically shall consider the variables of 

24 threat, vulnerability, and consequences with respect 

25 to population (including transient commuting and 


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1 tourist populations), areas of high population den2 sity, critical infrastructure, coastline, and inter3 national borders. 

4 ‘‘(2) BASIS FOR CONSIDERATION.—Such con5 sideration shall be based upon the most current risk 

6 assessment available from the Chief Intelligence Of7 ficer and the Assistant Secretary for Infrastructure 

8 Protection of the threats of terrorism against the 

9 United States and the needs described in the Na10 tional Preparedness Goal and the directives, policies, 

11 and guidelines supporting the National Preparedness 

12 Goal. 

13 ‘‘SEC. 524. CATASTROPHIC PLANNING. 

14 ‘‘(a) CATASTROPHIC EMERGENCY PLANS RE15 QUIRED.—The Secretary, acting through the Assistant 

16 Secretary for Grants and Planning and in consultation 

17 with the Assistant Secretary for Training and Exercises, 

18 shall require any State or urban area that submits an ap19 plication to the Secretary for Federal homeland security 

20 financial assistance administered by the Department to 

21 maintain a catastrophic emergency plan to be imple22 mented in the event of an act of terrorism, natural dis23 aster, or other emergency. The Secretary shall require the 

24 State or urban area to update, implement, and exercise 

25 the catastrophic emergency plan as necessary. 


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1 ‘‘(b) REQUIREMENTS.—Each catastrophic emergency 

2 plan required under this section, with respect to a State 

3 or urban area, shall include— 

4 ‘‘(1) evacuation and sheltering in place proce5 dures for the general population of the State or 

6 urban area; 

7 ‘‘(2) the procedures in place to address the pre8 positioning of food, medical and fuel supplies; 

9 ‘‘(3) the evacuation and sheltering in place pro10 cedures for populations with special needs, including 

11 persons with disabilities, health problems, language 

12 barriers, and income barriers, the elderly, children, 

13 and individuals with pets, service animals, or farm 

14 animals; 

15 ‘‘(4) sheltering options for displaced popu16 lations; 

17 ‘‘(5) the augmentation of response resources; 

18 ‘‘(6) regional planning, mutual aid agreements, 

19 and requests for assistance that can meet urgent 

20 needs; 

21 ‘‘(7) the adequacy of delivery networks for crit22 ical services and supplies; 

23 ‘‘(8) the degree to which the plan is mutually 

24 supportive among contiguous jurisdictions and 

25 States; 


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1 ‘‘(9) the use of all available and appropriate 

2 transportation modes and resources, including the 

3 identification of routes of egress and ingress, and 

4 destinations; 

5 ‘‘(10) the changes in authorities or regulations 

6 which may be necessary for the plan to meet the de7 mands of a catastrophic event; 

8 ‘‘(11) contingency plans for the survivability, 

9 sustainability, and interoperability of emergency 

10 communications systems; 

11 ‘‘(12) procedures for disseminating timely and 

12 accurate public alerts and warnings; 

13 ‘‘(13) procedures and policies for the continuity 

14 of operations for government and other essential 

15 services; and 

16 ‘‘(14) search and rescue procedures for popu17 lations with special needs, including persons with 

18 disabilities, health problems, language barriers, and 

19 income barriers, the elderly, children, and individ20 uals with pets, service animals, or farm animals. 

21 ‘‘(c) CONSISTENCY.—A catastrophic emergency plan 

22 required under this section shall be consistent with, and 

23 support the implementation of— 

24 ‘‘(1) any applicable State or urban area home25 land security strategy or plan; and 


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1 ‘‘(2) the National Incident Management Sys2 tem, the National Response Plan, the National Pre3 paredness Goal, the National Preparedness Guid4 ance, the National Infrastructure Protection Plan, 

5 and other such national initiatives as may be deter6 mined by the Secretary. 

7 ‘‘(d) PEER REVIEW CERTIFICATION.— 

8 ‘‘(1) DEVELOPMENT OF REGIONAL PLANS.— 

9 Each Regional Director for Emergency Management 

10 under section 504, in coordination with the Assist11 ant Secretary for Grants and Planning, shall develop 

12 a process of peer review for any catastrophic emer13 gency plan submitted under subsection (a) by a 

14 State or urban area in the geographical area in 

15 which the Regional Office directed by that Regional 

16 Director for Emergency Management is located. 

17 ‘‘(2) DEADLINE FOR SUBMISSION OF PLANS.— 

18 Not later than one year after the date of the enact19 ment of the National Emergency Management Re20 form and Enhancement Act of 2006, each Regional 

21 Director for Emergency Management shall submit a 

22 plan to the National Advisory Council on Emergency 

23 Management describing the peer review process de24 veloped by the Regional Director for Emergency 

25 Management. The National Advisory Council on 


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1 Emergency Management shall review and approve or 

2 disapprove each such plan. 

3 ‘‘(e) REMEDIAL ACTION.—Not later than 90 days 

4 after completion of exercises under subsection (a), the Sec5 retary, in consultation with the Assistant Secretary for 

6 Training and Exercises, shall develop a lessons learned 

7 and remedial action strategy for catastrophic planning. 

8 ‘‘(f) CONSULTATION.—In developing the catastrophic 

9 emergency plan required under this section, a State or 

10 urban area shall consult with and seek appropriate com11 ments from— 

12 ‘‘(1) local governments within the urban area or 

13 State; 

14 ‘‘(2) a geographic and substantive cross section 

15 of emergency response providers and emergency re16 sponse support providers within the urban area or 

17 State (including, in the case of a State, such pro18 viders from both urban and rural areas within the 

19 State); and 

20 ‘‘(3) locally-governed multi-jurisdictional coun21 cils of governments and regional planning commis22 sions responsible for implementing and coordinating 

23 local emergency response plans. 


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1 ‘‘SEC. 525. SYSTEM ASSESSMENT AND VALIDATION FOR 

2 EMERGENCY RESPONDERS PROGRAM. 

3 ‘‘(a) IN GENERAL.—The Secretary, acting through 

4 the Under Secretary for Emergency Management, shall 

5 establish a System Assessment and Validation for Emer6 gency Responders Program to provide high quality, impar7 tial, and operationally relevant evaluations and validations 

8 of critical emergency response provider-related equipment 

9 and systems and provide such evaluations and validations 

10 to emergency response providers in an operationally useful 

11 form. 

12 ‘‘(b) REQUIREMENTS.—The program established 

13 under subsection (a) shall— 

14 ‘‘(1) provide impartial, practitioner relevant, 

15 and operationally oriented assessments and valida16 tions of emergency response provider equipment and 

17 systems, including— 

18 ‘‘(A) commercial, off-the-shelf emergency 

19 response provider equipment and systems in all 

20 equipment list categories of the Interagency 

21 Board for Equipment Standardization and 

22 Interoperability; and 

23 ‘‘(B) such other equipment or systems as 

24 the Secretary determines are appropriate. 

25 ‘‘(2) provide information that enables decision26 makers and emergency response providers to better 


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1 select, procure, use, and maintain emergency re2 sponse provider equipment or systems; 

3 ‘‘(3) assess and validate the performance of 

4 products within a system and systems within sys5 tems; and 

6 ‘‘(4) provide information and feedback to emer7 gency response providers through a well-maintained, 

8 Internet-accessible database. 

9 ‘‘(c) ASSESSMENT AND VALIDATION PROCESS.—The 

10 assessment and validation of emergency response provider 

11 equipment and systems shall utilize multiple evaluation 

12 techniques, including 

13 ‘‘(1) operational assessments of equipment per14 formance on vehicle platforms; 

15 ‘‘(2) technical assessments on a comparative 

16 basis of system component performance across 

17 makes and models under controlled conditions; and 

18 ‘‘(3) integrative assessments on an individual 

19 basis of system component interoperability and com20 patibility with other system components. 

21 ‘‘SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM. 

22 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

23 through the Assistant Secretary for Training and Exer24 cises, shall establish a graduate-level Homeland Security 

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1 vide educational opportunities to senior Federal officials 

2 and selected State and local officials with homeland secu3 rity and emergency management responsibilities. 

4 ‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To 

5 maximize efficiency and effectiveness in carrying out the 

6 Program, the Secretary shall use existing Department-re7 viewed Master’s Degree curricula in homeland security, in8 cluding curricula pending accreditation, together with as9 sociated learning materials, quality assessment tools, dig10 ital libraries, exercise systems and other curriculum com11 ponents already being delivered by Federal, State, and pri12 vate universities and educational facilities, including the 

13 National Domestic Preparedness Consortium. 

14 ‘‘(c) STUDENT ENROLLMENT.— 

15 ‘‘(1) SOURCES.—The student body of the Pro16 gram shall include officials from Federal, State, trib17 al, and local governments, and from other sources 

18 designated by the Under Secretary for Emergency 

19 Management. 

20 ‘‘(2) ENROLLMENT PRIORITIES AND SELECTION

21 CRITERIA.—The Under Secretary for Emergency 

22 Management shall establish policies governing stu23 dent enrollment priorities and selection criteria that 

24 are consistent with the mission of the Program. 


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1 ‘‘(3) DIVERSITY.—The Secretary shall take rea2 sonable steps to ensure that the student body rep3 resents racial, gender, and ethnic diversity. 

4 ‘‘(d) SERVICE COMMITMENT.— 

5 ‘‘(1) IN GENERAL.—Before any employee se6 lected for the Program may be assigned to such edu7 cation, the employee shall agree in writing to— 

8 ‘‘(A) continue in the service of the agency 

9 sponsoring the employee during the two-year 

10 period beginning on the date on which the em11 ployee completes the program, unless the em12 ployee is involuntarily separated from the serv13 ice of that agency for reasons other than reduc14 tion in force; and 

15 ‘‘(B) pay to the Government the amount of 

16 the additional expenses incurred by the Govern17 ment in connection with the employee’s edu18 cation if the employee is voluntarily separated 

19 from the service to the agency before the end 

20 of the period described in subparagraph (A). 

21 ‘‘(2) PAYMENT OF EXPENSES.— 

22 ‘‘(A) EXEMPTION.—An employee who 

23 leaves the service of the sponsoring agency to 

24 enter into the service of another agency in any 

25 branch of the Government shall not be required 


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1 to make a payment under paragraph (1)(B), 

2 unless the head of the agency that sponsored 

3 the education of the employee notifies the em4 ployee before the date on which the employee 

5 enters the service of the other agency that pay6 ment is be required under that paragraph. 

7 ‘‘(B) AMOUNT OF PAYMENT.—If an em8 ployee is required to make a payment under 

9 paragraph (1)(B), the agency that sponsored 

10 the education of the employee shall determine 

11 the amount of the payment, except that such 

12 amount may not exceed the pro rata share of 

13 the expenses incurred for the time remaining in 

14 the two-year period. 

15 ‘‘(3) RECOVERY OF PAYMENT.—If an employee 

16 who is required to make a payment under this sub17 section does not make the payment, a sum equal to 

18 the amount of the expenses incurred by the Govern19 ment for the education of that employee is recover20 able by the Government from the employee or his es21 tate by— 

22 ‘‘(A) setoff against accrued pay, compensa23 tion, amount of retirement credit, or other 

24 amount due the employee from the Government; 

25 or 


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1 ‘‘(B) such other method as is provided by 

2 law for the recovery of amounts owing to the 

3 Government. 

4 ‘‘SEC. 527. OFFICE OF PUBLIC AND COMMUNITY PREPARED5 NESS. 

6 ‘‘(a) IN GENERAL.—There is in the Directorate of 

7 Emergency Management an Office of Public and Commu8 nity Preparedness. 

9 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di10 rector, who shall be appointed by the Secretary. The Di11 rector shall report directly to the Assistant Secretary for 

12 Grants and Planning. 

13 ‘‘(c) COMPONENTS.—The Office of Public and Com14 munity Preparedness shall consist of the following: 

15 ‘‘(1) The various component programs of the 

16 Citizen Corps, including Community Emergency Re17 sponse Teams, Fire Corps, Volunteers in Police 

18 Service, USA on Watch, and the Medical Reserve 

19 Corps. 

20 ‘‘(2) The Internet website known as Ready.gov 

21 and the components of that website, including Ready 

22 Businesses, Ready Kids, and Listo. 

23 ‘‘(3) Such other duties relating to community, 

24 public, and citizen preparedness as the Secretary 

25 may provide. 


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1 ‘‘(d) RESPONSIBILITIES.—The Director of the Office 

2 of Public and Community Preparedness, in coordination 

3 with and support of the Regional Directors of Emergency 

4 Management under section 504, shall have the primary 

5 responsibility within the Department for assisting the ef6 forts of State, local, and tribal governments in preparing 

7 citizens and communities in the United States for acts of 

8 terrorism, natural disasters, and other emergencies, in9 cluding primary responsibility for each of the following: 

10 ‘‘(1) Coordinating and supporting public and 

11 community preparedness efforts at all levels of Gov12 ernment. 

13 ‘‘(2) Serving as the principal advisor to the Sec14 retary on public and community preparedness issues. 

15 ‘‘(3) Developing guidance on citizen prepared16 ness for grants to State, local, and tribal govern17 ments. 

18 ‘‘(4) Providing, through the Regional Offices 

19 under section 504, State, local, and tribal Citizen 

20 Corps Councils with tools, information, and technical 

21 assistance to connect local and national citizen pre22 paredness efforts. 

23 ‘‘(5) Directing, managing, and implementing all 

24 programs associated with the entities under sub25 section (c). 


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1 ‘‘(6) Establishing specialized preparedness pro2 grams for at-risk communities under subsection (e). 

3 ‘‘(7) Ensuring coordination with private sector 

4 entities, faith-based groups, other nongovernmental 

5 organizations, special needs groups, emergency re6 sponse provider organizations, emergency response 

7 support provider organizations, and international or8 ganizations, in order to promote citizen preparedness 

9 and participation. 

10 ‘‘(8) Developing a comprehensive program of 

11 public service announcements for use on a national 

12 basis or, in consultation with State, local, or tribal 

13 governments, on a regional, State, or local basis. 

14 ‘‘(9) Assisting in the implementation of national 

15 strategies for public and community preparedness, 

16 including the development of individual preparedness 

17 skills and capabilities, including assembling pre18 paredness kits, developing emergency communica19 tions plans, training in basic fist aid, and learning 

20 how to react to a variety of emergencies. 

21 ‘‘(e) AT-RISK COMMUNITIES.—In carrying out the 

22 responsibilities under this section, the Director shall con23 sider the unique preparedness challenges faced by persons 

24 with disabilities, health problems, language barriers, and 


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

2 pets, service animals, or farm animals. 

3 ‘‘(f) NATIONAL CITIZEN CORPS COUNCIL.— 

4 ‘‘(1) IN GENERAL.—There is in the Directorate 

5 a National Citizen Corps Council. The Under Sec6 retary for Emergency Management or a designee 

7 shall serve as chair of the Council. 

8 ‘‘(2) MEMBERSHIP.—The Council shall consist 

9 of national leaders of organizations and associations 

10 representing at risk communities described under 

11 subsection (e), emergency response providers, emer12 gency response support providers, community and 

13 volunteer service providers, government, and the pri14 vate sector. 

15 ‘‘(3) RESPONSIBILITIES.—The responsibilities 

16 of the Council are as follows: 

17 ‘‘(A) To work together at the national level 

18 and encourage members of the Council at the 

19 State, local, and tribal level to collaborate in 

20 support of the Citizen Corps. 

21 ‘‘(B) To identify opportunities for Federal, 

22 State, local, and tribal organizations to collabo23 rate to accomplish the shared goals of the Cit24 izen Corps programs. 


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1 ‘‘(C) To encourage the development and 

2 support of local Citizen Corps Councils and to 

3 advance the Citizen Corps mission across the 

4 country. 

5 ‘‘(D) To exchange facts and information 

6 on programs to promote public awareness, 

7 training, safety, and volunteer service opportu8 nities and on safety and preparedness messages 

9 to be conveyed to the public. 

10 ‘‘(E) To develop and disseminate messages 

11 on safety and emergency preparedness that will 

12 be effective in engaging communities and indi13 viduals in the Citizen Corps. 

14 ‘‘(F) To serve as the catalyst for engaging 

15 others within their areas of expertise to pro16 mote the Citizen Corps mission. 

17 ‘‘(4) MEETINGS.—The Under Secretary for 

18 Emergency Management or a designee shall convene 

19 meetings of the National Citizen Corps Council at 

20 the discretion of the Under Secretary or at the di21 rection of the Secretary. 

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

23 ‘‘(1) coordinate with other Federal entities, as 

24 appropriate, including the Departments of Health 

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1 cation, the Environmental Protection Agency, and 

2 the Corporation for National and Community Serv3 ice, to enhance public and community preparedness; 

4 ‘‘(2) coordinate with State, local, and tribal 

5 governments; and 

6 ‘‘(3) subject to the availability of appropria7 tions, make grants and enter into contracts and co8 operative agreements with other Federal agencies 

9 and nongovernmental organizations, as may be nec10 essary and proper to carry out the responsibilities of 

11 the Director under this section. 

12 ‘‘Subtitle C—Emergency Response 

13 ‘‘SEC. 541. NATIONAL INCIDENT MANAGEMENT SYSTEM 

14 AND NATIONAL RESPONSE PLAN INTEGRA15 TION CENTER. 

16 ‘‘(a) IN GENERAL.—There is in the Directorate of 

17 Emergency Management a National Incident Management 

18 System and National Response Plan Integration Center 

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

20 ‘‘(b) DIRECTOR.—The NIC shall be headed by a Di21 rector, who shall be appointed by the Secretary. The Di22 rector shall report directly to the Deputy Under Secretary 

23 for Response and Recovery. 

24 ‘‘(c) RESPONSIBILITIES.—The Director, in consulta25 tion with the Assistant Secretary for Grants and Planning 


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1 and the heads of other appropriate Federal departments 

2 and agencies, and the National Advisory Council on Emer3 gency Management under section 508, shall establish a 

4 mechanism for ensuring ongoing management and mainte5 nance of the National Incident Management System 

6 (NIMS), the National Response Plan (NRP), any other 

7 document or tool in support of Homeland Security Presi8 dential Directive 5, or any other Homeland Security Presi9 dential Directive related to incident management and re10 sponse. The responsibilities of the Director shall include 

11 the following: 

12 ‘‘(1) Revising, as appropriate, the NIMS and 

13 the NRP not later than 90 days after the enactment 

14 of this section with respect to— 

15 ‘‘(A) clarifying the roles and responsibil16 ities of the Principal Federal Official, the Fed17 eral Coordinating Officer, the Federal Resource 

18 Coordinator, and the Disaster Recovery Man19 ager; 

20 ‘‘(B) developing procedures for the timely 

21 activation of each such role; 

22 ‘‘(C) establishing as part of the NRP an 

23 emergency support function with respect to vol24 unteers and donations; 


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1 ‘‘(D) realigning the emergency support 

2 functions of the NRP so as to be consistent 

3 with the NIMS; 

4 ‘‘(E) developing doctrine and procedures 

5 relating to the management of acts of ter6 rorism, natural disasters, and other emergencies 

7 affecting multiple State; 

8 ‘‘(F) improving the utilization of Federal, 

9 State, local, and tribal resources, including the 

10 deployment of emergency response providers, 

11 specialized equipment, and supplies; 

12 ‘‘(G) finalizing and releasing the Cata13 strophic Incident Supplement to the NRP; 

14 ‘‘(H) ensuring the effective use of emer15 gency response providers at emergency scenes; 

16 and 

17 ‘‘(I) reviewing other matters pertaining to 

18 the NIMS and the NRP as the Secretary may 

19 require. 

20 ‘‘(2) Developing a national program for NIMS 

21 and NRP education and awareness, including spe22 cific instruction on the purposes of the NIMS and 

23 the NRP and responsibilities of the NIC. 

24 ‘‘(3) Promoting the compatibility between na25 tional voluntary consensus standards for the NIMS 


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1 and the NRP and such standards developed by other 

2 public, private, or professional groups. 

3 ‘‘(4) Facilitating the development and publica4 tion of materials and standardized templates to sup5 port the implementation and continuous refinement 

6 of the NIMS and the NRP. 

7 ‘‘(5) Developing performance measures and as8 sessment criteria for the various components of the 

9 NIMS and the NRP and compliance requirements 

10 and compliance timelines for implementation by 

11 Federal, State, local, and tribal entities. 

12 ‘‘(6) Establishing a peer review process for 

13 NIMS compliance certifications that verifies the sat14 isfaction of training, planning, exercising, and other 

15 activities. 

16 ‘‘(7) Defining, in consultation with the Assist17 ant Secretary for Training and Exercises, the gen18 eral training requirements and the national training 

19 standards and course curricula associated with the 

20 NIMS and the NRP. 

21 ‘‘(8) Facilitating the development of national 

22 voluntary consensus standards, guidelines, and pro23 tocols for incident management training and exer24 cises, including consideration of existing exercise and 

25 training programs at all levels of government. 


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1 ‘‘(9) Facilitating the establishment and mainte2 nance of a publication management system for docu3 ments supporting the NIMS and the NRP and other 

4 related publications and materials related to the 

5 NIMS and the NRP, including the development or 

6 coordination of general publications. 

7 ‘‘(10) Reviewing and certifying, in coordination 

8 with accrediting organizations and in consultation 

9 with Federal, State, local, tribal, private-sector, and 

10 nongovernmental entities, the discipline-specific pub11 lication management requirements submitted by pro12 fessional organizations and associations. 

13 ‘‘(11) Facilitating the development and publica14 tion of national voluntary consensus standards, 

15 guidelines, and protocols for the qualification and 

16 certification of emergency response providers and in17 cident management personnel, as appropriate. 

18 ‘‘(12) Reviewing and approving, in coordination 

19 with appropriate national professional organizations 

20 and with input from Federal, State, local, tribal, pri21 vate-sector, and other nongovernmental entities, the 

22 discipline-specific qualification and certification re23 quirements submitted by emergency responder and 

24 incident management organizations and associations. 


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1 ‘‘(13) Facilitating the establishment and main2 tenance of a documentation and database system re3 lated to qualification, certification, and credentialing 

4 of incident management personnel and organiza5 tions, including reviewing and approving, in coordi6 nation with appropriate national professional organi7 zations and with input from the Federal, State, 

8 local, tribal, private-sector and nongovernmental en9 tities, of the discipline-specific requirements sub10 mitted by functionally oriented incident management 

11 organizations and associations. 

12 ‘‘(14) Establishing a data maintenance system 

13 to provide incident managers with the detailed quali14 fication, experience, and training information needed 

15 to credential personnel for prescribed national inci16 dent management positions. 

17 ‘‘(15) Coordinating minimum professional cer18 tification standards and facilitation of the design 

19 and implementation of a credentialing system that 

20 can be used nationwide. 

21 ‘‘(16) Facilitating the development and issuance 

22 of national standards for the typing of resources. 

23 ‘‘(17) Facilitating the definition and mainte24 nance of the information framework required to 

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1 tems, including the development of data standards 

2 for— 

3 ‘‘(A) incident notification and situation re4 ports; 

5 ‘‘(B) status reporting; 

6 ‘‘(C) analytical data; 

7 ‘‘(D) geospatial information; 

8 ‘‘(E) wireless communications; 

9 ‘‘(F) identification and authentication; and 

10 ‘‘(G) incident reports, including lessons 

11 learned reports. 

12 ‘‘(18) Performing such other duties relating to 

13 such responsibilities as the Secretary may require. 

14 ‘‘SEC. 542. USE OF NATIONAL PRIVATE SECTOR NETWORKS 

15 IN EMERGENCY RESPONSE. 

16 ‘‘To the maximum extent practicable, the Secretary, 

17 acting through the Under Secretary for Emergency Man18 agement, shall use national private sector networks and 

19 infrastructure for emergency response to acts of terrorism, 

20 natural disasters, and other emergencies. 

21 ‘‘SEC. 543. NUCLEAR INCIDENT RESPONSE. 

22 ‘‘(a) NUCLEAR INCIDENT RESPONSE TEAM.—In con23 nection with actual or threatened acts of terrorism, nat24 ural disasters, or other emergencies in the United 

25 States— 


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1 ‘‘(1) the Nuclear Incident Response Team shall 

2 operate as an organizational unit of the Department; 

3 and 

4 ‘‘(2) while so operating, the Secretary shall 

5 have direction, authority, and control of the Nuclear 

6 Incident Response Team. 

7 ‘‘(b) RESPONSIBILITIES.—In addition to the author8 ity under subsection (a), the Secretary, acting through the 

9 Under Secretary for Emergency Management, shall at all 

10 times carry out the following responsibilities: 

11 ‘‘(1) Establishing standards for performance of 

12 the Nuclear Incident Response Team and, when 

13 such standards have been met, certifying that they 

14 have been met. 

15 ‘‘(2) Conducting joint and other exercises and 

16 training and evaluating performance. 

17 ‘‘(3) Providing funds to the Department of En18 ergy and the Environmental Protection Agency, as 

19 appropriate, for homeland security planning, exer20 cises and training, and equipment. 

21 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to limit the responsibility of the 

23 Secretary of Energy and the Administrator of the Envi24 ronmental Protection Agency for organizing, training, 

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1 ticipate in the Nuclear Incident Response Team, or (sub2 ject this section) from exercising direction, authority, and 

3 control over such entities when they are not operating as 

4 a unit of the Department. 

5 ‘‘(d) DEFINITION.—In this section, the term ‘Nuclear 

6 Incident Response Team’ means a resource that in7 cludes— 

8 ‘‘(1) those entities of the Department of Energy 

9 that perform nuclear or radiological emergency sup10 port functions (including accident response, search 

11 response, advisory, and technical operations func12 tions), radiation exposure functions at the medical 

13 assistance facility known as the Radiation Emer14 gency Assistance Center/Training Site (REAC/TS), 

15 radiological assistance functions, and related func16 tions; and 

17 ‘‘(2) those entities of the Environmental Protec18 tion Agency that perform such support functions (in19 cluding radiological emergency response functions) 

20 and related functions. 

21 ‘‘SEC. 544. NATIONAL URBAN SEARCH AND RESCUE RE22 SPONSE SYSTEM. 

23 ‘‘(a) NATIONAL URBAN SEARCH AND RESCUE RE24 SPONSE SYSTEM.—There is in the Directorate of Emer25 gency Management an emergency response system known 


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1 as the National Urban Search and Rescue Response Sys2 tem that provides a national network of standardized 

3 search and rescue resources to assist State, local, and trib4 al governments in responding to acts of terrorism, natural 

5 disasters, and other emergencies. 

6 ‘‘(b) ADMINISTRATION OF THE SYSTEM.— 

7 ‘‘(1) TASK FORCE PARTICIPATION.—The Under 

8 Secretary for Emergency Management shall select 

9 eligible urban search and rescue teams that are 

10 sponsored by State and local government entities to 

11 participate as task forces in the System. The Under 

12 Secretary shall determine the criteria for such par13 ticipation. 

14 ‘‘(2) AGREEMENTS WITH SPONSORING AGEN15 CIES.—The Under Secretary shall enter into an 

16 agreement with the State or local government entity 

17 that sponsors each search and rescue team selected 

18 under paragraph (1) with respect the team’s partici19 pation as a task force in the System. 

20 ‘‘(3) URBAN SEARCH AND RESCUE TEAM PER21 SONNEL.—Personnel of an urban search and rescue 

22 team that participates as a task force under this sec23 tion may be— 

24 ‘‘(A) personnel of the State or local gov25 ernment sponsor; or 


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1 ‘‘(B) personnel of any other Federal, 

2 State, or local government entity that enters 

3 into a participation agency agreement with the 

4 State or local government sponsor of the team. 

5 ‘‘(4) MANAGEMENT AND TECHNICAL TEAMS.— 

6 The Under Secretary shall maintain such manage7 ment and other technical teams as are necessary to 

8 administer the System. 

9 ‘‘(c) ADVISORY COMMITTEE.— 

10 ‘‘(1) IN GENERAL.—The Under Secretary shall 

11 establish and maintain an advisory committee to 

12 provide expert recommendations to the Under Sec13 retary with respect to administering the System. 

14 ‘‘(2) COMPOSITION.—The advisory committee 

15 shall be geographically diverse, and shall include, at 

16 a minimum— 

17 ‘‘(A) the chief officer or senior executive 

18 from each of at least three State or local gov19 ernments that sponsor urban search and rescue 

20 teams selected to participate in the System as 

21 task forces; 

22 ‘‘(B) the senior emergency manager from 

23 each of at least two States in which such local 

24 governments are located; and 


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1 ‘‘(C) at least one representative selected by 

2 the leaders of the task forces. 

3 ‘‘(3) TERMINATION.—The advisory committee 

4 shall terminate on the date that is two years after 

5 the date of the enactment of the National Emer6 gency Management Reform and Enhancement Act of 

7 2006. 

8 ‘‘SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

9 ‘‘(a) IN GENERAL.—There is in the Department a 

10 Metropolitan Medical Response System. Under the Sys11 tem, the Assistant Secretary for Grants and Planning 

12 shall administer grants to develop, maintain, and enhance 

13 medical preparedness systems that are capable of respond14 ing effectively during the initial hours of a public health 

15 crisis or mass-casualty event caused by an act of ter16 rorism, natural disaster, or other emergency. 

17 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re18 sponse System shall make grants to local governments to 

19 enhance any of the following activities: 

20 ‘‘(1) Medical surge capacity. 

21 ‘‘(2) Mass prophylaxis. 

22 ‘‘(3) Chemical, biological, radiological, nuclear, 

23 and explosive detection, response, and decontamina24 tion capabilities. 

25 ‘‘(4) Emergency communications capabilities. 


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1 ‘‘(5) Information sharing and collaboration ca2 pabilities. 

3 ‘‘(6) Regional collaboration. 

4 ‘‘(7) Triage and pre-hospital treatment. 

5 ‘‘(8) Medical supply management and distribu6 tion. 

7 ‘‘(9) Fatality management. 

8 ‘‘(10) Such other activities as the Secretary 

9 may provide. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary for each of the fiscal years 2007 through 2010. 

13 ‘‘SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COM14 PACT AUTHORIZATION. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through 

16 the Under Secretary for Emergency Management, may 

17 make grants for the purposes of administering the Emer18 gency Management Assistance Compact consented to by 

19 Public Law 104–321. 

20 ‘‘(b) USES.—A grant under this section shall be 

21 used— 

22 ‘‘(1) to carry out recommendations identified in 

23 after-action reports for the 2004 and 2005 hurricane 

24 season issued under the Emergency Management 

25 Assistance Compact; 


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1 ‘‘(2) to coordinate with the Department and 

2 other Federal Government agencies; or 

3 ‘‘(3) to coordinate with State and local govern4 ment entities and their respective national associa5 tions. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary to carry 

8 out this section $4,000,000 for each fiscal year. Amounts 

9 appropriated under this section shall remain available for 

10 3 fiscal years. 

11 ‘‘Subtitle D—Emergency 

12 Communications 

13 ‘‘SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS. 

14 ‘‘(a) IN GENERAL.—There is in the Department an 

15 Office of Emergency Communications, which shall be 

16 under the authority of the Under Secretary for Emergency 

17 Management. 

18 ‘‘(b) ASSISTANT SECRETARY.—The head of the office 

19 shall be the Assistant Secretary for Emergency Commu20 nications. 

21 ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 

22 for Emergency Communications shall— 

23 ‘‘(1) assist the Secretary in developing and im24 plementing the program described in section 

25 7303(a)(1) of the Intelligence Reform and Terrorism 


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1 Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except 

2 as provided in section 5 of the National Emergency 

3 Management Reform and Enhancement Act of 2006; 

4 ‘‘(2) administer the Department’s responsibil5 ities and authorities relating to the SAFECOM Pro6 gram; 

7 ‘‘(3) administer the Department’s responsibil8 ities and authorities relating to the Integrated Wire9 less Network program; 

10 ‘‘(4) coordinate, as appropriate, with the Assist11 ant Secretary for Cybersecurity and Telecommuni12 cations, regarding the administration of the National 

13 Communications System; 

14 ‘‘(5) conduct extensive, nationwide outreach and 

15 foster the development of interoperable emergency 

16 communications capabilities by State, regional, local, 

17 and tribal governments and public safety agencies; 

18 ‘‘(6) provide technical assistance to State, re19 gional, local, and tribal officials with respect to use 

20 of interoperable emergency communications capabili21 ties; 

22 ‘‘(7) facilitate the creation of Regional Emer23 gency Communications Coordination Working 

24 Groups under section 565; 


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1 ‘‘(8) promote the development of standard oper2 ating procedures with respect to use of interoperable 

3 emergency communications capabilities for incident 

4 response and facilitate the sharing of information on 

5 best practices (including from governments abroad) 

6 for achieving, maintaining, and enhancing interoper7 able emergency communications capabilities for such 

8 response; 

9 ‘‘(9) coordinate the establishment of a national 

10 response capability with initial and ongoing plan11 ning, implementation, and training for the deploy12 ment of backup communications services in the 

13 event of a catastrophic loss of local and regional 

14 emergency communications services; 

15 ‘‘(10) assist the President, the National Secu16 rity Council, the Homeland Security Council, the Di17 rector of the Office of Science and Technology Pol18 icy, and the Director of the Office of Management 

19 and Budget in ensuring the operability of the tele20 communications functions and responsibilities of the 

21 Federal Government; 

22 ‘‘(11) establish requirements for total and non23 proprietary interoperable emergency communications 

24 capabilities for all public safety radio and data com25 munications systems and equipment; 


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1 ‘‘(12) help to establish an integrated national 

2 public alert and warning system that incorporates 

3 legacy systems; and 

4 ‘‘(13) review, in consultation with Assistant 

5 Secretary for Grants and Planning, all interoperable 

6 emergency communications plans of Federal, State, 

7 local, and tribal governments, including Statewide 

8 and tactical interoperability plans. 

9 ‘‘(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED

10 FUNCTIONS.—There is transferred to the Secretary the 

11 authority to administer, through the Assistant Secretary 

12 for Emergency Communications, the following: 

13 ‘‘(1) The SAFECOM Program. 

14 ‘‘(2) The responsibilities of the Chief Informa15 tion Officer related to the implementation of the In16 tegrated Wireless Network. 

17 ‘‘(3) The Interoperable Communications Tech18 nical Assistance Program. 

19 ‘‘(e) COORDINATION.—The Assistant Secretary shall 

20 coordinate, as appropriate, with the Director of the Office 

21 for Interoperability and Compatibility the responsibilities 

22 described in section 104 of the National Emergency Man23 agement Reform and Enhancement Act of 2006. 

24 ‘‘(f) SUFFICIENCY OF RESOURCES.—The Secretary 

25 shall provide the Office of Emergency Communications the 


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1 resources and staff necessary to carry out the responsibil2 ities under this section. 

3 ‘‘SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS 

4 STRATEGY. 

5 ‘‘(a) IN GENERAL.—The Secretary, acting through 

6 the Assistant Secretary for Emergency Communications, 

7 shall, not later than one year after the completion of the 

8 baseline assessment under section 563, and in cooperation 

9 with State, local, and tribal governments, Federal depart10 ments and agencies, emergency response providers, emer11 gency response support responders, and the private sector, 

12 develop a National Emergency Communication Strategy 

13 to achieve interoperable emergency communications. 

14 ‘‘(b) CONTENTS.—The national strategy shall— 

15 ‘‘(1) include a national interoperable emergency 

16 communication inventory that— 

17 ‘‘(A) identifies for each Federal depart18 ment and agency— 

19 ‘‘(i) the channels and frequencies 

20 used; 

21 ‘‘(ii) the nomenclature used to refer to 

22 each channel or frequency used; and 

23 ‘‘(iii) the types of communications 

24 system and equipment used; 


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1 ‘‘(B) identifies the interoperable emergency 

2 communication systems in use for public safety 

3 systems in the United States; and 

4 ‘‘(C) provides a listing of public safety mu5 tual aid channels in operation and their ability 

6 to connect to an interoperable communications 

7 system; 

8 ‘‘(2) include, in consultation with the National 

9 Institute of Standards and Technology, a process for 

10 expediting national voluntary consensus-based emer11 gency communications equipment standards for the 

12 purchase and use by public safety agencies of inter13 operable emergency communications equipment and 

14 technologies; 

15 ‘‘(3) identify the appropriate interoperable 

16 emergency communications capabilities necessary for 

17 Federal, State, local, and tribal governments to op18 erate at all threat levels; 

19 ‘‘(4) address both short-term and long-term so20 lutions to achieving Federal, State, local, and tribal 

21 interoperable emergency communications systems, 

22 including provision of commercially available equip23 ment that facilitates operability, interoperability, co24 ordination, and integration among existing emer25 gency communications systems; 


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1 ‘‘(5) identify how Federal Government depart2 ments and agencies that respond to acts of ter3 rorism, natural disasters, and other emergencies can 

4 work effectively with State, local, and tribal govern5 ments, in all States, and such other entities as are 

6 necessary to implement the strategy; 

7 ‘‘(6) include measures to identify and overcome 

8 all obstacles to achieving interoperable emergency 

9 communications; and 

10 ‘‘(7) set goals and establish timeframes for the 

11 achievement of an emergency, command-level com12 munication system based on existing equipment 

13 across the United States and develop a timetable for 

14 a nationwide interoperable emergency communica15 tions system. 

16 ‘‘SEC. 563. ASSESSMENTS AND REPORTS. 

17 ‘‘(a) BASELINE OPERABILITY AND INTEROPER18 ABILITY ASSESSMENT.—The Secretary, acting through 

19 the Assistant Secretary for Emergency Communications, 

20 shall periodically, but not less than every 5 years, conduct 

21 an assessment of Federal, State, local, and tribal govern22 ments, to— 

23 ‘‘(1) define the range of operable and interoper24 able emergency communications capabilities needed 

25 for specific events; 


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1 ‘‘(2) assess the current capabilities to meet 

2 such communications needs; 

3 ‘‘(3) identify the gap between such current ca4 pabilities and defined requirements; 

5 ‘‘(4) determine the degree to which interoper6 able emergency communications has been achieved 

7 to date and ascertain the needs that remain for 

8 interoperability to be achieved; 

9 ‘‘(5) assess the ability of communities to pro10 vide and maintain interoperable emergency commu11 nications among emergency response providers, 

12 emergency response support providers, and govern13 ment officials in the event of acts of terrorism, nat14 ural disasters, or other emergencies, including Inci15 dents of National Significance declared by the Sec16 retary under the National Response Plan, and where 

17 there is substantial damage to ordinary communica18 tions infrastructure or sustained loss of electricity; 

19 ‘‘(6) compile a list of best practices among com20 munities for providing and maintaining interoperable 

21 emergency communications in the event of acts of 

22 terrorism, natural disasters, or other emergencies; 

23 and 

24 ‘‘(7) evaluate the feasibility and desirability of 

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1 junction with the Department of Defense, a mobile 

2 communications capability, modeled on the Army 

3 Signal Corps, that could be deployed to support 

4 emergency communications at the site of acts of ter5 rorism, natural disasters, or other emergencies. 

6 ‘‘(b) ANNUAL REPORT.—Not later than 1 year after 

7 the date of enactment of this section, and annually there8 after, the Secretary, acting through the Assistant Sec9 retary for Emergency Communications, shall submit to 

10 Congress a report on the Department’s progress in imple11 menting and achieving the goals of this section, including 

12 a description of the findings of the nationwide assessment 

13 conducted under subsection (a). 

14 ‘‘SEC. 564. COORDINATION OF FEDERAL EMERGENCY COM15 MUNICATIONS GRANT PROGRAMS. 

16 ‘‘(a) ASSESSMENT OF GRANTS AND STANDARDS PRO17 GRAMS.—The Secretary, acting through Assistant Sec18 retary for Emergency Communications, shall assess Fed19 eral grants and standards programs managed by other 

20 Federal departments and agencies to— 

21 ‘‘(1) integrate and coordinate Federal grant 

22 guidelines for the use of Federal homeland security 

23 assistance relating to interoperable emergency com24 munications; 


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1 ‘‘(2) assess and make recommendations to en2 sure that such guidelines are consistent with the 

3 mission of the Office of Emergency Communications; 

4 and 

5 ‘‘(3) assess and make recommendations to en6 sure conformity with the goals and objectives identi7 fied in the National Emergency Communications 

8 Strategy. 

9 ‘‘(b) DENIAL OF ELIGIBILITY FOR GRANTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through Assistant Secretary for Grants and Plan12 ning, and in consultation with the Assistant Sec13 retary for Emergency Communications, may prohibit 

14 any State, local, or tribal government from using 

15 Federal homeland security assistance administered 

16 by the Department to achieve, maintain, or enhance 

17 interoperable emergency communications capabili18 ties, if— 

19 ‘‘(A) such government has not complied 

20 with the requirement to submit a Statewide 

21 Interoperable Communications Plans as re22 quired by section 7303(f) of the Intelligence Re23 form and Terrorism Prevention Act of 2004 (6 

24 U.S.C. 194(f)); and 


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1 ‘‘(B) within three years after the date of 

2 the enactment of this section, national vol3 untary consensus standards for interoperable 

4 emergency communications capabilities have not 

5 been developed and promulgated. 

6 ‘‘(2) STANDARDS.—The Secretary, in coordina7 tion with other Federal departments and agencies 

8 with responsibility for standards shall develop, pro9 mulgate, and revise national voluntary consensus 

10 standards on interoperable emergency communica11 tions within 4 years after the date of the enactment 

12 of this section, if the requirements of paragraph 

13 (1)(B) have not been satisfied. 

14 ‘‘(c) TRANSFER OF FUNCTIONS.—Not later than 60 

15 days after the date of the enactment of this subsection, 

16 the President shall transfer to the Assistant Secretary for 

17 Emergency Communications the functions authorized by 

18 section 3006 of the Deficit Reduction Act of 2006 (Public 

19 Law 109–71; 120 Stat. 24), including the authority to 

20 borrow under 3006(b) of that Act. 

21 ‘‘SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS CO22 ORDINATION. 

23 ‘‘(a) IN GENERAL.—There is in each Regional Office 

24 under section 504 a Regional Emergency Communications 


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1 Coordination Working Group (in this section referred to 

2 as an ‘RECC Working Group’). 

3 ‘‘(b) SUBJECT MATTER EXPERTS.—The RECC 

4 Working Group shall consist of the following: 

5 ‘‘(1) NON-FEDERAL.—Organizations rep6 resenting the interests of the following: 

7 ‘‘(A) State officials. 

8 ‘‘(B) Local elected officials. 

9 ‘‘(C) State police departments. 

10 ‘‘(D) Local police departments. 

11 ‘‘(E) Local fire departments. 

12 ‘‘(F) Public safety answering points (9–1– 

13 1 services). 

14 ‘‘(G) Communications equipment vendors 

15 (including broadband data service providers). 

16 ‘‘(H) Hospitals. 

17 ‘‘(I) Public utility services. 

18 ‘‘(J) Local exchange carriers. 

19 ‘‘(K) Local broadcast media. 

20 ‘‘(L) Wireless carriers. 

21 ‘‘(M) Satellite communications services. 

22 ‘‘(N) Emergency evacuation transit serv23 ices. 

24 ‘‘(O) Ambulance services. 

25 ‘‘(P) HAM and amateur radio operators. 


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1 ‘‘(Q) Emergency Managers, Homeland Se2 curity Directors, or representatives of State Ad3 ministrative Agencies. 

4 ‘‘(R) Other emergency response providers 

5 or emergency support providers as deemed ap6 propriate. 

7 ‘‘(2) FEDERAL.—Representatives from the De8 partment and other Federal departments and agen9 cies with responsibility for coordinating interoperable 

10 emergency communications with or providing emer11 gency support services to State, local, and tribal gov12 ernments. 

13 ‘‘(c) DUTIES.—The duties of each RECC Working 

14 Group shall include— 

15 ‘‘(1) assessing the survivability, sustainability, 

16 and interoperability of local emergency communica17 tions systems to meet the goals of the National 

18 Emergency Communications Strategy; 

19 ‘‘(2) reporting annually to the Assistant Sec20 retary for Emergency Communications on the status 

21 of its region in building a robust and sustainable 

22 interoperable voice and data emergency communica23 tions network and on the progress of the region in 

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1 munications Strategy under section 562 when such 

2 Strategy in complete; 

3 ‘‘(3) coordinating the establishment of an effec4 tive multi-jurisdictional, multi-agency emergency 

5 communications network for use during acts of ter6 rorism, natural disasters, and other emergencies 

7 through the expanded use of emergency management 

8 and public safety communications mutual aid agree9 ments; and 

10 ‘‘(4) coordinating the establishment of Federal, 

11 State, local, and tribal support services and net12 works designed to address the immediate and critical 

13 human needs in responding to acts of terrorism, nat14 ural disasters, and other emergencies. 

15 ‘‘SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS 

16 CENTER. 

17 ‘‘(a) ESTABLISHMENT.—There is established the 

18 Emergency Communications Preparedness Center (in this 

19 section referred to as the ‘Center’). 

20 ‘‘(b) OPERATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary, the Chair22 man of the Federal Communication Commission, the 

23 Secretary of Defense, the Secretary of Commerce, 

24 the Attorney General, and the heads of other Fed25 eral departments and agencies or their designees 


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1 shall jointly operate the Center in accordance with 

2 the Memorandum of Understanding entitled, ‘Emer3 gency Communications Preparedness Center 

4 (ECPC) Charter’. 

5 ‘‘(2) CHAIR.—The Secretary shall be the Chair 

6 of the Center. 

7 ‘‘(c) FUNCTIONS.—The Center shall— 

8 ‘‘(1) serve as the focal point for interagency ef9 forts to address operable and interoperable commu10 nications; 

11 ‘‘(2) serve as a clearinghouse with respect to all 

12 relevant information regarding intergovernmental ef13 forts to achieve nationwide interoperable emergency 

14 communications capabilities; 

15 ‘‘(3) ensure cooperation among the relevant 

16 Federal Government departments and agencies to 

17 improve effectiveness in the communication and im18 plementation of the goals of the National Emergency 

19 Communications Strategy, including specifically by 

20 working to avoid duplication, hindrances, and coun21 teractive efforts among the participating Federal de22 partments and agencies; 

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1 ment the National Emergency Communications 

2 Strategy; and 

3 ‘‘(5) perform such other functions as the Presi4 dent may assign. 

5 ‘‘(d) REPORT.—Not later than 180 days after the 

6 date of the enactment of this section, the President shall 

7 transmit to the Congress a report regarding the implemen8 tation of this section, including a description of the staff9 ing and resource needs of the Center. 

10 ‘‘SEC. 567. URBAN AND OTHER HIGH RISK AREA COMMU11 NICATIONS CAPABILITIES. 

12 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

13 with the Chairman of the Federal Communications Com14 mission and the Secretary of Defense, and with appro15 priate State, local, and tribal government officials, shall 

16 provide technical guidance, training, and other assistance, 

17 as appropriate, to support the rapid establishment of con18 sistent, secure, and effective interoperable emergency com19 munications capabilities in the event of an emergency in 

20 urban and other areas determined by the Secretary to be 

21 at consistently high levels of risk from terrorist attack. 

22 ‘‘(b) MINIMUM CAPABILITIES.—The interoperable 

23 emergency communications capabilities established under 

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1 sponse support providers, the private sector, and other or2 ganizations with emergency response capabilities— 

3 ‘‘(1) to communicate with each other in the 

4 event of an emergency; 

5 ‘‘(2) to have appropriate and timely access to 

6 the Information Sharing Environment described in 

7 section 1016 of the National Security Intelligence 

8 Reform Act of 2004 (6 U.S.C. 321); and 

9 ‘‘(3) to be consistent with any applicable State 

10 or Urban Area homeland strategy or plan. 

11 ‘‘SEC. 568. INTEGRATED NATIONAL ALERT AND WARNING 

12 SYSTEM. 

13 ‘‘(a) IN GENERAL.—The Secretary, acting through 

14 the Assistant Secretary for Emergency Communications, 

15 and in coordination with the head of any Federal depart16 ment or agency that possesses or acquires alert and warn17 ing capabilities, including the Departments of Commerce 

18 and Defense and the Federal Communications Commis19 sion, shall develop, manage, operate, and coordinate an in20 tegrated national public alert and warning system that in21 corporates legacy systems. 

22 ‘‘(b) REQUIREMENTS.—Such system shall— 

23 ‘‘(1) be operational within 3 years of the date 

24 of enactment of this section; 


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1 ‘‘(2) ensure effective collaboration with State, 

2 local, and tribal governments; 

3 ‘‘(3) complement and provide interoperability 

4 with State, local, and tribal public alert and warning 

5 systems; 

6 ‘‘(4) ensure the interoperability of commercially 

7 available equipment for radio and data communica8 tions systems; 

9 ‘‘(5) carry alert and warning messages for acts 

10 of terrorism, natural disasters, and other emer11 gencies; 

12 ‘‘(6) conduct regular internal training and exer13 cises on generating and disseminating public alert 

14 and warning messages; 

15 ‘‘(7) support public education and outreach to 

16 increase community awareness of the integrated na17 tional alert and warning system; 

18 ‘‘(8) incorporate, to the maximum extent pos19 sible, technologies and systems that warn and sup20 port the unique needs faced by persons with disabil21 ities or language barriers; 

22 ‘‘(9) develop public–private partnerships to— 

23 ‘‘(A) leverage government and industry 

24 needs, capabilities, and resources necessary to 

25 delivery effective disaster warnings; 


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1 ‘‘(B) facilitate the development, promulga2 tion, and regular updating of national voluntary 

3 consensus standards for public alert and warn4 ing technologies; 

5 ‘‘(C) identify, in consultation with the As6 sistant Secretary for Infrastructure Protection 

7 and the Assistant Secretary for Cybersecurity 

8 and Telecommunications, critical infrastructure 

9 and key resources necessary to provide accu10 rate, survivable, and sustainable public alerts 

11 and warnings; 

12 ‘‘(D) incorporate private sector threat in13 formation sharing into Federal, State, and local 

14 alert and warning systems; and 

15 ‘‘(E) ensure continuity of operations plans 

16 are in place to minimize the disruption to com17 munications infrastructure used for the dissemi18 nation of public alerts and warnings; 

19 ‘‘(10) promulgate standard operating proce20 dures and protocols for the integrated national pub21 lic alert and warning system; and 

22 ‘‘(11) identify and incorporate existing, new, 

23 and emerging technologies, including the utilization 

24 of both satellite and ground based alert and warning 


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1 distribution networks to provide redundant, timely, 

2 and accurate public alerts and warnings. 

3 ‘‘(c) IMPLEMENTATION PLAN.—The Secretary, act4 ing through the Assistant Secretary for Emergency Com5 munications, shall develop an implementation plan for this 

6 section within 180 days after the enactment of this sec7 tion. 

8 ‘‘Subtitle E—Emergency Logistics 

9 ‘‘SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM. 

10 ‘‘(a) IN GENERAL.—The Secretary, acting through 

11 the Under Secretary for Emergency Management, shall 

12 establish a Prepositioned Equipment Program to preposi13 tion standardized emergency equipment in selected geo14 graphic areas to sustain and replenish critical assets used 

15 by State, local, or tribal governments in response to, or 

16 rendered inoperable by the effects of, acts of terrorism, 

17 natural disasters, or other emergencies. 

18 ‘‘(b) FORCE PACKAGES.—As part of the Program, 

19 the Secretary shall establish a number of force packages. 

20 Each force package shall— 

21 ‘‘(1) contain preposition-standardized equip22 ment and frequently used off-the-shelf items; 

23 ‘‘(2) be strategically located and maintained at 

24 logistics centers in no less than 11 regions and, to 


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1 the extent practicable, co-located with the push 

2 packages of the Strategic National Stockpile; 

3 ‘‘(3) be rapidly deployable to any major popu4 lation area within at least 12 hours; and 

5 ‘‘(4) be easily transportable by air, land, or 

6 water. 

7 ‘‘(c) TYPES OF EQUIPMENT INCLUDED.—Each force 

8 package shall include— 

9 ‘‘(1) personal protective equipment; 

10 ‘‘(2) detection equipment; 

11 ‘‘(3) decontamination equipment; 

12 ‘‘(2) search and rescue equipment; 

13 ‘‘(3) medical equipment and supplies; 

14 ‘‘(4) communications equipment; and 

15 ‘‘(5) any additional devices, tools, supplies, and 

16 material most likely needed by initial on-scene emer17 gency response providers. 

18 ‘‘(d) SUPPORT TEAMS.—Each force package shall be 

19 staffed by qualified and trained personnel who reside in 

20 the region. Such personnel shall— 

21 ‘‘(1) be available to respond to emergencies 

22 when necessary; 

23 ‘‘(2) provide life-cycle management and mainte24 nance of equipment; and 


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1 ‘‘(3) perform associated logistics, including 

2 equipment maintenance and calibration. 

3 ‘‘(e) PROCEDURES FOR DEPLOYMENT OF FORCE

4 PACKAGES.—The Secretary, acting through the Under 

5 Secretary, shall deploy force packages to State, local, and 

6 tribal officials when— 

7 ‘‘(1) a State or local government entity, 

8 through the Governor of the State, or a tribal gov9 ernment entity, makes a request for the transfer de10 ployment of a force package; and 

11 ‘‘(2) the Under Secretary approves such re12 quest. 

13 ‘‘(f) COORDINATION.—In carrying out the 

14 Prepositioned Equipment Program under this section, the 

15 Secretary shall coordinate with the Secretaries of Defense 

16 and Health and Human Services and with the heads of 

17 such other Federal departments and agencies as the Sec18 retary determines are appropriate. 

19 ‘‘SEC. 582. NATIONAL ASSET INVENTORY PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

21 through the Under Secretary for Emergency Management 

22 and in coordination with the heads of other appropriate 

23 Federal departments and agencies, shall establish a Na24 tional Asset Inventory Program for the purpose of man25 aging and deploying Federal capabilities in response to 


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1 acts of terrorism, natural disasters, and other emer2 gencies. 

3 ‘‘(b) INVENTORY.—In accordance with the require4 ments of section 611(h)(1)(C) of the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

6 5196(h)(1)(C)), the National Asset Inventory Program 

7 shall develop and maintain an inventory of Federal re8 sponse capabilities and corresponding assets and re9 sources. Such inventory shall include— 

10 ‘‘(1) the performance parameters of each capa11 bility; 

12 ‘‘(2) the time frame within which each capa13 bility can be available for deployment to an incident; 

14 ‘‘(3) the readiness of each capability to respond 

15 to domestic incidents; and 

16 ‘‘(4) the availability of such capability. 

17 ‘‘(c) MILITARY CAPABILITIES.—The Secretary of De18 fense shall provide to the Secretary a description of the 

19 functions and capabilities of any entity of the Department 

20 of Defense that may be used to provide support to civil 

21 authorities in responding to acts of terrorism, natural dis22 asters, or other emergencies. 

23 ‘‘(d) DATABASE.—The Secretary, acting through the 

24 Under Secretary for Emergency Management, shall estab25 lish an inventory database to allow— 


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1 ‘‘(1) real-time exchange of information regard2 ing capabilities, assets, and resources, readiness, or 

3 the compatibility of equipment; 

4 ‘‘(2) easy identification and rapid deployment 

5 during an incident; and 

6 ‘‘(3) the sharing of inventories across jurisdic7 tions. 

8 ‘‘(e) FORCE PACKAGES.—The Secretary, acting 

9 though the Under Secretary for Emergency Management, 

10 shall certify on an annual basis that Federal departments 

11 and agencies with primary or supporting agency respon12 sibilities under an emergency support function of the Na13 tional Response Plan have developed and maintained force 

14 packages of rapidly deployable Federal capabilities. 

15 ‘‘(f) LOGISTICS SUPPORT CENTERS.—The Secretary, 

16 acting through the Under Secretary and in coordination 

17 with other Federal departments and agencies and State, 

18 local, and tribal governments, shall identify physical loca19 tions in selected geographic areas that could be used as 

20 logistics support centers for receiving, staging, and inte21 grating Federal capabilities in the event of acts of ter22 rorism, natural disasters, and other emergencies. 

23 ‘‘(g) COORDINATION.—In carrying out the activities 

24 of the program under this section, the Under Secretary 

25 shall consult with the Administrator of the Emergency 


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1 Management Assistance Compact to ensure effective co2 ordination of efforts in responding to requests for assist3 ance. 

4 ‘‘SEC. 583. SMALL BUSINESS DATABASE FOR FEDERAL CON5 TRACTING RELATED TO MAJOR DISASTERS 

6 AND EMERGENCY ASSISTANCE ACTIVITIES. 

7 ‘‘(a) ESTABLISHMENT OF DATABASE.—The Sec8 retary, acting through the Under Secretary for Emergency 

9 Management and in coordination with the Regional Direc10 tors under section 504, shall establish and maintain a 

11 database that contains information about small business 

12 entities for purposes of Federal contracting related to as13 sistance activities conducted in response to and recovery 

14 from acts of terrorism, natural disasters, and other emer15 gencies. 

16 ‘‘(b) INCLUDED INFORMATION.—The database under 

17 subsection (a) shall include the following information 

18 about each small business entity included in the database: 

19 ‘‘(1) The name of the small business entity. 

20 ‘‘(2) The location of the small business entity. 

21 ‘‘(3) The area served by the small business enti22 ty. 

23 ‘‘(4) The type of good or service provided by 

24 the small business entity. 

25 ‘‘(5) Whether the small business entity is— 


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1 ‘‘(A) a small business entity owned and 

2 controlled by socially and economically dis3 advantaged individuals; 

4 ‘‘(B) a small business entity owned and 

5 controlled by women; or 

6 ‘‘(C) a small business entity owned and 

7 controlled by service-disabled veterans. 

8 ‘‘(c) SOURCE OF INFORMATION.— 

9 ‘‘(1) SUBMISSION.—The database may only 

10 contain such information about a small business en11 tity as is submitted by the small business entity. 

12 ‘‘(2) ATTESTATION.—Each small business enti13 ty submitting information to the database shall sub14 mit— 

15 ‘‘(A) an attestation that the information 

16 submitted is true; and 

17 ‘‘(B) documentation supporting such attes18 tation. 

19 ‘‘(3) VERIFICATION.—The Secretary shall verify 

20 only that the documentation submitted by each small 

21 business entity supports the information submitted 

22 by that small business entity. 

23 ‘‘(d) AVAILABILITY OF DATABASE.—The Secretary 

24 shall make the database generally available on the Internet 

25 website of the Department. 


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1 ‘‘(e) CONSULTATION OF DATABASE.—Before award2 ing a Federal contract for a disaster-related activity, a 

3 component of the Department shall consult the database 

4 established under this section. 

5 ‘‘(f) DATABASE INTEGRATION.—The Secretary shall 

6 integrate the database established under this section into 

7 any other procurement-related database maintained by the 

8 Secretary. 

9 ‘‘(g) DEFINITIONS.—For purposes of this section, the 

10 terms ‘small business entity’, ‘small business entity owned 

11 and controlled by socially and economically disadvantaged 

12 individuals’, ‘small business entity owned and controlled 

13 by women’, and ‘small business entity owned and con14 trolled by service-disabled veterans’ shall have the mean15 ings given the terms ‘small business concern’, ‘small busi16 ness concern owned and controlled by socially and eco17 nomically disadvantaged individuals’, ‘small business con18 cern owned and controlled by women’, and ‘small business 

19 concern owned and controlled by service-disabled veterans’ 

20 respectively under the Small Business Act (15 U.S.C. 631 

21 et seq.). 

22 ‘‘SEC. 584. FRAUD PREVENTION TRAINING PROGRAM. 

23 ‘‘(a) TRAINING PROGRAM REQUIRED.—The Sec24 retary, acting through the Under Secretary for Emergency 

25 Management, shall develop and implement a program to 


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1 provide training on the prevention of waste, fraud, and 

2 abuse of Federal assistance funds and services during the 

3 response to or recovery from acts of terrorism, natural dis4 asters, or other emergencies and ways to identify such po5 tential waste, fraud, and abuse. 

6 ‘‘(b) INDIVIDUALS ELIGIBLE FOR TRAINING.—Under 

7 the training program required under subsection (a), the 

8 Secretary may provide training to— 

9 ‘‘(1) employees, contractors, and volunteers of 

10 the Federal Government; 

11 ‘‘(2) employees and volunteers of any State, 

12 local, or tribal government entity; and 

13 ‘‘(3) employees and volunteers of non-profit or14 ganizations that assist in the administration of Fed15 eral assistance funds and services provided in re16 sponse to acts of terrorism, natural disasters, or 

17 other national emergencies. 

18 ‘‘(c) INFORMATION SHARING.—Any State, local, or 

19 tribal government entity or non-profit entity that provides 

20 Federal assistance funds or services to individuals affected 

21 by acts of terrorism, natural disasters, or other emer22 gencies may share information with the Federal Govern23 ment, in a manner consistent with Federal Privacy Act 

24 protections, about any recipient of such assistance, at the 

25 request of the head of a Federal department or agency, 


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1 for the purpose of preventing fraud and abuse of Federal 

2 assistance. 

3 ‘‘Subtitle F—Infrastructure 

4 Protection and Cybersecurity 

5 ‘‘SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION. 

6 ‘‘(a) IN GENERAL.—There is in the Department an 

7 Office of Infrastructure Protection under the authority of 

8 the Under Secretary for Emergency Management. 

9 ‘‘(b) ASSISTANT SECRETARY FOR INFRASTRUCTURE

10 PROTECTION.—The head of the Office shall be the Assist11 ant Secretary for Infrastructure Protection. The Assistant 

12 Secretary shall report directly to the Under Secretary for 

13 Emergency Management. 

14 ‘‘(c) RESPONSIBILITIES OF THE ASSISTANT SEC15 RETARY.—The Assistant Secretary shall carry out the re16 sponsibilities of the Department regarding infrastructure 

17 protection. Such responsibilities shall include the fol18 lowing: 

19 ‘‘(1) To identify and carry out comprehensive 

20 risk assessments of key resources and critical infra21 structure of the United States, to determine the 

22 risks posed by particular types of terrorist attacks 

23 within the United States (including an assessment of 

24 the probability of success of such attacks and the 


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1 feasibility and potential efficacy of various counter2 measures to such attacks). 

3 ‘‘(2) To develop and maintain a comprehensive 

4 national plan for securing the key resources and 

5 critical infrastructure of the United States, in ac6 cordance with Homeland Security Presidential Di7 rective 7. 

8 ‘‘(3) To recommend measures necessary to pro9 tect the key resources and critical infrastructure of 

10 the United States in coordination with other Federal 

11 Departments and agencies and in consultation with 

12 State, local, and tribal government agencies and au13 thorities, and the private sector. 

14 ‘‘(4) To coordinate and implement, as appro15 priate, preparedness efforts to ensure that critical 

16 infrastructure and key resources efforts are fully in17 tegrated and coordinated with the response and re18 covery activities of the Department. 

19 ‘‘(5) To establish and maintain partnerships 

20 and information sharing processes with Federal, 

21 State, local, and tribal governments, the private sec22 tor, and international governments and organiza23 tions to enhance coordination of critical infrastruc24 ture and key resource efforts. 


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1 ‘‘(6) To coordinate with the Under Secretary 

2 for Intelligence and Analysis and elements of the in3 telligence community and with Federal, State, local, 

4 and tribal law enforcement agencies, and the private 

5 sector, as appropriate. 

6 ‘‘(7) To provide the Secretary with an annual 

7 summary of national critical infrastructure protec8 tion efforts and priorities and to provide, in con9 sultation with the Assistant Secretary for Grants 

10 and Planning, recommendations for Federal critical 

11 infrastructure protection funding. 

12 ‘‘(8) In carrying out responsibilities under para13 graphs (1) and (2), to consult with other Federal, 

14 State, local, and tribal government agencies and au15 thorities as appropriate. 

16 ‘‘(9) To perform other such duties relating to 

17 such responsibilities as the Secretary may provide. 

18 ‘‘(d) INTEGRATION CENTER.— 

19 ‘‘(1) IN GENERAL.—There is an Integration 

20 Center in the Office of Infrastructure Protection, 

21 which shall be staffed by the Office of Infrastructure 

22 Protection, the Office of Cybersecurity and Tele23 communications, and the Office of Intelligence and 

24 Analysis. 


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1 ‘‘(2) RESPONSIBILITIES.—The Integration Cen2 ter shall— 

3 ‘‘(A) be responsible for the integration of 

4 relevant threat, consequence, and vulnerability 

5 information, analysis, and assessments (whether 

6 such information, analysis, or assessments are 

7 provided or produced by the Department or 

8 others) in order to identify priorities for protec9 tive and support measures by the Department, 

10 other Federal departments and agencies, State, 

11 local, and tribal government agencies and au12 thorities, the private sector, and other entities; 

13 and 

14 ‘‘(B) develop and disseminate analytical 

15 products that combine homeland security infor16 mation with critical infrastructure and key re17 source vulnerability and consequence informa18 tion. 

19 ‘‘(3) CRITICAL INFRASTRUCTURE INFORMA20 TION.—The Secretary shall ensure that the Depart21 ment makes full and efficient use of open-source in22 formation to analyze United States critical infra23 structure from the perspective of terrorists using 

24 publicly available information. 

25 ‘‘(e) STAFF.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

2 that the Office has staff that possess appropriate ex3 pertise and experience to assist the Assistant Sec4 retary in discharging responsibilities under this sec5 tion. 

6 ‘‘(2) PRIVATE SECTOR STAFF.—Staff under 

7 this subsection may include individuals from the pri8 vate sector. 

9 ‘‘(3) SECURITY CLEARANCES.—Staff under this 

10 subsection shall possess security clearances appro11 priate for their work under this section. 

12 ‘‘(f) DETAIL OF PERSONNEL.— 

13 ‘‘(1) IN GENERAL.—In order to assist the Of14 fice in discharging responsibilities under this section, 

15 personnel of other Federal departments and agencies 

16 may be detailed to the Department for the perform17 ance of analytic functions and related duties. 

18 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec19 retary and the head of the Federal department or 

20 agency concerned may enter into cooperative agree21 ments for the purpose of detailing personnel under 

22 this subsection. 

23 ‘‘(3) BASIS.—The detail of personnel under this 

24 subsection may be on a reimbursable or non-reim25 bursable basis. 


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1 ‘‘(g) REPROGRAMMING.—The Secretary may not re2 program any funds allocated to the Office of Infrastruc3 ture Protection until 60 days after the Secretary submits 

4 to the Committees on Appropriations of the Senate and 

5 House of Representatives, the Committee on Homeland 

6 Security and Governmental Affairs of the Senate, and the 

7 Committee on Homeland Security of the House of Rep8 resentatives written notification of the reprogramming. 

9 ‘‘SEC. 592. OFFICE OF CYBERSECURITY AND TELE10 COMMUNICATIONS. 

11 ‘‘(a) IN GENERAL.—There is in the Department an 

12 Office of Cybersecurity and Telecommunications under the 

13 authority of the Under Secretary for Emergency Manage14 ment. 

15 ‘‘(b) ASSISTANT SECRETARY FOR CYBERSECURITY

16 AND TELECOMMUNICATIONS.—The head of the Office 

17 shall be the Assistant Secretary for Cybersecurity and 

18 Telecommunications. The Assistant Secretary shall report 

19 directly to the Under Secretary for Emergency Manage20 ment. 

21 ‘‘(c) RESPONSIBILITIES OF THE ASSISTANT SEC22 RETARY.—The Assistant Secretary shall carry out the re23 sponsibilities of the Department regarding cybersecurity 

24 and telecommunications. Such responsibilities shall in25 clude the following: 


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1 ‘‘(1) To carry out the duties of the National 

2 Cyber Security Division. 

3 ‘‘(2) To carry out, in coordination with the As4 sistant Secretary for Emergency Communications, 

5 as appropriate, the duties of the National Commu6 nications System. 

7 ‘‘(3) To assist the Assistant Secretary for In8 frastructure Protection in developing and maintain9 ing a comprehensive national plan for securing the 

10 key resources and critical infrastructure of the 

11 United States with respect to cybersecurity and tele12 communications, in accordance with Homeland Secu13 rity Presidential Directive 7. 

14 ‘‘(4) To consult and coordinate with the Assist15 ant Secretary for Infrastructure Protection, the 

16 Under Secretary for Science and Technology, and, 

17 where appropriate, other relevant Federal depart18 ments and agencies, on security of digital control 

19 systems, such as Supervisory Control and Data Ac20 quisition (SCADA) systems. 

21 ‘‘(5) To perform other such duties relating to 

22 such responsibilities as the Secretary may provide. 

23 ‘‘(d) STAFF.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall provide 

25 the Office with staff having appropriate expertise 


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1 and experience to assist the Assistant Secretary in 

2 discharging responsibilities under this section. 

3 ‘‘(2) SECURITY CLEARANCES.—Staff under this 

4 subsection shall possess security clearances appro5 priate for their work under this section. 

6 ‘‘(e) DETAIL OF PERSONNEL.— 

7 ‘‘(1) IN GENERAL.—In order to assist the Of8 fice in discharging responsibilities under this section, 

9 personnel of other Federal departments and agencies 

10 may be detailed to the Department for the perform11 ance of analytic functions and related duties. 

12 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec13 retary and the head of the Federal department or 

14 agency concerned may enter into cooperative agree15 ments for the purpose of detailing personnel under 

16 this subsection. 

17 ‘‘(3) BASIS.—The detail of personnel under this 

18 subsection may be on a reimbursable or non-reim19 bursable basis. 

20 ‘‘(f) REPROGRAMMING.—The Secretary may not re21 program any funds allocated to the Office of Cybersecurity 

22 and Telecommunications until 60 days after the Secretary 

23 submits to the Committees on Appropriations of the Sen24 ate and House of Representatives, the Committee on 

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1 ate, and the Committee on Homeland Security of the 

2 House of Representatives written notification of the re3 programming.’’. 

4 (b) CLERICAL AMENDMENTS.—The items relating to 

5 title V in the table of contents in section 1(b) of the Home6 land 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. 


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‘‘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.’’. 

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

2 (a) ESTABLISHMENT.—The Secretary of Homeland 

3 Security shall establish in the Department of Homeland 

4 Security a Gulf Coast Long-Term Recovery Office to ad5 minister amounts available to the Department for pro6 viding assistance to the residents of the Gulf Coast region 

7 for recovering from Hurricanes Katrina and Rita. 

8 (b) DIRECTOR.—The Office shall be headed by a Di9 rector, who shall be appointed by the Secretary of Home10 land Security. 

11 (c) RESPONSIBILITIES.—The Director of the Gulf 

12 Coast Long-Term Recovery Office shall work with State, 

13 local, and tribal governments, the private sector, and non14 governmental organizations, including faith-based and 

15 other community humanitarian relief entities, to provide 

16 assistance to residents of the Gulf Coast region for recov17 ering from Hurricanes Katrina and Rita, including the fol18 lowing: 


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1 (1) To assess the social and economic con2 sequences in the areas affected by Hurricanes 

3 Katrina and Rita and coordinate Federal efforts to 

4 address long-term community recovery issues. 

5 (2) To advise the Secretary of Homeland Secu6 rity on the long-term community recovery implica7 tions of response activities. 

8 (3) To conduct comprehensive market disrup9 tion and loss analysis and develop a forward looking 

10 market-based comprehensive long-term recovery plan 

11 for the affected areas. 

12 (4) To identify appropriate Federal programs 

13 and agencies to support the implementation of the 

14 long-term community recovery plan, to ensure co15 ordination across appropriate Federal departments 

16 and agencies, and to identify any gaps in the avail17 able resources. 

18 (5) To avoid duplication of assistance, to co19 ordinate, to the extent possible, program application 

20 processes and planning requirements in order to 

21 streamline assistance, and to identify and coordinate 

22 the resolution of policy and program issues. 

23 (6) To determine responsibilities for recovery 

24 activities, to provide a method of maintaining con25 tinuity in the delivery of assistance under programs 


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1 administered by various Federal departments and 

2 agencies, and to oversee coordination with State, 

3 local, and tribal governments and other involved par4 ties, to ensure follow-through of recovery and hazard 

5 mitigation efforts. 

6 (7) To encourage implementation of mitigation 

7 measures during recovery. 

8 (8) To carry out such other activities as deter9 mined appropriate by the Secretary of Homeland Se10 curity. 

11 (d) TERMINATION.—The Gulf Coast Long-Term Re12 covery Office established under subsection (a) shall termi13 nate at the discretion of the Secretary. 

14 SEC. 103. NATIONAL DISASTER MEDICAL SYSTEM. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 2811 of the Public Health Service Act (42 U.S.C. 300hh– 

17 11), as added by section 102 of the Public Health Security 

18 and Bioterrorism Preparedness and Response Act of 2002 

19 (116 Stat. 599), is amended in subsection (h) by striking 

20 ‘‘such sums’’ and all that follows and inserting 

21 ‘‘$85,000,000 for each of the fiscal years 2007 through 

22 2010.’’. 

23 (b) REPORT.—Not later than 9 months after the date 

24 of the enactment of this Act, the Chief Medical Officer 

25 of the Department of Homeland Security, in consultation 


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1 with the Under Secretary for Emergency Management, 

2 shall submit to Congress a report that provides— 

3 (1) an assessment of the need to expand the 

4 National Disaster Medical System, including an ex5 amination of the feasibility of maintaining a full 

6 time, non-volunteer operational unit or units; 

7 (2) an evaluation of the relationship between 

8 the National Disaster Medical System and the Met9 ropolitan Medical Response System; 

10 (3) an assessment of the coordination between 

11 the Department and the Department of Health and 

12 Human Services during deployment; and 

13 (4) an evaluation of whether the National Dis14 aster Medical System should remain in the Depart15 ment and, if not, which Department should have re16 sponsibility. 

17 SEC. 104. OFFICE OF INTEROPERABILITY AND COMPAT18 IBILITY. 

19 (a) IN GENERAL.—Title III of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

21 adding at the end the following: 


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1 ‘‘SEC. 314. OFFICE OF INTEROPERABILITY AND COMPAT2 IBILITY. 

3 ‘‘(a) CLARIFICATION OF RESPONSIBILITIES.—The 

4 Director of the Office of Interoperability and Compat5 ibility shall— 

6 ‘‘(1) assist the Secretary in developing and im7 plementing the science and technology aspects of the 

8 program described in subparagraphs (D), (E), (F), 

9 and (G) of section 7303(a)(1) of the Intelligence Re10 form and Terrorism Prevention Act of 2004 (6 

11 U.S.C. 194(a)(1)); 

12 ‘‘(2) support the creation of national voluntary 

13 consensus standards for interoperable emergency 

14 communications; 

15 ‘‘(3) establish a comprehensive research, devel16 opment, testing, and evaluation program for improv17 ing interoperable emergency communications; 

18 ‘‘(4) establish requirements for total and non19 proprietary interoperable emergency communications 

20 capabilities for all public safety radio and data com21 munications systems and equipment; 

22 ‘‘(5) evaluate and validate new technology con23 cepts in real-world environments to achieve inter24 operable emergency communications capabilities; 

25 ‘‘(6) encourage more efficient use of existing re26 sources, including equipment and spectrum, to 


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1 achieve interoperable emergency communications ca2 pabilities; 

3 ‘‘(7) test and deploy public safety communica4 tions systems that are less prone to failure, support 

5 new nonvoice services, consume less spectrum, and 

6 cost less than existing systems; and 

7 ‘‘(8) work with the private sector to develop so8 lutions to improve emergency communications capa9 bilities and achieve interoperable emergency commu10 nications capabilities. 

11 ‘‘(b) COORDINATION.—The Director shall coordinate 

12 with the Assistant Secretary for Emergency Communica13 tions with respect to the SAFECOM program. 

14 ‘‘(c) SUFFICIENCY OF RESOURCES.—The Secretary 

15 shall provide the Office for Interoperability and Compat16 ibility the resources and staff necessary to carry out the 

17 responsibilities under this section.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act is amended by inserting at the 

20 end of the items relating to title III the following: 

‘‘Sec. 314. Office of Interoperability and Compatibility.’’. 

21 SEC. 105. INTELLIGENCE ANALYSTS. 

22 (a) IN GENERAL.—Financial assistance provided to 

23 State, local, and tribal governments by the Secretary of 

24 Homeland Security for prevention activities may be used 

25 by the State, local, or tribal government to hire new staff 


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1 and contractors to serve as intelligence analysts to facili2 tate information and intelligence sharing activities. 

3 (b) QUALIFICATIONS.—An individual shall success4 fully complete training to ensure baseline proficiency in 

5 intelligence analysis and production before the individual 

6 may serve as an intelligence analyst or as a staff intel7 ligence employee or contractor. 

8 (c) EFFECTIVE DATE.—The requirements under sub9 section (b) shall apply with respect to an individual hired 

10 after the date of the enactment of this Act. 

11 SEC. 106. REDESIGNATION OF DIRECTORATE FOR INFOR12 MATION ANALYSIS AND INFRASTRUCTURE 

13 PROTECTION. 

14 (a) REDESIGNATION OF DIRECTORATE FOR INFOR15 MATION ANALYSIS AND INFRASTRUCTURE PROTEC16 TION.—Section 201 of the Homeland Security Act of 2002 

17 (6 U.S.C. 121) is amended— 

18 (1) in subsection (a)(1)— 

19 (A) by striking ‘‘a Directorate for Informa20 tion Analysis and Infrastructure Protection’’ 

21 and inserting ‘‘an Office of Intelligence and 

22 Analysis’’; and 

23 (B) by striking ‘‘an Under Secretary for 

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1 tection’’ and inserting ‘‘an Under Secretary for 

2 Intelligence and Analysis’’; 

3 (2) by striking subsection (b) and redesignating 

4 subsections (c) through (g) as subsections (b) 

5 through (f), respectively; 

6 (3) in subsection (b), as so redesignated— 

7 (A) by striking ‘‘and infrastructure protec8 tion’’ and inserting ‘‘and intelligence’’; and 

9 (B) by striking ‘‘the Under Secretary for 

10 Information Analysis and Infrastructure Pro11 tection’’ and inserting ‘‘the Under Secretary for 

12 Intelligence and Analysis’’; 

13 (4) in subsection (c), as so redesignated— 

14 (A) by striking ‘‘the Under Secretary for 

15 Information Analysis and Infrastructure Pro16 tection’’ and inserting ‘‘the Under Secretary for 

17 Intelligence Analysis’’; 

18 (B) by striking paragraphs (2), (5), and 

19 (6), and redesignating paragraphs (3) through 

20 (19) as paragraphs (2) through (16), respec21 tively; 

22 (C) in paragraph (2), as so redesignated, 

23 by striking ‘‘To integrate’’ and inserting ‘‘To 

24 participate in the integration of’’; and 


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1 (D) in paragraph (14), as so redesignated, 

2 by inserting ‘‘the Assistant Secretary for Infra3 structure Protection and’’ after ‘‘coordinate 

4 with’’; 

5 (5) in subsections (d) and (e), as redesignated 

6 by subsection (a)(2), by striking ‘‘Directorate’’ each 

7 place it appears and inserting ‘‘Office’’; and 

8 (6) in subsection (f), as redesignated by sub9 section (a)(2), by striking ‘‘, for assignment to the 

10 Under Secretary for Information Analysis and Infra11 structure Protection under this section,’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) HOMELAND SECURITY ACT OF 2002.—The 

14 Homeland Security Act of 2002 is amended— 

15 (A) in section 103(a)(2) (6 U.S.C. 

16 113(a)(2)), by striking ‘‘Information Analysis 

17 and Infrastructure Protection’’ and inserting 

18 ‘‘Intelligence and Analysis’’; 

19 (B) in section 223 (6 U.S.C. 123), by 

20 striking ‘‘Under Secretary for Information 

21 Analysis and Infrastructure Protection’’ and in22 serting ‘‘Assistant Secretary for Infrastructure 

23 Protection’’; 

24 (C) in section 224 (6 U.S.C. 144), by 

25 striking ‘‘Under Secretary for Information 


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1 Analysis and Infrastructure Protection’’ and in2 serting ‘‘Assistant Secretary for Cybersecurity 

3 and Telecommunications’’; and 

4 (D) in section 302(3) (6 U.S.C. 182(3)), 

5 by striking ‘‘Under Secretary for Information 

6 Analysis and Infrastructure Protection’’ and in7 serting ‘‘Under Secretary for Intelligence and 

8 Analysis and the Assistant Secretary for Infra9 structure Protection’’. 

10 (2) SECTION 201.— 

11 (A) The heading for section 201 of the 

12 Homeland Security Act of 2002 (6 U.S.C. 121) 

13 is amended to read as follows: 

14 ‘‘SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.’’. 

15 (B) The table of contents in section 1(b) of 

16 such Act is amended by striking the item relat17 ing to section 201 and inserting the following: 

‘‘Sec. 201. Office of Intelligence and Analysis.’’. 

18 (C) The heading for subsection (a) of sec19 tion 201 of such Act (6 U.S.C. 121) is amended 

20 to read as follows: ‘‘UNDER SECRETARY OF

21 HOMELAND SECURITY FOR INTELLIGENCE AND

22 ANALYSIS.—’’. 

23 (D) The heading for subsection (b) of sec24 tion 201 of such Act (6 U.S.C. 121), as redes25 ignated by subsection (a)(2) of this section, is 


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1 amended to read as follows: ‘‘DISCHARGE OF

2 INTELLIGENCE AND ANALYSIS.—’’. 

3 (3) NATIONAL SECURITY ACT OF 1947.—Section 

4 106(b)(2)(I) of the National Security Act of 1947 

5 (50 U.S.C. 403–6(b)(2)(I)) is amended to read as 

6 follows: 

7 ‘‘(I) the Under Secretary of Homeland Security 

8 for Intelligence and Analysis.’’. 

9 (4) INTELLIGENCE REFORM AND TERRORISM

10 PREVENTION ACT OF 2004.—Section 7306(a)(1) of 

11 the Intelligence Reform and Terrorism Prevention 

12 Act of 2004 (Public Law 108–458; 118 Stat. 3848) 

13 is amended by striking ‘‘Under Secretary for Infor14 mation Analysis and Infrastructure Protection’’ and 

15 inserting ‘‘Under Secretary for Intelligence and 

16 Analysis’’. 

17 SEC. 107. NATIONAL ACADEMY OF PUBLIC ADMINISTRA18 TION STUDY ON IMPLEMENTATION OF ORGA19 NIZATIONAL REFORMS. 

20 (a) STUDY REQUIRED.—Subject to the availability of 

21 appropriations, the Secretary of Homeland Security shall 

22 enter into an arrangement with the National Academy of 

23 Public Administration to conduct a study of the implemen24 tation of the organizational changes to the Department 

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1 ments made by this Act. Under the arrangement, the 

2 Academy shall provide assistance in the creation and im3 plementation of the Directorate of Emergency Manage4 ment. 

5 (b) DEADLINE FOR BEGINNING OF STUDY.—The 

6 study required under this section shall begin not later than 

7 two months after the date of the enactment of this Act. 

8 (c) TERMINATION.—The study required under this 

9 section shall end not later than the date that is one year 

10 after the date of the enactment of this Act. 

11 SEC. 108. GAO REPORTS ON AN INVENTORY AND STATUS OF 

12 HOMELAND SECURITY TRAINING. 

13 (a) INITIAL REPORT REQUIRED.—Not later than 60 

14 days after the date of the enactment of this Act, the 

15 Comptroller General shall submit to Congress an initial 

16 report on the overall inventory and status of training pro17 grams for emergency response providers in the Depart18 ment of Homeland Security and other Federal depart19 ments and agencies and the extent to which such pro20 grams are coordinated. 

21 (b) FINAL REPORT REQUIRED.—Not later than 120 

22 days after the date of the enactment of this Act, the 

23 Comptroller General shall submit to Congress a final re24 port on homeland security training that includes the fol25 lowing: 


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1 (1) An assessment of the effectiveness of the 

2 structure and organization of training programs for 

3 emergency response providers in the Department of 

4 Homeland Security and other Federal departments 

5 and agencies. 

6 (2) Recommendations to— 

7 (A) improve the coordination, structure, 

8 and organization of such training programs; 

9 and 

10 (B) increase the availability of training to 

11 emergency response providers who are not able 

12 to attend centralized training programs. 

13 (3) A description of the structure and organiza14 tional effectiveness of such programs for emergency 

15 response providers in rural communities. 

16 (4) An identification of any duplication or re17 dundancy among such programs. 

18 (5) A description of the use of State and local 

19 training institutions, universities, centers, the Na20 tional Domestic Preparedness Consortium, and other 

21 national training programs funded by the Depart22 ment of Homeland Security, in designing and pro23 viding training. 


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1 (6) A cost-benefit analysis of the costs and time 

2 required for emergency response providers to partici3 pate in training courses at Federal institutions. 

4 (7) An assessment of the approval process for 

5 certifying training courses that are not administered 

6 by the Department of Homeland Security and that 

7 are useful for anti-terrorism purposes and eligible 

8 for grants awarded by the Department. 

9 (8) A description of the use of Department of 

10 Homeland Security grant funds by State, local, and 

11 tribal governments to acquire training. 

12 (9) An analysis of the feasibility of Federal, 

13 State, local, and tribal government personnel receiv14 ing the training that is necessary to adopt the Na15 tional Response Plan and the National Incident 

16 Management System of the Department of Home17 land Security. 

18 (10) A description of the role of each training 

19 institution within the Department of Homeland Se20 curity in the design and implementation of emer21 gency preparedness and related training courses for 

22 emergency response providers. 

23 SEC. 109. DEFINITIONS. 

24 (a) EXPANSION OF DEFINITION OF EMERGENCY RE25 SPONSE PROVIDER.—Paragraph (6) of section 2 of the 


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1 Homeland Security Act of 2002 (6 U.S.C. 101(6)) is 

2 amended by striking ‘‘includes’’ and all that follows and 

3 inserting ‘‘includes Federal, State, and local governmental 

4 and nongovernmental emergency public safety, law en5 forcement, fire, emergency response, emergency medical 

6 (including hospital emergency facilities), and related per7 sonnel, organizations, agencies, and authorities.’’. 

8 (b) NEW DEFINITIONS.—Such section is further 

9 amended by adding at the end the following new para10 graphs: 

11 ‘‘(17) The term ‘emergency management’ refers 

12 to the governmental function that coordinates and 

13 integrates all activities necessary to build, sustain, 

14 and improve the capability to prepare for, respond 

15 to, mitigate against, or recover from a threatened or 

16 actual act of terrorism, natural disaster, or other 

17 emergency. 

18 ‘‘(18) The term ‘prevention’ means any activity 

19 undertaken to avoid, prevent, or stop a threatened 

20 or actual act of terrorism. 

21 ‘‘(19) The term ‘emergency response support 

22 providers’ includes Federal, State, and local govern23 mental and nongovernmental utilities, public works, 

24 transportation, and public health and related per25 sonnel, organizations, agencies, and authorities.’’. 


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1 SEC. 110. CONFORMING AMENDMENTS. 

2 (a) REPEALS.—The following provisions of the 

3 Homeland Security Act of 2002 are repealed: 

4 (1) Section 430. 

5 (2) Subtitle A of title VIII. 

6 (3) Section 882. 

7 (b) OTHER CONFORMING AMENDMENTS.— 

8 (1) UNDER SECRETARY.—Section 103(a) is 

9 amended— 

10 (A) in paragraph (5), by striking ‘‘Pre11 paredness and Response’’ and inserting ‘‘Man12 agement’’; and 

13 (B) by striking paragraph (7) and redesig14 nating paragraphs (8) through (10) as para15 graphs (7) through (9), respectively. 

16 (2) INCREASE IN NUMBER OF ASSISTANT SEC17 RETARIES.—Section 103(a)(9) of such Act, as redes18 ignated by paragraph (1)(B), is amended by striking 

19 ‘‘12’’ and inserting ‘‘17’’. 

20 TITLE II—FRAUD, WASTE, AND 

21 ABUSE PREVENTION 

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

23 (a) IN GENERAL.—Title VII of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

25 adding at the end the following: 


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1 ‘‘SEC. 707. FRAUD, WASTE, AND ABUSE CONTROLS. 

2 ‘‘(a) IN GENERAL.—The Secretary, acting through 

3 the Under Secretary for Emergency Management, shall 

4 ensure that— 

5 ‘‘(1) all programs within the Directorate admin6 istering Federal assistance develop and maintain 

7 proper internal management controls to prevent and 

8 detect fraud, waste, and abuse; 

9 ‘‘(2) application databases used by the Direc10 torate to collect information on eligible recipients 

11 must record disbursements; 

12 ‘‘(3) such tracking is designed to highlight and 

13 identify ineligible applications; and 

14 ‘‘(4) the databases used to collect information 

15 from applications for such assistance must be inte16 grated with the disbursements and payment records. 

17 ‘‘(b) AUDITS AND REVIEWS REQUIRED.—The Sec18 retary shall ensure that any existing database or similar 

19 application processing system in effect on the date of the 

20 enactment of this section for Federal assistance programs 

21 administered by the Department undergo a review by the 

22 Inspector General of the Department to determine the ex23 istence and implementation of such internal controls re24 quired under this section, before such database application 

25 may be used to determine eligibility and disbursement of 

26 Federal assistance. 


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1 ‘‘(c) CERTIFICATION REQUIRED.—The Secretary, 

2 acting through the Under Secretary for Emergency Man3 agement, shall certify to the Congress on an annual basis 

4 that proper internal controls required under this section 

5 are in place and operational before a database or similar 

6 application processing system may be utilized for the pur7 pose of the dispensing of Federal assistance. 

8 ‘‘(d) REPORT TO CONGRESS.—Recommendations or 

9 findings that remain unresolved between program admin10 istrators and the Department Inspector General for 30 

11 days must be immediately reported to Congress by the De12 partment Inspector General.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is amended by inserting after 

15 the item related to section 706 the following: 

‘‘Sec. 707. Fraud, waste, and abuse controls.’’. 

16 SEC. 202. ASSESSMENT AND REPORT REGARDING UTILIZA17 TION OF INDEPENDENT PRIVATE SECTOR IN18 SPECTORS GENERAL. 

19 (a) IN GENERAL.—The Under Secretary for Emer20 gency Management of the Department of Homeland Secu21 rity, in consultation with the Under Secretary for Manage22 ment, shall— 

23 (1) assess the role that Independent Private 

24 Sector Inspectors General (popularly known as 

25 ‘‘IPSIGs’’) played in preventing waste, fraud, and 


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1 abuse, in contracts for goods or services purchased 

2 or commissioned after the terrorist attacks on the 

3 World Trade Center in New York City on September 

4 11, 2001; and 

5 (2) report the findings of such assessment to 

6 Congress by not later than one year after the date 

7 of enactment of this Act. 

8 (b) UTILIZATION OF IPSIGS TO MONITOR AND PRO9 VIDE GREATER ACCOUNTABILITY.—Such assessment 

10 shall include examination of how IPSIGs may be utilized 

11 to monitor and provide greater accountability for contracts 

12 using Federal funding provided in response to a terrorist 

13 attack, natural disaster, or other national emergency, in14 cluding contracts for debris removal and the repair or re15 construction of damaged infrastructure. 

16 SEC. 203. ENHANCED ACCOUNTABILITY FOR FEDERAL AS17 SISTANCE. 

18 (a) IN GENERAL.—The Homeland Security Act of 

19 2002 is amended by inserting after section 856 (6 U.S.C. 

20 426) the following: 

21 ‘‘SEC. 856a. ENHANCED ACCOUNTABILITY FOR FEDERAL AS22 SISTANCE. 

23 ‘‘(a) RECIPIENTS OF FEDERAL ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—Each State, local, tribal, 

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1 ance funds in response to acts of terrorism, natural 

2 disasters, or other emergencies shall report to the 

3 pertinent Federal agency six months after the initial 

4 disbursement of resources regarding the expenditure 

5 of such funds. 

6 ‘‘(2) CONTENTS.—The report shall include a 

7 description of— 

8 ‘‘(A) the projects or programs that re9 ceived Federal assistance; 

10 ‘‘(B) the entity administering the program 

11 or project; and 

12 ‘‘(C) the dates and amounts disbursed, al13 located, and expended. 

14 ‘‘(b) FEDERAL ASSISTANCE DISBURSING AGEN15 CIES.— 

16 ‘‘(1) IN GENERAL.—Each Federal agency that 

17 disburses Federal assistance funds in response to an 

18 act of terrorism, a natural disaster, or another emer19 gency shall report to the Inspector General of the 

20 Department, acting in the Inspector General’s role 

21 as chairman of the President’s Council on Integrity 

22 and Efficiency Homeland Security Roundtable, re23 garding the expenditure of such funds. 

24 ‘‘(2) CONTENTS.—The report shall include— 


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1 ‘‘(A) names and addresses of recipient 

2 agencies; 

3 ‘‘(B) the purpose for which resources were 

4 provided; 

5 ‘‘(C) the amounts disbursed, allocated, and 

6 expended; and 

7 ‘‘(D) the status of reporting by agencies 

8 that received disbursements (as set forth under 

9 subparagraph (A). 

10 ‘‘(3) DEADLINE.—The report shall be sub11 mitted one year after the date of enactment of the 

12 appropriations Act that makes the funds available, 

13 and on a recurrent basis every six months thereafter 

14 until such time as all such funds are expended or 

15 the Inspector General and such Council determine 

16 that such reports are no longer required.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by inserting after 

19 the item related to section 856 the following: 

‘‘Sec. 856a. Enhanced accountability for Federal assistance.’’. 

20 SEC. 204. ENHANCED INFORMATION SHARING AMONG FED21 ERAL AGENCIES TO PREVENT FRAUD, WASTE, 

22 AND ABUSE. 

23 (a) IN GENERAL.—The Homeland Security Act of 

24 2002 is further amended by inserting after section 856a 

25 the following: 


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1 ‘‘SEC. 856b. ENHANCED INFORMATION SHARING AMONG 

2 FEDERAL AGENCIES TO PREVENT FRAUD, 

3 WASTE, AND ABUSE. 

4 ‘‘(a) CONFIRMATION OF IDENTITY AND ELIGIBILITY

5 OF APPLICANTS.—Any Federal, State, local, or tribal 

6 agency that disburses Federal grants, loans, services, and 

7 other assistance in response to or for the recovery from 

8 acts of terrorism, natural disasters, or other emergencies, 

9 shall make reasonable efforts to confirm the identity and 

10 eligibility of the applicant for such assistance without plac11 ing undue burden on the applicant. 

12 ‘‘(b) CONSENT TO ACCESS.— 

13 ‘‘(1) INCLUSION ON APPLICATION MATE14 RIALS.—The Federal, State, local, or tribal agency 

15 may include provisions on application materials for 

16 grants, loans, services, and other assistance that 

17 would allow access to Internal Revenue Service in18 formation (IRS Form 8821 Tax Information Au19 thorization) and other relevant Federal databases, to 

20 allow government agencies to share information and 

21 enhance the accuracy and expedite the delivery of 

22 assistance to applicants. 

23 ‘‘(2) CONSENT NOT REQUIRED.—Any applicant 

24 who declines to consent to the sharing of such infor25 mation shall not be denied assistance or otherwise 

26 penalized for that reason.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of such Act is further amended by inserting 

3 after the item related to section 856a the following: 

‘‘Sec. 856b. Enhanced information sharing among Federal agencies to prevent 

fraud, waste, and abuse. ’’. 

4 SEC. 205. DEPUTY INSPECTOR GENERAL FOR RESPONSE 

5 AND RECOVERY. 

6 (a) IN GENERAL.—Subtitle B of title VIII of the 

7 Homeland Security Act of 2002 (6 U.S.C. 371) is amend8 ed by adding at the end the following: 

9 ‘‘SEC. 813. DEPUTY INSPECTOR GENERAL FOR RESPONSE 

10 AND RECOVERY. 

11 ‘‘(a) ESTABLISHMENT.—There is established the po12 sition of Deputy Inspector General for Response and Re13 covery within the Office of the Inspector General of the 

14 Department. 

15 ‘‘(b) APPOINTMENT.—The Deputy Inspector General 

16 shall be appointed— 

17 ‘‘(1) by the Inspector General of the Depart18 ment; and 

19 ‘‘(2) solely on the basis of integrity and dem20 onstrated ability in accounting, auditing, financial 

21 analysis, law, management analysis, public adminis22 tration, or investigations. 

23 ‘‘(c) REPORTING AND STATUS AS SES POSITION.— 

24 The Deputy Inspector General— 


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1 ‘‘(1) shall report to, and be under the direct au2 thority and supervision of, the Inspector General; 

3 and 

4 ‘‘(2) the Deputy Inspector General shall serve 

5 as a career member of the Senior Executive Service. 

6 ‘‘(d) DUTIES.— 

7 ‘‘(1) AUDITS AND INVESTIGATIONS.—The dep8 uty Inspector General shall, in coordination with in9 spectors general of other departments, as appro10 priate, conduct, supervise, and coordinate audits and 

11 investigations of the treatment, handling, and ex12 penditure of amounts appropriated or otherwise 

13 made available for response to and recovery from an 

14 act of terrorism, natural disaster, or other emer15 gency by the Federal Government, and of the pro16 grams, operations, and contracts carried out uti17 lizing such funds, including— 

18 ‘‘(A) the oversight and accounting of the 

19 obligation and expenditure of such funds; 

20 ‘‘(B) the monitoring and review of recon21 struction activities funded by such funds; 

22 ‘‘(C) the monitoring and review of con23 tracts by such funds; 

24 ‘‘(D) the monitoring and review of the 

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1 tion between and among departments, agencies, 

2 and entities of the United States, and private 

3 nongovernmental entities; and 

4 ‘‘(E) the maintenance of records on the 

5 use of such funds to facilitate future audits and 

6 investigations of such funds. 

7 ‘‘(2) FRAUD TIP LINE.—The Deputy Inspector 

8 General shall ensure that not more than 48 hours 

9 after a terrorist attack, natural disaster, or other 

10 national emergency, the Office of the Inspector Gen11 eral institutes and publicizes a Fraud Tip Line to 

12 facilitate the collection of allegations of waste, fraud, 

13 and abuse of Federal assistance funds. 

14 ‘‘(3) AVOIDANCE OF DUPLICATION.—The Dep15 uty Inspector General shall ensure, to the greatest 

16 extent possible, that the activities of the Deputy In17 spector General do not duplicate audits and inves18 tigations of Inspectors General and other auditors of 

19 Federal departments and agencies, and State and 

20 local government entities. 

21 ‘‘(4) COORDINATION WITH FBI.—The Deputy 

22 Inspector General shall ensure that investigative ac23 tivities under this section are coordinated with the 

24 Federal Bureau of Investigation. 


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1 ‘‘(e) FINANCIAL MANAGEMENT MATTERS.—In order 

2 to assist the Deputy Inspector General for the purposes 

3 of carrying out this section, all agencies receiving or dis4 tributing Federal funds to respond to acts of terrorism, 

5 natural disasters, or other emergencies shall establish and 

6 maintain budgetary procedures to distinguish funds re7 lated to response and relief efforts from other agency 

8 funds. 

9 ‘‘(f) FUNDING.—There is authorized to be appro10 priated for operations of the Office of the Deputy Inspec11 tor General $11,000,000 for each fiscal year.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of such Act is further amended by inserting 

14 after the item related to section 812 the following: 

‘‘Sec. 813. Deputy Inspector General for Response and Recovery.’’. 

15 (c) DEADLINE FOR APPOINTMENT.—The Inspector 

16 General of the Department of Homeland Security shall ap17 point the Deputy Inspector General under this section not 

18 later than 60 days after the date of enactment of this Act. 

19 SEC. 206. PROTECTION OF DEPARTMENT OF HOMELAND 

20 SECURITY OFFICIAL SEAL AND INSIGNIA. 

21 Section 875 of the Homeland Security Act of 2002 

22 (6 U.S.C. 455) is amended by adding at the end the fol23 lowing new subsection: 

24 ‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, 

25 AND SEAL.— 


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1 ‘‘(1) IN GENERAL.—Except with the written 

2 permission of the Secretary, no person may know3 ingly use, in connection with any advertisement, 

4 commercial activity, audiovisual production (includ5 ing film or television production), impersonation, 

6 Internet domain name, Internet e-mail address, or 

7 Internet web site, merchandise, retail product, or so8 licitation in a manner reasonably calculated to con9 vey the impression that the Department or any orga10 nizational element of the Department has approved, 

11 endorsed, or authorized such use, any of the fol12 lowing (or any colorable imitation thereof): 

13 ‘‘(A) The words ‘Department of Homeland 

14 Security’, the initials ‘DHS’, the insignia or 

15 seal of the Department, or the title ‘Secretary 

16 of Homeland Security’. 

17 ‘‘(B) The name, initials, insignia, or seal of 

18 any organizational element (including any 

19 former such element) of the Department, or the 

20 title of any other officer or employee of the De21 partment, notice of which has been published by 

22 the Secretary of Homeland Security in accord23 ance with paragraph (3). 

24 ‘‘(2) CIVIL ACTION.—Whenever it appears to 

25 the Attorney General that any person is engaged or 


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1 is about to engage in an act or practice that con2 stitutes or will constitute conduct prohibited by sub3 section (d)(1), the Attorney General may initiate a 

4 civil proceeding in a district court of the United 

5 States to enjoin such act or practice. Such court 

6 shall proceed as soon as practicable to the hearing 

7 and determination of such action and may, at any 

8 time before final determination, enter such restrain9 ing orders or prohibitions, or take such other actions 

10 as is warranted, to prevent injury to the United 

11 States or to any person or class of persons for whose 

12 protection the action is brought. 

13 ‘‘(3) NOTICE AND PUBLICATION.—The notice 

14 and publication to which paragraph (1)(B) refers is 

15 a notice published in the Federal Register including 

16 the name, initials, seal or class of titles protected 

17 under paragraph (1)(B) and a statement that they 

18 are protected under that provision. The Secretary 

19 may amend such notices from time to time as the 

20 Secretary determines appropriate in the public inter21 est and shall publish such amendments in the Fed22 eral Register. 

23 ‘‘(4) AUDIOVISUAL PRODUCTION.—For the pur24 pose of this subsection, the term ‘audiovisual pro25 duction’ means the production of a work that conVerDate Aug 31 2005 02:36 May 12, 2006 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H5351.IH H5351

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1 sists of a series of related images that are intrinsi2 cally intended to be shown by the use of machines 

3 or devices such as projectors, viewers, or electronic 

4 equipment, together with accompanying sounds, if 

5 any, regardless of the nature of the material objects, 

6 such as films or tapes, in which the work is em7 bodied.’’. 

Æ 


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