II 

Calendar No. 582 

109TH CONGRESS 

2D SESSION S. 3721 

To amend the Homeland Security Act of 2002 to establish the United States 

Emergency Management Authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. SALAZAR) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

AUGUST 3, 2006 

Reported by Ms. COLLINS, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Homeland Security Act of 2002 to establish 

the United States Emergency Management Authority, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Post Katrina Emer5 gency Management Reform Act of 2006’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title 

Sec. 2. Table of contents 

Sec. 3. Definitions 

TITLE I—NATIONAL PREPAREDNESS AND RESPONSE 

Sec. 101. United States Emergency Management Authority 

Sec. 102. Conforming amendments relating to intelligence reform 

Sec. 103. Communication system grants 

Sec. 104. Technical and conforming amendments 

TITLE II—STAFFORD ACT AMENDMENTS 

Sec. 201. General Federal assistance 

Sec. 202. National Disaster Recovery Strategy 

Sec. 203. Environmental mitigation 

Sec. 204. Disaster housing strategy 

Sec. 205. Essential services 

Sec. 206. Hazard mitigation grant program formula 

Sec. 207. Housing assistance 

Sec. 208. Maximum amount under individual assistance programs 

Sec. 209. Coordinating officers 

Sec. 210. Definitions 

Sec. 211. Catastrophic damage assistance 

Sec. 212. Individuals with disabilities 

Sec. 213. Disability coordinator 

Sec. 214. Temporary housing 

Sec. 215. GAO Study on accessibility of emergency shelters 

Sec. 216. Reunification 

Sec. 217. National Emergency Family Registry and Locator System 

Sec. 218. Federal assistance to individuals and households 

Sec. 219. Mental health services 

Sec. 220. Language services 

Sec. 221. Standards for state and local emergency preparedness operational 

plans 

Sec. 222. Transportation assistance and case management services to individuals and households 

Sec. 223. Non-federal assistance 

Sec. 224. Disaster coordination 

TITLE III—STAFFING IMPROVEMENTS 

Sec. 301. Strategic human capital plan 

Sec. 302. Career paths 

Sec. 303. National Homeland Security Academy 

Sec. 304. Surge capacity force 

Sec. 305. Establishment of Homeland Security rotation program at the Department of Homeland Security 

Sec. 306. Quarterly report on vacancy rate in employee positions 

TITLE IV—PLANNING, PREPAREDNESS, AND TRAINING 

Sec. 401. Definition 

Sec. 402. Emergency response framework 


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Sec. 403. Review of the National Response Plan 

Sec. 404. Planning and preparedness 

Sec. 405. Training and exercises 

Sec. 406. Emergency support function assurance programs 

TITLE V—PREVENTION OF FRAUD, WASTE, AND ABUSE DURING 

EMERGENCIES 

Sec. 501. Prohibition on excessive pass-through charges 

Sec. 502. Fraud prevention programs 

Sec. 503. Contingency Contracting Corps 

Sec. 504. Verification measures for Individuals and Households Program 

Sec. 505. Information Technology Systems 

Sec. 506. Registry of Debris Contractors 

Sec. 507. Use of certain supply schedules 

Sec. 508. Use of local firms and individuals 

Sec. 509. Advance contracting 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Authorization of appropriations 

Sec. 602. Effective date 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Authority’’ means the United 

4 States Emergency Management Authority estab5 lished under section 512 of the Homeland Security 

6 Act of 2002, as amended by this Act; 

7 (2) the term ‘‘Administrator’’ means the Ad8 ministrator of the Authority; 

9 (3) the term ‘‘catastrophic incident’’ means any 

10 natural or manmade incident, including an act of 

11 terrorism, that results in extraordinary levels of cas12 ualties or damage, mass evacuations, or disruption 

13 severely affecting the population, infrastructure, en14 vironment, economy, national morale, or government 

15 functions in an area and may include an incident 


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1 with a sustained national impact over a prolonged 

2 period of time, that may rapidly exceed resources 

3 available to State and local government and private4 sector authorities in the impacted area, or may sig5 nificantly interrupt governmental operations and 

6 emergency services to such an extent that national 

7 security could be threatened; 

8 (4) the term ‘‘Department’’ means the Depart9 ment of Homeland Security; 

10 (5) the term ‘‘emergency response provider’’ 

11 has the same meaning given under section 2(6) of 

12 the Homeland Security Act of 2002; 

13 (6) the term ‘‘Federal coordinating officer’’ 

14 means a Federal coordinating officer as described in 

15 section 302 of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 5143); 

17 (7) the term ‘‘individual with a disability’’ 

18 means an individual with a disability as defined in 

19 section 3(2) of the Americans with Disabilities Act 

20 of 1990 (42 U.S.C. 12102(2)); 

21 (8) the term ‘‘National Advisory Council’’ 

22 means the National Advisory Council on Prepared23 ness and Response established under section 518 of 

24 the Homeland Security Act of 2002, as amended by 

25 this Act; 


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1 (9) the term ‘‘National Incident Management 

2 System’’ means the National Incident Management 

3 System as described in the National Response Plan; 

4 (10) the term ‘‘National Response Plan’’ means 

5 the National Response Plan prepared under Home6 land Security Presidential Directive 5 or any presi7 dential directive meant to replace or augment that 

8 directive; 

9 (11) the term ‘‘Regional Office’’ means a Re10 gional Office established under section 517 of the 

11 Homeland Security Act of 2002, as amended by this 

12 Act; 

13 (12) the term ‘‘Regional Office strike team’’ 

14 means a Regional Office strike team established 

15 under section 517 of the Homeland Security Act of 

16 2002, as amended by this Act; 

17 (13) the term ‘‘Secretary’’ means the Secretary 

18 of Homeland Security; and 

19 (14) the term ‘‘surge capacity’’ means the abil20 ity to rapidly and substantially increase the provi21 sion of search and rescue capabilities, food, water, 

22 medicine, shelter and housing, medical care, evacu23 ation capacity, staffing, including disaster assistance 

24 employees, and other resources necessary to save 


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1 lives and protect property during a catastrophic inci2 dent. 

3 TITLE I—NATIONAL 

4 PREPAREDNESS AND RESPONSE 

5 SEC. 101. UNITED STATES EMERGENCY MANAGEMENT AU6 THORITY. 

7 Title V of the Homeland Security Act of 2002 (6 

8 U.S.C. 311 et seq.) is amended— 

9 (1) by striking the title heading and inserting 

10 the following: 

11 ‘‘TITLE V—NATIONAL PRE12 PAREDNESS AND RESPONSE’’; 

13 (2) by striking sections 501 through 503; 

14 (3) by striking sections 506 and 507; 

15 (4) by redesignating sections 504, 505, 508, 

16 and 509 as sections 536, 537, 538, and 539, respec17 tively; 

18 (5) by redesignating section 510 (relating to 

19 procurement of security countermeasures for the 

20 strategic national stockpile) as section 540; 

21 (6) by redesignating section 510 (relating to 

22 urban and other high risk area communications ca23 pabilities) as section 541; 

24 (7) by inserting before section 536, as so redes25 ignated by this section, the following: 


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1 ‘‘SEC. 501. DEFINITIONS. 

2 ‘‘In this title— 

3 ‘‘(1) the term ‘all-hazards-plus’ means an ap4 proach to preparedness, response, recovery, and 

5 mitigation that emphasizes the development of capa6 bilities that are common to natural and man-made 

7 disasters, while also including the development of ca8 pabilities that are uniquely relevant to specific types 

9 of disasters; 

10 ‘‘(2) the term ‘Authority’ means the United 

11 States Emergency Management Authority estab12 lished under section 512; 

13 ‘‘(3) the term ‘Administrator’ means the Ad14 ministrator of the Authority; 

15 ‘‘(4) the term ‘catastrophic incident’ means any 

16 natural or manmade incident, including an act of 

17 terrorism, that results in extraordinary levels of cas18 ualties or damage, mass evacuations, or disruption 

19 severely affecting the population, infrastructure, en20 vironment, economy, national morale, or government 

21 functions in an area and may include an incident 

22 with a sustained national impact over a prolonged 

23 period of time, that may rapidly exceed resources 

24 available to State and local government and private25 sector authorities in the impacted area, or may sig26 nificantly interrupt governmental operations and 


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1 emergency services to such an extent that national 

2 security could be threatened; 

3 ‘‘(5) the term ‘emergency communications capa4 bilities’ means the ability to provide and maintain, 

5 throughout an emergency response operation, a con6 tinuous flow of information among emergency re7 sponders, agencies, and government officials from 

8 multiple disciplines and jurisdictions and at all levels 

9 of government, in the event of a natural disaster, 

10 terrorist attack, or other large-scale or catastrophic 

11 emergency, including where there has been signifi12 cant damage to, or destruction of, critical infrastruc13 ture, including substantial loss of ordinary tele14 communications infrastructure and sustained loss of 

15 electricity; 

16 ‘‘(6) the term ‘Federal coordinating officer’ 

17 means a Federal coordinating officer as described in 

18 section 302 of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5143); 

20 ‘‘(7) the terms ‘interoperable emergency com21 munications system’ and ‘communications interoper22 ability’ mean the ability of emergency response pro23 viders and relevant Federal, State, and local govern24 ment agencies to— 


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1 ‘‘(A) communicate with each other as nec2 essary, using information technology systems 

3 and radio communications systems; and 

4 ‘‘(B) exchange voice, data, or video with 

5 each other on demand, in real time, as nec6 essary; 

7 ‘‘(8) the term ‘National Advisory Council’ 

8 means the National Advisory Council on Prepared9 ness and Response established under section 518; 

10 ‘‘(9) the term ‘National Incident Management 

11 System’ means the National Incident Management 

12 System as described in the National Response Plan; 

13 ‘‘(10) the term ‘National Response Plan’ means 

14 the National Response Plan prepared under Home15 land Security Presidential Directive 5 or any presi16 dential directive meant to replace or augment that 

17 directive; and 

18 ‘‘(11) the term ‘surge capacity’ means the abil19 ity to rapidly and substantially increase the provi20 sion of search and rescue capabilities, food, water, 

21 medicine, shelter and housing, medical care, evacu22 ation capacity, staffing, including disaster assistance 

23 employees, and other resources necessary to save 

24 lives and protect property during a catastrophic inci25 dent, or other natural or man-made disaster. 


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1 ‘‘Subtitle A—Preparedness and 

2 Response 

3 ‘‘SEC. 511. DEFINITIONS. 

4 ‘‘In this subtitle— 

5 ‘‘(1) the term ‘Nuclear Incident Response 

6 Team’ means a resource that includes— 

7 ‘‘(A) those entities of the Department of 

8 Energy that perform nuclear or radiological 

9 emergency support functions (including accident 

10 response, search response, advisory, and tech11 nical operations functions), radiation exposure 

12 functions at the medical assistance facility 

13 known as the Radiation Emergency Assistance 

14 Center/Training Site (REAC/TS), radiological 

15 assistance functions, and related functions; and 

16 ‘‘(B) those entities of the Environmental 

17 Protection Agency that perform such support 

18 functions (including radiological emergency re19 sponse functions) and related functions; 

20 ‘‘(2) the term ‘Regional Advisory Council’ 

21 means a Regional Advisory Council on Preparedness 

22 and Response established under section 513; 

23 ‘‘(3) the term ‘Regional Administrator’ means a 

24 Regional Administrator for Preparedness and Re25 sponse appointed under section 517; and 


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1 ‘‘(4) the term ‘Regional Office’ means a Re2 gional Office established under section 517. 

3 ‘‘SEC. 512. UNITED STATES EMERGENCY MANAGEMENT AU4 THORITY. 

5 ‘‘(a) IN GENERAL.—There is established in the De6 partment the United States Emergency Management Au7 thority, headed by an Administrator. 

8 ‘‘(b) MISSION.—The mission of the Authority is to— 

9 ‘‘(1) lead the Nation’s efforts to prepare for, re10 spond to, recover from, and mitigate the risks of 

11 natural and man-made disasters, including cata12 strophic incidents; 

13 ‘‘(2) partner with State and local governments 

14 and emergency response providers, with other Fed15 eral agencies, with the private sector, and with non16 governmental organizations to build a national sys17 tem of emergency management that can effectively 

18 and efficiently utilize the full measure of the Na19 tion’s resources to respond to a catastrophic incident 

20 or other natural or man-made disaster; 

21 ‘‘(3) develop a Federal response capability that, 

22 when necessary and appropriate, can act effectively, 

23 rapidly, and proactively to deliver assistance essen24 tial to saving lives or protecting or preserving propVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 erty or public health and safety in a natural or man2 made disaster; 

3 ‘‘(4) fuse the Department’s emergency re4 sponse, preparedness, recovery, mitigation, and crit5 ical infrastructure assets into a new, integrated or6 ganization that can effectively confront the chal7 lenges of a natural or man-made disaster; 

8 ‘‘(5) develop and maintain robust Regional Of9 fices that will work with State and local governments 

10 and emergency response providers to identify and 

11 address regional priorities; 

12 ‘‘(6) under the leadership of the Secretary, co13 ordinate with the Commandant of the Coast Guard, 

14 the Director of Customs and Border Protection, the 

15 Director of Immigration and Customs Enforcement, 

16 the National Operations Center, and other agencies 

17 and offices in the Department to take full advantage 

18 of the substantial range of resources in the Depart19 ment that can be brought to bear in preparing for 

20 and responding to a natural or man-made disaster; 

21 ‘‘(7) carry out the provisions of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5121 et seq.); 

24 ‘‘(8) provide funding, training, exercises, tech25 nical assistance, planning, and other assistance, to 


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1 build local, State, regional, and national capabilities, 

2 including communications capabilities, necessary to 

3 respond to a potential natural or man-made disaster; 

4 ‘‘(9) implement an all-hazards-plus strategy for 

5 preparedness that places priority on building those 

6 common capabilities necessary to respond to both 

7 terrorist attacks and natural disasters while also 

8 building the unique capabilities necessary to respond 

9 to specific types of incidents that pose the greatest 

10 risk to our Nation; and 

11 ‘‘(10) promote, plan for, and facilitate the secu12 rity and resiliency of critical infrastructure and key 

13 resources, including cyber infrastructure, against a 

14 natural or man-made disaster, and the post-disaster 

15 restoration of such critical infrastructure and key re16 sources. 

17 ‘‘(c) ADMINISTRATOR.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall be 

19 appointed by the President, by and with the advice 

20 and consent of the Senate. 

21 ‘‘(2) QUALIFICATIONS.—The Administrator 

22 shall have not less than 5 years of executive leader23 ship and management experience in the public or 

24 private sector, significant experience in crisis man25 agement or another relevant field, and a demVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 onstrated ability to manage a substantial staff and 

2 budget. 

3 ‘‘(3) REPORTING.—The Administrator shall re4 port to the Secretary, without being required to re5 port through any other official of the Department. 

6 ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE7 PAREDNESS AND RESPONSE.— 

8 ‘‘(A) IN GENERAL.—The Administrator is 

9 the principal emergency preparedness and re10 sponse advisor to the President, the Homeland 

11 Security Council, and the Secretary. 

12 ‘‘(B) ADVICE AND RECOMMENDATIONS.— 

13 ‘‘(i) IN GENERAL.—In presenting ad14 vice with respect to any matter to the 

15 President, the Homeland Security Council, 

16 or the Secretary, the Administrator shall, 

17 as the Administrator considers appro18 priate, inform the President, the Homeland 

19 Security Council, or the Secretary, as the 

20 case may be, of the range of emergency 

21 mitigation, preparedness, response, and re22 covery options with respect to that matter. 

23 ‘‘(ii) ADVICE ON REQUEST.—The Ad24 ministrator, as an emergency preparedness 

25 and response advisor, shall provide advice 


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1 to the President, the Homeland Security 

2 Council, or the Secretary on a particular 

3 matter when the President, the Homeland 

4 Security Council, or the Secretary requests 

5 such advice. 

6 ‘‘(iii) RECOMMENDATIONS TO CON7 GRESS.—After informing the Secretary, 

8 the Administrator may make such rec9 ommendations to Congress relating to 

10 emergency preparedness and response as 

11 the Administrator considers appropriate. 

12 ‘‘(C) RETENTION OF AUTHORITY.—Noth13 ing in this paragraph shall be construed as af14 fecting the authority of the Secretary under this 

15 Act. 

16 ‘‘SEC. 513. AUTHORITIES AND RESPONSIBILITIES. 

17 ‘‘(a) IN GENERAL.—The Administrator shall provide 

18 Federal leadership necessary to prepare for and respond 

19 to a natural or man-made disaster, including— 

20 ‘‘(1) carrying out the mission to reduce the loss 

21 of life and property and protect the Nation from all 

22 hazards by leading and supporting the Nation in a 

23 comprehensive, risk-based emergency preparedness 

24 and response program of— 


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1 ‘‘(A) mitigation, by taking sustained ac2 tions to reduce or eliminate long-term risk to 

3 people and property from hazards and their ef4 fects; 

5 ‘‘(B) preparedness, by planning, training, 

6 and building the emergency preparedness and 

7 response workforce to prepare effectively for, 

8 mitigate against, respond to, and recover from 

9 any hazard; 

10 ‘‘(C) response, by conducting emergency 

11 operations to save lives and property through 

12 positioning emergency equipment, personnel, 

13 and supplies, through evacuating potential vic14 tims, through providing food, water, shelter, 

15 and medical care to those in need, and through 

16 restoring critical public services; 

17 ‘‘(D) recovery, by rebuilding communities 

18 so individuals, businesses, and governments can 

19 function on their own, return to normal life, 

20 and protect against future hazards; and 

21 ‘‘(E) critical infrastructure protection, by 

22 establishing an inventory of, and protections 

23 for, public and private sector critical infrastruc24 ture, including cyber and communications as25 sets; 


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1 ‘‘(2) increasing efficiencies, by coordinating ef2 forts relating to mitigation, preparedness, response, 

3 recovery, and infrastructure protection; 

4 ‘‘(3) helping to ensure the effectiveness of emer5 gency response providers in responding to a natural 

6 or man-made disaster; 

7 ‘‘(4) providing the Federal Government’s re8 sponse to a natural or man-made disaster, includ9 ing— 

10 ‘‘(A) managing such response; 

11 ‘‘(B) directing the Domestic Emergency 

12 Support Team, the National Disaster Medical 

13 System, and (when operating as an organiza14 tional unit of the Department under this title) 

15 the Nuclear Incident Response Team; 

16 ‘‘(C) overseeing the Metropolitan Medical 

17 Response System; and 

18 ‘‘(D) coordinating other Federal response 

19 resources, including requiring deployment of the 

20 Strategic National Stockpile, in the event of a 

21 natural or man-made disaster; 

22 ‘‘(5) working with Federal, State, and local gov23 ernment personnel, agencies, and authorities to build 

24 a comprehensive national incident management sys25 tem to respond to a natural or man-made disaster; 


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1 ‘‘(6) with respect to the Nuclear Incident Re2 sponse Team (regardless of whether it is operating 

3 as an organizational unit of the Department under 

4 this title)— 

5 ‘‘(A) establishing standards and certifying 

6 when those standards have been met; 

7 ‘‘(B) conducting joint and other exercises 

8 and training and evaluating performance; and 

9 ‘‘(C) providing funds to the Department of 

10 Energy and the Environmental Protection 

11 Agency, as appropriate, for homeland security 

12 planning, exercises and training, and equip13 ment; 

14 ‘‘(7) helping to ensure that emergency response 

15 providers acquire interoperable and sustainable tech16 nology; 

17 ‘‘(8) assisting the President in carrying out the 

18 functions under the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5121 

20 et seq.); 

21 ‘‘(9) administering homeland security emer22 gency management, first responder, and other pre23 paredness grants; 

24 ‘‘(10) administering and implementing the Na25 tional Response Plan, including monitoring, evaluVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 ating, and ensuring the readiness of each emergency 

2 support function under the National Response Plan; 

3 ‘‘(11) coordinating with the National Advisory 

4 Council; 

5 ‘‘(12) ensuring the protection of critical infra6 structure by— 

7 ‘‘(A) carrying out the responsibilities under 

8 paragraphs (2) through (6) of section 201(d); 

9 ‘‘(B) helping ensure the protection and re10 siliency of key resources and critical infrastruc11 ture, including cyber infrastructure, against a 

12 natural or man-made disaster; and 

13 ‘‘(C) planning for, assisting with, and fa14 cilitating, the restoration of key resources and 

15 critical infrastructure, including cyber infra16 structure, in the event of a natural or man17 made disaster; 

18 ‘‘(13) establishing in each Regional Office a Re19 gional Advisory Council on Preparedness and Re20 sponse, to advise the Regional Administrator of that 

21 Regional Office on emergency preparedness and re22 sponse issues specific to the region; and 

23 ‘‘(14) otherwise carrying out the mission of the 

24 Authority as described in section 512(b). 


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1 ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED TO

2 CATASTROPHIC INCIDENTS.— 

3 ‘‘(1) IN GENERAL.—The Administrator, in con4 sultation with the Secretary and other senior De5 partment officials, shall develop a national emer6 gency management system that is capable of re7 sponding to catastrophic incidents. 

8 ‘‘(2) IDENTIFICATION OF RESOURCES.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 shall develop and submit to Congress annually 

11 an estimate of the resources of the Authority 

12 and other Federal agencies needed for and de13 voted specifically to developing local, State, and 

14 national capabilities necessary to respond to a 

15 catastrophic incident. 

16 ‘‘(B) CONTENTS.—Each estimate under 

17 subparagraph (A) shall include the resources 

18 both necessary for and devoted to— 

19 ‘‘(i) planning; 

20 ‘‘(ii) training and exercises; 

21 ‘‘(iii) Regional Office enhancements; 

22 ‘‘(iv) staffing, including for surge ca23 pacity during a catastrophic event; 

24 ‘‘(v) additional logistics capabilities; 


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1 ‘‘(vi) other responsibilities under the 

2 Catastrophic Incident Annex and the Cata3 strophic Incident Supplement of the Na4 tional Response Plan; and 

5 ‘‘(vii) State and local catastrophic pre6 paredness. 

7 ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In carrying 

8 out the responsibilities of this section, the Administrator 

9 shall implement an all-hazards-plus strategy that places 

10 priority on building those common capabilities necessary 

11 to prepare for, respond to, recover from, and mitigate the 

12 risks of terrorist attacks and natural disasters, while also 

13 building the unique capabilities necessary to prepare for, 

14 respond to, recover from, and mitigate the risks of specific 

15 types of incidents that pose the greatest risk to the Na16 tion. 

17 ‘‘SEC. 514. AUTHORITY COMPONENTS. 

18 ‘‘There are transferred to the Authority the following: 

19 ‘‘(1) The Federal Emergency Management 

20 Agency, as constituted on June 1, 2006, including 

21 all of its functions, personnel, assets, components, 

22 and liabilities, and including the functions of the 

23 Under Secretary for Federal Emergency Manage24 ment relating thereto. 


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1 ‘‘(2) The Directorate of Preparedness, as con2 stituted on June 1, 2006, including all of its func3 tions, personnel assets, components, and liabilities, 

4 and including the functions of the Under Secretary 

5 for Preparedness relating thereto. 

6 ‘‘SEC. 515. PRESERVING THE UNITED STATES EMERGENCY 

7 MANAGEMENT AUTHORITY. 

8 ‘‘(a) DISTINCT ENTITY.—The Authority shall be 

9 maintained as a distinct entity within the Department. 

10 ‘‘(b) REORGANIZATION.—Section 872 shall not apply 

11 to the Authority, including any function or organizational 

12 unit of the Authority. 

13 ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may not 

15 substantially or significantly reduce the authorities, 

16 responsibilities, or functions of the Authority or the 

17 capability of the Authority to perform those respon18 sibilities, except as otherwise specifically provided in 

19 an Act enacted after the date of enactment of the 

20 Post Katrina Emergency Management Reform Act 

21 of 2006. 

22 ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No 

23 asset, function or mission of the Authority may be 

24 diverted to the principal and continuing use of any 

25 other organization, unit, or entity of the DepartVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 ment, except for details or assignments that do not 

2 reduce the capability of the Authority to perform its 

3 missions. 

4 ‘‘SEC. 516. DIRECTORS. 

5 ‘‘(a) IN GENERAL.—There shall be in the Authority 

6 a Director for Preparedness and a Director for Response 

7 and Recovery, each of whom shall be appointed by the 

8 President, by and with the advice and consent of the Sen9 ate, and shall report to the Administrator. 

10 ‘‘(b) QUALIFICATIONS.— 

11 ‘‘(1) IN GENERAL.—A Director shall have— 

12 ‘‘(A) not less than 5 years of— 

13 ‘‘(i) executive leadership and manage14 ment experience in the public or private 

15 sector; and 

16 ‘‘(ii) significant experience in crisis 

17 management or another relevant field; and 

18 ‘‘(B) a demonstrated ability to manage a 

19 substantial staff and budget. 

20 ‘‘(2) CONCURRENT EXPERIENCE.—Service dur21 ing any period of time may be used in meeting the 

22 requirements under both clause (i) and (ii) of para23 graph (1)(A). 

24 ‘‘(c) INITIAL DIRECTORS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the individual serving as the Under 

3 Secretary for Preparedness and the individual serv4 ing as the Under Secretary for the Federal Emer5 gency Management Agency on the effective date of 

6 the Post Katrina Emergency Management Reform 

7 Act of 2006, may serve as the Director for Pre8 paredness and the Director of Response and Recov9 ery, respectively, until a Director for Preparedness 

10 or a Director of Response and Recovery, as the case 

11 may be, is appointed under subsection (a). 

12 ‘‘(2) PRIOR CONFIRMATION.—Paragraph (1) 

13 shall apply if the individual is serving as the Under 

14 Secretary for Preparedness or the Under Secretary 

15 for the Federal Emergency Management Agency, 

16 under an appointment by the President, by and with 

17 the advice and consent of the Senate. 

18 ‘‘SEC. 517. REGIONAL OFFICES. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) REGIONAL OFFICES.—The Administrator 

21 shall establish 10 Regional Offices of the Authority. 

22 ‘‘(2) ADDITIONAL OFFICE.—In addition to the 

23 Regional Offices established under paragraph (1), 

24 the Administrator may designate the Office for NaVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 tional Capital Region Coordination under section 

2 882 as a Regional Office. 

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

4 ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re5 gional Office shall be headed by a Regional Adminis6 trator for Preparedness and Response, who shall be 

7 appointed by the Administrator. Each Regional Ad8 ministrator for Emergency Preparedness and Re9 sponse shall report directly to the Administrator. 

10 ‘‘(2) QUALIFICATIONS.—Each Regional Office 

11 shall be headed by an individual in the Senior Exec12 utive Service qualified to act as a senior Federal co13 ordinating officer to provide strategic oversight of 

14 incident management when needed. 

15 ‘‘(c) RESPONSIBILITIES.— 

16 ‘‘(1) IN GENERAL.—The Regional Adminis17 trator shall work in partnership with State and local 

18 governments, emergency managers, emergency re19 sponse providers, medical providers, the private sec20 tor, nongovernmental organizations, multijuris21 dictional councils of governments, and regional plan22 ning commissions and organizations in the geo23 graphical area served by the Regional Office to carry 

24 out the responsibilities of a Regional Administrator 

25 under this section. 


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1 ‘‘(2) RESPONSIBILITIES.—The responsibilities 

2 of a Regional Administrator include— 

3 ‘‘(A) ensuring effective, coordinated, and 

4 integrated regional preparedness, mitigation, re5 sponse, and recovery activities and programs 

6 for natural and man-made disasters (including 

7 planning, training, exercises, and professional 

8 development); 

9 ‘‘(B) coordinating and integrating regional 

10 preparedness, mitigation, response, and recov11 ery activities and programs for natural and 

12 man-made disasters (including planning, train13 ing, exercises, and professional development), 

14 which shall include— 

15 ‘‘(i) providing regional and interstate 

16 planning assistance; 

17 ‘‘(ii) organizing, in consultation with 

18 the Administrator, regional training and 

19 exercise programs; 

20 ‘‘(iii) providing support and coordina21 tion officers for State and local govern22 ment training and exercises; 

23 ‘‘(iv) participating in emergency pre24 paredness and planning activities by State, 

25 regional, and local governments; 


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1 ‘‘(v) assisting in the development of 

2 regional capabilities needed for a national 

3 catastrophic response system; 

4 ‘‘(vi) helping to coordinate and de5 velop interstate agreements; and 

6 ‘‘(vii) coordinating the establishment 

7 of effective regional interagency emergency 

8 communications capabilities and commu9 nications interoperability, and reporting 

10 annually to the Administrator, who shall 

11 provide the information to the Director for 

12 Emergency Communications, on regional 

13 efforts to achieve these goals and on re14 gional progress in meeting the goals of the 

15 National Emergency Communications 

16 Strategy developed under section 535; 

17 ‘‘(C) establishing and overseeing 1 or more 

18 strike teams within the region under subsection 

19 (e), which shall serve as the focal point of the 

20 Federal Government’s initial response efforts 

21 for a natural or man-made disaster within that 

22 region, and otherwise building Federal response 

23 capabilities to respond to a natural or man24 made disaster within that region; 


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1 ‘‘(D) working with the private sector to as2 sess weaknesses in critical infrastructure pro3 tection in the region and to design and imple4 ment programs to address those weaknesses; 

5 ‘‘(E) designating an individual responsible 

6 for, in conjunction with other relevant Federal, 

7 State, and local officials, the development of 

8 strategic and operational regional plans to re9 spond effectively to natural or manmade disas10 ters in the region in support of the National 

11 Response Plan; 

12 ‘‘(F) coordinating all activities conducted 

13 under this section with other Federal depart14 ments and agencies; and 

15 ‘‘(G) performing such other duties relating 

16 to such responsibilities as the Administrator 

17 may require. 

18 ‘‘(d) AREA OFFICES.—The Administrator shall estab19 lish an Area Office for the Pacific and an Area Office for 

20 the Caribbean, as components in the appropriate Regional 

21 Offices. 

22 ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.— 

23 ‘‘(1) ESTABLISHMENT.—In coordination with 

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1 ministrator shall establish multi-agency strike teams 

2 that shall consist of— 

3 ‘‘(A) a designated Federal coordinating of4 ficer; 

5 ‘‘(B) personnel trained in incident manage6 ment; 

7 ‘‘(C) public affairs, response and recovery, 

8 and communications support personnel; 

9 ‘‘(D) a defense coordinating officer; 

10 ‘‘(E) liaisons to other Federal agencies; 

11 ‘‘(F) such other personnel as the Adminis12 trator or Regional Administrator determines 

13 appropriate; and 

14 ‘‘(G) individuals from the agencies with 

15 primary responsibility for each of the emer16 gency support functions in the National Re17 sponse Plan, including the following: 

18 ‘‘(i) Transportation. 

19 ‘‘(ii) Communications. 

20 ‘‘(iii) Public works and engineering. 

21 ‘‘(iv) Emergency management. 

22 ‘‘(v) Mass care. 

23 ‘‘(vi) Housing and human services. 

24 ‘‘(vii) Public health and medical serv25 ices. 


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1 ‘‘(viii) Urban search and rescue. 

2 ‘‘(ix) Public safety and security. 

3 ‘‘(x) External affairs. 

4 ‘‘(2) LOCATION OF MEMBERS.—The members 

5 of each Regional Office strike team, including rep6 resentatives from agencies other than the Depart7 ment, shall be based primarily at the Regional Office 

8 that corresponds to that strike team. 

9 ‘‘(3) COORDINATION.—Each Regional Office 

10 strike team shall coordinate the training and exer11 cises of that strike team with the State and local 

12 governments and private sector and nongovern13 mental entities which the strike team shall support 

14 when a natural or man-made disaster occurs. 

15 ‘‘(4) PREPAREDNESS.—Each Regional Office 

16 strike team shall be trained, equipped, and staffed to 

17 be well prepared to respond to natural and man18 made disasters, including catastrophic incidents. 

19 ‘‘SEC. 518. NATIONAL ADVISORY COUNCIL ON PREPARED20 NESS AND RESPONSE. 

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

22 the date of enactment of the Post Katrina Emergency 

23 Management Reform Act of 2006, the Secretary shall es24 tablish an advisory body under section 871(a), to be 


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1 known as the National Advisory Council on Preparedness 

2 and Response. 

3 ‘‘(b) RESPONSIBILITIES.—The National Advisory 

4 Council shall advise the Administrator on all aspects of 

5 emergency preparedness and response. 

6 ‘‘(c) MEMBERSHIP.— 

7 ‘‘(1) IN GENERAL.—The members of the Na8 tional Advisory Council shall be appointed by the 

9 Administrator, and shall, to the extent practicable, 

10 represent a geographic (including urban and rural) 

11 and substantive cross section of State and local gov12 ernment officials and emergency managers, and 

13 emergency response providers, from State and local 

14 governments, the private sector, and nongovern15 mental organizations, including as appropriate— 

16 ‘‘(A) members selected from the emergency 

17 preparedness and response fields, including fire 

18 service, law enforcement, hazardous materials 

19 response, emergency medical services, and 

20 emergency preparedness and response per21 sonnel, or organizations representing such 

22 members; 

23 ‘‘(B) health scientists, emergency and in24 patient medical providers, and public health 

25 professionals; 


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1 ‘‘(C) experts representing standards set2 ting organizations; 

3 ‘‘(D) State and local government officials 

4 with expertise in terrorism preparedness and 

5 emergency preparedness and response; 

6 ‘‘(E) elected State and local government 

7 executives; 

8 ‘‘(F) experts in public and private sector 

9 infrastructure protection, cybersecurity, and 

10 communications; 

11 ‘‘(G) representatives of the disabled and 

12 other special needs populations; and 

13 ‘‘(H) such other individuals as the Admin14 istrator determines to be appropriate. 

15 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM16 MITTEE ACT.— 

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

18 871(a) and subject to paragraph (2), the Federal 

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

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

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

22 Code, shall apply to the Advisory Council. 

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

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

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


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1 ‘‘SEC. 519. NATIONAL INCIDENT MANAGEMENT SYSTEM IN2 TEGRATION CENTER. 

3 ‘‘(a) IN GENERAL.—There is in the Authority a Na4 tional Incident Management System Integration Center. 

5 ‘‘(b) RESPONSIBILITIES.— 

6 ‘‘(1) IN GENERAL.—The Administrator, 

7 through the National Incident Management System 

8 Integration Center, and in consultation with other 

9 Federal departments and agencies and the National 

10 Advisory Council, shall ensure ongoing management 

11 and maintenance of the National Incident Manage12 ment System, the National Response Plan, any other 

13 document or tool in support of Homeland Security 

14 Presidential Directive 5, or any other Homeland Se15 curity Presidential Directive relating to incident 

16 management and response. 

17 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na18 tional Incident Management System Integration 

19 Center shall— 

20 ‘‘(A) periodically review, and revise, as ap21 propriate, the National Incident Management 

22 System and the National Response Plan; 

23 ‘‘(B) review other matters relating to the 

24 National Incident Management System and the 

25 National Response Plan, as the Administrator 

26 may require; 


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1 ‘‘(C) develop and implement a national 

2 program for National Incident Management 

3 System and National Response Plan education 

4 and awareness; 

5 ‘‘(D) oversee all aspects of the National 

6 Incident Management System, including the de7 velopment of compliance criteria and implemen8 tation activities at Federal, State, and local 

9 government levels; 

10 ‘‘(E) provide guidance and assistance to 

11 States and local governments and emergency 

12 response providers, in adopting the National In13 cident Management System; and 

14 ‘‘(F) perform such other duties relating to 

15 such responsibilities as the Administrator may 

16 require. 

17 ‘‘SEC. 520. NATIONAL OPERATIONS CENTER. 

18 ‘‘(a) DEFINITION.—In this section, the term ‘situa19 tional awareness’ means information gathered from a vari20 ety of sources that, when communicated to emergency pre21 paredness and response managers and decision makers, 

22 can form the basis for incident management decision23 making. 

24 ‘‘(b) ESTABLISHMENT.—There is established in the 

25 Department a National Operations Center. 


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1 ‘‘(c) PURPOSE.—The purposes of the National Oper2 ations Center are to— 

3 ‘‘(1) coordinate the national response to any 

4 natural or man-made disaster, as determined by the 

5 Secretary; 

6 ‘‘(2) provide situational awareness and a com7 mon operating picture for the entire Federal Govern8 ment, and for State and local governments as appro9 priate, for an event described in paragraph (1); 

10 ‘‘(3) collect and analyze information to help 

11 deter, detect, and prevent terrorist acts; 

12 ‘‘(4) disseminate terrorism and disaster-related 

13 information to Federal, State, and local govern14 ments; 

15 ‘‘(5) ensure that critical terrorism and disaster16 related information reaches government decision17 makers; and 

18 ‘‘(6) perform such other duties as the Secretary 

19 may require. 

20 ‘‘(d) RESPONSIBILITIES.—The National Operations 

21 Center shall carry out the responsibilities of the Homeland 

22 Security Operations Center, the National Response Co23 ordination Center, and the Interagency Incident Manage24 ment Group, as constituted on September 1, 2005. 


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1 ‘‘SEC. 521. CHIEF MEDICAL OFFICER. 

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

3 Medical Officer, who shall be appointed by the President, 

4 by and with the advice and consent of the Senate. The 

5 Chief Medical Officer shall report directly to the Adminis6 trator. 

7 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

8 Chief Medical Officer shall possess a demonstrated ability 

9 in and knowledge of medicine and public health. 

10 ‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 

11 shall have the primary responsibility within the Depart12 ment for medical issues related to natural and man-made 

13 disasters, including— 

14 ‘‘(1) serving as the principal advisor to the Sec15 retary and the Administrator on medical and public 

16 health issues; 

17 ‘‘(2) coordinating the biosurveillance and detec18 tion activities of the Department; 

19 ‘‘(3) ensuring internal and external coordina20 tion of all medical preparedness and response activi21 ties of the Department, including training, exercises, 

22 and equipment support; 

23 ‘‘(4) serving as the Department’s primary point 

24 of contact with the Department of Agriculture, the 

25 Department of Defense, the Department of Health 

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1 tation, the Department of Veterans Affairs, and 

2 other Federal departments or agencies, on medical 

3 and public health issues; 

4 ‘‘(5) serving as the Department’s primary point 

5 of contact for State and local government, the med6 ical community, and others within and outside the 

7 Department, with respect to medical and public 

8 health matters; 

9 ‘‘(6) discharging, in coordination with the 

10 Under Secretary for Science and Technology, the re11 sponsibilities of the Department related to Project 

12 Bioshield; 

13 ‘‘(7) establishing doctrine and priorities for the 

14 National Disaster Medical System, consistent with 

15 the National Response Plan and the National Inci16 dent Management System, supervising its medical 

17 components, and exercising predeployment oper18 ational control, including— 

19 ‘‘(A) determining composition of the 

20 teams; 

21 ‘‘(B) overseeing credentialing of the teams; 

22 and 

23 ‘‘(C) training personnel of the teams; 

24 ‘‘(8) managing the Metropolitan Medical Re25 sponse System, including establishing doctrine and 


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1 priorities for the Metropolitan Medical Response 

2 System, consistent with the National Response Plan 

3 and the National Incident Management System, and 

4 developing and overseeing standards, plans, training, 

5 and exercises and coordinating with the Office of 

6 Grants and Training on the use and distribution of 

7 Metropolitan Medical Response grants; 

8 ‘‘(9) assessing and monitoring long-term health 

9 issues of emergency managers and emergency re10 sponse providers; 

11 ‘‘(10) developing and updating, in consultation 

12 with the Secretary of Health and Human Services, 

13 guidelines for State and local governments for med14 ical response plans for chemical, biological, radio15 logical, nuclear, or explosive weapon attacks; 

16 ‘‘(11) developing, in consultation with the Sec17 retary of Health and Human Services, appropriate 

18 patient tracking capabilities to execute domestic pa19 tient movement and evacuations, including a system 

20 that has the capacity of electronically maintaining 

21 and transmitting the health information of hospital 

22 patients; 

23 ‘‘(12) establishing and providing oversight for 

24 the Department’s occupational health and safety 

25 program, including workforce health; and 


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1 ‘‘(13) performing such other duties relating to 

2 such responsibilities as the Secretary or the Admin3 istrator may require. 

4 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PRO5 GRAM.— 

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

7 in consultation with the Director of the National In8 stitute for Occupational Safety and Health, shall es9 tablish a program to assess, monitor, and study the 

10 health and safety of emergency managers and emer11 gency response providers, following Incidents of Na12 tional Significance declared by the Secretary under 

13 the National Response Plan. 

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

15 out the program under this subsection, the Chief 

16 Medical Officer shall enter into cooperative agree17 ments, as necessary, with medical institutions in the 

18 areas affected by an Incident of National Signifi19 cance. 

20 ‘‘SEC. 522. PUBLIC AND COMMUNITY PREPAREDNESS. 

21 ‘‘The Administrator shall promote public and commu22 nity preparedness. 

23 ‘‘SEC. 523. BASIC LIFE SUPPORTING FIRST AID EDUCATION 

24 FOR CHILDREN. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘age-appropriate’ means informa2 tion, education, and skills suitable for the individual 

3 to understand and perform; 

4 ‘‘(2) the term ‘appropriate municipal entity’ 

5 means an agency of a unit of local government that 

6 is an emergency response provider or provides other 

7 similar medical services or training, including a fire 

8 department, law enforcement agency, hospital, school 

9 nurse, or emergency medical services provider; 

10 ‘‘(3) the term ‘children’ means individuals 

11 under the age of 18 years enrolled in grades kinder12 garten through 12; 

13 ‘‘(4) the term ‘emergency medical professional’ 

14 means an individual certified by a State in emer15 gency medical services; 

16 ‘‘(5) the term ‘life supporting first aid’ includes 

17 cardiopulmonary resuscitation, the use of an auto18 matic external defibrillator, the Heimlich maneuver, 

19 blood-borne and biohazardous precautions, bleed 

20 control, and other life-sustaining procedures in the 

21 event of an emergency; and 

22 ‘‘(6) the term ‘selected organization’ means the 

23 organization contracting with the Secretary of 

24 Homeland Security under subsection (b). 


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1 ‘‘(b) AUTHORITY.—The Secretary of Homeland Secu2 rity, acting through the Chief Medical Officer, and in con3 sultation with the Secretary of Education, shall enter into 

4 an agreement with an organization, under which such or5 ganization shall provide funds to appropriate municipal 

6 entities to provide education and training in life sup7 porting first aid to children, including scene safety proce8 dures. 

9 ‘‘(c) ELIGIBILITY.—In selecting an organization, the 

10 Secretary shall consider and give priority to an organiza11 tion that— 

12 ‘‘(1) has experience in training individuals (es13 pecially children) to be active bystanders, equipped 

14 with life supporting first aid skills to assist during 

15 emergencies; 

16 ‘‘(2) recognizes that life supporting first aid 

17 techniques are essential to maintaining life before 

18 the arrival of emergency response providers; 

19 ‘‘(3) uses emergency medical professionals as 

20 instructors to teach life supporting first aid tech21 niques to children and adults; 

22 ‘‘(4) works with Federal, State, and local gov23 ernment entities and the private sector to highlight 

24 the importance of public emergency preparedness 

25 and effective emergency response; 


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1 ‘‘(5) has developed and implemented, before the 

2 date of entering a contract under subsection (b), a 

3 testing component for evaluation, accountability, and 

4 data collection; and 

5 ‘‘(6) is an affiliate of the Citizens Corps of the 

6 Department of Homeland Security. 

7 ‘‘(d) USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—Funds provided under this 

9 section by the selected organization to an appro10 priate municipal entity shall be used— 

11 ‘‘(A) to create age-appropriate educational 

12 materials regarding life supporting first aid to 

13 be distributed to children; 

14 ‘‘(B) to conduct training and clinical in15 struction of children in life supporting first aid; 

16 and 

17 ‘‘(C) for data collection and statistical 

18 analysis. 

19 ‘‘(2) PRIORITY.—In providing funds to appro20 priate municipal entities under this section, the se21 lected organization shall give priority to emergency 

22 medical services, fire departments, law enforcement 

23 agencies, hospitals, and school nurses. 


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1 ‘‘SEC. 524. SAVER PROGRAM. 

2 ‘‘(a) IN GENERAL.—In the Department there is a 

3 System Assessment and Validation for Emergency Re4 sponders Program to provide impartial evaluations of 

5 emergency response equipment and systems. 

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

7 under subsection (a) shall— 

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

9 and operationally oriented assessments and valida10 tions of emergency response provider equipment and 

11 systems that have not already been third-party cer12 tified to a standard adopted by the Department, in13 cluding— 

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

15 response provider equipment and systems in all 

16 equipment list categories of the Standardized 

17 Equipment List published by the Interagency 

18 Board for Equipment Standardization and 

19 Interoperability; and 

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

21 the Secretary determines are appropriate; 

22 ‘‘(2) provide information that enables decision23 makers and emergency response providers to better 

24 select, procure, use, and maintain emergency re25 sponse provider equipment or systems; 


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

2 products within a system and subsystems; and 

3 ‘‘(4) provide information and feedback to emer4 gency response providers through the Responder 

5 Knowledge Base of the National Memorial Institute 

6 for the Prevention of Terrorism, or other appro7 priate forum. 

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

9 assessment and validation of emergency response provider 

10 equipment and systems shall use multiple evaluation tech11 niques, including— 

12 ‘‘(1) operational assessments of equipment per13 formance on vehicle platforms; 

14 ‘‘(2) technical assessments on a comparative 

15 basis of system component performance across 

16 makes and models under controlled conditions; and 

17 ‘‘(3) integrative assessments on an individual 

18 basis of system component interoperability and com19 patibility with other system components. 

20 ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To the 

21 extent practical, the assessment and validation of personal 

22 protective equipment under this section shall be conducted 

23 by the National Personal Protective Technology Labora24 tory of the National Institute for Occupational Safety and 

25 Health. 


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1 ‘‘SEC. 525. NATIONAL SEARCH AND RESCUE RESPONSE SYS2 TEM. 

3 ‘‘(a) NATIONAL SEARCH AND RESCUE RESPONSE

4 SYSTEM.—There is established in the Authority an emer5 gency response system known as the National Search and 

6 Rescue Response System that provides a national network 

7 of standardized search and rescue resources to assist State 

8 and local governments in responding to any natural or 

9 man-made disaster. 

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

11 ‘‘(1) TASK FORCE PARTICIPATION.—The Ad12 ministrator shall select eligible search and rescue 

13 teams that are sponsored by State and local govern14 ment entities to participate as task forces in the Na15 tional Search and Rescue Response System. The Ad16 ministrator shall determine the criteria for such par17 ticipation. 

18 ‘‘(2) AGREEMENTS WITH SPONSORING AGEN19 CIES.—The Administrator shall enter into an agree20 ment with the State or local government entity that 

21 sponsors each search and rescue team selected under 

22 paragraph (1) with respect the team’s participation 

23 as a task force in the National Search and Rescue 

24 Response System. 

25 ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.— 

26 The Administrator shall maintain such management 


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1 and other technical teams as are necessary to ad2 minister the National Search and Rescue Response 

3 System. 

4 ‘‘SEC. 526. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

5 ‘‘(a) IN GENERAL.—There is in the Authority a Met6 ropolitan Medical Response System. Under the Metropoli7 tan Medical Response System, the Assistant Secretary for 

8 Grants and Planning, in coordination with the Chief Med9 ical Officer, shall administer grants to develop, maintain, 

10 and enhance medical preparedness systems that are capa11 ble of responding effectively to a public health crisis or 

12 mass-casualty event caused by a natural or man-made dis13 aster. 

14 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re15 sponse System shall make grants to local governments to 

16 enhance any of the following activities: 

17 ‘‘(1) Medical surge capacity. 

18 ‘‘(2) Mass prophylaxis. 

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

20 and explosive detection, response, and decontamina21 tion capabilities. 

22 ‘‘(4) Emergency communications capabilities. 

23 ‘‘(5) Information sharing and collaboration ca24 pabilities. 

25 ‘‘(6) Regional collaboration. 


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

2 ‘‘(8) Medical supply management and distribu3 tion. 

4 ‘‘(9) Fatality management. 

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

6 may provide. 

7 ‘‘SEC. 527. THE NATIONAL INFRASTRUCTURE SIMULATION 

8 AND ANALYSIS CENTER. 

9 ‘‘(a) DEFINITION.—In this section, the term ‘Na10 tional Infrastructure Simulation and Analysis Center’ 

11 means the National Infrastructure Simulation and Anal12 ysis Center established under section 1016(d) of the USA 

13 PATRIOT Act (42 U.S.C. 5195c(d)). 

14 ‘‘(b) AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—There is in the Authority 

16 the National Infrastructure Simulation and Analysis 

17 Center which shall serve as a source of national 

18 competence to address critical infrastructure protec19 tion and continuity through support for activities re20 lated to— 

21 ‘‘(A) counterterrorism, threat assessment, 

22 and risk mitigation; and 

23 ‘‘(B) a natural or man-made disaster. 

24 ‘‘(2) INFRASTRUCTURE MODELING.— 


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1 ‘‘(A) PARTICULAR SUPPORT.—The support 

2 provided under paragraph (1) shall include 

3 modeling, simulation, and analysis of the sys4 tems comprising critical infrastructure, in order 

5 to enhance critical infrastructure preparedness, 

6 protection, response, and recovery activities. 

7 ‘‘(B) RELATIONSHIP WITH OTHER AGEN8 CIES.—Each Federal agency and department 

9 with critical infrastructure responsibilities 

10 under Homeland Security Presidential Directive 

11 7, or any successor to such directive, shall es12 tablish a formal relationship, including an 

13 agreement regarding information sharing, be14 tween the elements of such agency or depart15 ment and the National Infrastructure Simula16 tion and Analysis Center. 

17 ‘‘(C) PURPOSE.— 

18 ‘‘(i) IN GENERAL.—The purpose of 

19 the relationship under subparagraph (B) 

20 shall be to permit each Federal agency and 

21 department described in subparagraph (B) 

22 to take full advantage of the capabilities of 

23 the National Infrastructure Simulation and 

24 Analysis Center (particularly vulnerability 

25 and consequence analysis), consistent with 


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1 its work load capacity and priorities, for 

2 real-time response to reported and pro3 jected emergencies, natural disasters, ter4 rorist attacks, or other catastrophic inci5 dents. 

6 ‘‘(ii) RECIPIENT OF CERTAIN SUP7 PORT.—Modeling, simulation, and analysis 

8 provided under this subsection shall be 

9 provided to relevant Federal agencies and 

10 departments, including Federal agencies 

11 and departments with critical infrastruc12 ture responsibilities under Homeland Secu13 rity Presidential Directive 7, or any suc14 cessor to such directive. 

15 ‘‘SEC. 528. EMERGENCY MANAGEMENT ASSISTANCE COM16 PACT. 

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

18 the Administrator, may make grants for the purposes of 

19 administering and improving the Emergency Management 

20 Assistance Compact consented to by the Joint Resolution 

21 entitled ‘Joint Resolution granting the consent of Con22 gress to the Emergency Management Assistance Compact’ 

23 (Public Law 104–321; 110 Stat. 3877). 

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

25 to— 


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1 ‘‘(1) carry out recommendations identified in 

2 after-action reports for the 2004 and 2005 hurricane 

3 season issued under the Emergency Management 

4 Assistance Compact; 

5 ‘‘(2) coordinate with the Department and other 

6 Federal Government agencies; 

7 ‘‘(3) coordinate with State and local govern8 ment entities and their respective national associa9 tions; 

10 ‘‘(4) assist State and local governments, emer11 gency response providers, and organizations rep12 resenting such members with credentialing emer13 gency response providers and the typing of emer14 gency response resources; or 

15 ‘‘(5) administer the operations of the Emer16 gency Management Assistance Compact. 

17 ‘‘SEC. 529. OFFICE FOR THE PREVENTION OF TERRORISM. 

18 ‘‘(a) ESTABLISHMENT.—There is established in the 

19 Department an Office for the Prevention of Terrorism, 

20 which shall be headed by a Director. 

21 ‘‘(b) DIRECTOR.— 

22 ‘‘(1) REPORTING.—The Director of the Office 

23 for the Prevention of Terrorism shall report directly 

24 to the Secretary. 


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1 ‘‘(2) QUALIFICATIONS.—The Director of the 

2 Office for the Prevention of Terrorism shall have an 

3 appropriate background with experience in law en4 forcement, intelligence, or other anti-terrorist func5 tions. 

6 ‘‘(c) ASSIGNMENT OF PERSONNEL.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall assign 

8 to the Office for the Prevention of Terrorism perma9 nent staff and other appropriate personnel detailed 

10 from other components of the Department to carry 

11 out the responsibilities under this section. 

12 ‘‘(2) LIAISONS.—The Secretary shall designate 

13 senior employees from each component of the De14 partment that has significant antiterrorism respon15 sibilities to act a liaison between that component 

16 and the Office for the Prevention of Terrorism. 

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

18 for the Prevention of Terrorism shall— 

19 ‘‘(1) coordinate policy and operations between 

20 the Department and State and local government 

21 agencies relating to preventing acts of terrorism 

22 within the United States; 

23 ‘‘(2) serve as a liaison between State and local 

24 law enforcement agencies and the Department; 


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1 ‘‘(3) in coordination with the Office of Intel2 ligence, develop better methods for the sharing of in3 telligence with State and local law enforcement 

4 agencies; 

5 ‘‘(4) work with the Assistant Secretary of the 

6 Office of Grants and Training to ensure that home7 land security grants to State and local agencies, in8 cluding the Law Enforcement Terrorism Prevention 

9 Program, Commercial Equipment Direct Assistance 

10 Program, grants to support fusion centers and other 

11 law enforcement-oriented programs are adequately 

12 focused on terrorism prevention activities; and 

13 ‘‘(5) coordinate with the Authority, the Depart14 ment of Justice, the National Institute of Justice, 

15 law enforcement organizations, and other appro16 priate entities to develop national voluntary con17 sensus standards for training and personal protec18 tive equipment to be used in a tactical environment 

19 by law enforcement officers. 

20 ‘‘(e) PILOT PROJECT.— 

21 ‘‘(1) IN GENERAL.—The Director of the Office 

22 for the Prevention of Terrorism, in coordination with 

23 the Director for Response, shall establish a pilot 

24 project to determine the efficacy and feasibility of 

25 establishing law enforcement deployment teams. 


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1 ‘‘(2) FUNCTION.—The law enforcement deploy2 ment teams participating in the pilot program under 

3 this subsection shall form the basis of a national 

4 network of standardized law enforcement resources 

5 to assist State and local governments in responding 

6 to a natural or man-made disaster. 

7 ‘‘(f) CONSTRUCTION.—Nothing in this section may be 

8 construed to affect the roles or responsibilities of the De9 partment of Justice. 

10 ‘‘SEC. 530. DEPARTMENT OFFICIALS. 

11 ‘‘(a) CYBERSECURITY AND TELECOMMUNI12 CATIONS.—There is in the Department an Assistant Sec13 retary for Cybersecurity and Telecommunications. 

14 ‘‘(b) UNITED STATES FIRE ADMINISTRATION.—The 

15 Administrator of the United States Fire Administration 

16 shall have a rank equivalent to an assistant secretary of 

17 the Department. 

18 ‘‘SEC. 531. CREDENTIALING. 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘credential’ means to provide doc21 umentation that can authenticate and verify the 

22 qualifications and identity of managers of incidents, 

23 emergency response providers, and other appropriate 

24 personnel, including by ensuring that such personnel 

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1 ence, physical and medical fitness, and capability ap2 propriate for their position; 

3 ‘‘(2) the term ‘credentialing’ means evaluating 

4 an individual’s qualifications for a specific position 

5 under guidelines created in this section and assign6 ing such individual a qualification under the stand7 ards developed in this section; and 

8 ‘‘(3) the term ‘credentialed’ means an indi9 vidual has been evaluated for a specific position 

10 under the guidelines created under this section. 

11 ‘‘(b) REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall 

13 enter into a memorandum of understanding to col14 laborate with State and local governments, emer15 gency response providers, and the organizations that 

16 represent them, to establish in consultation with the 

17 Authority nationwide standards for credentialing all 

18 personnel who are likely to respond to an emergency 

19 or major disaster. 

20 ‘‘(2) CONTENTS.—The standards developed 

21 under paragraph (1) shall— 

22 ‘‘(A) include the minimum professional 

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1 sponse functional positions that are applicable 

2 to Federal, State and local government; 

3 ‘‘(B) be compatible with the National Inci4 dent Management System; and 

5 ‘‘(C) be consistent with standards for ad6 vance registration for health professions volun7 teers under section 319I of the Public Health 

8 Services Act (42 U.S.C. 247d–7b). 

9 ‘‘(3) TIMEFRAME.—The Administrator shall de10 velop standards under paragraph (1) not later than 

11 6 months after the date of enactment of the Post 

12 Katrina Emergency Management Reform Act of 

13 2006. 

14 ‘‘(c) CREDENTIALING OF DEPARTMENT PER15 SONNEL.— 

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

17 the date of enactment of the Post Katrina Emer18 gency Management Reform Act of 2006, the Sec19 retary and the Administrator shall ensure that all 

20 personnel of the Department (including temporary 

21 personnel and individuals in the surge capacity force 

22 established under section 304 of the Post Katrina 

23 Emergency Management Reform Act of 2006) who 

24 are likely to respond to an emergency or major dis25 aster are credentialed. 


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1 ‘‘(2) STRATEGIC HUMAN CAPITAL PLAN.—Not 

2 later than 90 days after completion of the 

3 credentialing under paragraph (1), the Adminis4 trator shall evaluate whether the workforce of the 

5 Authority complies with the Strategic Human Cap6 ital Plan of the Authority developed under section 

7 301 of the Post Katrina Emergency Management 

8 Reform Act of 2006 and is sufficient to respond to 

9 a catastrophic incident. 

10 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

11 PLAN.— 

12 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

13 than 6 months after the date of enactment of the 

14 Post Katrina Emergency Management Reform Act 

15 of 2006, the Administrator shall provide the stand16 ards developed under subsection (b) to all Federal 

17 agencies that have responsibilities under the Na18 tional Response Plan. 

19 ‘‘(2) CREDENTIALING OF AGENCIES.—Not later 

20 than 180 days after the date on which the standards 

21 are provided under paragraph (1), each agency de22 scribed in paragraph (1) shall— 

23 ‘‘(A) ensure that all employees or volun24 teers of that agency who are likely to respond 


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1 to an emergency or major disaster are 

2 credentialed; and 

3 ‘‘(B) submit to the Secretary the name of 

4 each credentialed employee or volunteer of such 

5 agency. 

6 ‘‘(3) LEADERSHIP.—The Administrator shall 

7 provide leadership, guidance, and technical assist8 ance to an agency described in paragraph (1) to fa9 cilitate the credentialing process of that agency. 

10 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 

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

12 the date of enactment of the Post Katrina Emer13 gency Management Reform Act of 2006, the Admin14 istrator shall establish and maintain a documenta15 tion and database system of Federal emergency re16 sponse providers and all other Federal personnel 

17 credentialed to respond to an emergency or major 

18 disaster. 

19 ‘‘(2) ACCESSIBILITY.—The documentation and 

20 database system established under paragraph (1) 

21 shall be accessible to the Federal coordinating officer 

22 and other appropriate officials preparing for or re23 sponding to an emergency or major disaster. 

24 ‘‘(3) CONSIDERATIONS.—The Administrator 

25 shall consider whether the credentialing system can 


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1 be used to regulate access to areas affected by a 

2 major disaster. 

3 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN4 MENTS.—Not later than 6 months after the date of enact5 ment of the Post Katrina Emergency Management Re6 form Act of 2006, the Administrator shall— 

7 ‘‘(1) in collaboration with the Emergency Man8 agement Assistance Compact provide detailed writ9 ten guidance, assistance, and expertise to State and 

10 local governments to facilitate the credentialing of 

11 State and local emergency response providers com12 monly or likely to be used in responding to an emer13 gency or major disaster; and 

14 ‘‘(2) in coordination with the Emergency Man15 agement Assistance Compact and appropriate na16 tional professional organizations, assist State and 

17 local governments with credentialing the personnel 

18 of the State or local government under the guidance 

19 provided under paragraph (1). 

20 ‘‘(g) GRANTS.—The Secretary may make grants to 

21 State and local governments, emergency response pro22 viders, and organizations that represent them. 

23 ‘‘(h) REPORT.—Not later than 6 months after the 

24 date of enactment of the Post Katrina Emergency Man25 agement Reform Act of 2006 and annually thereafter, the 


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1 Administrator shall submit to the Committee on Home2 land Security and Governmental Affairs of the Senate and 

3 the Committee on Homeland Security of the House of 

4 Representatives a report describing the implementation of 

5 this section, including the number and level of qualifica6 tion of Federal personnel trained and ready to respond 

7 to an emergency or major disaster. 

8 ‘‘SEC. 532. TYPING OF RESOURCES. 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘typed’ means an asset or re11 source that has been evaluated for a specific func12 tion under the guidelines created under this section; 

13 and 

14 ‘‘(2) the term ‘typing’ means to define in detail 

15 the minimum capabilities of an asset or resource. 

16 ‘‘(b) REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The Administrator, shall 

18 enter into a memorandum of understanding to col19 laborate with the State and local governments, emer20 gency response providers, and organizations that 

21 represent them, to establish in consultation with the 

22 Administration, nationwide standards for typing of 

23 resources commonly or likely to be used in respond24 ing to an emergency or major disaster. 


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1 ‘‘(2) CONTENTS.—The standards developed 

2 under paragraph (1) shall— 

3 ‘‘(A) be applicable to Federal, State, and 

4 local government; and 

5 ‘‘(B) be compatible with the National Inci6 dent Management System. 

7 ‘‘(c) TYPING OF DEPARTMENT RESOURCES AND AS8 SETS.—Not later than 1 year after the date of enactment 

9 of the Post Katrina Emergency Management Reform Act 

10 of 2006, the Secretary shall ensure that all resources and 

11 assets of the Department that are commonly or likely to 

12 be used to respond to an emergency or major disaster are 

13 typed. 

14 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

15 PLAN.— 

16 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

17 than 6 months after the date of enactment of the 

18 Post Katrina Emergency Management Reform Act 

19 of 2006, the Administrator shall provide the stand20 ards developed under subsection (b) to all Federal 

21 agencies that have responsibilities under the Na22 tional Response Plan. 

23 ‘‘(2) TYPING OF AGENCIES, ASSETS AND RE24 SOURCES.—Not later than 180 days after the date 

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1 graph (1), each agency described in paragraph (1) 

2 shall— 

3 ‘‘(A) ensure that all resources and assets 

4 (including teams, equipment, and other assets) 

5 of that agency that are commonly or likely to 

6 be used to respond to an emergency or major 

7 disaster are typed; and 

8 ‘‘(B) submit to the Secretary a list of all 

9 types resources and assets. 

10 ‘‘(3) LEADERSHIP.—The Administrator shall 

11 provide leadership, guidance, and technical assist12 ance to an agency described in paragraph (1) to fa13 cilitate the typing process of that agency. 

14 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 

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

16 the date of enactment of the Post Katrina Emer17 gency Management Reform Act of 2006, the Admin18 istrator shall establish and maintain a documenta19 tion and database system of Federal resources and 

20 assets commonly or likely to be used to respond to 

21 an emergency or major disaster. 

22 ‘‘(2) ACCESSIBILITY.—The documentation and 

23 database system established under paragraph (1) 

24 shall be accessible to the Federal coordinating officer 


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1 and other appropriate officials preparing for or re2 sponding to an emergency or major disaster. 

3 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN4 MENTS.—Not later than 6 months after the date of enact5 ment of the Post Katrina Emergency Management Re6 form Act of 2006, the Administrator in collaboration with 

7 State and local governments, emergency response pro8 viders, and the organizations that represent them, shall— 

9 ‘‘(1) provide detailed written guidance, assist10 ance, and expertise to State and local governments 

11 to facilitate the typing of the resources and assets 

12 of State and local governments likely to be used in 

13 responding to an emergency or major disaster; and 

14 ‘‘(2) assist State and local governments with 

15 typing resources and assets of State or local govern16 ments under the guidance provided under paragraph 

17 (1). 

18 ‘‘(g) GRANTS.—The Secretary may make grants to 

19 State and local governments, emergency response pro20 viders, and the organizations that represent them, to de21 velop and maintain a database of typed resources of State 

22 and local governments. 

23 ‘‘(h) REPORT.—Not later than 6 months after the 

24 date of enactment of the Post Katrina Emergency Man25 agement Reform Act of 2006 and annually thereafter, the 


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1 Administrator shall submit to the Committee on Home2 land Security and Governmental Affairs of the Senate and 

3 the Committee on Homeland Security of the House of 

4 Representatives a report describing the implementation of 

5 this section, including the number and type of Federal re6 sources and assets ready to respond to an emergency or 

7 major disaster. 

8 ‘‘SEC. 533. PROVIDING SECURE ACCESS TO CRITICAL IN9 FRASTRUCTURE. 

10 ‘‘Not later than 6 months after the date of enactment 

11 of the Post Katrina Emergency Management Reform Act 

12 of 2006, and in coordination with appropriate national 

13 professional organizations, Federal, State, and local gov14 ernment agencies, and private-sector and nongovern15 mental entities, the Administrator shall create model 

16 standards or guidelines that States may adopt in conjunc17 tion with critical infrastructure owners and operators and 

18 their employees to permit access to restricted areas in the 

19 event of an emergency or major disaster. 

20 ‘‘SEC. 534. IMPROVEMENTS TO INFORMATION TECH21 NOLOGY SYSTEMS. 

22 ‘‘(a) MEASURES TO IMPROVE INFORMATION TECH23 NOLOGY SYSTEMS.—The Administrator shall take appro24 priate measures to update and improve the information 


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1 technology systems of the Authority, including measures 

2 to— 

3 ‘‘(1) ensure that the multiple information tech4 nology systems of the Authority (including the Na5 tional Emergency Management Information System, 

6 the Logistics Information Management System III, 

7 and the Automated Deployment Database) are fully 

8 compatible and can share and access information 

9 from each other; 

10 ‘‘(2) ensure technology enhancements reach the 

11 headquarters and regional offices of the Authority in 

12 a timely fashion, to allow seamless integration; 

13 ‘‘(3) develop and maintain a testing environ14 ment that ensures that all system components are 

15 properly and thoroughly tested before their release; 

16 ‘‘(4) ensure that the information technology 

17 systems of the Authority have the capacity to track 

18 disaster response personnel, mission assignments 

19 task orders, commodities, and supplies used in re20 sponse to an emergency or major disaster; 

21 ‘‘(5) make appropriate improvements to the Na22 tional Emergency Management Information System 

23 to address current shortcomings; and 

24 ‘‘(6) provide training, manuals, and guidance 

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1 cluding disaster response personnel, to help ensure 

2 employees can properly use information technology 

3 systems. 

4 ‘‘(b) REPORT.—Not later than 270 days after the 

5 date of enactment of the Post Katrina Emergency Man6 agement Reform Act of 2006, the Administrator shall sub7 mit to the Committee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee on Home9 land Security of the House of Representatives a report de10 scribing the implementation of this section, including any 

11 actions taken, improvements made, any remaining prob12 lems and describing any additional funding needed to 

13 make necessary and appropriate improvements to the in14 formation technology systems of the Authority. 

15 ‘‘SEC. 535. HURRICANE AND TSUNAMI EVACUATION TECH16 NICAL ASSISTANCE. 

17 ‘‘(a) IN GENERAL.—The Administrator shall provide 

18 technical assistance to States and local governments that 

19 experience hurricanes, tsunamis or other severe weather 

20 events, including the preparation of hurricane evacuation 

21 studies and evacuation plans assessing current storm 

22 surge estimates, evacuation zones, evacuation clearance 

23 times, transportation capacity, and shelter capacity. 

24 ‘‘(b) PLAN AND SCHEDULE.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of the Post Katrina 

3 Emergency Management Reform Act of 2006, the 

4 Administrator shall— 

5 ‘‘(A) establish a plan and schedule for 

6 completing, maintaining, and periodically up7 dating evacuation studies carried out by the Ad8 ministrator to ensure that States and local gov9 ernments that experience hurricanes, tsunamis, 

10 or other severe weather events have current and 

11 complete information available to them for the 

12 preparation of their own evacuation plans; and 

13 ‘‘(B) include in the plan and schedule an14 nual maintenance and updates of existing hurri15 cane evacuation studies following each hurri16 cane season for those basins impacted by a hur17 ricane. 

18 ‘‘(2) PREVIOUSLY INITIATED STUDIES.—Any 

19 evacuation study initiated prior to the promulgation 

20 of a plan and schedule established under subsection 

21 (a) shall be completed not later than January 1, 

22 2008. 

23 ‘‘(c) ASSISTANCE AND GUIDELINES.—The Adminis24 trator shall develop guidelines for the preparation of, and 

25 assist each State that is eligible for assistance under this 


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1 section in producing a State pre-storm evacuation and 

2 shelter plan which shall address the following: 

3 ‘‘(1) Information, guidance, and data contained 

4 in current hurricane evacuation studies and other 

5 models or projections of current storm surge esti6 mates, evacuation zones, evacuation clearance times, 

7 transportation capacity, and shelter capacity. 

8 ‘‘(2) Guidance regarding storm surge and evac9 uation-related estimates projections provided by the 

10 National Weather Service or the National Oceanic 

11 and Atmospheric Administration. 

12 ‘‘(3) State planning assumptions, procedures 

13 and guidelines for pre-storm evacuation-decision 

14 making and sheltering based on current hurricane 

15 evacuation studies and published guidance by the 

16 Authority. 

17 ‘‘(4) Transportation and shelter capabilities or 

18 resources that will be available and used by the 

19 State and by each county, parish or municipality to 

20 implement the State pre-storm evacuation and shel21 ter plan. 

22 ‘‘(5) Estimated costs for the State and for each 

23 county or parish to provide pre-storm evacuation 

24 and sheltering based on historical data, current cost 


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1 estimates developed by the State Comptroller that 

2 are updated after each hurricane season. 

3 ‘‘(6) Document limitations on State, county, 

4 parish, or city resources or capability to provide for 

5 pre-storm evacuation and shelter and the planning 

6 assumptions of the State regarding the need for 

7 Federal assistance to compensate for such limita8 tions. 

9 ‘‘(d) REPORT TO CONGRESS.—Not later than 1 year 

10 after the date of enactment of the Post Katrina Emer11 gency Management Reform Act of 2006, and annually 

12 thereafter, the Administrator shall report to the Com13 mittee on Homeland Security and Governmental Affairs 

14 and the Committee on Appropriations of the Senate and 

15 the Committee on Homeland Security and the Committee 

16 on Appropriations of the House of Representatives on the 

17 actions taken by the Administrator to carry out the provi18 sions of this section, including the status of evacuation 

19 studies, State evacuation and shelter plans, and the incor20 poration of lessons learned from post-storm assessments.’’; 

21 and 

22 (8) by inserting after section 541 (as redesig23 nated by paragraph (6) of this subsection) the fol24 lowing: 


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1 ‘‘Subtitle B—Emergency 

2 Communications 

3 ‘‘SEC. 551. DEFINITIONS. 

4 ‘‘In this subtitle— 

5 ‘‘(1) the term ‘eligible region’ means— 

6 ‘‘(A) 2 or more contiguous incorporated 

7 municipalities, counties, parishes, Indian tribes 

8 or other general purpose jurisdictions that— 

9 ‘‘(i) have joined together to enhance 

10 emergency communications capabilities or 

11 communications interoperability between 

12 emergency response providers in those ju13 risdictions and with State and Federal offi14 cials; and 

15 ‘‘(ii) includes the largest city in any 

16 metropolitan statistical area, as defined by 

17 the Office of Management and Budget; or 

18 ‘‘(B) any other area the Secretary deter19 mines to be consistent with the definition of a 

20 region in the national preparedness guidance 

21 issued under Homeland Security Presidential 

22 Directive 8; 

23 ‘‘(2) the term ‘National Emergency Commu24 nications Strategy’ means the strategy established 

25 under section 553; and 


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1 ‘‘(3) the term ‘Office of Emergency Commu2 nications’ means the office established under section 

3 552. 

4 ‘‘SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS. 

5 ‘‘(a) IN GENERAL.—There is established in the Au6 thority an Office of Emergency Communications. 

7 ‘‘(b) DIRECTOR.—The head of the Office of Emer8 gency Communications shall be the Director for Emer9 gency Communications. The Director shall report to the 

10 Assistant Secretary for Cybersecurity and Telecommuni11 cations. 

12 ‘‘(c) RESPONSIBILITIES.—The Director for Emer13 gency Communications shall— 

14 ‘‘(1) assist the Secretary in developing and im15 plementing the program described in section 

16 7303(a)(1) of the Intelligence Reform and Terrorism 

17 Prevention Act of 2004 (6 U.S.C. 194(a)(1)); 

18 ‘‘(2) carry out the responsibilities and authori19 ties of the Department relating to the development 

20 and implementation of a strategy to achieve commu21 nications interoperability and emergency communica22 tions capabilities and promulgating grant guidance 

23 for that purpose; 

24 ‘‘(3) carry out the responsibilities under section 

25 541; 


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1 ‘‘(4) conduct extensive, nationwide outreach and 

2 foster the development of emergency communica3 tions capabilities and interoperable communications 

4 systems by State and local governments and public 

5 safety agencies, and by regional consortia thereof, 

6 by— 

7 ‘‘(A) developing, updating, and imple8 menting a national strategy to achieve emer9 gency communications capabilities, with goals 

10 and timetables; 

11 ‘‘(B) developing, updating, and imple12 menting a national strategy to achieve commu13 nications interoperability, with goals and time14 tables; 

15 ‘‘(C) developing a national architecture, 

16 which defines the components of an interoper17 able system and how the components are con18 structed; 

19 ‘‘(D) establishing and maintaining a task 

20 force that represents the broad customer base 

21 of public safety agencies of State and local gov22 ernments, and Federal agencies, involved in 

23 public safety disciplines such as law enforce24 ment, firefighting, emergency medical services, 

25 public health, and disaster recovery, in order to 


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1 receive input and coordinate efforts to achieve 

2 emergency communications capabilities and 

3 communications interoperability; 

4 ‘‘(E) working with the Office of Grants 

5 and Training Interoperable Communications 

6 Technical Assistance Program to provide tech7 nical assistance to State and local government 

8 officials and the Regional Advisory Councils es9 tablished under section 513; 

10 ‘‘(F) promoting a greater understanding of 

11 the importance of emergency communications 

12 capabilities, communications interoperability, 

13 and the benefits of sharing resources among all 

14 levels of Federal, State, and local government; 

15 ‘‘(G) promoting development of standard 

16 operating procedures for incident response and 

17 facilitating the sharing of information on best 

18 practices (including from governments abroad) 

19 for achieving emergency communications capa20 bilities and communications interoperability; 

21 ‘‘(H) making recommendations to Con22 gress about any changes in Federal law nec23 essary to remove barriers to achieving emer24 gency communications capabilities and commu25 nications interoperability; 


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1 ‘‘(I) funding and conducting pilot pro2 grams, as necessary, in order to— 

3 ‘‘(i) evaluate and validate technology 

4 concepts in real-world environments to 

5 achieve emergency communications capa6 bilities and communications interoper7 ability; 

8 ‘‘(ii) encourage more efficient use of 

9 resources, including equipment and spec10 trum; and 

11 ‘‘(iii) test and deploy public safety 

12 communications systems that are less 

13 prone to failure, support nonvoice services, 

14 consume less spectrum, and cost less; 

15 ‘‘(J) liaisoning with the private sector to 

16 develop solutions to improve emergency commu17 nications capabilities and achieve communica18 tions interoperability; 

19 ‘‘(K) using modeling and simulation for 

20 training exercises and command and control 

21 functions at the operational level; and 

22 ‘‘(L) performing other functions necessary 

23 to improve emergency communications capabili24 ties and achieve communications interoper25 ability; 


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1 ‘‘(5) administer the responsibilities and authori2 ties of the Department relating to the Integrated 

3 Wireless Network Program; 

4 ‘‘(6) administer the National Communications 

5 System of the Department under the Preparedness 

6 Directorate; 

7 ‘‘(7) administer responsibilities and authorities 

8 of the Department related to the Emergency Alert 

9 System and the Integrated Public Alert and Warn10 ing System of the Federal Emergency Management 

11 Agency; 

12 ‘‘(8) administer the responsibilities and authori13 ties of the Office of Interoperability and Compat14 ibility; 

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

16 response capability with initial and ongoing plan17 ning, implementation, and training for the deploy18 ment of backup communications services in the 

19 event of a catastrophic loss of local and regional 

20 emergency communications services; 

21 ‘‘(10) assist the President, the National Secu22 rity Council, the Homeland Security Council, the Di23 rector of the Office of Science and Technology Pol24 icy, and the Director of the Office of Management 

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1 communications functions and responsibilities of the 

2 Federal Government; 

3 ‘‘(11) review, in consultation with the Assistant 

4 Secretary for Grants and Training, all interoperable 

5 emergency communications plans of Federal, State, 

6 and local governments, including Statewide and tac7 tical interoperability plans; and 

8 ‘‘(12) through the National Communications 

9 System, create an interactive database that contains 

10 an inventory of emergency communications assets 

11 maintained by the Federal Government and where 

12 appropriate, State and local governments and the 

13 private sector, that— 

14 ‘‘(A) can be deployed rapidly following a 

15 natural or man-made disaster to assist emer16 gency response providers and State and local 

17 governments; and 

18 ‘‘(B) includes land mobile radio systems, 

19 satellite phones, portable infrastructure equip20 ment, backup power system equipment, and 

21 other appropriate equipment and systems. 

22 ‘‘SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS 

23 STRATEGY. 

24 ‘‘(a) IN GENERAL.—Not later than 180 days after 

25 the completion of the baseline assessment under section 


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1 554, and in cooperation with State and local governments, 

2 Federal departments and agencies, emergency response 

3 providers, and the private sector, the Secretary, acting 

4 through the Director for Emergency Communications, 

5 shall develop a National Emergency Communications 

6 Strategy to achieve emergency communications capabili7 ties and interoperable emergency communications. 

8 ‘‘(b) CONTENTS.—The National Emergency Commu9 nication Strategy shall— 

10 ‘‘(1) include, in consultation with the National 

11 Institute of Standards and Technology, a process for 

12 expediting national voluntary consensus-based emer13 gency communications equipment standards for the 

14 purchase and use by public safety agencies of inter15 operable emergency communications equipment and 

16 technologies; 

17 ‘‘(2) identify the appropriate emergency com18 munications capabilities and communications inter19 operability necessary for Federal, State, and local 

20 governments to operate during natural and man21 made disasters. 

22 ‘‘(3) address both short-term and long-term so23 lutions to achieving Federal, State, and local emer24 gency communications capabilities and interoperable 

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1 sion of commercially available equipment that facili2 tates operability, interoperability, coordination, and 

3 integration among emergency communications sys4 tems; 

5 ‘‘(4) identify how Federal Government depart6 ments and agencies that respond to natural or man7 made disasters can work effectively with State and 

8 local governments, in all States, and with such other 

9 entities as are necessary to implement the strategy; 

10 ‘‘(5) include measures to identify and overcome 

11 all obstacles to achieving interoperable emergency 

12 communications; 

13 ‘‘(6) set goals and establish timetables for the 

14 development of an emergency, command-level com15 munication system based on equipment available 

16 across the United States and a nationwide interoper17 able emergency communications system; 

18 ‘‘(7) identify appropriate and reasonable meas19 ures public safety agencies should employ to ensure 

20 that their network infrastructure maintains oper21 ability during a natural or man-made disaster; 

22 ‘‘(8) include education of State and local emer23 gency response personnel about the availability of 

24 backup emergency communications assets and their 


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1 importance in planning for natural and man-made 

2 disasters; and 

3 ‘‘(9) identify, in consultation with the Federal 

4 Communications Commission, measures States and 

5 localities should employ to ensure operability of 911, 

6 E911 and public safety answering points during nat7 ural and man-made disasters. 

8 ‘‘SEC. 554. ASSESSMENTS AND REPORTS. 

9 ‘‘(a) BASELINE OPERABILITY AND INTEROPER10 ABILITY ASSESSMENT.—Not later than June 1, 2000, and 

11 periodically thereafter, but not less frequently than every 

12 5 years, the Secretary, acting through the Director for 

13 Emergency Communications, shall conduct an assessment 

14 of Federal, State, and local governments to— 

15 ‘‘(1) define the range of emergency communica16 tions capabilities and communications interoper17 ability needed for specific events; 

18 ‘‘(2) assess the capabilities to meet such com19 munications needs; 

20 ‘‘(3) determine the degree to which necessary 

21 emergency communications capabilities and commu22 nications interoperability have been achieved; 

23 ‘‘(4) ascertain the needs that remain for com24 munications interoperability to be achieved; 


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1 ‘‘(5) assess the ability of communities to pro2 vide and maintain emergency communications capa3 bilities and communications interoperability among 

4 emergency response providers, and government offi5 cials in the event of a natural or man-made disaster, 

6 including when there is substantial damage to ordi7 nary communications infrastructure or a sustained 

8 loss of electricity; 

9 ‘‘(6) include a national interoperable emergency 

10 communication inventory that— 

11 ‘‘(A) identifies for each Federal depart12 ment and agency— 

13 ‘‘(i) the channels and frequencies 

14 used; 

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

16 each channel or frequency used; and 

17 ‘‘(iii) the types of communications 

18 system and equipment used; 

19 ‘‘(B) identifies the interoperable emergency 

20 communication systems in use for public safety 

21 systems in the United States; and 

22 ‘‘(C) provides a listing of public safety mu23 tual aid channels in operation and their ability 

24 to connect to an interoperable emergency com25 munications system; 


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1 ‘‘(7) compile a list of best practices among com2 munities for providing and maintaining emergency 

3 communications capabilities and communications 

4 interoperability in the event of a natural or man5 made disaster; and 

6 ‘‘(8) evaluate the feasibility and desirability of 

7 the Department developing, on its own or in con8 junction with the Department of Defense, a mobile 

9 communications capability, modeled on the Army 

10 Signal Corps, that could be deployed to support 

11 emergency communications at the site of acts of ter12 rorism, natural disasters, or other emergencies. 

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

14 the date of enactment of the Post Katrina Emergency 

15 Management Reform Act of 2006, and annually thereafter 

16 until the date that is 10 years after such date, the Sec17 retary, acting through the Director for Emergency Com18 munications, shall submit to the Committee on Homeland 

19 Security and Governmental Affairs of the Senate and the 

20 Committee on Homeland Security of the House of Rep21 resentatives a report on the progress of the Department 

22 in implementing and achieving the goals of this subtitle, 

23 including a description of the findings of the most recent 

24 nationwide assessment conducted under subsection (a). 


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1 ‘‘SEC. 555. COORDINATION OF FEDERAL EMERGENCY COM2 MUNICATIONS GRANT PROGRAMS. 

3 ‘‘(a) ASSESSMENT OF GRANTS AND STANDARDS PRO4 GRAMS.—The Secretary, acting through the Director for 

5 Emergency Communications, in coordination with other 

6 Federal departments and agencies, shall review Federal 

7 emergency communications grants and standards pro8 grams across the Federal government to— 

9 ‘‘(1) integrate and coordinate Federal grant 

10 guidelines for the use of Federal assistance relating 

11 to interoperable emergency communications and 

12 emergency communications capabilities; 

13 ‘‘(2) assess and make recommendations to en14 sure that such guidelines are consistent across the 

15 Federal Government; and 

16 ‘‘(3) assess and make recommendations to en17 sure conformity with the goals and objectives identi18 fied in the National Emergency Communications 

19 Strategy. 

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

21 ‘‘(1) IN GENERAL.—The Secretary may prohibit 

22 any State or local government from using Federal 

23 homeland security assistance administered by the 

24 Department to achieve, maintain, or enhance inter25 operable emergency communications capabilities if— 


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1 ‘‘(A) such government has not complied 

2 with the requirement to submit a Statewide 

3 Interoperable Communications Plan under sec4 tion 7303(f) of the Intelligence Reform and 

5 Terrorism Prevention Act of 2004 (6 U.S.C. 

6 194(f)); 

7 ‘‘(B) the State or local government has not 

8 taken adequate steps to maintain operability of 

9 network infrastructure during a natural or 

10 man-made disaster; or 

11 ‘‘(C) a grant request does not comply with 

12 interoperable communications equipment stand13 ards after those standards have been developed 

14 through a voluntary consensus-based process or 

15 are promulgated pursuant to the authority 

16 under paragraph (2). 

17 ‘‘(2) STANDARDS.—If the Secretary determines 

18 that inadequate progress is being made on the com19 pletion of voluntary consensus-based interoperable 

20 communications equipment standards, the Secretary 

21 may promulgate such standards and include them in 

22 interoperable communications grant guidance. 


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1 ‘‘SEC. 556. EMERGENCY COMMUNICATIONS INTEROPER2 ABILITY RESEARCH AND DEVELOPMENT. 

3 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

4 comprehensive research and development program to pro5 mote emergency communications capabilities and commu6 nications interoperability among emergency response pro7 viders, including by— 

8 ‘‘(1) promoting research on a competitive basis 

9 through the Directorate of Science and Technology 

10 Homeland Security Advanced Research Projects 

11 Agency; and 

12 ‘‘(2) establishing a Center of Excellence under 

13 the Department of Homeland Security Centers of 

14 Excellence Program, using a competitive process, fo15 cused on enhancing information and communications 

16 systems for emergency response providers. 

17 ‘‘(b) PURPOSES.—The purposes of the program es18 tablished under subsection (a) include— 

19 ‘‘(1) understanding the strengths and weak20 nesses of the diverse public safety communications 

21 systems currently in use; 

22 ‘‘(2) examining how current and emerging tech23 nology can make public safety organizations more ef24 fective, and how Federal, State, and local govern25 ment agencies can use this technology in a coherent 

26 and cost-effective manner; 


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1 ‘‘(3) exploring Federal, State, and local govern2 ment policies that shall move systematically towards 

3 long-term solutions; 

4 ‘‘(4) evaluating and validating technology con5 cepts, and promoting the deployment of advanced 

6 public safety information technologies for emergency 

7 communications capabilities and communications 

8 interoperability; and 

9 ‘‘(5) advancing the creation of a national strat10 egy to enhance emergency communications capabili11 ties, promote interoperability and efficient use of 

12 spectrum in communications systems, improve infor13 mation sharing across organizations, and use ad14 vanced information technology to increase the effec15 tiveness of first responders in valuable new ways. 

16 ‘‘SEC. 557. EMERGENCY COMMUNICATIONS PILOT 

17 PROJECTS. 

18 ‘‘(a) ESTABLISHMENT.— 

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

20 the date of enactment of the Post Katrina Emer21 gency Management Reform Act of 2006, the Sec22 retary shall establish not fewer than 2 pilot projects 

23 to develop and evaluate strategies and technologies 

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1 ability among emergency response providers and 

2 government officials in the event of a natural or 

3 man-made disaster in which there is significant dam4 age to, or destruction of, critical infrastructure, in5 cluding substantial loss of ordinary telecommuni6 cations infrastructure and sustained loss of elec7 tricity. 

8 ‘‘(2) INTEROPERABLE DATA COMMUNICA9 TIONS.—At least 1 pilot project under this section 

10 shall involve the development of interoperable data 

11 communications, including medical and victim infor12 mation, so that this information can be shared 

13 among responders, as needed, at all levels of govern14 ment. 

15 ‘‘(b) SELECTION CRITERIA.—In selecting areas for 

16 the location of the pilot projects under this section, the 

17 Secretary shall consider— 

18 ‘‘(1) the risk to the area from a large-scale ter19 rorist attack or natural disaster; 

20 ‘‘(2) the number of potential victims from a 

21 large-scale terrorist attack or natural disaster in the 

22 area; 

23 ‘‘(3) the capabilities of the emergency commu24 nications systems of the area and capabilities for the 


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1 development of modeling and simulation training 

2 and command and control functions; and 

3 ‘‘(4) such other criteria as the Secretary may 

4 determine appropriate. 

5 ‘‘SEC. 558. EMERGENCY COMMUNICATIONS AND INTER6 OPERABILITY GRANTS. 

7 ‘‘(a) IN GENERAL.—The Secretary, through the Of8 fice of the Grants and Training, shall make grants to 

9 States and eligible regions for initiatives necessary to im10 prove emergency communications capabilities and to 

11 achieve short-term or long-term solutions to statewide, re12 gional, national, and, where appropriate, international 

13 interoperability. 

14 ‘‘(b) USE OF GRANT FUNDS.—Grants awarded under 

15 subsection (a) may be used for initiatives to achieve short16 term or long-term solutions for emergency communica17 tions capabilities and communications interoperability 

18 within the State or region and to assist with any aspect 

19 of the communication life cycle, including— 

20 ‘‘(1) statewide or regional communications 

21 planning; 

22 ‘‘(2) system design and engineering; 

23 ‘‘(3) procurement and installation of equipment; 

24 ‘‘(4) exercises; 


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1 ‘‘(5) modeling and simulation exercises for 

2 operational command and control functions; 

3 ‘‘(6) other activities determined by the Sec4 retary to be integral to the achievement of emer5 gency communications capabilities and communica6 tions interoperability; and 

7 ‘‘(7) technical assistance and training. 

8 ‘‘(c) COORDINATION.—The Secretary shall ensure 

9 that the Office of Grants and Training coordinates its ac10 tivities with the Office of Emergency Communications, the 

11 Directorate of Science and Technology and other Federal 

12 entities so that grants awarded under this section, and 

13 other grant programs related to homeland security, fulfill 

14 the purposes of this section and facilitate the achievement 

15 of emergency communications capabilities and commu16 nications interoperability consistent with the national 

17 strategy. 

18 ‘‘(d) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—A State or eligible region 

20 desiring a grant under this section shall submit an 

21 application at such time, in such manner, and ac22 companied by such information as the Secretary may 

23 reasonably require. 


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1 ‘‘(2) MINIMUM CONTENTS.—At a minimum, 

2 each application submitted under paragraph (1) 

3 shall— 

4 ‘‘(A) identify the critical aspects of the 

5 communications life cycle, including planning, 

6 system design and engineering, procurement 

7 and installation, and training for which funding 

8 is requested; 

9 ‘‘(B) describe how— 

10 ‘‘(i) the proposed use of funds would 

11 be consistent with and address the goals in 

12 any applicable State homeland security 

13 plan, and, unless the Secretary determines 

14 otherwise, are consistent with the national 

15 strategy and architecture; and 

16 ‘‘(ii) the applicant intends to spend 

17 funds under the grant, to administer such 

18 funds, and to allocate such funds among 

19 any participating local governments; and 

20 ‘‘(C) be consistent with the Interoperable 

21 Communications Plan required by section 

22 7303(f) of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (6 U.S.C. 

24 194(f)). 

25 ‘‘(e) STATE REVIEW AND SUBMISSION.— 


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1 ‘‘(1) IN GENERAL.—To ensure consistency with 

2 State homeland security plans, an eligible region ap3 plying for a grant under this section shall submit its 

4 application to each State within which any part of 

5 the eligible region is located for review before sub6 mission of such application to the Secretary. 

7 ‘‘(2) DEADLINE.—Not later than 30 days after 

8 receiving an application from an eligible region 

9 under paragraph (1), each such State shall transmit 

10 the application to the Secretary. 

11 ‘‘(3) STATE DISAGREEMENT.—If the Governor 

12 of any such State determines that a regional appli13 cation is inconsistent with the State homeland secu14 rity plan of that State, or otherwise does not sup15 port the application, the Governor shall— 

16 ‘‘(A) notify the Secretary in writing of that 

17 fact; and 

18 ‘‘(B) provide an explanation of the reasons 

19 for not supporting the application at the time 

20 of transmission of the application. 

21 ‘‘(f) AWARD OF GRANTS.— 

22 ‘‘(1) CONSIDERATIONS.—In approving applica23 tions and awarding grants under this section, the 

24 Secretary shall consider— 


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1 ‘‘(A) the nature of the threat to the State 

2 or eligible region from natural or man-made 

3 disasters; 

4 ‘‘(B) the location, risk, or vulnerability of 

5 critical infrastructure and key national assets, 

6 including the consequences from damage to 

7 critical infrastructure in nearby jurisdictions as 

8 a result of a natural or man-made disaster; 

9 ‘‘(C) the size of the population, and the 

10 population density of the area, that will be 

11 served by the interoperable emergency commu12 nications systems, except that the Secretary 

13 shall not establish a minimum population re14 quirement that would disqualify from consider15 ation an area that otherwise faces significant 

16 threats, vulnerabilities, or consequences from a 

17 natural or man-made disaster; 

18 ‘‘(D) the extent to which grants will be 

19 used to implement emergency communications 

20 and interoperability solutions— 

21 ‘‘(i) consistent with the national strat22 egy and compatible with national infra23 structure and equipment standards; and 

24 ‘‘(ii) more efficient and cost effective 

25 than current approaches; 


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1 ‘‘(E) the number of jurisdictions within re2 gions participating in the development of emer3 gency communications capabilities and inter4 operable emergency communications systems, 

5 including the extent to which the application in6 cludes all incorporated municipalities, counties, 

7 parishes, and tribal governments within the 

8 State or eligible region, and their coordination 

9 with Federal and State agencies; 

10 ‘‘(F) the extent to which a grant would ex11 pedite the achievement of emergency commu12 nications capabilities and communications inter13 operability in the State or eligible region with 

14 Federal, State, and local government agencies; 

15 ‘‘(G) the extent to which a State or eligible 

16 region, given its financial capability, dem17 onstrates its commitment to expeditiously 

18 achieving emergency communications capabili19 ties and communications interoperability by 

20 supplementing Federal funds with non-Federal 

21 funds; 

22 ‘‘(H) whether the State or eligible region is 

23 on or near an international border; 


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1 ‘‘(I) whether the State or eligible region 

2 encompasses an economically significant border 

3 crossing; 

4 ‘‘(J) whether the State or eligible region 

5 has a coastline bordering an ocean or inter6 national waters; 

7 ‘‘(K) the extent to which geographic bar8 riers pose unusual obstacles to achieving emer9 gency communications capabilities or commu10 nications interoperability; 

11 ‘‘(L) the threats, vulnerabilities, and con12 sequences faced by the State or eligible region 

13 related to at-risk site or activities in nearby ju14 risdictions, including the need to respond to 

15 natural or man-made disasters arising in those 

16 jurisdictions; 

17 ‘‘(M) the need to achieve nationwide emer18 gency communications capabilities and commu19 nications interoperability, consistent with the 

20 national strategies; 

21 ‘‘(N) the extent to which the State has for22 mulated a State executive interoperability com23 mittee or conducted similar statewide planning 

24 efforts; and 


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1 ‘‘(O) such other factors as are specified by 

2 the Secretary in writing. 

3 ‘‘(2) REVIEW PANEL.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 establish a review panel under section 871(a) to 

6 assist in reviewing grant applications under this 

7 section. 

8 ‘‘(B) RECOMMENDATIONS.—The review 

9 panel established under subparagraph (A) shall 

10 make recommendations to the Secretary regard11 ing applications for grants under this section. 

12 ‘‘(C) MEMBERSHIP.—The review panel es13 tablished under subparagraph (A) shall include 

14 individuals with technical expertise in emer15 gency communications and communications 

16 interoperability and emergency response pro17 viders and other relevant State and local offi18 cials. 

19 ‘‘(3) AVAILABILITY OF FUNDS.—Any grant 

20 funds awarded that may be used to support emer21 gency communications capabilities or communica22 tions interoperability shall, as the Secretary may de23 termine, remain available for up to 3 years, con24 sistent with section 7303(e) of the Intelligence ReVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 form and Terrorism Prevention Act of 2004 (6 

2 U.S.C. 194(e)).’’. 

3 SEC. 102. CONFORMING AMENDMENTS RELATING TO IN4 TELLIGENCE REFORM. 

5 Section 7303(g) of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (6 U.S.C. 194(g)) is 

7 amended— 

8 (1) by striking paragraph (1) and inserting the 

9 following: 

10 ‘‘(1) INTEROPERABLE EMERGENCY COMMU11 NICATIONS SYSTEM AND COMMUNICATIONS INTER12 OPERABILITY.—The terms ‘interoperable emergency 

13 communications system’ and ‘communications inter14 operability’ mean the ability of emergency response 

15 providers and relevant Federal, State, and local gov16 ernment agencies to— 

17 ‘‘(A) communicate with each other as nec18 essary, using information technology systems 

19 and radio communications systems; and 

20 ‘‘(B) exchange voice, data, or video with 

21 each other on demand, in real time, as nec22 essary.’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(3) EMERGENCY COMMUNICATIONS CAPABILI25 TIES.—The term ‘emergency communications capaVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 bilities’ means the ability to provide and maintain, 

2 throughout an emergency response operation, a con3 tinuous flow of information among emergency re4 sponders, agencies, and government officials from 

5 multiple disciplines and jurisdictions and at all levels 

6 of government in the event of a natural disaster, ter7 rorist attack, or other large-scale or catastrophic 

8 emergency, including where there has been signifi9 cant damage to, or destruction of, critical infrastruc10 ture, substantial loss of ordinary telecommunications 

11 infrastructure, and sustained loss of electricity.’’. 

12 SEC. 103. COMMUNICATION SYSTEM GRANTS. 

13 (a) DEFINITIONS.—In this section— 

14 (1) the term ‘‘demonstration project’’ means a 

15 demonstration project established under subsection 

16 (b)(1); 

17 (2) the term ‘‘emergency response provider’’ 

18 has the meaning given that term in section 2(7) of 

19 the Homeland Security Act of 2002 (6 U.S.C. 

20 101(6)), as redesignated by this Act; and 

21 (3) the term ‘‘interoperable emergency commu22 nications system’’ has the meaning given that term 

23 in paragraph (10) of section 2 of the Homeland Se24 curity Act of 2002 (6 U.S.C. 101), as amended by 

25 this Act. 


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1 (b) IN GENERAL.— 

2 (1) ESTABLISHMENT.—There is established in 

3 the Department an ‘‘International Border Commu4 nity Interoperable Communications Demonstration 

5 Project’’. 

6 (2) MINIMUM NUMBER OF COMMUNITIES.—The 

7 Secretary shall select not fewer than 6 communities 

8 to participate in a demonstration project. 

9 (3) LOCATION OF COMMUNITIES.—Not fewer 

10 than 3 of the communities selected under paragraph 

11 (2) shall be located on the northern border of the 

12 United States and not fewer than 3 of the commu13 nities selected under paragraph (2) shall be located 

14 on the southern border of the United States. 

15 (c) PROJECT REQUIREMENTS.—A demonstration 

16 project shall— 

17 (1) address the interoperable emergency com18 munications system needs of police officers, fire19 fighters, emergency medical technicians, National 

20 Guard, and other emergency response providers; 

21 (2) foster interoperable emergency communica22 tions systems— 

23 (A) among Federal, State, local, and tribal 

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1 volved in preventing or responding to terrorist 

2 attacks or other catastrophic events; and 

3 (B) with similar agencies in Canada or 

4 Mexico; 

5 (3) identify common international cross-border 

6 frequencies for communications equipment, including 

7 radio or computer messaging equipment; 

8 (4) foster the standardization of equipment for 

9 interoperable emergency communications systems; 

10 (5) identify solutions that will facilitate commu11 nications interoperability across national borders ex12 peditiously; 

13 (6) ensure that emergency response providers 

14 can communicate with each other and the public at 

15 disaster sites or in the event of a terrorist attack or 

16 other catastrophic event; 

17 (7) provide training and equipment to enable 

18 emergency response providers to deal with threats 

19 and contingencies in a variety of environments; and 

20 (8) identify and secure appropriate joint-use 

21 equipment to ensure communications access. 

22 (d) DISTRIBUTION OF FUNDS.— 

23 (1) IN GENERAL.—The Secretary shall dis24 tribute funds under this section to each community 

25 participating in a demonstration project through the 


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1 State, or States, in which each community is lo2 cated. 

3 (2) OTHER PARTICIPANTS.—Not later than 60 

4 days after receiving funds under paragraph (1), a 

5 State receiving funds under this section shall make 

6 the funds available to the local governments and 

7 emergency response providers selected by the Sec8 retary to participate in a demonstration project. 

9 (e) REPORTING.—Not later than December 31, 2007, 

10 and each year thereafter in which funds are appropriated 

11 for a demonstration project, the Secretary shall submit to 

12 the Committee on Homeland Security and Governmental 

13 Affairs of the Senate and the Committee on Homeland 

14 Security of the House of Representatives a report on the 

15 demonstration projects. 

16 SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) EXECUTIVE SCHEDULE.— 

18 (1) ADMINISTRATOR.—Section 5313 of title 5, 

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘Administrator of the United States Emergency 

22 Management Authority.’’. 

23 (2) DIRECTORS.—Section 5314 of title 5, 

24 United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘Directors, United States Emergency Manage2 ment Authority.’’. 

3 (3) FEMA OFFICERS.— 

4 (A) FEDERAL INSURANCE ADMINIS5 TRATOR.—Section 5315 of title 5, United 

6 States Code, is amended by striking ‘‘Federal 

7 Insurance Administrator, Federal Emergency 

8 Management Agency.’’ and inserting ‘‘Insur9 ance Administrator, United States Emergency 

10 Management Agency.’’. 

11 (B) INSPECTOR GENERAL.—Section 5315 

12 of title 5, United States Code, is amended by 

13 striking ‘‘Inspector General, Federal Emer14 gency Management Agency.’’ and inserting ‘‘In15 spector General, United States Emergency 

16 Management Agency.’’. 

17 (C) CHIEF INFORMATION OFFICER.—Sec18 tion 5315 of title 5, United States Code, is 

19 amended by striking ‘‘Chief Information Offi20 cer, Federal Emergency Management Agency.’’ 

21 and inserting ‘‘Chief Information Officer, 

22 United States Emergency Management Agen23 cy.’’. 


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1 (b) OFFICERS OF THE DEPARTMENT.—Section 

2 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 

3 113(a)) is amended— 

4 (1) by striking paragraph (5) and inserting the 

5 following: 

6 ‘‘(5) An Administrator of the United States 

7 Emergency Management Authority.’’; 

8 (2) by striking paragraph (2); and 

9 (3) by redesignating paragraphs (3) through 

10 (10) (as amended by this subsection) as paragraphs 

11 (2) through (9), respectively. 

12 (c) REFERENCES.—Any reference to the Federal 

13 Emergency Management Agency, or the Director thereof, 

14 in any law, rule, regulation, certificate, directive, instruc15 tion, or other official paper in force on the effective date 

16 of this title shall be considered to refer and apply to the 

17 United States Emergency Management Authority and the 

18 Administrator thereof, respectively. 

19 (d) TABLE OF CONTENTS.—The table of contents in 

20 section 1(b) of the Homeland Security Act of 2002 (6 

21 U.S.C. 101 et seq.) is amended by striking the items relat22 ing to title V and sections 501 through 509 and inserting 

23 the following: 

‘‘TITLE V—NATIONAL PREPAREDNESS AND RESPONSE 

‘‘Sec. 501. Definitions 

‘‘Subtitle A—Preparedness and Response 


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‘‘Sec. 511. Definitions 

‘‘Sec. 512. United States Emergency Management Authority 

‘‘Sec. 513. Authorities and responsibilities 

‘‘Sec. 514. Authority components 

‘‘Sec. 515. Preserving the United States Emergency Management Authority 

‘‘Sec. 516. Directors 

‘‘Sec. 517. Regional Offices 

‘‘Sec. 518. National Advisory Council on Preparedness and Response 

‘‘Sec. 519. National Incident Management System Integration Center 

‘‘Sec. 520. National Operations Center 

‘‘Sec. 521. Chief Medical Officer 

‘‘Sec. 522. Public and community preparedness 

‘‘Sec. 523. Basic life supporting first aid education for children 

‘‘Sec. 524. SAVER Program 

‘‘Sec. 525. National Search and Rescue Response System 

‘‘Sec. 526. Metropolitan Medical Response System 

‘‘Sec. 527. National Infrastructure Simulation and Analysis Center 

‘‘Sec. 528. Emergency Management Assistance Compact authorization 

‘‘Sec. 529. Office for the Prevention of Terrorism 

‘‘Sec. 530. Department officials 

‘‘Sec. 531. Credentialing 

‘‘Sec. 532. Typing of resources 

‘‘Sec. 533. Providing secure access to critical infrastructure 

‘‘Sec. 534. Improvements to information technology systems 

‘‘Sec. 535. Hurricane and tsunami evacuation technical assistance 

‘‘Sec. 536. Nuclear incident response 

‘‘Sec. 537. Conduct of certain public health-related activities 

‘‘Sec. 538. Use of national private sector networks in emergency response 

‘‘Sec. 539. Use of commercially available technology, goods, and services 

‘‘Sec. 540. Procurement of security countermeasures for strategic national 

stockpile 

‘‘Sec. 541. Urban and other high risk area communications capabilities 

‘‘Subtitle B—Emergency Communications 

‘‘Sec. 551. Definitions 

‘‘Sec. 552. Office of Emergency Communications 

‘‘Sec. 553. National Emergency Communications Strategy 

‘‘Sec. 554. Assessments and reports 

‘‘Sec. 555. Coordination of Federal emergency communications grant programs 

‘‘Sec. 556. Emergency communications interoperability research and development 

‘‘Sec. 557. Emergency communications pilot projects 

‘‘Sec. 558. Emergency communications and interoperability grants’’. 


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1 TITLE II—STAFFORD ACT 

2 AMENDMENTS 

3 SEC. 201. GENERAL FEDERAL ASSISTANCE. 

4 Section 402 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5170a) is 

6 amended— 

7 (1) by striking ‘‘In any major disaster, the 

8 President’’ and inserting the following: 

9 ‘‘(a) IN GENERAL.—In any major disaster, the Presi10 dent’’; 

11 (2) in subsection (a)(1), as so designated by 

12 this section, by striking ‘‘efforts’’ and inserting ‘‘re13 sponse or recovery efforts, including precautionary 

14 evacuations’’; 

15 (3) in subsection (a)(2), as so designated by 

16 this section, by striking the semicolon and inserting 

17 ‘‘, including precautionary evacuations;’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(5) provide accelerated Federal assistance and 

20 Federal support where necessary to save lives, pre21 vent human suffering, or mitigate severe damage, 

22 which may be provided in the absence of a specific 

23 request and in which case the President— 


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1 ‘‘(A) shall, to the extent practicable, notify 

2 and coordinate with a State in which such as3 sistance or support is provided; and 

4 ‘‘(B) shall not, in notifying and coordi5 nating with a State under subparagraph (A), 

6 delay or impede the rapid deployment, use, and 

7 distribution of critical resources to victims of a 

8 major disaster. 

9 ‘‘(b) RECOVERY EFFORTS.—In any major disaster, 

10 the President may assist State and local governments in 

11 short-term and long-term recovery from the consequences 

12 of a major disaster and coordinate any such federal assist13 ance provided by— 

14 ‘‘(1) identifying federal programs and agencies 

15 to support the implementation of short-term and 

16 long-term recovery efforts of State, regional, local, 

17 tribal governments; 

18 ‘‘(2) directing any Federal agency, with or 

19 without reimbursement to utilize its authorities and 

20 resources to— 

21 ‘‘(A) support State, and local governments, 

22 nongovernmental organizations, and the private 

23 sector by conducting a postdisaster assessment 

24 of social, economic, and environmental impacts; 

25 and 


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1 ‘‘(B) provide technical assistance, guid2 ance, and resources to State and local govern3 ments to undertake long-term recovery activi4 ties; 

5 ‘‘(3) creating a plan that clearly outlines the 

6 roles, responsibilities, and shared activities of each 

7 Federal department and agency involved in long8 term recovery activities; 

9 ‘‘(4) coordinating long-term recovery activities 

10 and mitigation provided by all Federal agencies, 

11 nongovernmental organizations, the private sector, 

12 and State and local governments; and 

13 ‘‘(5) providing technical assistance and other 

14 advice to State and local governments affected by 

15 the major disaster to— 

16 ‘‘(A) assess social, economic, and environ17 mental impacts (including impacts to living re18 sources) of the major disaster on the affected 

19 geographic region; 

20 ‘‘(B) support coordinated, multi-scale plan21 ning that takes postdisaster assessments and 

22 hazard and risk modeling into account; 

23 ‘‘(C) coordinate data sharing and informa24 tion management between Federal agencies, 


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1 State and local governments, nongovernmental 

2 organizations, and the private sector; 

3 ‘‘(D) coordinate implementation of plans 

4 for long-term recovery activities; and 

5 ‘‘(E) manage, control, and mitigate hazard 

6 risk in a way that reduces injuries, loss of life, 

7 damage to the natural environment, and dam8 age and destruction of property, including dam9 age to living resources and facilities. 

10 ‘‘(c) LONG-TERM RECOVERY OFFICES.—The Presi11 dent may establish and operate long-term recovery offices 

12 in any area in which the President has declared a major 

13 disaster. 

14 ‘‘(d) GUIDELINES.—The President shall promulgate 

15 and maintain guidelines to assist Governors in making re16 quests under this section by defining the types of assist17 ance available to affected States and the circumstances 

18 under which such requests are likely to be approved.’’. 

19 SEC. 202. NATIONAL DISASTER RECOVERY STRATEGY. 

20 (a) IN GENERAL.—The Administrator, in coordina21 tion with the Secretary of Housing and Urban Develop22 ment, the Administrator of the Environmental Protection 

23 Agency, the Secretary of Agriculture, the Secretary of 

24 Commerce, the Secretary of the Treasury, the Adminis25 trator of the Small Business Administration, and State 


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1 and local government officials, shall develop, coordinate, 

2 and maintain a National Disaster Recovery Strategy. 

3 (b) CONTENTS.—The National Disaster Recovery 

4 Strategy shall— 

5 (1) outline the most efficient and cost effective 

6 Federal programs that will meet the short-term and 

7 long-term recovery needs of States, local govern8 ments, and individuals affected by a major disaster; 

9 (2) clearly define the role, programs, authori10 ties, and responsibilities of each Federal department 

11 or agency that may be of assistance in providing as12 sistance in the recovery from a major disaster; 

13 (3) describe in detail the programs that will be 

14 offered by the departments and agencies described in 

15 paragraph (2), including— 

16 (A) discussing funding issues; 

17 (B) detailing how responsibilities under the 

18 National Disaster Recovery Strategy will be 

19 shared; and 

20 (C) addressing other matters concerning 

21 the cooperative effort to provide recovery assist22 ance. 

23 (c) REPORT.—Not later than 270 days after the date 

24 of enactment of this Act, and on May 1 of every year 

25 thereafter, the Administrator shall submit to the ComVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 mittee on Homeland Security and Governmental Affairs 

2 of the Senate and the Committee on Homeland Security 

3 of the House of Representatives a report describing in de4 tail the National Disaster Recovery Strategy and any ad5 ditional authorities necessary to implement any portions 

6 of the National Disaster Recovery Strategy. 

7 SEC. 203. ENVIRONMENTAL MITIGATION. 

8 (a) IN GENERAL.—Section 322(c)(1) of the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5165(c)(1)) is amended by inserting ‘‘or man11 made’’ after ‘‘natural’’. 

12 (b) HAZARD MITIGATION.—The second sentence of 

13 section 404(a) of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 

15 amended by inserting ‘‘or man-made’’ after ‘‘natural’’. 

16 SEC. 204. DISASTER HOUSING STRATEGY. 

17 (a) IN GENERAL.—The Administrator, in coordina18 tion with the Secretary of Housing and Urban Develop19 ment and State and local government officials, shall de20 velop, coordinate, and maintain a National Disaster Hous21 ing Strategy. 

22 (b) CONTENTS.—The National Disaster Housing 

23 Strategy shall— 

24 (1) outline the most efficient and cost effective 

25 Federal programs that will best meet the short-term 


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1 and long-term housing needs of individuals and 

2 households affected by major disasters; 

3 (2) clearly define the role, programs, authori4 ties, and responsibilities of each entity in providing 

5 housing assistance in the event of a major disaster, 

6 including— 

7 (A) the Authority; 

8 (B) the Department of Housing and 

9 Urban Development; 

10 (C) the Department of Agriculture; 

11 (D) the Department of Veterans Affairs; 

12 (E) the Department of Health and Human 

13 Services; 

14 (F) any other Federal agency that may 

15 provide housing assistance in the event of a 

16 major disaster; 

17 (G) the American Red Cross; and 

18 (H) State and local governments; 

19 (3) describe in detail the programs that will be 

20 offered by the entities described in paragraph (2), 

21 including— 

22 (A) outlining any funding issues; 

23 (B) detailing how responsibilities under the 

24 National Disaster Housing Strategy will be 

25 shared; and 


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1 (C) addressing other matters concerning 

2 the cooperative effort to provide housing assist3 ance during a major disaster; 

4 (4) consider methods through which housing as5 sistance can be provided to individuals and house6 holds where employment and other resources for liv7 ing are available; 

8 (5) describe programs directed to meet the 

9 needs of special needs and low income populations; 

10 (6) describe plans for the operation of clusters 

11 of housing provided to individuals and households, 

12 including but not limited to access to public services, 

13 site management, security, and site density; and 

14 (7) describe any additional authorities nec15 essary to carry out any portion of the strategy. 

16 (c) REPORT.—Not later than 270 days after the date 

17 of enactment of this Act, and on May 1 of every year 

18 thereafter, the Administrator shall submit to the Com19 mittee on Homeland Security and Governmental Affairs 

20 and the Committee on Banking, Housing, and Urban Af21 fairs of the Senate and the Committee on Homeland Secu22 rity and the Committee on Transportation and Infrastruc23 ture of the House of Representatives a report describing 

24 in detail the National Disaster Housing Strategy, includVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 ing programs directed to meeting the needs of special 

2 needs populations. 

3 SEC. 205. ESSENTIAL SERVICES. 

4 Title IV of the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS. 

8 ‘‘(a) DEFINITION.—In this section, the term ‘essen9 tial service provider’ means an entity that— 

10 ‘‘(1) provides— 

11 ‘‘(A) telecommunications service; 

12 ‘‘(B) electrical power; 

13 ‘‘(C) natural gas; 

14 ‘‘(D) water and sewer services; or 

15 ‘‘(E) any other essential service, as deter16 mined by the President; 

17 ‘‘(2) is— 

18 ‘‘(A) a municipal entity; 

19 ‘‘(B) a nonprofit entity; or 

20 ‘‘(C) a private, for-profit entity; and 

21 ‘‘(3) is contributing to efforts to respond to an 

22 emergency or major disaster. 

23 ‘‘(b) AUTHORIZATION.—In an emergency or major 

24 disaster, the President may use Federal equipment, sup25 plies, facilities, personnel, and other non-monetary reVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 sources to assist an essential service provider, in exchange 

2 for reasonable compensation. 

3 ‘‘(c) COMPENSATION.— 

4 ‘‘(1) IN GENERAL.—The President shall, by 

5 regulation, establish a mechanism to set reasonable 

6 compensation to the Federal Government for the 

7 provision of assistance under subsection (b). 

8 ‘‘(2) CRITERIA.—The mechanism established 

9 under paragraph (1) 

10 ‘‘(A) shall reflect the cost to the govern11 ment (or if this is not readily obtainable, the 

12 full market value under the applicable cir13 cumstances) for assistance provided under sub14 section (b) in setting compensation; 

15 ‘‘(B) shall have, to the maximum degree 

16 feasible, streamlined procedures for determining 

17 compensation; and 

18 ‘‘(C) may, at the President’s discretion, be 

19 based on a good faith estimate of cost to the 

20 government rather than an actual accounting of 

21 costs. 

22 ‘‘(3) PERIODIC REVIEW.—The President shall 

23 periodically review, and if necessary revise, the regu24 lations established under paragraphs (1) and (2) to 

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1 pensation to the government for transferred re2 sources. Such reviews shall occur no less frequently 

3 than once every 2 years, and the results of such re4 views shall be reported to the Committee on Trans5 portation and Infrastructure and the Committee on 

6 Homeland Security of the House of Representatives 

7 and the Committee on Homeland Security and Gov8 ernmental Affairs of the Senate.’’. 

9 SEC. 206. HAZARD MITIGATION GRANT PROGRAM FOR10 MULA. 

11 The third sentence of section 404(a) of the Robert 

12 T. Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5170c(a)) is amended by striking ‘‘7.5 per14 cent’’ and inserting ‘‘15 percent for the amount spent up 

15 to $2,000,000,000, 10 percent for amounts between 

16 $2,000,000,000 and $10,000,000,000, and 7.5 percent on 

17 amounts spent between $10,000,000,000 and 

18 $35,333,000,000’’. 

19 SEC. 207. HOUSING ASSISTANCE. 

20 Section 408 of the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5174) is 

22 amended— 

23 (1) in subsection (b), by adding at the end the 

24 following: 


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1 ‘‘(3) CONSENT OF INDIVIDUAL OR HOUSE2 HOLD.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding para4 graph (2), the President shall seek the consent 

5 of each individual or household before providing 

6 such individual or household with a direct hous7 ing assistance option. 

8 ‘‘(B) REJECTION OF DIRECT HOUSING AS9 SISTANCE.—If an individual or household does 

10 not provide consent under subparagraph (A), 

11 such individual or household shall remain eligi12 ble for any other assistance available under this 

13 section.’’; and 

14 (2) in subsection (c)(1)— 

15 (A) by striking ‘‘TEMPORARY’’ in the para16 graph heading; 

17 (B) in paragraph (1)(B)— 

18 (i) in clause (i), by striking ‘‘housing 

19 units’’ and inserting ‘‘semi-permanent, or 

20 permanent housing’’; and 

21 (ii) in clause (iii), by striking ‘‘hous22 ing units’’ and inserting ‘‘semi-permanent, 

23 or permanent housing’’; 

24 (C) in paragraph (4)— 


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1 (i) by inserting ‘‘or semi-permanent’’ 

2 after ‘‘permanent’’; and 

3 (ii) by striking ‘‘insular’’ and ‘‘re4 mote’’. 

5 SEC. 208. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSIST6 ANCE PROGRAMS. 

7 Section 408(c) of the Robert T. Stafford Disaster Re8 lief and Emergency Assistance Act (42 U.S.C. 5174(c)) 

9 is amended— 

10 (1) by striking paragraph (2)(C); and 

11 (2) in paragraph (3)— 

12 (A) by striking subparagraph (B); and 

13 (B) by redesignating subparagraph (C) as 

14 subparagraph (B). 

15 SEC. 209. COORDINATING OFFICERS. 

16 Section 302(b) of the Robert T. Stafford Disaster Re17 lief and Emergency Assistance Act (42 U.S.C. 5143(b)) 

18 is amended— 

19 (1) in paragraph (3), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (4), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(5) serve as a primary point of contact for, 

2 and provide situational awareness to, the Secretary 

3 of Homeland Security.’’. 

4 SEC. 210. DEFINITIONS. 

5 Section 102 of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 5122) is 

7 amended— 

8 (1) in paragraph (2), by striking ‘‘or, regardless 

9 of cause, any fire, flood, or explosion’’ and inserting 

10 ‘‘any fire, flood, or explosion (regardless of cause), 

11 any act of domestic terrorism or international ter12 rorism (as those terms are defined in section 2331 

13 of title 18, United States Code), any outbreak of in14 fectious disease, any chemical release, or any other 

15 incident’’; 

16 (2) in paragraph (9), by inserting ‘‘(including 

17 museums, zoos, performing arts organizations, com18 munity centers, libraries, homeless shelters, senior 

19 citizen centers, rehabilitation facilities, and shelter 

20 workshops)’’ after ‘‘general public’’; and 

21 (3) by redesignating paragraphs (6) through 

22 (9) as paragraphs (7) through (10), respectively, 

23 and inserting after paragraph (5) the following: 

24 ‘‘(6) INDIVIDUAL WITH A DISABILITY.—The 

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1 vidual with a disability as defined in section 3(2) of 

2 the Americans with Disabilities Act of 1990 (42 

3 U.S.C. 12102(2)).’’. 

4 SEC. 211. CATASTROPHIC DAMAGE ASSISTANCE. 

5 The Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5121 et seq.) is amend7 ed— 

8 (1) by redesignating title VII as title VIII; 

9 (2) by redesignating sections 701 through 705 

10 as subsections 801 through 805, respectively; and 

11 (3) by inserting after title VI, the following: 

12 ‘‘TITLE VII—CATASTROPHIC 

13 DAMAGE ASSISTANCE 

14 ‘‘SEC. 701. ADDITIONAL ASSISTANCE. 

15 ‘‘(a) IN GENERAL.—Following a declaration of a 

16 major disaster, if a damage assessment indicates that 

17 damages qualify as catastrophic, the President may pro18 vide, in addition to other relief available under section 

19 408, the assistance provided for in this title or alter the 

20 assistance available under section 408 as described in this 

21 title. 

22 ‘‘(b) REGULATIONS.—The President shall promul23 gate regulations establishing a threshold for a catastrophic 

24 damages determination which consider the following fac25 tors: 


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1 ‘‘(1) The dollar amount per capita of damage to 

2 the State, its political subdivisions, or a region. 

3 ‘‘(2) The impact on the ability of the State, its 

4 political subdivisions, or regions to perform response 

5 and recovery activities, as well as capacity to provide 

6 basic services to citizenry. 

7 ‘‘(3) The estimated impact of revenue loss to 

8 the State, its political subdivisions, or a region. 

9 ‘‘(4) The number of individuals and households 

10 displaced from their predisaster residences by the 

11 event. 

12 ‘‘(5) The severity of loss of housing stock, util13 ity services, and alternative living accommodations. 

14 ‘‘(6) The severity of the impact on employment 

15 rates in the State, its political subdivisions, or a re16 gion. 

17 ‘‘(7) The anticipated length and difficulty of the 

18 recovery process. 

19 ‘‘(8) Other factors that the President deems 

20 relevant. 

21 ‘‘SEC. 702. CATASTROPHIC DAMAGE. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) TYPES OF ASSISTANCE.—In the event of a 

24 catastrophic damages determination under section 

25 701 the President may provide to an individual or 


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1 household any type of assistance authorized under 

2 section 408 in the event of a major disaster. 

3 ‘‘(2) TERMS.—Except as provided in subsection 

4 (b), assistance under paragraph (1) shall be pro5 vided on the same terms and conditions as under 

6 section 408. 

7 ‘‘(b) MAXIMUM AMOUNT; FEDERAL SHARE.— 

8 ‘‘(1) MAXIMUM AMOUNT.—The President may 

9 increase the maximum amount of assistance under 

10 subsection (a)(1), which may not exceed twice the 

11 maximum amount authorized under section 408(h). 

12 ‘‘(2) FEDERAL SHARE.—The President may in13 crease the Federal share of the costs eligible to be 

14 paid using assistance provided under subsection 

15 (a)(1) to not more than— 

16 ‘‘(A) 100 percent for assistance provided 

17 under section 408(g)(2) during the 3-month pe18 riod beginning on the date on which the Presi19 dent declared the major disaster; and 

20 ‘‘(B) 90 percent for assistance provided 

21 under section 408(g)(2) during the period be22 ginning on the day after the date described in 

23 subparagraph (A) and ending on the date that 

24 is 9 months after the date on which the Presi25 dent declared the major disaster. 


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1 ‘‘SEC. 703. MORTGAGE AND RENTAL ASSISTANCE. 

2 ‘‘(a) ELIGIBLE PERSON.—In this section, the term 

3 ‘eligible person’ means an individual or household who— 

4 ‘‘(1) resides in his or her predisaster primary 

5 residence; 

6 ‘‘(2) has experienced a loss of at least 20 per7 cent of his or her predisaster income as a result of 

8 a major disaster; 

9 ‘‘(3) has a rent or mortgage payment that con10 stitutes at least 25 percent of his or her post-dis11 aster income; and 

12 ‘‘(4) as a result of financial hardship caused by 

13 the incident determined to have caused catastrophic 

14 damage, is subject to— 

15 ‘‘(A) dispossession or eviction from the res16 idence of the individual or household; or 

17 ‘‘(B) foreclosure of a mortgage or lien or 

18 termination of a lease entered into before the 

19 date on which the catastrophic incident was de20 clared. 

21 ‘‘(b) ASSISTANCE.—The President may provide as22 sistance to eligible persons to make mortgage or rental 

23 payments. 

24 ‘‘(c) LIMITATIONS.—Assistance under subsection (b) 

25 shall be included against the assistance limitation under 

26 section 702(b)(1). Such assistance shall be provided as an 


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1 alternative to other housing assistance described in sec2 tions 408(b) and 702(a). 

3 ‘‘(d) PROMULGATION OF RULES AND VERIFICATION

4 REQUIREMENTS.—Not later than 120 days after the date 

5 of enactment of the Post Katrina Emergency Management 

6 Reform Act of 2006, the President shall promulgate rules 

7 and issue verification requirements, documents, and proce8 dures to administer the program authorized under this 

9 section. 

10 ‘‘(e) PERIOD OF ASSISTANCE.—The President may 

11 not provide assistance to an individual or household under 

12 subsection (b) for more than 12 months during the 18- 

13 month period beginning on the date of the declaration of 

14 a major disaster by the President. 

15 ‘‘SEC. 704. DISASTER UNEMPLOYMENT ASSISTANCE. 

16 ‘‘(a) IN GENERAL.—The President may provide to an 

17 individual unemployed as a result of a major disaster caus18 ing catastrophic damage as determined under section 

19 701(a) any assistance authorized under section 410 in the 

20 event of a major disaster for the period authorized under 

21 subsection (b). 

22 ‘‘(b) DURATION OF ASSISTANCE.—The President 

23 may provide assistance to an individual under subsection 

24 (a) for not more than 52 weeks after the date on which 


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1 the President declared the major disaster that resulted in 

2 the unemployment of that individual. 

3 ‘‘SEC. 705. COMMUNITY DISASTER LOAN PROGRAM. 

4 ‘‘(a) IN GENERAL.—Except as provided in subsection 

5 (b), the President may provide to a local government lo6 cated in an area for which the President has determined 

7 has suffered catastrophic damage from a major disaster 

8 any assistance authorized under section 417 in the event 

9 of a major disaster. 

10 ‘‘(b) MAXIMUM AMOUNT AND USE OF FUNDS.— 

11 ‘‘(1) MAXIMUM AMOUNT.—In providing assist12 ance under subsection (a), the President may waive 

13 the limitations under section 417(b) on the max14 imum amount of a loan under section 417. The 

15 President may establish additional criteria for eligi16 bility for assistance provided in excess of the limita17 tion under Sec. 417(b) in order to ensure that the 

18 additional assistance is awarded to those jurisdic19 tions most impacted by the major disaster. 

20 ‘‘(2) USE OF FUNDS.—The President may au21 thorize a local government receiving assistance under 

22 subsection (a) to use that assistance for salaries, in23 cluding overtime, of employees of that local govern24 ment. 


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1 ‘‘SEC. 706. REIMBURSEMENT FOR PURCHASES. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) DISASTER PERIOD.—The term ‘disaster 

4 period’ means, with respect to any State that in5 cludes an area for which a major disaster has been 

6 declared in accordance with section 401, the period 

7 beginning on the earliest date on which any area of 

8 the State was so declared and ending on the latest 

9 date for which any such declaration of an area of 

10 the State terminates. 

11 ‘‘(2) SURVIVOR.—The term ‘survivor’ means an 

12 individual who— 

13 ‘‘(A) resides in an area for which a major 

14 disaster has been declared in accordance with 

15 section 401; or 

16 ‘‘(B) resided in an area described in sub17 paragraph (A) during the 7 days immediately 

18 preceding the date of declaration of a major 

19 disaster described in subparagraph (A). 

20 ‘‘(b) REIMBURSEMENT.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the President may reimburse a 

23 community for each purchase of supplies (such as 

24 food, personal hygiene products, linens, and cloth25 ing) distributed to survivors. The Federal share of 

26 such assistance shall be 90 percent. 


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1 ‘‘(2) ELIGIBLE PURCHASES.—Reimbursement 

2 under paragraph (1) shall be available only with re3 spect to supplies that— 

4 ‘‘(A) are purchased with taxpayer dollars; 

5 and 

6 ‘‘(B) would otherwise be eligible for reim7 bursement if purchased by a survivor. 

8 ‘‘(c) PERIOD OF APPLICABILITY.—This section and 

9 the authority provided by this section apply only to a com10 munity assisting survivors from a State during the dis11 aster period of the State.’’. 

12 SEC. 212. INDIVIDUALS WITH DISABILITIES. 

13 (a) STANDARDS.—Not later than 90 days after the 

14 date of enactment of this Act, the Administrator shall de15 velop standards to accommodate individuals with disabil16 ities, which shall include standards for— 

17 (1) the accessibility of, and communications and 

18 programs in, shelters, recovery centers, and other fa19 cilities; and 

20 (2) devices used in connection with disaster op21 erations, including first aid stations, mass feeding 

22 areas, portable payphone stations, portable toilets, 

23 and temporary housing. 

24 (b) NONDISCRIMINATION IN DISASTER ASSIST25 ANCE.—Section 308(a) of the Robert T. Stafford Disaster 


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1 Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) 

2 is amended by inserting ‘‘disability,’’ after ‘‘age,’’. 

3 (c) ESSENTIAL ASSISTANCE.—Section 403(a) of the 

4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 5170b(a)) is amended— 

6 (1) in paragraph (2), by inserting ‘‘durable 

7 medical equipment,’’ after ‘‘medicine’’; and 

8 (2) in paragraph (3)(B), by inserting ‘‘durable 

9 medical equipment,’’ after ‘‘medicine’’. 

10 (d) REPAIR, RESTORATION, AND REPLACEMENT OF

11 DAMAGED FACILITIES.—Section 406(e)(1)(A)(ii) of the 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5172(e)(1)(A)(ii)) is amended by in14 serting ‘‘disability accessibility requirements,’’ after ‘‘spec15 ifications’’ . 

16 (e) FEDERAL ASSISTANCE TO INDIVIDUALS AND

17 HOUSEHOLDS.—Section 408 of the Robert T. Stafford 

18 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

19 5174) is amended— 

20 (1) in subsection (b)(1), by inserting ‘‘, or with 

21 respect to individuals with disabilities, rendered in22 accessible or uninhabitable,’’ after ‘‘uninhabitable’’; 

23 and 

24 (2) in subsection (d)(1)(A)— 


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1 (A) in clause (i), by striking ‘‘and’’ after 

2 the semicolon; 

3 (B) by redesignating clause (ii) as clause 

4 (iii); and 

5 (C) by inserting after clause (i) the fol6 lowing: 

7 ‘‘(ii) meets the physical accessibility 

8 requirements for individuals with disabil9 ities; and’’. 

10 (f) EMERGENCY PUBLIC TRANSPORTATION.—Section 

11 419 of the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5186) is amended by in13 serting ‘‘The President shall ensure to the maximum ex14 tent practicable that temporary public transportation serv15 ices under this section are planned, designed, and carried 

16 out to meet the needs of individuals with disabilities and 

17 others with special needs.’’ at the end. 

18 (g) EXERCISES.—The Administrator shall include in19 dividuals with disabilities in preparedness and planning 

20 activities. 

21 SEC. 213. DISABILITY COORDINATOR. 

22 The Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act is amended by inserting after section 

24 302 the following: 


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1 ‘‘SEC. 302A. DISABILITY COORDINATOR. 

2 ‘‘(a) IN GENERAL.—After consultation with organi3 zations representing individuals with disabilities and the 

4 Interagency Coordinating Council on Preparedness and 

5 Individuals with Disabilities established under Executive 

6 Order 13347 (6 U.S.C. 312 note), the Administrator of 

7 the United States Emergency Management Agency shall 

8 appoint a Disability Coordinator. The Disability Coordi9 nator shall report directly to the Administrator, in order 

10 to ensure that the needs of individuals with disabilities are 

11 being properly addressed in emergency preparedness and 

12 disaster relief. 

13 ‘‘(b) RESPONSIBILITIES.—The Disability Coordinator 

14 shall be responsible for— 

15 ‘‘(1) providing guidance and coordination on 

16 matters related to individuals with disabilities in 

17 emergency planning requirements and relief efforts 

18 in the event of a major disaster; 

19 ‘‘(2) interacting directly with Administration 

20 staff, the Interagency Coordinating Council on Pre21 paredness and Individuals with Disabilities estab22 lished under Executive Order No. 13347 (6 U.S.C. 

23 312 note), other agencies of the Federal Govern24 ment, and State and local government authorities re25 garding the needs of individuals with disabilities in 


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1 emergency planning requirements and relief efforts 

2 in the event of a major disaster; 

3 ‘‘(3) consulting with organizations that rep4 resent the interests and rights of individuals with 

5 disabilities about the needs of individuals with dis6 abilities in emergency planning requirements and re7 lief efforts in the event of a major disaster; 

8 ‘‘(4) coordinating and disseminating best prac9 tices and model evacuation plans for individuals with 

10 disabilities; 

11 ‘‘(5) developing a curriculum for first responder 

12 training on the needs of individuals with disabilities, 

13 including the needs of individuals with physical dis14 abilities and the needs of individuals with psychiatric 

15 disabilities; 

16 ‘‘(6) developing training materials for State and 

17 local governmental officials, first responders, and 

18 others about the importance of allowing individuals 

19 with disabilities to retain their durable medical 

20 equipment, wheelchairs, service animals, and other 

21 assistive devices, to the maximum extent possible, in 

22 the aftermath of a major disaster; 

23 ‘‘(7) working with the Director of the Centers 

24 for Medicare and Medicaid Services, durable medical 

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1 pliers of durable medical equipment, and medical 

2 professionals to draft an emergency response plan 

3 for the temporary loan or replacement of durable 

4 medical equipment in the event of a major disaster; 

5 ‘‘(8) ensuring the accessibility of telephone hot6 lines and websites regarding emergency prepared7 ness, evacuations, and disaster relief; 

8 ‘‘(9) working with the Chairman of the Federal 

9 Communications Commission to ensure that video 

10 programming distributors, including broadcasters, 

11 cable operators, and satellite television services, 

12 make emergency information accessible to individ13 uals with hearing and vision disabilities; 

14 ‘‘(10) coordinating the availability of accessible 

15 transportation options for individuals with disabil16 ities in the event of an evacuation; 

17 ‘‘(11) providing guidance and implementing 

18 policies to ensure that the rights and wishes of indi19 viduals with disabilities regarding post-evacuation 

20 residency and relocation are respected; 

21 ‘‘(12) ensuring that meeting the needs of indi22 viduals with disabilities are included in any Federal 

23 emergency response plans; and 


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1 ‘‘(13) any other duties relevant to emergency 

2 preparedness an response for individuals with dis3 abilities.’’. 

4 SEC. 214. TEMPORARY HOUSING. 

5 Section 408(c)(1)(B) of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 U.S.C. 

7 5174(c)(1)(B)) is amended by adding at the end the fol8 lowing— 

9 ‘‘(iv) ACCESSIBILITY.— 

10 ‘‘(I) IN GENERAL.—Not less than 

11 5 percent of the total housing units 

12 provided under this subparagraph for 

13 a major disaster shall be made acces14 sible for persons with mobility impair15 ments. Not less than an additional 2 

16 percent of such units shall be made 

17 accessible for persons with hearing or 

18 vision impairments. 

19 ‘‘(II) INCREASES.—The Presi20 dent may increase a percentage under 

21 subclause (I) for any area upon re22 quest by any State or local govern23 ment or agency, based upon dem24 onstration to the reasonable satisfac25 tion of the President of a need for a 


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1 higher percentage, based on census 

2 data or other available data on the lo3 cation of people with disabilities, or in 

4 response to evidence of a need for 

5 higher percentage or number received 

6 in any other manner. In reviewing a 

7 request under this subclause, or other8 wise assessing the existence of such 

9 needs, the President shall take into 

10 account the expected needs of eligible 

11 persons with an without disabilities’’. 

12 SEC. 215. GAO STUDY ON ACCESSIBILITY OF EMERGENCY 

13 SHELTERS. 

14 (a) IN GENERAL.—The Comptroller General of the 

15 United States shall conduct a national study regarding 

16 whether, and, if so, to what extent, emergency shelters for 

17 use in response to a major disaster, as that term is defined 

18 in section 102(2) of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5122(2)) are 

20 accessible to, and usable by, individuals with disabilities. 

21 (b) REPORT.—Not later than 12 months after the 

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall submit a report summarizing 

24 the results of this study to the Committee on Homeland 

25 Security and Governmental Affairs and the Committee on 


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1 Health, Education, Labor, and Pensions of the Senate and 

2 the Committee on Homeland Security and the Committee 

3 on Education and the Workforce of the House of Rep4 resentatives. 

5 SEC. 216. REUNIFICATION. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CHILD LOCATOR CENTER.—The term 

8 ‘‘Child Locator Center’’ means the National Emer9 gency Child Locator Center established under sub10 section (c). 

11 (2) DECLARED EVENT.—The term ‘‘declared 

12 event’’ means major disaster or emergency declared 

13 under the short title. 

14 (3) DISPLACED ADULT.—The term ‘‘displaced 

15 adult’’ means an individual 21 years of age or older 

16 who is displaced from the habitual residence of that 

17 individual as a result of a declared event. 

18 (4) DISPLACED CHILD.—The term ‘‘displaced 

19 child’’ means an individual under 21 years of age 

20 who is displaced from the habitual residence of that 

21 individual as a result of a declared event. 

22 (b) NATIONAL EMERGENCY CHILD LOCATOR CEN23 TER.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the Attorney 


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1 General of the United States, in coordination with 

2 the Authority, shall establish within the National 

3 Center for Missing and Exploited Children the Na4 tional Emergency Child Locator Center. 

5 (2) PURPOSES.—The purposes of the Child Lo6 cator Center are to— 

7 (A) enable individuals to provide to the 

8 Child Locator Center the name of and other 

9 identifying information about a displaced child 

10 or a displaced adult who may have information 

11 about the location of a displaced child; 

12 (B) enable individuals to receive informa13 tion about other sources of information about 

14 displaced children and displaced adults; and 

15 (C) assist law enforcement in locating dis16 placed children. 

17 (3) RESPONSIBILITIES AND DUTIES.—The re18 sponsibilities and duties of the Child Locator Center 

19 are to— 

20 (A) establish a toll-free telephone number 

21 to receive reports of displaced children and in22 formation about displaced adults that may as23 sist in locating displaced children; 

24 (B) create a website to provide information 

25 about displaced children; 


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1 (C) deploy its staff to the location of a de2 clared event to gather information about dis3 placed children; 

4 (D) assist in the reunification of displaced 

5 children with their families; 

6 (E) provide information to the public about 

7 additional resources for disaster assistance; 

8 (F) work in partnership with Federal, 

9 State, and local law enforcement agencies; 

10 (G) provide technical assistance in locating 

11 displaced children; 

12 (H) share information on displaced chil13 dren and displaced adults with governmental 

14 agencies and nongovernmental organizations 

15 providing disaster assistance; 

16 (I) use its resources to gather information 

17 about displaced children; 

18 (J) refer reports of displaced adults to an 

19 entity designated by the Attorney General to 

20 provide technical assistance in locating dis21 placed adults; 

22 (K) enter into cooperative agreements with 

23 Federal and State agencies as necessary to im24 plement the mission of the Child Locator Cen25 ter; and 


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1 (L) develop an emergency response plan to 

2 prepare for the activation of the Child Locator 

3 Center. 

4 (c) CONFORMING AMENDMENTS.—Section 403(1) of 

5 the Missing Children’s Assistance Act (42 U.S.C. 

6 5772(1)) is amended— 

7 (1) in subparagraph (A), by striking ‘‘or’’ at 

8 the end; 

9 (2) in subparagraph (B), by adding ‘‘or’’ after 

10 the semicolon; and 

11 (3) by inserting after subparagraph (B) the fol12 lowing: 

13 ‘‘(C) the individual is an individual under 

14 21 years of age who is displaced from the habit15 ual residence of that individual as a result of an 

16 emergency or major disaster (as those terms 

17 are defined in section 102 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5122)).’’. 

20 SEC. 217. NATIONAL EMERGENCY FAMILY REGISTRY AND 

21 LOCATOR SYSTEM. 

22 (a) DEFINITIONS.—In this section— 

23 (1) the term ‘‘displaced individual’’ means an 

24 individual displaced by an emergency or major dis25 aster; and 


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1 (2) the term ‘‘National Emergency Family Reg2 istry and Locator System’’ means the National 

3 Emergency Family Registry and Locator System es4 tablished under subsection (b). 

5 (b) ESTABLISHMENT.—Not later than 180 days after 

6 the date of enactment of this Act, the Administrator shall 

7 establish a National Emergency Family Registry and Lo8 cator System to help reunify families separated after an 

9 emergency or major disaster. 

10 (c) OPERATION OF SYSTEM.—The National Emer11 gency Family Registry and Locator System shall— 

12 (1) allow a displaced individual to voluntarily 

13 register, by submitting personal information to be 

14 entered into a database (such as the name, current 

15 location of residence, and any other relevant infor16 mation that could be used by others seeking to lo17 cate that individual); 

18 (2) include a means of providing information 

19 submitted under paragraph (1) to a family member 

20 of a displaced individual and to law enforcement of21 ficials; and 

22 (3) be accessible through the Internet and 

23 through a toll-free number, to receive reports of dis24 placed individuals. 


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1 (d) PUBLICATION OF INFORMATION.—Not later than 

2 210 days after the date of enactment of this Act, the Ad3 ministrator shall establish a mechanism to inform the pub4 lic about the National Emergency Family Registry and 

5 Locator System and its potential usefulness for assisting 

6 to reunite displaced individuals with their families. 

7 (e) COORDINATION.—Not later than 90 days after 

8 the date of enactment of this Act, the Administrator shall 

9 enter a memorandum of understanding with the Depart10 ment of Justice, the National Center for Missing and Ex11 ploited Children, the Department of Health and Human 

12 Services, and the American Red Cross and other relevant 

13 private organizations that will enhance the sharing of in14 formation to facilitate reuniting displaced individuals with 

15 their families. 

16 SEC. 218. FEDERAL ASSISTANCE TO INDIVIDUALS AND 

17 HOUSEHOLDS. 

18 (a) SHARED HOUSEHOLDS.— 

19 (1) IN GENERAL.—Section 408(b)(1) of the 

20 Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5174(b)(1)) is amended— 

22 (A) by striking ‘‘The President may’’ and 

23 inserting the following: 

24 ‘‘(A) IN GENERAL.—The President may’’; 

25 and 


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1 (B) by adding at the end the following: 

2 ‘‘(B) SHARED HOUSEHOLDS.— 

3 ‘‘(i) DEFINITION.—In this subpara4 graph, the term ‘member of the predisaster 

5 household’ means an individual who was a 

6 member of the predisaster household of the 

7 individual or a member of the predisaster 

8 household seeking assistance, as the case 

9 may be. 

10 ‘‘(ii) ELIGIBILITY FOR SHARED

11 HOUSEHOLDS.—The President may not 

12 deny assistance to an individual or house13 hold under this section because a member 

14 of the predisaster household has already 

15 received assistance under this section, if 

16 the individual or household seeking assist17 ance— 

18 ‘‘(I) has evacuated the 

19 predisaster residence of that indi20 vidual or household and who for good 

21 cause, as determined by the President, 

22 resides in a different location than a 

23 member of the predisaster household 

24 who has already received assistance 

25 under this section; 


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1 ‘‘(II) is a victim of domestic vio2 lence, dating violence, sexual assault 

3 or stalking and, in order to protect his 

4 or her safety or because of family or 

5 household break-up or divorce, resides 

6 in a different residence than the mem7 ber of the predisaster household who 

8 has already received assistance under 

9 this section; or 

10 ‘‘(III) has other good cause, as 

11 determined by the President, for 

12 maintaining a separate household 

13 from the member of the predisaster 

14 household who has already received 

15 assistance under this section.’’. 

16 (2) REGULATIONS.—Not later than 180 days 

17 after the date of enactment of this Act, the Presi18 dent shall issue regulations to carry out the amend19 ments made by this subsection. 

20 (b) UTILITY COSTS AND FAIR MARKET RENT.— 

21 (1) IN GENERAL.—Section 408(c)(1)(A) of the 

22 Robert T. Stafford Disaster Relief and Emergency 

23 Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amend24 ed— 


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1 (A) in clause (ii) by inserting ‘‘(as deter2 mined by the Department of Housing and 

3 Urban Development)’’ after ‘‘rent’’; 

4 (B) in clause (ii) by inserting ‘‘security de5 posits’’ after ‘‘hookups’’; 

6 (C) in clause (ii) by adding ‘‘The assist7 ance provided under clause (i) may be used for 

8 tenant-paid utilities, except telephones.’’ at the 

9 end; and 

10 (D) by adding at the end the following: 

11 ‘‘(iii) ADJUSTMENTS TO AMOUNT.— 

12 ‘‘(I) IN GENERAL.—The Presi13 dent shall provide assistance under 

14 clause (i) in an amount up to 120 

15 percent of fair market rent plus the 

16 costs described in clause (ii) if the 

17 President determines that, as a result 

18 of rental market changes caused by 

19 the major disaster and its con20 sequences, the fair market rent does 

21 not accurately reflect the reasonable 

22 cost of rental units available to indi23 viduals and households receiving as24 sistance under clause (i). The Presi25 dent may provide assistance over 120 


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1 percent of fair market rent if the 

2 President determines that due to ex3 traordinary circumstances a higher 

4 percentage is necessary. The Presi5 dent shall publicly announce any ad6 justment to the fair market rent in 

7 accordance with this subsection. 

8 ‘‘(II) PERSONS WITH DISABIL9 ITIES.—The President shall adjust the 

10 amount of assistance under clause (i) 

11 if the President deems such adjust12 ment necessary to accommodate the 

13 special housing needs of an individual 

14 with disabilities as defined in section 

15 3(2) of the Americans with Disabil16 ities Act of 1990 (42 U.S.C. 

17 12102(2)).’’. 

18 (2) EMERGENCY.—Section 408(c) of the Robert 

19 T. Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5174(c)) is amended— 

21 (A) In paragraph 6, by striking ‘‘and’’ 

22 after the semicolon; 

23 (B) in paragraph 7, by striking the period 

24 and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(8) provide excellerated Federal assistance in 

2 Federal support where necessary to save lives, pre3 vent human suffering, or mitigate severe damage, 

4 which may be provided in the absence of a specific 

5 request in which the President— 

6 ‘‘(A) shall, to the extent practicable, notify 

7 and coordinate with a State in which such as8 sistance or support is provided; and 

9 ‘‘(B) shall not, in notifying and coordi10 nating with a State under subparagraph (A), 

11 delay or impede the rapid deployment, use, and 

12 distribution of critical resources to victims of an 

13 emergency.’’. 

14 (c) GUIDANCE ON HOUSING ASSISTANCE.—Section 

15 408(c) of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5174(c)) is amend17 ed by adding at the end the following: 

18 ‘‘(5) PUBLIC GUIDANCE ON HOUSING ASSIST19 ANCE.— 

20 ‘‘(A) IN GENERAL.—The President shall 

21 issue public guidance in simple terms explain22 ing— 

23 ‘‘(i) all types of housing assistance 

24 available under this Act to individuals and 

25 households affected by a major disaster; 


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1 ‘‘(ii) the specific requirements that in2 dividuals and households shall meet to be 

3 eligible for different types of housing as4 sistance under this Act, including require5 ments for continuation of housing assist6 ance provided; 

7 ‘‘(iii) procedures for applying for such 

8 assistance; 

9 ‘‘(iv) any relevant local condition; and 

10 ‘‘(v) any modifications of previously 

11 announced policies or procedures. 

12 ‘‘(B) FORM OF ISSUING GUIDANCE.—The 

13 President shall— 

14 ‘‘(i) post the guidance described in 

15 subparagraph (A) on the website of the 

16 Authority; 

17 ‘‘(ii) provide a copy of the guidance 

18 described in subparagraph (A) to any indi19 vidual or household who requests housing 

20 assistance; and 

21 ‘‘(iii) take other reasonable steps to 

22 ensure that the guidance described in sub23 paragraph (A) is freely accessible to the 

24 public. 


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1 ‘‘(C) ACCESSIBILITY.—The guidance under 

2 subparagraph (A) shall be issued in formats 

3 that may be understood by individuals with— 

4 ‘‘(i) vison impairments; 

5 ‘‘(ii) limited English proficiency; and 

6 ‘‘(iii) other special needs. 

7 ‘‘(D) REVISIONS.—Any revisions to the 

8 guidance described in subparagraph (A) shall 

9 be publicized as described in subparagraph (B). 

10 ‘‘(E) DEADLINE.—Not later than 5 days 

11 after declaring a major disaster, the President 

12 shall publicize the guidance described in this 

13 section and any local modifications. The Presi14 dent shall also publicize any subsequent modi15 fications to the policy guidance described in this 

16 section within not later than 2 days of the date 

17 of any such modification.’’. 

18 SEC. 219. MENTAL HEALTH SERVICES. 

19 (a) IN GENERAL.—The Robert T. Stafford Disaster 

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

21 seq.) is amended by striking section 416 and inserting the 

22 following: 

23 ‘‘SEC. 416. MENTAL HEALTH SERVICES. 

24 ‘‘(a) IN GENERAL.—The President is authorized to 

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1 dividuals affected by a major disaster (including children 

2 and other vulnerable populations, and emergency response 

3 providers responding to a major disaster) to relieve or pre4 vent mental health or substance abuse problems caused 

5 or aggravated by such major disaster or its aftermath. 

6 ‘‘(b) TYPES OF ASSISTANCE.—The assistance pro7 vided under subsection (a) may include providing financial 

8 assistance to Federal, State, or local government agencies 

9 or private mental health or substance abuse organizations 

10 to provide mental health or substance abuse services or 

11 train individuals to provide such services. 

12 ‘‘(c) DURATION OF ASSISTANCE.—The President 

13 may provide an award of financial assistance described in 

14 this section for a period of no more than 9 months after 

15 the date of notice of the grant award. The President may 

16 extend the period of such an award for 90 days because 

17 of documented extraordinary circumstances. In limited cir18 cumstances, such as disasters of a catastrophic nature, the 

19 President may extend the period of such an award beyond 

20 90 days if the President determines it is in the public in21 terest.’’. 

22 (b) RESPONSE PLAN.—Not later than 180 days after 

23 the date of enactment of this Act, the Substance Abuse 

24 and Mental Health Services Administration and other 

25 Federal agencies providing mental health or substance 


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1 abuse services, in coordination with the Administrator and 

2 State and local government officials with responsibilities 

3 for providing mental health or substance abuse prevention 

4 and services, shall— 

5 (1) conduct a survey of mental health or sub6 stance abuse services and any applicable support 

7 services available to individuals affected by major 

8 disasters and to emergency response providers re9 sponding to major disasters; and 

10 (2) develop a strategy for the adequate provi11 sion of mental health and substance abuse services 

12 to individuals affected by major disasters and to 

13 emergency response providers responding to major 

14 disasters. 

15 SEC. 220. LANGUAGE SERVICES. 

16 (a) DEFINITION.—For purposes of this section— 

17 (1) the term ‘‘documents’’ includes— 

18 (A) emergency notifications, public broad19 casts, flyers, brochures, applications, and letters 

20 containing important information regarding as21 sistance authorized to be provided by the Presi22 dent under this Act; 

23 (B) notices pertaining to the reduction, de24 nial, or termination of services or benefits 


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1 under this Act, including the right to appeal 

2 such actions; and 

3 (C) notices of the availability of free lan4 guage services and other outreach materials; 

5 and 

6 (2) the term ‘‘appropriate population segments’’ 

7 includes groups comprising a substantial portion of 

8 limited English proficient individuals in the area for 

9 which the President declares a major disaster. 

10 (b) PURPOSE.—The purpose of this section is to as11 sist providers of disaster relief related services 

12 (1) to improve, through effective communica13 tion, the quality of disaster relief related information 

14 and services for individuals with limited English pro15 ficiency or individuals with disabilities or individuals 

16 with other special needs; and 

17 (2) to meet their obligation and responsibility to 

18 ensure equal access to such services for such individ19 uals. 

20 (c) REASONABLE STEPS TO ENSURE EFFECTIVE

21 COMMUNICATION WITH PEOPLE WITH LIMITED ENGLISH

22 PROFICIENCY OR INDIVIDUALS WITH DISABILITIES.—In 

23 carrying out the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act, the President shall— 


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1 (1) ensure that all Federal entities that provide 

2 assistance under this Act maintain, on a continuing 

3 and updated basis, the capability to administer com4 petent interpretation and translation services; 

5 (2) consult available census data and commu6 nicate with State and local governments and relevant 

7 non-governmental organizations for the purposes 

8 of— 

9 (A) identifying individuals with limited 

10 English proficiency; and 

11 (B) including such individuals in disaster 

12 preparedness planning; 

13 (3) direct all Federal agencies to implement dis14 aster relief assistance under the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance Act by 

16 providing to appropriate population segments, in a 

17 timely manner, competent interpretation services 

18 and translated documents; 

19 (4) provide documents to individuals with dis20 abilities or other special needs in formats they can 

21 understand; 

22 (5) ensure that translated documents are pro23 vided to organizations that could assist with their 

24 distribution to affected population segments; 


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1 (6) have available for activation disaster assist2 ance employees sufficient to comply with (1), (2), 

3 (3), and (4); and 

4 (7) develop and maintain an informational 

5 clearinghouse of model language assistance pro6 grams and best practices for State and local govern7 ments in providing disaster and emergency related 

8 services. 

9 (d) TECHNICAL ASSISTANCE FOR DEVELOPMENT OF

10 PLANS AND PROGRAMS.—Section 201(b) of the Robert T. 

11 Stafford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5131(b)) is amended by inserting ‘‘with and 

13 without English proficiency, disabilities, or other special 

14 needs,’’ after ‘‘to individuals’’. 

15 SEC. 221. STANDARDS FOR STATE AND LOCAL EMERGENCY 

16 PREPAREDNESS OPERATIONAL PLANS. 

17 (a) STANDARDS.—Section 613 of the Robert T. Staf18 ford Disaster Relief and Emergency Assistance Act (42 

19 U.S.C. 5196b) is amended by redesignating subsection (g) 

20 as subsection (h) and inserting the following: 

21 ‘‘(g) STANDARDS FOR STATE AND LOCAL EMER22 GENCY PREPAREDNESS PLANS.—In approving standards 

23 for State and local emergency preparedness plans under 

24 subsection (b)(3), the Administrator shall ensure that 

25 such plans take into account the needs of individuals with 


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1 special needs and requirements as described in Section 

2 611(f) and individuals with pets as described in Section 

3 611(g).’’. 

4 (b) PLANNING FOR SPECIAL NEEDS.—Section 611 of 

5 the Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 5196) is amended by redesig7 nating subsections (f) through (k) as subsections (h) 

8 through (m) and inserting the following: 

9 ‘‘(f) The Administrator of the United States Emer10 gency Management Authority, shall take appropriate ac11 tions to ensure that each State, in its Homeland Security 

12 Strategy or other homeland security plan, provides de13 tailed and comprehensive pre-disaster and post-disaster 

14 plans for individuals with special needs and their care 

15 givers, including but not limited to individuals with dis16 abilities and individuals with chronic diseases, including 

17 those with service animals, individuals with limited 

18 English proficiency, children, and the elderly in emer19 gencies, including but not limited to plans for medical 

20 care, evacuations and sheltering. Further, in the case of 

21 evacuation planning, the Administrator shall also ensure 

22 that such plans address the needs of those unable to evac23 uate themselves, including those individuals with low-in24 come or without access to private transportation and those 


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1 requiring specialized transportation because of medical 

2 conditions.’’. 

3 (c) PLANNING FOR INDIVIDUALS WITH PETS.—Sec4 tion 611 of the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5196) is amended 

6 by inserting after subsection (f), as added by subpara7 graph (b), the following: 

8 ‘‘(g) The Administrator of the United States Emer9 gency Management Authority shall take appropriate ac10 tions to ensure that State and local emergency prepared11 ness, evacuation, and sheltering plans take into account 

12 the needs of individuals with household pets prior to, dur13 ing, and following a major disaster.’’. 

14 (d) ASSISTANCE TO STATES AND LOCAL AUTHORI15 TIES.—Section 611(l)(1) of the Robert T. Stafford Dis16 aster Relief and Emergency Assistance Act, as redesig17 nated by subsection (b) of this section is amended by strik18 ing the period at the end of the first sentence and adding 

19 the following: ‘‘in addition, the Administrator may provide 

20 financial and technical support including the services of 

21 subject matter experts, such as pediatricians and geriatri22 cians, on the basis of programs or projects approved by 

23 the Administrator, to States and local authorities for the 

24 purpose of developing and implementing plans for individ25 uals with special needs and requirements as identified in 


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1 subsection 611(f), including procurement of facilities and 

2 medical equipment and supplies for the care of such indi3 viduals, and individuals with pets as identified in sub4 section 611 (g), including the procurement, construction, 

5 leasing, or renovating of emergency shelter facilities and 

6 materials that will accommodate individuals with disabil7 ities, individuals with special needs, and individuals with 

8 pets or service animals.’’. 

9 (e) REPORT TO CONGRESS.—Not later than one year 

10 after the date of enactment of this Act, the Administrator 

11 shall— 

12 (1) submit to Congress a report evaluating the 

13 adequacy of the plans of the States to evacuate indi14 viduals with special needs and requirements, as de15 fined in subsection (b) of this section in emergencies 

16 or major disasters that would warrant their evacu17 ation; and 

18 (2) include in the report a discussion of— 

19 (A) whether or not the States have the re20 sources necessary to implement fully their evac21 uation and sheltering plans; and 

22 (B) the manner in which the plans of the 

23 States are integrated with the response plans of 

24 the Federal Government for emergencies that 


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1 would require the evacuation and sheltering of 

2 individuals with special needs. 

3 (f) TRAINING PROGRAMS.— 

4 (1) IN GENERAL.—Section 611(h)(1) of the 

5 Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act, as redesignated by subsection (b) of 

7 this section is amended by striking subparagraph 

8 (A) and insert the following: 

9 ‘‘(A) conduct or arrange by contract or 

10 otherwise, the training programs for the in11 struction of emergency preparedness and re12 sponse officials and other persons in the organi13 zation, operation and techniques of emergency 

14 preparedness and response, including but not 

15 limited to planning for and responding to indi16 viduals with special needs’’. 

17 (2) EMERGENCY ASSISTANCE.—Section 502 of 

18 the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5192) is amend20 ed— 

21 (A) in subsection (a)(1), by striking the 

22 semicolon and inserting ‘‘, including pre23 cautionary evacuations;’’; 


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1 (B) in subsection (b), by striking the pe2 riod and inserting ‘‘, including precautionary 

3 evacuations.’’; and 

4 (C) adding at the end the following: 

5 ‘‘(c) GUIDELINES.—The President shall promulgate 

6 and maintain guidelines to assist Governors in making re7 quests under this section by defining the types of assist8 ance available to affected States and the circumstances 

9 under which such requests are likely to be approved.’’. 

10 SEC. 222. TRANSPORTATION ASSISTANCE AND CASE MAN11 AGEMENT SERVICES TO INDIVIDUALS AND 

12 HOUSEHOLDS. 

13 Title IV of the Robert T. Stafford Disaster Relief and 

14 Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS 

17 AND HOUSEHOLDS. 

18 ‘‘The President may provide transportation assist19 ance to relocate individuals displaced from their 

20 predisaster primary residences as a result of an incident 

21 declared under this Act or otherwise transported from 

22 their predisaster primary residences under section 

23 403(a)(3) or 502, to and from alternative locations for 

24 short or long-term accommodation or to return an indi25 vidual or household to their predisaster primary residence 


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1 or alternative location as deemed necessary by the Presi2 dent. 

3 ‘‘SEC. 426. CASE MANAGEMENT SERVICES. 

4 ‘‘The President may provide case management serv5 ices, including financial assistance to state or local agen6 cies or qualified private organizations to provide such serv7 ices, to victims of major disasters to identify and address 

8 unmet needs.’’. 

9 SEC. 223. NON-FEDERAL ASSISTANCE. 

10 Section 801 (b) of the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 5201), 

12 as redesignated by this Act, is amended— 

13 (1) in subsection (b), by striking the period at 

14 the end of the first sentence and adding the fol15 lowing: ‘‘including from foreign organizations and 

16 governments.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(c) RECEIPT AND COORDINATION OF GIFTS FROM

19 FOREIGN SOURCES.—Notwithstanding the provisions of 

20 section 612, the President or his delegate shall coordinate 

21 receipt of gifts or assistance from foreign sources with the 

22 Secretary of Defense and the Secretary of State with re23 gard to— 


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1 ‘‘(1) the identification of emergency require2 ments for which such gifts or assistance is required 

3 and appropriate, and 

4 ‘‘(2) procedures for receipt, distribution, and 

5 monitoring of the use of such gifts or assistance.’’. 

6 SEC. 224. DISASTER COORDINATION. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator shall, in consultation with 

9 the Secretary of Defense and the Secretary of State, de10 velop policies and procedures relating to the effective co11 ordination of disaster assistance from non-Federal enti12 ties, including private and foreign entities and govern13 ments, as provided under section 801 of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance Act, 

15 as redesignated by this Act, including— 

16 (1) coordination with other disaster assistance 

17 from the Federal Government, and State and local 

18 governments and other sources; 

19 (2) identification of requirements for utilization 

20 that are necessary and appropriate for such assist21 ance; 

22 (3) receipt and distribution; and 

23 (4) monitoring to ensure of its appropriate final 

24 use. 


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1 TITLE III—STAFFING 

2 IMPROVEMENTS 

3 SEC. 301. STRATEGIC HUMAN CAPITAL PLAN. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Homeland Security 

10 and the Committee on Government Reform of 

11 the House of Representatives; and 

12 (2) the term ‘‘strategic human capital plan’’ 

13 means the plan developed under subsection (b). 

14 (b) PLAN DEVELOPMENT.—Not later than 6 months 

15 after the date of enactment of this Act, the Administrator 

16 shall develop and submit to the appropriate committees 

17 of Congress a strategic plan to shape and improve the 

18 workforce of the Authority. 

19 (c) CONTENTS.—The strategic human capital plan 

20 shall include— 

21 (1) a workforce gap analysis, including an as22 sessment of— 

23 (A) the critical skills and competencies 

24 that will be needed in the workforce of the Au25 thority to support the mission and responsibilVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 ities of, and effectively manage, the Authority 

2 during the 10-year period beginning on the date 

3 of enactment of this Act; 

4 (B) the skills and competencies of the 

5 workforce of the Federal Emergency Manage6 ment Agency on the day before the date of en7 actment of this Act and projected trends in that 

8 workforce, based on expected losses due to re9 tirement and other attrition; and 

10 (C) the staffing levels of each category of 

11 employee, including gaps in the workforce of 

12 the Federal Emergency Management Agency on 

13 the day before the date of enactment of this Act 

14 and the projected workforce of the Authority 

15 that should be addressed to ensure that the Au16 thority has continued access to the critical skills 

17 and competencies described in subparagraph 

18 (A); 

19 (2) a plan of action for developing and reshap20 ing the workforce of the Authority to address the 

21 gaps in critical skills and competencies identified 

22 under paragraph (1)(C), including— 

23 (A) specific recruiting and retention goals, 

24 including the use of bonus authority under sec25 tions 5753 and 5754 of title 5, United States 


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1 Code, (including the program objectives of the 

2 Authority to be achieved through such goals); 

3 (B) specific strategies for developing, 

4 training, deploying, compensating, and moti5 vating and retaining the Authority workforce 

6 and its ability to fulfill the Authority’s mission 

7 and responsibilities (including the program ob8 jectives of the Department and the Authority to 

9 be achieved through such strategies); 

10 (C) specific strategies for recruiting indi11 viduals who have served in multiple State agen12 cies with emergency management responsibil13 ities; and 

14 (D) specific strategies for the development, 

15 training, and coordinated and rapid deployment 

16 of the Surge Capacity Force established by sec17 tion 304; and 

18 (3) a discussion that— 

19 (A) details the number of employees of the 

20 Department not employed by the Authority 

21 serving in the Surge Capacity Force and the 

22 qualifications or credentials of such individuals; 

23 (B) details the number of individuals not 

24 employed by the Department serving in the 


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1 Surge Capacity Force and the qualifications or 

2 credentials of such individuals; 

3 (C) describes the training given to the 

4 Surge Capacity Force during the last year; 

5 (D) states whether the Surge Capacity 

6 Force is able to adequately prepare for, respond 

7 to, and recover from a natural or man-made 

8 disaster, including catastrophic incident; and 

9 (E) describes any additional authorities or 

10 resources necessary to address any deficiencies 

11 in the Surge Capacity Force. 

12 (d) ANNUAL UPDATES.—Not later than May 1, 

13 2007, and May 1 of each year thereafter until 2012, the 

14 Administrator shall submit to the appropriate committees 

15 of Congress an update of the strategic human capital plan, 

16 including an assessment by the Administrator, using re17 sults-oriented performance measures, of the progress of 

18 the Department and the Authority in implementing the 

19 strategic human capital plan. 

20 (e) COMPTROLLER GENERAL REVIEW.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the Administrator submits the strategic human cap23 ital plan under subsection (b), the Comptroller Gen24 eral of the United States shall submit to the approVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 priate committees of Congress a report evaluating 

2 the plan. 

3 (2) UPDATES.—Not later than 90 days after 

4 the Administrator submits an update of the strategic 

5 human capital plan under subsection (d), the Comp6 troller General shall submit to the appropriate com7 mittees of Congress a report evaluating the updated 

8 plan. 

9 SEC. 302. CAREER PATHS. 

10 (a) IN GENERAL.—The Administrator shall— 

11 (1) ensure that appropriate career paths for 

12 personnel are identified, including the education, 

13 training, experience, and assignments necessary for 

14 career progression within the Authority; and 

15 (2) publish information on the career paths de16 scribed in paragraph (1). 

17 (b) EDUCATION, TRAINING, AND EXPERIENCE.—The 

18 Administrator shall ensure that all personnel of the Au19 thority are provided the opportunity to acquire the edu20 cation, training, and experience necessary to qualify for 

21 promotion within the Authority, including the opportunity 

22 to participate in the Rotation Program established under 

23 section 305. 


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1 (c) POLICY.—The Administrator shall establish a pol2 icy for assigning Authority personnel to positions that pro3 vide for a balance between— 

4 (1) the need for such personnel to serve in ca5 reer enhancing positions; and 

6 (2) the need to require service in a position for 

7 sufficient period of time to provide the stability nec8 essary— 

9 (A) to carry out the duties of that position; 

10 and 

11 (B) for responsibility and accountability 

12 for actions taken in that position. 

13 SEC. 303. NATIONAL HOMELAND SECURITY ACADEMY. 

14 (a) ESTABLISHMENT OF NATIONAL HOMELAND SE15 CURITY ACADEMY.— 

16 (1) IN GENERAL.—Title VIII of the Homeland 

17 Security Act of 2002 (6 U.S.C. 361 et seq.) is 

18 amended by adding after section 801 the following: 

19 ‘‘SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY. 

20 ‘‘(a) ESTABLISHMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary— 

22 ‘‘(A) shall establish the National Home23 land Security Academy (referred to in this sec24 tion as the ‘Academy’) within the Authority; 

25 and 


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1 ‘‘(B) may enter into cooperative agree2 ments with other agencies or entities to utilize 

3 space and provide for the lease of real property 

4 for the Academy or any component of the Acad5 emy. 

6 ‘‘(2) COMPOSITION.—The Academy shall con7 sist of— 

8 ‘‘(A) the National Homeland Security 

9 Education and Strategy Center (referred to in 

10 this section as the ‘Strategy Center’) to provide 

11 fundamental instruction and develop a home12 land security curriculum focusing primarily on 

13 the Federal Government’s overall strategy, 

14 goals, methods, and techniques; 

15 ‘‘(B) a communications network capable of 

16 delivering distance learning opportunities, at 

17 the direction of the Strategy Center; 

18 ‘‘(C) the programs of the Center for 

19 Homeland Defense and Security located at the 

20 Naval Postgraduate School, and such programs 

21 shall be incorporated into the Academy in a 

22 manner to be determined by the Secretary; and 

23 ‘‘(D) the National Homeland Security 

24 Education Network, which— 


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1 ‘‘(i) shall be composed of representa2 tives from all of the academies and train3 ing centers within the jurisdiction of the 

4 Department; 

5 ‘‘(ii) shall work with the Academy to 

6 develop a standardized homeland security 

7 curriculum to be incorporated, as appro8 priate, at each academy and training cen9 ter to ensure that the focus of the indi10 vidual centers is coordinated with the cen11 tralized educational strategies and goals of 

12 the Academy; and 

13 ‘‘(iii) shall not affect the respective 

14 missions and goals of the participating 

15 academies and training centers. 

16 ‘‘(3) MISSION.—The mission of the Academy 

17 shall be to— 

18 ‘‘(A) establish an educational system to— 

19 ‘‘(i) cultivate leaders in homeland se20 curity; and 

21 ‘‘(ii) ensure that Federal, State, local, 

22 tribal, and private sector officials get the 

23 full range of skills needed to provide robust 

24 homeland security; 


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1 ‘‘(B) provide strategic education and train2 ing to carry out the missions of the Department 

3 of Homeland Security; 

4 ‘‘(C) provide cross-disciplinary and joint 

5 education and training to Federal, State, and 

6 local government officials responsible for the di7 rect application and execution of vital homeland 

8 security missions; and 

9 ‘‘(D) focus primarily on shorter-term class10 es and exercises to maximize participation by 

11 the homeland security community. 

12 ‘‘(4) ENROLLMENT TARGET.— 

13 ‘‘(A) IN GENERAL.—The Strategy Center 

14 shall have an initial annual enrollment target of 

15 1,000 resident students, as described in sub16 section (b)(3)(A). 

17 ‘‘(B) NON-RESIDENT STUDENTS.—The en18 rollment target under subparagraph (A) does 

19 not include non-resident students, including 

20 students who participate in electronic learning 

21 systems. 

22 ‘‘(5) RESPONSIBILITIES.— 

23 ‘‘(A) IN GENERAL.—In addition to pro24 viding traditional course work and hands-on 

25 training exercises, the Academy shall encourage 


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1 the development and use of modern technology 

2 to ensure that the training offered at the Acad3 emy, and to organizations and individuals re4 ceiving instruction over electronic learning sys5 tems— 

6 ‘‘(i) is tailored to the unique needs of 

7 the individuals and groups that need train8 ing; 

9 ‘‘(ii) efficiently uses such technology; 

10 and 

11 ‘‘(iii) translates directly into practical 

12 skills. 

13 ‘‘(B) INSTRUCTIONAL MATERIALS.—The 

14 Academy shall develop instructional require15 ments for courses related to its mission that are 

16 supported with materials that are adequately 

17 reviewed and continuously updated. 

18 ‘‘(C) CERTIFICATION.— 

19 ‘‘(i) IN GENERAL.—The Academy may 

20 establish certification criteria for students 

21 in areas related to its mission, in consulta22 tion with the Network established under 

23 subsection (e). 

24 ‘‘(ii) RECERTIFICATION.—The criteria 

25 established under clause (i) shall include 


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1 requirements for recertification and ensure 

2 the availability of needed assessment tools. 

3 ‘‘(D) INFORMATION REPOSITORY.—The 

4 Academy shall provide a repository of approved 

5 instructional materials, instructional software, 

6 and other materials that are easily accessible by 

7 participants. 

8 ‘‘(E) COMMUNICATION NETWORKS.—The 

9 Academy shall certify, and operate, if necessary, 

10 a secure, reliable communication system capable 

11 of delivering instructional materials to partici12 pants at any time and place. 

13 ‘‘(F) INSTRUCTION AND EXPERTISE.—The 

14 Academy shall certify instructors, experts, coun15 selors, and other individuals who can provide 

16 answers and advice to students over commu17 nication systems. 

18 ‘‘(6) STRATEGY CENTER.— 

19 ‘‘(A) RESPONSIBILITIES.—The Strategy 

20 Center shall— 

21 ‘‘(i) provide curriculum development 

22 and classroom instruction for resident stu23 dents that focus on the strategic goals, 

24 methods, and techniques for homeland se25 curity; 


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1 ‘‘(ii) provide instruction— 

2 ‘‘(I) primarily to Federal employ3 ees described under subsection 

4 (b)(3)(A) with homeland security re5 sponsibilities; and 

6 ‘‘(II) to small numbers of State 

7 and local government officials and pri8 vate individuals; and 

9 ‘‘(iii) direct the operation of the Acad10 emy’s electronic learning systems. 

11 ‘‘(B) CURRICULUM.—The curriculum 

12 taught at the Strategy Center shall— 

13 ‘‘(i) include basic education about 

14 homeland security, the Department, and 

15 the relationship of the directorates within 

16 the Department; 

17 ‘‘(ii) include the relationship between 

18 the Department and other Federal, State, 

19 and local agencies with homeland security 

20 responsibilities; and 

21 ‘‘(iii) be developed with assistance 

22 from the National Homeland Security 

23 Education Network. 

24 ‘‘(b) ADMINISTRATION.— 


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1 ‘‘(1) EXECUTIVE DIRECTOR.—The Secretary 

2 shall appoint an Executive Director for the Acad3 emy, who shall— 

4 ‘‘(A) administer the operations of the 

5 Academy; 

6 ‘‘(B) establish an Academic Board, to be 

7 headed by the Dean of the Academic Board, ap8 pointed under paragraph (2); 

9 ‘‘(C) hire initial staff and faculty, as ap10 propriate and necessary; 

11 ‘‘(D) contract with practitioners and ex12 perts, as appropriate, to supplement academic 

13 instruction; and 

14 ‘‘(E) make recommendations to the Sec15 retary regarding long-term staffing and funding 

16 levels for the Academy. 

17 ‘‘(2) DEAN OF THE ACADEMIC BOARD.—The 

18 Executive Director shall appoint, with the approval 

19 of the Secretary, a permanent professor to serve as 

20 Dean of the Academic Board and perform such du21 ties as the Executive Director may prescribe. 

22 ‘‘(3) DIRECTOR OF ADMISSIONS.—The Execu23 tive Director shall appoint, with the approval of the 

24 Secretary, a Director of Admissions, who shall— 


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1 ‘‘(A) grant admission to the Strategy Cen2 ter to— 

3 ‘‘(i) new employees of the Depart4 ment, who have clear homeland security re5 sponsibilities; 

6 ‘‘(ii) mid-level executive employees of 

7 the Department, including employees that 

8 receive academy or other training, who 

9 demonstrate a need for cross-disciplinary 

10 or advanced education and training and 

11 have been endorsed by the appropriate 

12 Under Secretary; 

13 ‘‘(iii) other Federal employees with 

14 homeland security responsibilities who have 

15 been endorsed by the head of their agency; 

16 ‘‘(iv) State and local employees who— 

17 ‘‘(I) demonstrate a clear respon18 sibility for providing homeland secu19 rity; and 

20 ‘‘(II) possess the nomination of 

21 the Governor of their State, or Head 

22 of applicable jurisdiction; and 

23 ‘‘(v) private sector applicants who 

24 demonstrate a clear responsibility for pro25 viding homeland security; 


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1 ‘‘(B) ensure that students from each level 

2 of government and the private sector are in3 cluded in all programs and classes, whenever 

4 appropriate; and 

5 ‘‘(C) perform such duties as the Executive 

6 Director may prescribe. 

7 ‘‘(c) BOARD OF VISITORS.— 

8 ‘‘(1) ESTABLISHMENT.—Before the Academy 

9 admits any students, the Secretary shall establish a 

10 Board of Visitors (in this section referred to as the 

11 ‘Board’) to— 

12 ‘‘(A) assist in the development of cur13 riculum and programs at the Academy; and 

14 ‘‘(B) recommend the site for the location 

15 of the Strategy Center. 

16 ‘‘(2) MEMBERSHIP.— 

17 ‘‘(A) COMPOSITION.—The Board will be 

18 composed of— 

19 ‘‘(i) the Secretary, or designee, who 

20 shall serve as chair; 

21 ‘‘(ii) the Executive Director of the 

22 Academy, or designee, who shall be a non23 voting member; 


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1 ‘‘(iii) the Chairman of the Committee 

2 on Homeland Security and Governmental 

3 Affairs of the Senate, or designee; 

4 ‘‘(iv) the Ranking Member of the 

5 Committee on Homeland Security and 

6 Governmental Affairs of the Senate, or 

7 designee; 

8 ‘‘(v) the Chairman of the Committee 

9 on Homeland Security of the House of 

10 Representatives, or designee; 

11 ‘‘(vi) the Ranking Member of the 

12 Committee on Homeland Security of the 

13 House of Representatives, or designee; 

14 ‘‘(vii) the Secretary of Health and 

15 Human Services, or designee; 

16 ‘‘(viii) the Secretary of Defense, or 

17 designee; 

18 ‘‘(ix) the Secretary of Education, or 

19 designee; 

20 ‘‘(x) the Secretary of Transportation, 

21 or designee; 

22 ‘‘(xi) the Director of the Federal Bu23 reau of Investigation, or designee; 

24 ‘‘(xii) 4 persons, who shall be ap25 pointed by the Secretary for 2-year terms 


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1 to represent State and local governments; 

2 and 

3 ‘‘(xiii) 4 persons, who shall be ap4 pointed by the Secretary for 2-year terms 

5 to represent first responders. 

6 ‘‘(B) PROHIBITION.—Any person described 

7 under subparagraph (A), whose membership on 

8 the Board would create a conflict of interest, 

9 shall not serve as a member of the Board. 

10 ‘‘(C) VACANCIES.—If a member of the 

11 Board dies or resigns from office, the official 

12 who designated the member shall designate a 

13 successor for the unexpired portion of the term. 

14 ‘‘(3) DUTIES.— 

15 ‘‘(A) ACADEMY VISITS.—The Board shall 

16 visit the Academy not less than annually, and 

17 may, with the approval of the Secretary, make 

18 other visits to the Academy in connection with 

19 the duties of the Board or to consult with the 

20 Executive Director of the Academy. 

21 ‘‘(B) INQUIRIES.—The Board shall inquire 

22 into the curriculum, instruction, physical equip23 ment, fiscal affairs, academic methods, student 

24 body composition, and other matters relating to 


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1 the Academy that the Board decides to con2 sider. 

3 ‘‘(C) REPORTS.— 

4 ‘‘(i) ANNUAL REPORT.—Not later 

5 than 60 days after each annual visit, the 

6 Board shall submit a written report to the 

7 Secretary, which describes its action, and 

8 of its views and recommendations per9 taining to the Academy. 

10 ‘‘(ii) ADDITIONAL REPORTS.—Any re11 port of a visit, other than the annual visit, 

12 shall, if approved by a majority of the 

13 members of the Board, be submitted to the 

14 Secretary not later than 60 days after the 

15 approval. 

16 ‘‘(4) TRAVEL EXPENSES.—The members of the 

17 Board shall be allowed travel expenses, including per 

18 diem in lieu of subsistence, at rates authorized for 

19 employees of agencies under subchapter I of chapter 

20 57 of title 5, United States Code, while away from 

21 their homes or regular places of business in the per22 formance of services for the Board. 

23 ‘‘(d) REPORTS TO CONGRESS.— 

24 ‘‘(1) CURRICULUM AND ATTENDANCE.—The 

25 Secretary shall submit an annual report that deVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 scribes the curriculum of, and enrollment at, the 

2 Academy to— 

3 ‘‘(A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 ‘‘(B) the Committee on Homeland Security 

6 of the House of Representatives. 

7 ‘‘(2) FEASIBILITY REPORT.—Not later than 1 

8 year after the establishment of the Academy, the 

9 Secretary shall submit a report to the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate and the Committee on Homeland Security of 

12 the House of Representatives that— 

13 ‘‘(A) recommends an appropriate combina14 tion of students from Federal, State, and local 

15 government and the private sector, and the per16 centage of costs related to the education of each 

17 of these student groups that should be reim18 bursable; 

19 ‘‘(B) describes the feasibility of expanding 

20 the Academy in regional offices of the Authority 

21 or other government or university programs to 

22 provide ongoing education and training for Fed23 eral employees with homeland security respon24 sibilities; and 


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1 ‘‘(C) describes the feasibility of providing 

2 education for the general public through elec3 tronic learning systems. 

4 ‘‘(e) NATIONAL HOMELAND SECURITY EDUCATION

5 NETWORK.— 

6 ‘‘(1) ESTABLISHMENT.—The Executive Direc7 tor of the Academy shall establish a National Home8 land Security Education Network (referred to in this 

9 section as the ‘Network’), as described under sub10 section (a)(2)(B). 

11 ‘‘(2) MEMBERSHIP.—The Network shall be 

12 comprised of representatives from Federal training 

13 and certification organizations, including— 

14 ‘‘(A) the National Homeland Security 

15 Academy; 

16 ‘‘(B) the Office of Domestic Preparedness; 

17 ‘‘(C) the National Domestic Preparedness 

18 Consortium; 

19 ‘‘(D) the Center for Homeland Defense 

20 and Security at the Naval Postgraduate School; 

21 ‘‘(E) the Federal Law Enforcement Train22 ing Center, including all schools or training and 

23 education programs managed or co-located with 

24 the Center; 


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1 ‘‘(F) the Customs and Border Protection 

2 Academy; 

3 ‘‘(G) the Border Patrol Academy; 

4 ‘‘(H) the Bureau of Immigration and Cus5 toms Enforcement Academy; 

6 ‘‘(I) the Secret Service Academy; 

7 ‘‘(J) the United States Coast Guard Acad8 emy, including all schools within the jurisdiction 

9 of the Coast Guard Academy; 

10 ‘‘(K) the Emergency Management Insti11 tute; 

12 ‘‘(L) the Animal and Plant Health Inspec13 tion Service Training Program; 

14 ‘‘(M) the Federal Air Marshal Training 

15 Center; 

16 ‘‘(N) the National Fire Academy; and 

17 ‘‘(O) other relevant training facilities with18 in the Department. 

19 ‘‘(3) CURRICULUM REQUIREMENTS.—The cur20 riculum and course work developed as part of the 

21 Network shall be incorporated into the curriculum of 

22 the institutions listed under paragraph (2), as ap23 propriate, to ensure that students at these institu24 tions understand how their homeland security re25 sponsibilities relate to other homeland security reVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 sponsibilities in the Department and other Federal, 

2 State, and local agencies. The training centers and 

3 academies listed under paragraph (2) shall retain 

4 their respective missions and goals. 

5 ‘‘(4) SEMI-ANNUAL MEETINGS.—The Executive 

6 Director and the Dean of the Academic Board shall 

7 meet with the Network not less than once every 6 

8 months to— 

9 ‘‘(A) discuss curriculum requirements; and 

10 ‘‘(B) coordinate training activities within 

11 the Network. 

12 ‘‘(5) REPORTS.—Not later than 2 years after 

13 the date of enactment of this section, and every 2 

14 years thereafter, the Network shall submit a report 

15 to the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate and the Committee 

17 on Homeland Security of the House of Representa18 tives, which describes the Network’s— 

19 ‘‘(A) strategy for using advanced instruc20 tional technologies; 

21 ‘‘(B) plans for future improvement; and 

22 ‘‘(C) success in working with other organi23 zations in achieving the goals described under 

24 subparagraphs (A) and (B).’’. 


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1 (2) TECHNICAL AMENDMENT.—Section 1(b) of 

2 the Homeland Security Act of 2002 (Public Law 

3 107–296) is amended by inserting after the item re4 lating to section 801 the following: 

‘‘Sec. 802. National Homeland Security Academy’’. 

5 (b) STATE AND LOCAL EDUCATION AND TRAINING

6 COORDINATOR.—The Secretary, through the Adminis7 trator, shall appoint a State and Local Education and 

8 Training Coordinator, who shall— 

9 (1) serve as the primary point of contact be10 tween Federal, State, and local training facilities, 

11 the National Homeland Security Academy, and the 

12 Authority, in order to— 

13 (A) maximize the ability of the Academy to 

14 identify non-Academy programs that meet spe15 cific training goals and are crucial to the Na16 tion’s homeland security mission; and 

17 (B) assist the Academy and the Authority 

18 in determining where to direct Federal training 

19 funds; and 

20 (2) at least semiannually, conduct meetings 

21 with a coalition of State and local education and 

22 training facilities to— 

23 (A) allow State and local fire, rescue, and 

24 law enforcement training facilities to provide 


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1 input on decisions made concerning the training 

2 of first responders; and 

3 (B) increase curriculum coordination be4 tween the Academy and Federal, State, and 

5 local facilities. 

6 SEC. 304. SURGE CAPACITY FORCE. 

7 (a) DEFINITION.—In this section, the term ‘‘Surge 

8 Capacity Force’’ means the Surge Capacity Force estab9 lished under subsection (b). 

10 (b) ESTABLISHMENT.— 

11 (1) IN GENERAL.—The Administrator shall es12 tablish a Surge Capacity Force for deployment of in13 dividuals for natural or man-made disasters, includ14 ing catastrophic incidents, as determined by the Ad15 ministrator. 

16 (2) EMPLOYEES DESIGNATED TO SERVE.—The 

17 Secretary shall designate employees of the Depart18 ment who are not employees of the Authority to 

19 serve on the Surge Capacity Force. 

20 (c) CAPABILITIES.—The Administrator shall— 

21 (1) include a sufficient number of individuals 

22 credentialed in accordance with section 205 that are 

23 capable of deploying rapidly and efficiently after ac24 tivation to prepare for, respond to, and recover from 


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1 a natural or man-made disaster, including a cata2 strophic incident; and 

3 (2) include a sufficient number of full-time, 

4 highly-trained individuals credentialed in accordance 

5 with section 205 to lead and manage the Surge Ca6 pacity Force. 

7 (d) TRAINING.—The Administrator shall provide ap8 propriate and continuous training to individuals serving 

9 in the Surge Capacity Force to ensure such personnel are 

10 adequately trained on the Authority’s programs and poli11 cies relevant to assistance provided by the Authority as 

12 a result of an emergency or major disaster. 

13 (e) DATABASE.—The Administrator shall establish 

14 and maintain a database regarding the members of the 

15 Surge Capacity Force that includes the skills, qualifica16 tions, and disaster management experience of such mem17 bers. 

18 (f) ANNUITANTS.—If an individual receiving an an19 nuity from the Civil Service Retirement and Disability 

20 Fund becomes temporarily reemployed under this section, 

21 such annuity shall not be discontinued on that basis. An 

22 individual so reemployed as a Surge Capacity Force em23 ployee shall not be considered an employee for the pur24 poses of chapter 83 or 84 of title 5, United States Code. 


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1 (g) NO IMPACT ON AUTHORITY PERSONNEL CEIL2 ING.—Surge Capacity Force members under this section 

3 shall not be counted against any personnel ceiling applica4 ble to the Authority. 

5 (h) EXPENSES.—The Administrator may provide 

6 members of the Surge Capacity Force with travel ex7 penses, including per diem in lieu of subsistence, at rates 

8 authorized for employees of agencies under subchapter I 

9 of chapter 57 of title 5, United States Code, for the pur10 pose of participating in any training that relates to service 

11 as a member of the Surge Capacity Force. 

12 SEC. 305. ESTABLISHMENT OF HOMELAND SECURITY ROTA13 TION PROGRAM AT THE DEPARTMENT OF 

14 HOMELAND SECURITY. 

15 (a) ESTABLISHMENT.— 

16 (1) IN GENERAL.—Title VIII of the Homeland 

17 Security Act of 2002 (6 U.S.C. 361 et seq.) is 

18 amended by inserting after section 843 the fol19 lowing: 

20 ‘‘SEC. 844. HOMELAND SECURITY ROTATION PROGRAM. 

21 ‘‘(a) ESTABLISHMENT.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this section, the Sec24 retary shall establish the Homeland Security Rota25 tion Program (in this section referred to as the ‘RoVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 tation Program’) for employees of the Department. 

2 The Rotation Program shall use applicable best 

3 practices, including those from the Chief Human 

4 Capital Officers Council. 

5 ‘‘(2) GOALS.—The Rotation Program estab6 lished by the Secretary shall— 

7 ‘‘(A) be established in accordance with the 

8 Human Capital Strategic Plan of the Depart9 ment; 

10 ‘‘(B) provide middle and senior level em11 ployees in the Department the opportunity to 

12 broaden their knowledge through exposure to 

13 other components of the Department; 

14 ‘‘(C) expand the knowledge base of the De15 partment by providing for rotational assign16 ments of employees to other components; 

17 ‘‘(D) build professional relationships and 

18 contacts among the employees in the Depart19 ment; 

20 ‘‘(E) invigorate the workforce with exciting 

21 and professionally rewarding opportunities; 

22 ‘‘(F) incorporate Department human cap23 ital strategic plans and activities, and address 

24 critical human capital deficiencies, recruitment 

25 and retention efforts, and succession planning 


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1 within the Federal workforce of the Depart2 ment; and 

3 ‘‘(G) complement and incorporate (but not 

4 replace) rotational programs within the Depart5 ment in effect on the date of enactment of this 

6 section. 

7 ‘‘(3) ADMINISTRATION.— 

8 ‘‘(A) IN GENERAL.—The Chief Human 

9 Capital Officer shall administer the Rotation 

10 Program. 

11 ‘‘(B) RESPONSIBILITIES.—The Chief 

12 Human Capital Officer shall— 

13 ‘‘(i) provide oversight of the establish14 ment and implementation of the Rotation 

15 Program; 

16 ‘‘(ii) establish a framework that sup17 ports the goals of the Rotation Program 

18 and promotes cross-disciplinary rotational 

19 opportunities; 

20 ‘‘(iii) establish eligibility for employees 

21 to participate in the Rotation Program and 

22 select participants from employees who 

23 apply; 

24 ‘‘(iv) establish incentives for employ25 ees to participate in the Rotation Program, 


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1 including promotions and employment 

2 preferences; 

3 ‘‘(v) ensure that the Rotation Pro4 gram provides professional education and 

5 training; 

6 ‘‘(vi) ensure that the Rotation Pro7 gram develops qualified employees and fu8 ture leaders with broad-based experience 

9 throughout the Department; 

10 ‘‘(vii) provide for greater interaction 

11 among employees in components of the De12 partment; and 

13 ‘‘(viii) coordinate with rotational pro14 grams within the Department in effect on 

15 the date of enactment of this section. 

16 ‘‘(4) ALLOWANCES, PRIVILEGES, AND BENE17 FITS.—All allowances, privileges, rights, seniority, 

18 and other benefits of employees participating in the 

19 Rotation Program shall be preserved. 

20 ‘‘(5) REPORTING.—Not later than 180 days 

21 after the date of the establishment of the Rotation 

22 Program, the Secretary shall submit a report on the 

23 status of the Rotation Program, including a descrip24 tion of the Rotation Program, the number of em25 ployees participating, and how the Rotation Program 


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1 is used in succession planning and leadership devel2 opment to— 

3 ‘‘(A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 ‘‘(B) the Committee on Homeland Security 

6 of the House of Representatives; and 

7 ‘‘(C) the Committee on Government Re8 form of the House of Representatives.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—Section 1(b) of the Homeland Security Act 

11 of 2002 (6 U.S.C. 101) is amended by inserting 

12 after the item relating to section 843 the following: 

‘‘Sec. 844. Homeland Security Rotation Program’’. 

13 SEC. 306. QUARTERLY REPORT ON VACANCY RATE IN EM14 PLOYEE POSITIONS. 

15 (a) DEFINITION.—In this section the term ‘‘appro16 priate committees of Congress’’ means— 

17 (1) the Committee on Homeland Security and 

18 Governmental Affairs of the Senate; and 

19 (2) the Committee on Homeland Security and 

20 the Committee on Government Reform of the House 

21 of Representatives. 

22 (b) INITIAL REPORT.— 

23 (1) IN GENERAL.—Not later than 3 months 

24 after the date of enactment of this Act, the Adminis25 trator shall develop and submit to the appropriate 


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1 committees of Congress a report on the vacancies in 

2 employee positions of the Federal Emergency Man3 agement Agency on the day before the date of enact4 ment of this Act and the vacancies in employee posi5 tions the Authority established under this Act. 

6 (2) CONTENTS.—The report under this sub7 section shall include— 

8 (A) vacancies of each category of employee 

9 position; 

10 (B) the number of applicants for each va11 cancy for which public notice has been given; 

12 (C) the length of time that each vacancy 

13 has been pending; 

14 (D) hiring-cycle time for each vacancy that 

15 has been filled; and 

16 (E) a plan for reducing the hiring-cycle 

17 time and reducing the current and anticipated 

18 vacancies with highly-qualified personnel. 

19 (c) QUARTERLY UPDATES.—Not later than 3 months 

20 after submission of the initial report, and every 3 months 

21 thereafter until 5 years after the date of enactment of this 

22 Act, the Administrator shall submit to the appropriate 

23 committees of Congress an update of the report under 

24 subsection (b), including an assessment by the Adminis25 trator of the progress of the Authority in filling vacant 


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1 employee positions of the Federal Emergency Manage2 ment Agency on the day before the date of enactment to 

3 this Act, and vacant employee positions of the Authority 

4 established under this Act. 

5 TITLE IV—PLANNING, 

6 PREPAREDNESS, AND TRAINING 

7 SEC. 401. DEFINITION. 

8 In this title, the term ‘‘Emergency Support Function 

9 Annex’’ means an Emergency Support Function Annex to 

10 the National Response Plan. 

11 SEC. 402. EMERGENCY RESPONSE FRAMEWORK. 

12 (a) IN GENERAL.—The Secretary, acting through the 

13 Administrator, shall employ the National Incident Man14 agement System and the National Response Plan as the 

15 framework for emergency response and domestic incident 

16 management. 

17 (b) USE BY FEDERAL AGENCIES.— 

18 (1) NATIONAL RESPONSE PLAN.—The National 

19 Response Plan shall be the governing plan for any 

20 Federal involvement or assistance in a natural or 

21 man-made disaster or other incident of national sig22 nificance. 

23 (2) NATIONAL INCIDENT MANAGEMENT SYS24 TEM.—The National Incident Management System 

25 shall be the incident management system for any 


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1 Federal involvement or assistance in a natural or 

2 manmade disaster or other incident of national sig3 nificance. 

4 SEC. 403. REVIEW OF THE NATIONAL RESPONSE PLAN. 

5 (a) REVIEW AND REVISION OF PLAN.— 

6 (1) IN GENERAL.—Not later than May 1, 2007, 

7 the Secretary, acting through the Administrator, and 

8 in conjunction with the Federal agencies and non9 governmental organizations that are signatories to 

10 the National Response Plan and with the National 

11 Advisory Council, shall— 

12 (A) conduct a comprehensive review of the 

13 adequacy of the National Response Plan, in14 cluding incorporating lessons learned from Hur15 ricane Katrina of 2005; and 

16 (B) revise and update the National Re17 sponse Plan, as appropriate, to incorporate the 

18 findings of the review under subparagraph (A) 

19 and the changes to the National Response Plan 

20 required under paragraph (2). 

21 (2) CHANGES REQUIRED.—The comprehensive 

22 review and update required under paragraph (1) 

23 shall ensure the following: 

24 (A) PRINCIPAL FEDERAL OFFICIAL.— 


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1 (i) IN GENERAL.—That the position 

2 of Principal Federal Official under the Na3 tional Response Plan is eliminated. 

4 (ii) CHAIN OF COMMAND.—That the 

5 National Response Plan provides for a 

6 clear chain of command to lead and coordi7 nate the Federal response to any natural 

8 or man-made disaster. The chain of the 

9 command specified in the National Re10 sponse Plan shall provide for a role for the 

11 Administrator consistent with the Adminis12 trator’s role as the principal emergency 

13 preparedness and response advisor to the 

14 President, the Homeland Security Council, 

15 and the Secretary under section 512(c)(4) 

16 of the Homeland Security Act of 2002 and 

17 the Administrator’s responsibility to man18 age the response of the Federal Govern19 ment to a natural or man-made disaster 

20 under section 513(a)(4) of that Act and 

21 shall provide for a role for the Federal Co22 ordinating Officer consistent with the re23 sponsibilities under section 302(b) of the 

24 Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 

2 5143(b). 

3 (iii) INCIDENTS OF NATIONAL SIG4 NIFICANCE THAT ARE NOT STAFFORD ACT

5 DECLARATIONS.—The President or the 

6 Secretary may designate a Federal coordi7 nating officer for Incidents of National 

8 Significance or other domestic incidents 

9 not considered an emergency or major dis10 aster under the Robert T. Stafford Dis11 aster Relief and Emergency Assistance 

12 Act. In such cases, the Federal coordi13 nating officer shall have all the authorities 

14 and responsibilities the Federal coordi15 nating officer would have under section 

16 302 (b) of the Robert T. Stafford Disaster 

17 Relief and Emergency Assistance Act (42 

18 U.S.C. 5143(b)), in addition to any others 

19 the President, the Secretary, or the Ad20 ministrator may assign. 

21 (B) MASS CARE, HOUSING, AND HUMAN

22 SERVICES EMERGENCY SUPPORT FUNCTION.— 

23 That, in consultation with the Department of 

24 Justice and the Department of Health and 

25 Human Services, the National Response Plan 


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1 includes measures to reunify families separated 

2 after a major disaster or catastrophic event, in3 cluding the location of missing children, and 

4 that the appropriate agency or quasi-govern5 mental organization is assigned timely responsi6 bility for that task. 

7 (C) PUBLIC HEALTH AND MEDICAL EMER8 GENCY SUPPORT FUNCTION.—That, in con9 sultation with the Secretary of Health and 

10 Human Services and other relevant Federal 

11 agencies, the National Response Plan, including 

12 any Emergency Support Function Annex relat13 ing to public health and medical services— 

14 (i) addresses the public health and 

15 medical needs of evacuees, special-needs 

16 populations, and the general population 

17 that is affected by a natural or man-made 

18 disaster; and 

19 (ii) assigns and clarifies the responsi20 bility for mortuary activities. 

21 (D) SEARCH AND RESCUE.—That, in con22 sultation with the member agencies or depart23 ments of the National Search and Rescue Com24 mittee, the National Response Plan, including 


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1 Emergency Support Function Annex 9 (relating 

2 to urban search and rescue)— 

3 (i) addresses the full range of search 

4 and rescue requirements and environments 

5 for natural and man-made disasters; and 

6 (ii) designates coordinating, primary, 

7 and supporting agencies appropriate to a 

8 range of environments of natural or man9 made disasters. 

10 (E) SENIOR FEDERAL LAW ENFORCEMENT

11 OFFICER.—That, in consultation with the At12 torney General, the National Response Plan 

13 clearly describes— 

14 (i) the roles and responsibilities of the 

15 Senior Federal Law Enforcement Officer; 

16 (ii) how the roles and responsibilities 

17 of the Senior Federal Law Enforcement 

18 Officer relate to the roles and responsibil19 ities of other law enforcement entities; and 

20 (iii) how the roles and responsibilities 

21 of the Senior Federal Law Enforcement 

22 Officer relate to the roles and responsibil23 ities of Federal agencies provided for 

24 under Emergency Support Function Annex 


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1 13 of the National Response Plan (relating 

2 to public safety and security). 

3 (F) INFRASTRUCTURE PROTECTION EMER4 GENCY SUPPORT FUNCTION.—That, in con5 sultation with other Federal departments and 

6 agencies responsible for infrastructure restora7 tion, the need for an additional emergency sup8 port function annex within the National Re9 sponse Plan focused on the identification, pro10 tection, resiliency, and restoration of critical in11 frastructure and key resources is considered. 

12 (G) MARITIME SALVAGE.—That, in con13 sultation with the Commandant of the Coast 

14 Guard, the Secretary of the Navy, and the 

15 Chief Engineer of the United States Army 

16 Corps of Engineers, the National Response 

17 Plan— 

18 (i) assigns a single Federal agency to 

19 coordinate maritime-salvage needs during a 

20 natural or man-made disaster; 

21 (ii) clarifies the responsibilities of the 

22 coordinating agency assigned under clause 

23 (i) and other Federal agencies relating to 

24 maritime salvage; and 


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1 (iii) considers the need for an addi2 tional Emergency Support Function Annex 

3 within the National Response Plan focused 

4 on maritime salvage and wreck removal. 

5 (H) CATASTROPHIC INCIDENTS.—The 

6 timely completion of the Catastrophic Incident 

7 Supplement to the National Response Plan, and 

8 that the Catastrophic Incident Supplement ef9 fectively addresses response requirements in the 

10 event of a catastrophic incident. 

11 (3) CONSULTATION WITH STATE AND LOCAL

12 GOVERNMENTS.—In reviewing and revising the Na13 tional Response Plan under paragraph (1), and in 

14 making any subsequent significant revision of the 

15 National Response Plan, the Secretary and the Ad16 ministrator shall, to the fullest extent possible, con17 sult with State and local government officials, in18 cluding through the National Advisory Council. 

19 (4) ACCESSIBILITY.—In revising or updating 

20 the National Response Plan under paragraph 

21 (1)(B), and in any subsequent revision of the Na22 tional Response Plan, the Secretary, acting through 

23 the Administrator, shall ensure that the National 

24 Response Plan is written in a manner that provides 

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1 formation, and whenever possible, uses plain 

2 English. 

3 (b) REPORTING.— 

4 (1) IN GENERAL.—The Secretary, acting 

5 through the Administrator, shall submit to the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate and the Committee on Homeland 

8 Security of the House of Representatives— 

9 (A) not later than May 1, 2007, a report 

10 on the results of its review under subsection 

11 (a), including a detailed discussion of how the 

12 changes to the National Response Plan de13 scribed in subsection (a)(2) have been imple14 mented; and 

15 (B) after May 1, 2007, a copy of any pro16 posed change, not later than 30 days before the 

17 date of implementing that proposed change to 

18 the National Response Plan. 

19 SEC. 404. PLANNING AND PREPAREDNESS. 

20 (a) IN GENERAL.—The Secretary, acting through the 

21 Administrator, in conjunction with other Federal depart22 ments and agencies with coordinating, primary, and sup23 porting roles under the National Response Plan and its 

24 annexes, and in consultation with State and local govern25 ment officials, including through the National Advisory 


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1 Council, shall develop a unified system of strategic and 

2 operational plans to respond effectively to natural or man3 made disasters, in support of the National Response Plan. 

4 These plans shall include plans for specific geographic re5 gions and for specific types of high-risk events, and shall 

6 include, at a minimum, the following elements: 

7 (1) Concepts of operation for appropriate dis8 aster and catastrophic incidents. 

9 (2) Critical tasks and Department and Agency 

10 responsibilities, consistent with the National Re11 sponse Plan and all Emergency Support Functions. 

12 (3) Detailed resource and personnel require13 ments and sourcing for the accomplishment of crit14 ical tasks and capabilities. 

15 (4) Creation and maintenance of asset inven16 tories by departments and agencies with Emergency 

17 Support Function responsibilities. 

18 (5) Incorporation of deployable interagency 

19 headquarters units, including crisis planning teams, 

20 to manage the response and to ensure unity of effort 

21 by all response organizations. 

22 (6) Provision for special needs populations in 

23 all planning. 

24 (b) CATASTROPHIC PLANNING.— 


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1 (1) IN GENERAL.—In carrying out the require2 ments of subsection (a), the Administrator shall de3 velop comprehensive operational plans to respond to 

4 catastrophic incidents. 

5 (2) CONTENTS.—The plans developed under 

6 paragraph (1)— 

7 (A) shall include the elements under sub8 section (a); and 

9 (B) shall— 

10 (i) be based on specific identified na11 tional and regional risks; 

12 (ii) be developed in conjunction with 

13 State and local government officials and 

14 other relevant Federal departments and 

15 agencies; 

16 (iii) provide for the surge capacity 

17 necessary to respond proportionately to the 

18 scale of the event; 

19 (iv) provide, where necessary and ap20 propriate for the proactive, rapid, and self21 sustaining deployment and integration of 

22 Federal resources and personnel essential 

23 to save lives, prevent suffering, and pre24 serve property or public health and safety; 


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1 (v) address the implementation of the 

2 appropriate means of ensuring continuity 

3 of government and command structures in 

4 the affected area; 

5 (vi) include planning for the emer6 gency sheltering, accommodation (includ7 ing details on feeding, protecting, and 

8 managing), relocation, transportation, 

9 placement, and long-term housing of large 

10 populations of displaced victims in the 

11 event of a catastrophic incident, that in12 cludes identifying housing options in dif13 ferent regions of the country, site options 

14 for temporary, semi-permanent, and per15 manent housing, and available land and 

16 property that could serve to shelter mass 

17 populations during catastrophic events; 

18 and 

19 (vii) address the recovery of areas af20 fected by the catastrophe. 

21 (c) STANDARDS AND GUIDANCE.—The Secretary, 

22 acting through the Administrator, shall— 

23 (1) provide clear standardization, guidance, and 

24 assistance with planning at the Federal, State, and 

25 local levels; and 


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1 (2) ensure— 

2 (A) a common terminology, approach and 

3 framework for all strategic and operational 

4 planning; and 

5 (B) that planning considers current 

6 threats, both natural and man-made. 

7 (d) PLANNING.— 

8 (1) IN GENERAL.—Planning under subsections 

9 (a) and (b) shall, at a minimum, address the fol10 lowing matters: 

11 (A) HEALTH AND MEDICAL.— 

12 (i) IN GENERAL.—Preparedness and 

13 deployment of health and medical re14 sources, including clearly defining the re15 sponsibility for logistics, security, and 

16 other support assets, and the ability to 

17 track these resources. 

18 (ii) NATIONAL DISASTER MEDICAL

19 SYSTEM.—With respect to the National 

20 Disaster Medical System, the provision of 

21 resources to equip, staff and train National 

22 Disaster Medical System teams, transpor23 tation, logistics and communications capa24 bilities, and training and outreach proVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 grams and patient triage and tracking ca2 pabilities. 

3 (B) HUMAN SERVICES.—Operational plans 

4 for the expeditious location of missing children 

5 and the reunification of families, to include— 

6 (i) clarification of the role of the Na7 tional Center for Missing and Exploited 

8 Children; 

9 (ii) appropriate coordination and in10 formation-sharing between the Authority, 

11 the Department of Justice, the National 

12 Center for Missing and Exploited Children, 

13 the Department of Health and Human 

14 Services, the Red Cross, other relevant 

15 nongovernmental organizations, and Fed16 eral, State, and local emergency manage17 ment and law enforcement agencies, in18 cluding the development of advance cooper19 ative agreements as necessary to facilitate 

20 implementation during response; and 

21 (iii) appropriate public information 

22 gathering and dissemination mechanisms. 

23 (C) SEARCH AND RESCUE.—In consulta24 tion with the National Search and Rescue Com25 mittee, development of a National Search and 


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1 Rescue Plan that includes the search and res2 cue requirements of a multi-environment (air, 

3 water, or land) disaster including, providing for 

4 a unified coordination structure, asset deploy5 ment, a communications network, and sharing 

6 of information with state and local search and 

7 rescue units. 

8 (D) EVACUATION.—In coordination with 

9 State and local governments, plans to support 

10 mass evacuations in advance of, or following, a 

11 natural or manmade disaster, that address— 

12 (i) keeping families together through13 out evacuation and sheltering; 

14 (ii) populations lacking the means to 

15 evacuate themselves and individuals with 

16 special needs; 

17 (iii) policies and provisions for evacu18 ating pets; 

19 (iv) the deployment and employment 

20 of various transportation modes necessary 

21 to expedite mass evacuations, together with 

22 appropriate security escorts; 

23 (v) information and guidance to the 

24 public; and 


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1 (vi) short-term and long-term shel2 tering following evacuation. 

3 (E) COORDINATION WITH DEPARTMENT OF

4 DEFENSE.—In conjunction with the Depart5 ment of Defense, including the United States 

6 Northern Command, the United States Pacific 

7 Command, the National Guard Bureau, and the 

8 National Advisory Council, develop plans for 

9 military support of civilian authorities under 

10 the National Response Plan, including— 

11 (i) the coordinated deployment, and 

12 the reception, staging, onward movement, 

13 and integration of appropriate units and 

14 personnel of the regular components and 

15 reserve components of the Armed Forces 

16 in response to natural and man-made dis17 asters under the National Response Plan; 

18 (ii) the coordination, command, and 

19 control of units and personnel in order to 

20 facilitate and ensure integrated military 

21 support for the response to natural and 

22 man-made disasters under the National 

23 Response Plan; 

24 (iii) the identification of response as25 sets (including helicopters, boats, medical 


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1 supplies and personnel, food and water, 

2 communications equipment, and other as3 sets) required for military support for the 

4 response to natural and man-made disas5 ters under the National Response Plan, 

6 and the development of procedures and 

7 guidelines for the pre-positioning or pre-as8 sembly of such assets; 

9 (iv) procedures for expedited requests 

10 and approvals of Federal payment for, or 

11 Federal reimbursement of, the costs of the 

12 States in deploying members of the Na13 tional Guard in State status under the Na14 tional Response Plan; 

15 (v) procedures for coordination be16 tween the Department of Defense and the 

17 State governments to ensure that the mili18 tary support provided under the National 

19 Response Plan meets applicable State re20 quirements; 

21 (vi) procedures for identifying units 

22 and personnel of the regular components of 

23 the Armed Forces that have capabilities 

24 suitable for purposes of providing military 


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1 support to natural and man-made disasters 

2 under the National Response Plan; 

3 (vii) military support for the distribu4 tion by the Department and the Authority 

5 of basic commodities in response to a cata6 strophic event; and 

7 (viii) plans for the timely and appro8 priate employment of reconnaissance assets 

9 to ensure situational awareness throughout 

10 the Federal Government in the wake of a 

11 natural or man-made disaster or cata12 strophic incident. 

13 (F) PRIVATE SECTOR AND NONGOVERN14 MENTAL ORGANIZATIONS.—To the extent pos15 sible, and appropriate, incorporate coordination 

16 with and integration of support from the pri17 vate sector and nongovernmental organizations 

18 whether in accordance with, or in the absence 

19 of, prior agreements. Planning shall also incor20 porate the means to communicate and coordi21 nate with such entities during response efforts. 

22 (G) MARITIME SALVAGE.—In coordination 

23 with Federal, State, or local government agen24 cies that have or may have maritime salvage re25 sponsibilities, including the United States Coast 


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1 Guard, the United States Navy, the Authority, 

2 and the United States Army Corps of Engi3 neers, plans to allow salvage to proceed in a 

4 timely manner during a natural or man-made 

5 disaster and, where appropriate, provide for a 

6 national emergency salvage contract to one or 

7 more qualified national salvors that would allow 

8 immediate access to commercial salvage assets. 

9 (e) NATIONAL AND INTER-AGENCY PREPARED10 NESS.—The Secretary, acting through the Administrator, 

11 shall ensure the following: 

12 (1) ASSET INVENTORY.—In conjunction with 

13 the appropriate Federal agencies and departments 

14 with coordinating, primary, and supporting respon15 sibilities under the National Response Plan, the de16 velopment of an inventory of Federal resources, in17 cluding assets and personnel with particular skills 

18 that are available for deployment and employment in 

19 response to natural and man-made disasters. 

20 (2) PRESCRIPTED MISSION ASSIGNMENTS.—To 

21 the extent practicable and where appropriate, the de22 velopment of prescripted mission assignments in 

23 conjunction with the appropriate Federal agencies 

24 and departments with coordinating, primary and 


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1 supporting responsibilities under the National Re2 sponse Plan. 

3 (3) REPRESENTATION AT MILITARY COM4 MANDS.—In consultation with the Department of 

5 Defense— 

6 (A) the determination of appropriate rep7 resentatives of the Department to the United 

8 States Northern Command and, as appropriate, 

9 the United States Pacific Command; and 

10 (B) the integration of such representatives 

11 into national planning, training, exercising, and 

12 responses to a natural or man-made disaster to 

13 promote better coordination. 

14 (4) COORDINATION WITH DEPARTMENT OF

15 HEALTH AND HUMAN SERVICES.—Not later than 

16 March 1, 2007, the Secretary of Homeland Security 

17 and the Secretary of Health and Human Services 

18 shall— 

19 (A) establish a memorandum of under20 standing defining the respective roles and re21 sponsibilities of their respective departments in 

22 providing for public health and medical care 

23 under the National Response Plan or in the 

24 event that the Secretary of Health and Human 

25 Services declares a public health emergency 


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1 under section 319 of the Public Health Service 

2 Act (42 U.S.C. 300hh et. seq.) and for coordi3 nating their respective activities in such an 

4 event, including but not limited to deployment, 

5 operational control and re-supply of National 

6 Disaster Medical System and Metropolitan 

7 Medical Response System assets; and 

8 (B) create a pilot project for establishing 

9 ‘‘special needs registries’’ in which individuals 

10 could voluntarily enroll. The registries would in11 clude an individual’s location, medical needs, 

12 transportation needs, mobility, emergency con13 tact information, etc., and which emergency and 

14 evacuation personnel and transportation pro15 viders would be used in the event of an emer16 gency to best meet the needs of special needs 

17 individuals and seniors in the community. 

18 (f) REPORTS.— 

19 (1) IN GENERAL.—Not later than May 1, 2007, 

20 and annually thereafter until May 1, 2017, the Sec21 retary of Homeland Security, acting through the Ad22 ministrator, shall submit a report to the Committee 

23 on Homeland Security and Governmental Affairs of 

24 the Senate and the Committee on Homeland Secu25 rity of the House of Representatives describing all 


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1 Federal planning and preparedness efforts relating 

2 to the National Response Plan, including an evalua3 tion of the status of national disaster planning, par4 ticularly for catastrophic incidents. 

5 (2) INITIAL REPORT.—The initial report sub6 mitted under paragraph (1) shall include findings on 

7 the status and progress in completing the national 

8 operational plans described in subsections (a) 

9 through (d) and the preparedness efforts described 

10 in subsection (e). 

11 SEC. 405. TRAINING AND EXERCISES. 

12 (a) IN GENERAL.—The Administrator, in conjunction 

13 with other Federal departments and agencies with coordi14 nating, primary, or support functions under the National 

15 Response Plan and in consultation with the National Advi16 sory Committee, shall develop and implement a national 

17 training and exercise program to prepare for a fully co18 ordinated and effective national response to natural and 

19 man-made disasters. 

20 (b) REQUIREMENTS.—The training and exercise pro21 gram under subsection (a) shall at a minimum include the 

22 following: 

23 (1) STATE AND EMERGENCY MANAGEMENT OR24 GANIZATIONS.—With respect to State and emer25 gency organizations— 


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1 (A) incorporate input from States and 

2 emergency management organizations in devel3 oping the national exercise and training pro4 grams under subsection (a); and 

5 (B) develop exercise and training programs 

6 for States and emergency management organi7 zations relating to conducting disaster and cat8 astrophic response training and exercises on the 

9 National Response Plan, State disaster plans, 

10 the Catastrophic Incident Annex to the Na11 tional Response Plan, and operational plans de12 veloped under section 404. 

13 (2) INCORPORATION OF DISASTER RESPONSE

14 ENTITIES.—Incorporate all Federal departments and 

15 agencies with any responsibilities under the National 

16 Response Plan, emergency agencies of State and 

17 local governments, and first responder groups out18 side of government, including exercises relating to 

19 large-scale natural and man-made disasters, includ20 ing catastrophic incidents, that simulate the partial 

21 or complete incapacitation of emergency response 

22 providers from State and local government. 

23 (3) SCOPE.—Programs to address the unique 

24 requirements of the various special needs popu25 lations. 


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1 (4) SURGE CAPACITY.—A training program on 

2 disaster response and recovery for employees of the 

3 Federal government designated as part of the surge 

4 capacity of the Federal Government, including dis5 aster assistance employees. 

6 (5) SENIOR OFFICIALS.—A training program 

7 that ensures that senior level officials from Federal 

8 agencies and departments with responsibilities under 

9 the National Response Plan, including senior mili10 tary officers and officials with responsibilities related 

11 to mitigation, preparedness, response, and recovery 

12 from a natural or man-made disaster on a national 

13 level are trained in the National Response Plan, Na14 tional Incident Management System, and, as appro15 priate, the Defense Support to Civil Authorities mis16 sion of the Department of Defense. 

17 (6) ELECTED OFFICIALS.—A training program 

18 for Federal, State, and local government elected offi19 cials regarding the National Response Plan, Na20 tional Incident Management System, and, as appro21 priate, the Defense Support to Civil Authorities mis22 sion of the Department of Defense. 

23 (7) PROCEDURES.—Procedures for imple24 menting lessons learned from exercises into disaster 

25 response plans and programs. 


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1 (c) REPORTS.— 

2 (1) IN GENERAL.—Not later than May 1, 2007, 

3 and annually thereafter until May 1, 2017, the Ad4 ministrator shall submit to the Committee on Home5 land Security and Governmental Affairs of the Sen6 ate and the Committee on Homeland Security of the 

7 House of Representatives a report regarding the de8 velopment and implementation of national exercise 

9 and training programs under subsection (a) by the 

10 Administrator. 

11 (2) INITIAL REPORT.—The initial report sub12 mitted under paragraph (1) shall describe the status 

13 and progress of the national exercise and training 

14 programs under subsection (b). 

15 SEC. 406. EMERGENCY SUPPORT FUNCTION ASSURANCE 

16 PROGRAMS. 

17 (a) ENTITY REPORTS AND CERTIFICATION.—Not 

18 later than February 1, 2007, and annually thereafter, 

19 each agency or entity designated as a primary or support 

20 organization for any emergency support function under 

21 the National Response Plan and annexes thereof shall pro22 vide the coordinating organization for that emergency sup23 port function with a detailed description of its plan to ful24 fill its responsibilities under such Plan and annexes, in25 cluding identification of key personnel and organizations 


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1 or offices responsible for such functions, and the staffing 

2 and budget allocated for these purposes for the current 

3 year and staffing and budget needs for the succeeding 

4 year. Each such agency or entity shall include in each such 

5 report a certification that the agency or entity is capable 

6 and prepared to fulfill its responsibilities under such Plan 

7 and annexes. If such agency or entity concludes that the 

8 agency or entity is not capable and prepared, the agency 

9 or entity should submit a remedial plan to the Adminis10 trator and the coordinating organization for the relevant 

11 emergency support function. 

12 (b) COORDINATING ORGANIZATION REPORTS AND

13 CERTIFICATION.—Each agency or entity designated as the 

14 coordinating organizations under the National Response 

15 Plan and annexes thereof shall evaluate plans submitted 

16 by the primary and support agencies or entities in sub17 section (a). Not later than March 1, 2007, and annually 

18 thereafter, each coordinating organization for an emer19 gency support function under the Plan and its annexes 

20 thereof shall provide the Administrator with a detailed de21 scription of its coordinated plan with primary and support 

22 entities or agencies for the relevant emergency support 

23 function to fulfill its responsibilities under the Plan and 

24 its annexes thereof, including identification of key per25 sonnel and organizations or offices responsible for such 


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1 functions, and the staffing and budget allocated for these 

2 purposes for the current year and staffing and budget 

3 needs for the succeeding year. Each such agency or entity 

4 shall include in each such report a certification that the 

5 coordinating, primary, and support agencies or entities are 

6 capable and prepared to fulfill their responsibilities under 

7 such Plan and annexes. If such agency or entity concludes 

8 that the coordinating, primary, or support agency or entity 

9 is not capable and prepared, the agency or entity should 

10 submit a remedial plan to the Administrator and the co11 ordinating organization for the relevant emergency sup12 port function. 

13 (c) EVALUATION AND REPORT TO CONGRESS BY THE

14 ADMINISTRATOR.— 

15 (1) IN GENERAL.—The Administrator shall en16 sure that each agency or entity designated as a co17 ordinating, primary, or support organization under 

18 the National Response Plan and annexes thereof is 

19 capable and prepared to carry out its responsibilities 

20 including appropriate operational plans, staffing, re21 sources, and training. 

22 (2) REPORTS.—Not later than June 1, 2007, 

23 and annually thereafter, the Administrator shall sub24 mit a report to the Committee on Homeland Secu25 rity and Governmental Affairs of the Senate and the 


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1 Homeland Security Committee of the House of Rep2 resentatives that— 

3 (A) evaluates and verifies the readiness of 

4 such agencies or entities for the purposes under 

5 paragraph (1); 

6 (B) includes an appendix that identifies 

7 the level of funding and staffing each agency or 

8 entity has designated to meet its responsibilities 

9 under the National Response Plan; and 

10 (C) in those cases where the Administrator 

11 determines that an agency or entity is not capa12 ble or prepared to fulfill its responsibilities, 

13 identifies the deficiencies and develops an alter14 native mechanism to ensure that the necessary 

15 capabilities are in place to meet the require16 ments of the plan. 

17 TITLE V—PREVENTION OF 

18 FRAUD, WASTE, AND ABUSE 

19 DURING EMERGENCIES 

20 SEC. 501. PROHIBITION ON EXCESSIVE PASS-THROUGH 

21 CHARGES. 

22 (a) REGULATIONS REQUIRED.—Not later than 120 

23 days after the date of the enactment of this Act, the Ad24 ministrator for Federal Procurement Policy shall prescribe 

25 regulations prohibiting excessive pass-through charges on 


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1 contracts or subcontracts (or task or delivery orders) that 

2 are entered into for or on behalf of an executive agency 

3 that are in excess of the simplified acquisition threshold, 

4 as specified in section 4(11) of the Office of Federal Pro5 curement Policy Act (41 U.S.C. 403(11)). 

6 (b) SCOPE OF REGULATIONS.—The regulations pre7 scribed under this section shall not apply to any firm, 

8 fixed-price contract or subcontract (or task or delivery 

9 order) that is— 

10 (1) awarded on the basis of adequate price com11 petition; or 

12 (2) for the acquisition of a commercial item, as 

13 defined in section 4(12) of the Office of Federal 

14 Procurement Policy Act (41 U.S.C. 403(12)). 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘excessive pass-through charge’’ 

17 means a charge by a covered contractor or subcon18 tractor for overhead or profit on work performed by 

19 a covered lower-tier contractor (other than charges 

20 for the direct costs of managing lower-tier contracts 

21 and overhead and profit based on such direct costs). 

22 (2) The term ‘‘covered contractor’’ means the 

23 following: 

24 (A) A contractor that assigns work ac25 counting for more than 90 percent of the cost 


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1 of contract performance (not including overhead 

2 or profit) to subcontractors. 

3 (B) In the case of a contract providing for 

4 the development or production of a system of 

5 systems, a contractor that assigns work ac6 counting for more than 90 percent of the cost 

7 of contract performance (not including overhead 

8 or profit) for any particular system under such 

9 contract to subcontractors. 

10 (3) The term ‘‘covered lower-tier contractor’’ 

11 means the following: 

12 (A) With respect to a covered contractor 

13 described by paragraph (2)(A) in a contract, 

14 any lower-tier subcontractor under such con15 tract. 

16 (B) With respect to a covered contractor 

17 described by paragraph (2)(B) in a contract, 

18 any lower-tier subcontractor on a system under 

19 such contract for which such covered contractor 

20 has assigned work accounting for more than 90 

21 percent of the cost of contract performance (not 

22 including overhead or profit). 

23 (4) The term ‘‘executive agency’’ has the mean24 ing given such term in section 4 of the Office of 

25 Federal Procurement Policy Act (41 U.S.C. 403). 


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1 (d) EFFECTIVE DATE.—The regulations prescribed 

2 under this section shall apply to contracts awarded on or 

3 after the date that is 120 days after the date of the enact4 ment of this Act. 

5 (e) GAO REPORT.—Not later than 180 days after the 

6 date of enactment of this Act, the Comptroller General 

7 shall submit a report to Congress that— 

8 (1) determines the total number all contracts 

9 and subcontracts described under subsection (a) en10 tered into during the 2-year period preceding the 

11 date of enactment of this Act to carry out the Rob12 ert T. Stafford Disaster Relief and Emergency As13 sistance Act or relating to Hurricane Katrina; 

14 (2) determines the number of the contracts and 

15 subcontracts described under paragraph (1) of this 

16 subsection to which the prohibition under subsection 

17 (a) would have applied if this section had been in ef18 fect during that 2-year period; and 

19 (3) determines the number of the contracts and 

20 subcontracts described under paragraph (1) of this 

21 subsection to which the prohibition under subsection 

22 (a) would have applied if— 

23 (A) this section had been in effect during 

24 that 2-year period; and 


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1 (B) the term ‘‘80 percent’’ is substituted 

2 for the term ‘‘90 percent’’ each place it appears 

3 in subsection (c). 

4 SEC. 502. FRAUD PREVENTION PROGRAMS. 

5 (a) REPORT.— 

6 (1) ANALYSIS.—The Secretary shall submit to 

7 the Committee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee on 

9 Homeland Security of the House of Representatives 

10 a report containing an analysis of fraud prevention 

11 programs used by the Department in connection 

12 with assistance programs. The analysis should as13 sess, among other relevant issues, the effectiveness 

14 of, and adherence to, the fraud prevention controls 

15 used in such programs for registration and payment 

16 processes. 

17 (2) RECOMMENDATIONS.—The report required 

18 under this subsection shall include recommendations 

19 for additional fraud prevention controls, including 

20 requiring that data provided by registrants be vali21 dated against other Federal Government or third22 party sources to determine the accuracy of identi23 fication and residence information. 

24 (b) TRAINING.—The Secretary shall conduct training 

25 on fraud awareness for key Department personnel, includVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 ing contracting officers and the Surge Capacity Force es2 tablished under section 304(b), for the purpose of pre3 venting fraud in the assistance programs of the Depart4 ment. 

5 SEC. 503. CONTINGENCY CONTRACTING CORPS. 

6 (a) ESTABLISHMENT AND PURPOSE.—The Director 

7 of the Office of Management and Budget, in consultation 

8 with the heads of other relevant executive agencies, is au9 thorized to establish and maintain a Contingency Con10 tracting Corps (hereafter in this section referred to as the 

11 ‘‘Corps’’). The Corps shall be composed of contracting of12 ficers of executive agencies who are trained and available 

13 to perform on a temporary and volunteer basis services 

14 necessary to assist agencies with contracting activities 

15 during emergencies. 

16 (b) SERVICE.—An employee of an executive agency 

17 shall receive the approval of such agency prior to per18 forming services for the Corps under subsection (a) that 

19 reduce substantially the amount of time such employee is 

20 able to perform his or her normal job functions, and may 

21 perform such services for not more than one year. An em22 ployee performing services for the Corps in accordance 

23 with this subsection shall not be removed from his or her 

24 job as a result of performing such services. 


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1 (c) TRAINING.—Members of the Corps shall receive 

2 training on contingency contracting from the Defense Ac3 quisition University or the Federal Acquisition Institute. 

4 The training shall be provided using available funds in the 

5 Acquisition Workforce Training Fund established under 

6 section 37(h)(3)(A) of the Office of Federal Procurement 

7 Policy Act (41 U.S.C. 433(h)(3)(A)). 

8 (d) CONTINGENCY CONTRACTING REGULATIONS.— 

9 Not later than 180 days after the date of enactment of 

10 this Act, the Administrator of the Office of Federal Pro11 curement Policy shall revise the Federal Acquisition Regu12 lation to compile the relevant sections relating to contin13 gency contracting into a single chapter or annex. 

14 SEC. 504. VERIFICATION MEASURES FOR INDIVIDUALS AND 

15 HOUSEHOLDS PROGRAM. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Administrator shall prescribe regula18 tions— 

19 (1) establishing an identity verification process 

20 for Individuals and Households Program (IHP) reg21 istrants applying via the Internet or by telephone to 

22 provide reasonable assurance that disaster assistance 

23 payments are made only to qualified individuals; 

24 (2) developing procedures to improve the exist25 ing review process of duplicate registrations conVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 taining the exact same social security numbers and 

2 to identify the reasons why registrations flagged as 

3 invalid or as potential duplicates have been over4 ridden and approved for payment; 

5 (3) establishing an address verification process 

6 for IHP registrants applying via the Internet or by 

7 telephone to provide reasonable assurance that dis8 aster assistance payments are made only to qualified 

9 individuals; 

10 (4) establishing procedures for entering into 

11 agreements with other agencies, such as the Social 

12 Security Administration, to periodically authenticate 

13 information contained in the IHP registrations; 

14 (5) establishing procedures to collect duplicate 

15 expedited assistance payments or to offset these 

16 amounts against future payments; 

17 (6) ensuring that future distributions of IHP 

18 debit cards include instructions on the proper use of 

19 IHP funds, similar to those instructions provided to 

20 recipients of IHP checks and electronic fund trans21 fers, to prevent improper usage; 

22 (7) ensuring that any systems or processes es23 tablished pursuant to paragraphs (1) through (6) 

24 are fully tested before implementation for quality as25 surance; and 


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1 (8) providing an expedited and simplified review 

2 and appeal process for IHP registrants whose dis3 aster assistance applications are denied. 

4 SEC. 505. INFORMATION TECHNOLOGY SYSTEMS. 

5 The Secretary shall ensure that information tech6 nology systems have functions to help ensure the validity 

7 of claims for assistance under the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42 U.S.C. 

9 5121 et seq.), to deter waste, fraud, and abuse. 

10 SEC. 506. REGISTRY OF DEBRIS CONTRACTORS. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘registry’’ means the registry cre13 ated under subsection (b); and 

14 (2) the terms ‘‘small business concern’’, ‘‘small 

15 business concern owned and controlled by socially 

16 and economically disadvantaged individuals’’, ‘‘small 

17 business concern owned and controlled by women’’, 

18 and ‘‘small business concern owned and controlled 

19 by service-disabled veterans’’ have the meanings 

20 given those terms under the Small Business Act (15 

21 U.S.C. 631 et seq.). 

22 (b) REGISTRY.— 

23 (1) IN GENERAL.—The Administrator shall cre24 ate a registry of contractors who are capable of per25 forming debris removal, distribution of supplies, reVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 construction, and other disaster or emergency relief 

2 activities. 

3 (2) CONTENTS.—The registry shall include, for 

4 each business concern— 

5 (A) the name of the business concern; 

6 (B) the location of the business concern; 

7 (C) the area served by the business con8 cern; 

9 (D) the type of good or service provided by 

10 the business concern; and 

11 (E) whether the business concern is— 

12 (i) a small business concern; 

13 (ii) a small business concern owned 

14 and controlled by socially and economically 

15 disadvantaged individuals; 

16 (iii) a small business concern owned 

17 and controlled by women; or 

18 (iv) a small business concern owned 

19 and controlled by service-disabled veterans. 

20 (3) SOURCE OF INFORMATION.— 

21 (A) SUBMISSION.—Information maintained 

22 in the registry shall be submitted on a vol23 untary basis by business concerns. 


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1 (B) ATTESTATION.—Each business con2 cern submitting information to the registry 

3 shall submit— 

4 (i) an attestation that the information 

5 is true; and 

6 (ii) documentation supporting such at7 testation. 

8 (C) VERIFICATION.—The Administrator of 

9 the United States Emergency Management Au10 thority shall verify that the documentation sub11 mitted by each business concern supports the 

12 information submitted by that business concern. 

13 (D) ENFORCEMENT PENALTIES FOR MIS14 REPRESENTATION.—Any business concern that 

15 misrepresents the status of that business con16 cern as a small business concern, a small busi17 ness concern owned and controlled by socially 

18 and economically disadvantaged individuals, a 

19 small business concern owned and controlled by 

20 women, or a small business concern owned and 

21 controlled by service-disabled veterans shall be 

22 subject to the criminal and civil provisions of 

23 section 1001 of title 18, United States Code, 

24 and sections 3729 through 3733 of title 31, 

25 United States Code. 


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1 (4) AVAILABILITY OF REGISTRY.—The registry 

2 shall be made generally available on the Internet site 

3 of the United States Emergency Management Au4 thority . 

5 (5) CONSULTATION OF REGISTRY.—As part of 

6 the acquisition planning for contracting for debris 

7 removal, distribution of supplies in a disaster, recon8 struction, and other disaster or emergency relief ac9 tivities, a Federal agency shall consult the registry. 

10 SEC. 507. USE OF CERTAIN SUPPLY SCHEDULES. 

11 Section 502(c) of title 40, United States Code, is 

12 amended by striking paragraph (1) and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—The Administrator may 

15 provide for the use by State or local governments of 

16 Federal supply schedules of the General Services Ad17 ministration for— 

18 ‘‘(A) automated data processing equipment 

19 (including firmware), software, supplies, sup20 port equipment, and services (as contained in 

21 Federal supply classification code group 70); 

22 and 

23 ‘‘(B) procurement of supplies or services to 

24 be used to prepare for or respond to a emer25 gency or major disaster declared by the PresiVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 dent under the Robert T. Stafford Disaster Re2 lief and Emergency Assistance Act (42 U.S.C. 

3 5121 et seq).’’. 

4 SEC. 508. USE OF LOCAL FIRMS AND INDIVIDUALS. 

5 The Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5121 et seq.) is amended 

7 by striking section 307 and inserting the following: 

8 ‘‘SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS. 

9 ‘‘(a) CONTRACTS OR AGREEMENTS WITH PRIVATE

10 ENTITIES.— 

11 ‘‘(1) IN GENERAL.—In the expenditure of Fed12 eral funds for debris clearance, distribution of sup13 plies, reconstruction, and other major disaster or 

14 emergency assistance activities which may be carried 

15 out by contract or agreement with private organiza16 tions, firms, or individuals, preference shall be given, 

17 to the maximum extent practicable, to those organi18 zations, firms, and individuals residing or doing 

19 business primarily in the area affected by such 

20 major disaster or emergency. 

21 ‘‘(2) CONSTRUCTION.—This subsection shall 

22 not be considered to restrict the use of Department 

23 of Defense resources under this Act in the provision 

24 of assistance in a major disaster. 

25 ‘‘(b) IMPLEMENTATION.— 


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1 ‘‘(1) CONTRACTS NOT TO ENTITIES IN AREA.— 

2 Any expenditure of Federal funds for debris clear3 ance, distribution of supplies, reconstruction, and 

4 other major disaster or emergency assistance activi5 ties which may be carried out by contract or agree6 ment with private organizations, firms, or individ7 uals, not awarded to an organization, firm, or indi8 vidual residing or doing business primarily in the 

9 area affected by such major disaster shall be justi10 fied in writing in the contract file. 

11 ‘‘(2) TRANSITION.—To the maximum extent 

12 feasible and practicable, following the declaration of 

13 an emergency or major disaster, an agency per14 forming response, relief, and reconstruction activities 

15 shall transition work performed under contracts in 

16 effect on the date on which the President declares 

17 the emergency or major disaster to organizations, 

18 firms, and individuals residing or doing business pri19 marily in any area affected by the major disaster or 

20 emergency.’’. 

21 SEC. 509. ADVANCE CONTRACTING. 

22 (a) INITIAL REPORT.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this Act, the AdminisVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6401 E:\BILLS\S3721.RS S3721

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1 trator shall submit a report under paragraph (2) 

2 identifying— 

3 (A) recurring disaster response require4 ments, including specific goods and services, for 

5 which the Authority is capable of contracting 

6 for in advance of natural or man-made disasters 

7 in a cost effective manner; 

8 (B) recurring disaster response require9 ments, including specific goods and services, for 

10 which the Authority can not contract in ad11 vance of a natural or manmade disaster in a 

12 cost-effective manner; and 

13 (C) a contracting strategy that maximizes 

14 the use of advance contracts to the extent prac15 tical and cost effective. 

16 (2) SUBMISSION.—The report under paragraph 

17 (1) shall be submitted to— 

18 (A) the Committee on Homeland Security 

19 and Governmental Affairs the Senate; and 

20 (B) the Committee on Homeland Security 

21 of the House of Representatives. 

22 (b) ENTERING INTO CONTRACTS.—Not later than 1 

23 year after the date of enactment of this Act, the Adminis24 trator shall enter into 1 or more contracts through the 

25 use of competitive procedures for each type of goods or 


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1 services identified under subsection (a)(1)(A), and in ac2 cordance with the contracting strategy identified in sub3 section (a)(1)(C). Any contract for goods or services iden4 tified in subsection (a)(1)(A) previously awarded under 

5 competitive procedures may be maintained in fulfilling this 

6 requirement. 

7 (c) MAINTENANCE OF CONTRACTS.—After the date 

8 described under subsection (b), the Administrator shall 

9 have the responsibility to maintain contracts for appro10 priate levels of goods and services in accordance with sub11 section (a)(1)(C). 

12 (d) REPORT ON CONTRACTS NOT USING COMPETI13 TIVE PROCEDURES.—At the end of each fiscal quarter, be14 ginning with the first fiscal quarter occurring at least 90 

15 days after the date of enactment of this Act, the Adminis16 trator shall submit a report on each disaster assistance 

17 contract entered into by the Authority by other than com18 petitive procedures to— 

19 (1) the Committee on Homeland Security and 

20 Governmental Affairs the Senate; and 

21 (2) the Committee on Homeland Security of the 

22 House of Representatives. 


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1 TITLE VI—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated— 

6 (1) for fiscal year 2007— 

7 (A) $249,000,000 for ‘‘Administrative and 

8 Regional Operations’’; and 

9 (B) $240,000,000 for ‘‘Readiness, Mitiga10 tion, Response, and Recovery’’; 

11 (2) for fiscal year 2008— 

12 (A) $273,900,000 for ‘‘Administrative and 

13 Regional Operations’’; and 

14 (B) $264,000,000 for ‘‘Readiness, Mitiga15 tion, Response, and Recovery’’; and 

16 (3) for fiscal year 2009— 

17 (A) $301,290,000 for ‘‘Administrative and 

18 Regional Operations’’; and 

19 (B) $290,400,000 for ‘‘Readiness, Mitiga20 tion, Response, and Recovery’’. 

21 (b) COMMUNICATIONS.—There are authorized to be 

22 appropriated— 

23 (1) to carry out section 528 of the Homeland 

24 Security Act of 2002 (as amended by this Act), 

25 $4,000,000 for each of fiscal years 2007 through 


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1 2010, and such amounts appropriated under this 

2 section shall remain available for 3 fiscal years after 

3 the date on which such funds are appropriated; and 

4 (2) to carry out section 558 of the Homeland 

5 Security Act of 2002 (as added by this Act)— 

6 (A) $400,000,000 for fiscal year 2007; 

7 (B) $500,000,000 for fiscal year 2008; 

8 (C) $600,000,000 for fiscal year 2009; 

9 (D) $800,000,000 for fiscal year 2010; 

10 (E) $1,000,000,000 for fiscal year 2011; 

11 and 

12 (F) such sums as are necessary for each 

13 fiscal year thereafter; and 

14 (3) for the operations of the Office for Emer15 gency Communications and to carry out subtitle B 

16 of title V of the Homeland Security Act of 2002 ex17 cept for section 558 (as added by this Act)— 

18 (A) $127,232,000 for fiscal year 2007; 

19 (B) $126,549,000 for fiscal year 2008; 

20 (C) $125,845,000 for fiscal year 2009; 

21 (D) $125,121,000 for fiscal year 2010; 

22 and 

23 (E) such sums as are necessary for each 

24 fiscal year thereafter. 


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1 (c) OTHER AUTHORIZATIONS.—Except as provided 

2 in subsections (b) and (c), there are authorized to be ap3 propriated such sums as are necessary to carry out this 

4 Act, and the amendments made by this Act. 

5 SEC. 602. EFFECTIVE DATE. 

6 This Act and the amendments made by this Act shall 

7 take affect on January 1, 2007. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Post-Katrina Emergency 

10 Management Reform Act of 2006’’. 

11 SEC. 2. TABLE OF CONTENTS. 

12 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—NATIONAL PREPAREDNESS AND RESPONSE 

Sec. 101. Federal Emergency Management Agency. 

Sec. 102. Conforming amendments relating to intelligence reform. 

Sec. 103. Border interoperability demonstration projects. 

Sec. 104. Technical and conforming amendments. 

TITLE II—STAFFORD ACT AMENDMENTS 

Sec. 201. General Federal assistance. 

Sec. 202. National Disaster Recovery Strategy. 

Sec. 203. Mitigation. 

Sec. 204. Disaster housing strategy. 

Sec. 205. Essential services. 

Sec. 206. Hazard mitigation grant program formula. 

Sec. 207. Housing assistance. 

Sec. 208. Maximum amount under individual assistance programs. 

Sec. 209. Coordinating officers. 

Sec. 210. Definitions. 

Sec. 211. Catastrophic damage assistance. 

Sec. 212. Individuals with disabilities. 

Sec. 213. Disability coordinator. 

Sec. 214. Accessible housing. 

Sec. 215. GAO study on accessibility of emergency shelters. 

Sec. 216. Reunification. 

Sec. 217. National Emergency Family Registry and Locator System. 


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Sec. 218. Federal assistance to individuals and households. 

Sec. 219. Mental health services. 

Sec. 220. Disaster related information services. 

Sec. 221. Guidelines for State and local emergency preparedness operational 

plans. 

Sec. 222. Transportation assistance and case management services to individuals 

and households. 

Sec. 223. Non-Federal assistance. 

Sec. 224. Disaster coordination. 

Sec. 225. Public facilities. 

Sec. 226. Volunteer housing. 

Sec. 227. Housing rehabilitation. 

Sec. 228. Debris removal contracting. 

Sec. 229. Emergency housing for victims. 

TITLE III—STAFFING IMPROVEMENTS 

Sec. 301. Strategic human capital plan. 

Sec. 302. Career paths. 

Sec. 303. National Homeland Security Academy. 

Sec. 304. Surge Capacity Force. 

Sec. 305. Establishment of Homeland Security Rotation Program at the Department of Homeland Security. 

Sec. 306. Quarterly report on vacancy rate in employee positions. 

Sec. 307. Report by the Inspector General. 

TITLE IV—PLANNING, PREPAREDNESS, AND TRAINING 

Sec. 401. Definition. 

Sec. 402. Emergency response framework. 

Sec. 403. Review of the National Response Plan. 

Sec. 404. Planning and preparedness. 

Sec. 405. Training and exercises. 

Sec. 406. Emergency support function assurance programs. 

TITLE V—PREVENTION OF FRAUD, WASTE, AND ABUSE 

Sec. 501. Prohibition on excessive pass-through charges. 

Sec. 502. Fraud prevention programs. 

Sec. 503. Contingency Contracting Corps and regulations. 

Sec. 504. Verification measures for Individuals and Households Program. 

Sec. 505. Information technology systems. 

Sec. 506. Registry of disaster response contractors. 

Sec. 507. Use of certain supply schedules. 

Sec. 508. Use of local firms and individuals. 

Sec. 509. Advance contracting. 

Sec. 510. Purchase card waste elimination. 

Sec. 511. Management of purchase cards. 

Sec. 512. GAO report on compliance with the Single Audit Act of 1984. 

Sec. 513. GAO report on improper payments. 

Sec. 514. GAO report on contracts with certain small business concerns. 

Sec. 515. Chief Financial Officer for Catastrophic Incidents and Long-term Recovery Offices. 


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TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Authorization of appropriations. 

Sec. 602. Effective date. 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Administrator’’ means the Admin4 istrator of the Agency; 

5 (2) the term ‘‘Agency’’ means the Federal Emer6 gency Management Agency; 

7 (3) the term ‘‘catastrophic incident’’— 

8 (A) means any natural or man-made dis9 aster that results in extraordinary levels of cas10 ualties or damage, mass evacuations, or disrup11 tion severely affecting the population, infrastruc12 ture, environment, economy, national morale, or 

13 government functions in an area; and 

14 (B) may include an incident— 

15 (i) with a sustained national impact 

16 over a prolonged period of time; 

17 (ii) that may rapidly exceed resources 

18 available to State and local government and 

19 private-sector authorities in the impacted 

20 area; or 

21 (iii) that may significantly interrupt 

22 governmental operations and emergency 


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1 services to such an extent that national se2 curity could be threatened; 

3 (4) the term ‘‘Department’’ means the Depart4 ment of Homeland Security; 

5 (5) the terms ‘‘emergency’’ and ‘‘major disaster’’ 

6 have the meanings given the terms in section 102 of 

7 the Robert T. Stafford Disaster Relief and Emergency 

8 Assistance Act (42 U.S.C. 5122); 

9 (6) the term ‘‘emergency management’’ means 

10 the governmental function that coordinates and inte11 grates all activities necessary to build, sustain, and 

12 improve the capability to prepare for, respond to, 

13 mitigate against, or recover from a threatened or ac14 tual act of terrorism, natural disaster, or other emer15 gency; 

16 (7) the term ‘‘emergency manager’’ means an in17 dividual whose primary responsibility it is to per18 form the functions of emergency management; 

19 (8) the term ‘‘emergency response provider’’ has 

20 the meaning given the term in section 2 of the Home21 land Security Act of 2002 (6 U.S.C. 101); 

22 (9) the term ‘‘Federal coordinating officer’’ 

23 means a Federal coordinating officer as described in 

24 section 302 of the Robert T. Stafford Disaster Relief 

25 and Emergency Assistance Act (42 U.S.C. 5143); 


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1 (10) the term ‘‘individual with a disability’’ has 

2 the meaning given the term in section 3 of the Ameri3 cans with Disabilities Act of 1990 (42 U.S.C. 12102); 

4 (11) the term ‘‘National Advisory Council’’ 

5 means the National Advisory Council on Prepared6 ness and Response established under section 518 of the 

7 Homeland Security Act of 2002, as amended by this 

8 Act; 

9 (12) the term ‘‘National Incident Management 

10 System’’ means the National Incident Management 

11 System as described in the National Response Plan; 

12 (13) the term ‘‘National Response Plan’’ means 

13 the National Response Plan prepared under Home14 land Security Presidential Directive 5 or any presi15 dential directive meant to replace or augment that di16 rective; 

17 (14) the term ‘‘Regional Office’’ means a Re18 gional Office established under section 517 of the 

19 Homeland Security Act of 2002, as amended by this 

20 Act; 

21 (15) the term ‘‘Regional Office strike team’’ 

22 means a Regional Office strike team established under 

23 section 517 of the Homeland Security Act of 2002, as 

24 amended by this Act; 


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1 (16) the term ‘‘Secretary’’ means the Secretary of 

2 Homeland Security; and 

3 (17) the term ‘‘surge capacity’’ means the ability 

4 to rapidly and substantially increase the provision of 

5 search and rescue capabilities, food, water, medicine, 

6 shelter and housing, medical care, evacuation capac7 ity, staffing (including disaster assistance employees), 

8 and other resources necessary to save lives and protect 

9 property during a catastrophic incident. 

10 TITLE I—NATIONAL 

11 PREPAREDNESS AND RESPONSE 

12 SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY. 

13 Title V of the Homeland Security Act of 2002 (6 

14 U.S.C. 311 et seq.) is amended— 

15 (1) by striking the title heading and inserting 

16 the following: 

17 ‘‘TITLE V—NATIONAL 

18 EMERGENCY MANAGEMENT’’; 

19 (2) by striking sections 501 through 503; 

20 (3) by striking sections 506 and 507; 

21 (4) by redesignating sections 504, 505, 508, and 

22 509 as sections 540, 541, 542, and 543, respectively; 

23 (5) by redesignating section 510 (relating to pro24 curement of security countermeasures for the strategic 

25 national stockpile) as section 544; 


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1 (6) by redesignating section 510 (relating to 

2 urban and other high risk area communications capa3 bilities) as section 545; 

4 (7) by inserting before section 540, as so redesig5 nated by this section, the following: 

6 ‘‘SEC. 501. DEFINITIONS. 

7 ‘‘In this title— 

8 ‘‘(1) the term ‘all-hazards-plus’ means an ap9 proach to preparedness, response, recovery, and miti10 gation that emphasizes the development of capabilities 

11 that are common to natural and man-made disasters, 

12 while also including the development of capabilities 

13 that are uniquely relevant to specific types of disas14 ters; 

15 ‘‘(2) the term ‘Administrator’ means the Admin16 istrator of the Agency; 

17 ‘‘(3) the term ‘Agency’ means the Federal Emer18 gency Management Agency; 

19 ‘‘(4) the term ‘catastrophic incident’— 

20 ‘‘(A) means any natural or man-made dis21 aster that results in extraordinary levels of cas22 ualties or damage, mass evacuations, or disrup23 tion severely affecting the population, infrastruc24 ture, environment, economy, national morale, or 

25 government functions in an area; and 


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1 ‘‘(B) may include an incident— 

2 ‘‘(i) with a sustained national impact 

3 over a prolonged period of time; 

4 ‘‘(ii) that may rapidly exceed resources 

5 available to State and local government and 

6 private-sector authorities in the impacted 

7 area; or 

8 ‘‘(iii) that may significantly interrupt 

9 governmental operations and emergency 

10 services to such an extent that national se11 curity could be threatened; 

12 ‘‘(5) the term ‘emergency communications capa13 bilities’ means the ability to provide and maintain, 

14 throughout an emergency response operation, a con15 tinuous flow of information among emergency re16 sponse providers, emergency response agencies, and 

17 government officials from multiple disciplines and ju18 risdictions and at all levels of government, in the 

19 event of a natural or man-made disaster (including 

20 where there has been significant damage to, or de21 struction of, critical infrastructure (including sub22 stantial loss of ordinary telecommunications infra23 structure and sustained loss of electricity)); 

24 ‘‘(6) the term ‘Federal coordinating officer’ 

25 means a Federal coordinating officer as described in 


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1 section 302 of the Robert T. Stafford Disaster Relief 

2 and Emergency Assistance Act (42 U.S.C. 5143); 

3 ‘‘(7) the terms ‘interoperable emergency commu4 nications system’ and ‘communications interoper5 ability’ mean the ability of emergency response pro6 viders and relevant Federal, State, and local govern7 ment officials to— 

8 ‘‘(A) communicate with each other as nec9 essary, using information technology systems 

10 and radio communications systems; and 

11 ‘‘(B) exchange voice, data, or video with 

12 each other on demand, in real time, as necessary; 

13 ‘‘(8) the term ‘National Advisory Council’ means 

14 the National Advisory Council on Preparedness and 

15 Response established under section 518; 

16 ‘‘(9) the term ‘National Incident Management 

17 System’ means the National Incident Management 

18 System as described in the National Response Plan; 

19 ‘‘(10) the term ‘National Response Plan’ means 

20 the National Response Plan prepared under Home21 land Security Presidential Directive 5 or any presi22 dential directive meant to replace or augment that di23 rective; and 

24 ‘‘(11) the term ‘surge capacity’ means the ability 

25 to rapidly and substantially increase the provision of 


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1 search and rescue capabilities, food, water, medicine, 

2 shelter and housing, medical care, evacuation capac3 ity, staffing (including disaster assistance employees), 

4 and other resources necessary to save lives and protect 

5 property during a catastrophic incident. 

6 ‘‘Subtitle A—Preparedness and 

7 Response 

8 ‘‘SEC. 511. DEFINITIONS. 

9 ‘‘In this subtitle— 

10 ‘‘(1) the term ‘Nuclear Incident Response Team’ 

11 means a resource that includes— 

12 ‘‘(A) those entities of the Department of En13 ergy that perform nuclear or radiological emer14 gency support functions (including accident re15 sponse, search response, advisory, and technical 

16 operations functions), radiation exposure func17 tions at the medical assistance facility known as 

18 the Radiation Emergency Assistance Center/ 

19 Training Site (REAC/TS), radiological assist20 ance functions, and related functions; and 

21 ‘‘(B) those entities of the Environmental 

22 Protection Agency that perform such support 

23 functions (including radiological emergency re24 sponse functions) and related functions; 


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1 ‘‘(2) the term ‘Regional Advisory Council’ means 

2 a Regional Advisory Council on Preparedness and 

3 Response established under section 517; 

4 ‘‘(3) the term ‘Regional Administrator’ means a 

5 Regional Administrator for Preparedness and Re6 sponse appointed under section 517; and 

7 ‘‘(4) the term ‘Regional Office’ means a Regional 

8 Office established under section 517. 

9 ‘‘SEC. 512. FEDERAL EMERGENCY MANAGEMENT AGENCY. 

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

11 Federal Emergency Management Agency, headed by an Ad12 ministrator. 

13 ‘‘(b) MISSION.—The mission of the Agency is to— 

14 ‘‘(1) lead the Nation’s efforts to prepare for, re15 spond to, recover from, and mitigate the risks of nat16 ural and man-made disasters, including catastrophic 

17 incidents; 

18 ‘‘(2) partner with State and local governments 

19 and emergency response providers, with other Federal 

20 agencies, with the private sector, and with nongovern21 mental organizations to build a national system of 

22 emergency management that can effectively and effi23 ciently utilize the full measure of the Nation’s re24 sources to respond to a catastrophic incident or other 

25 natural or man-made disaster; 


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1 ‘‘(3) develop a Federal response capability that, 

2 when necessary and appropriate, can act effectively 

3 and rapidly to deliver assistance essential to saving 

4 lives or protecting or preserving property or public 

5 health and safety in a natural or man-made disaster; 

6 ‘‘(4) fuse the Department’s emergency response, 

7 preparedness, recovery, mitigation, and critical infra8 structure assets into an integrated organization that 

9 can effectively confront the challenges of a natural or 

10 man-made disaster; 

11 ‘‘(5) develop and maintain robust Regional Of12 fices that will work with State and local governments 

13 and emergency response providers to identify and ad14 dress regional priorities; 

15 ‘‘(6) under the leadership of the Secretary, co16 ordinate with the Commandant of the Coast Guard, 

17 the Director of Customs and Border Protection, the 

18 Director of Immigration and Customs Enforcement, 

19 the National Operations Center, and other agencies 

20 and offices in the Department to take full advantage 

21 of the substantial range of resources in the Depart22 ment that can be brought to bear in preparing for 

23 and responding to a natural or man-made disaster; 


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1 ‘‘(7) carry out the provisions of the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance 

3 Act (42 U.S.C. 5121 et seq.); 

4 ‘‘(8) provide funding, training, exercises, tech5 nical assistance, planning, and other assistance to 

6 build local, State, regional, and national capabilities 

7 (including communications capabilities), necessary to 

8 respond to a potential natural or man-made disaster; 

9 ‘‘(9) implement a risk-based, all-hazards-plus 

10 strategy for preparedness that builds those common 

11 capabilities necessary to respond to both terrorist at12 tacks and natural disasters while also building the 

13 unique capabilities necessary to respond to specific 

14 types of incidents that pose the greatest risk to our 

15 Nation; and 

16 ‘‘(10) promote and plan for the protection, secu17 rity, resiliency, and postdisaster restoration of crit18 ical infrastructure and key resources of the United 

19 States, including cyber and communications assets, 

20 against or in the event of a natural or man-made dis21 aster, in coordination with other agencies of the Fed22 eral Government and in cooperation with State and 

23 local government agencies and authorities, the private 

24 sector, and other entities. 

25 ‘‘(c) ADMINISTRATOR.— 


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1 ‘‘(1) IN GENERAL.—The Administrator shall be 

2 appointed by the President, by and with the advice 

3 and consent of the Senate. 

4 ‘‘(2) QUALIFICATIONS.—The Administrator shall 

5 have not less than 5 years of executive leadership and 

6 management experience in the public or private sec7 tor, significant experience in crisis management or 

8 another relevant field, and a demonstrated ability to 

9 manage a substantial staff and budget. 

10 ‘‘(3) REPORTING.—The Administrator shall re11 port to the Secretary, without being required to report 

12 through any other official of the Department. 

13 ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE14 PAREDNESS AND RESPONSE.— 

15 ‘‘(A) IN GENERAL.—The Administrator is 

16 the principal emergency preparedness and re17 sponse advisor to the President, the Homeland 

18 Security Council, and the Secretary. 

19 ‘‘(B) ADVICE AND RECOMMENDATIONS.— 

20 ‘‘(i) IN GENERAL.—In presenting ad21 vice with respect to any matter to the Presi22 dent, the Homeland Security Council, or the 

23 Secretary, the Administrator shall, as the 

24 Administrator considers appropriate, in25 form the President, the Homeland Security 


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1 Council, or the Secretary, as the case may 

2 be, of the range of emergency mitigation, 

3 preparedness, response, and recovery op4 tions with respect to that matter. 

5 ‘‘(ii) ADVICE ON REQUEST.—The Ad6 ministrator, as an emergency preparedness 

7 and response advisor, shall provide advice 

8 to the President, the Homeland Security 

9 Council, or the Secretary on a particular 

10 matter when the President, the Homeland 

11 Security Council, or the Secretary requests 

12 such advice. 

13 ‘‘(iii) RECOMMENDATIONS TO CON14 GRESS.—After informing the Secretary, the 

15 Administrator may make such recommenda16 tions to Congress relating to emergency pre17 paredness and response as the Adminis18 trator considers appropriate. 

19 ‘‘(C) RETENTION OF AUTHORITY.—Nothing 

20 in this paragraph shall be construed as affecting 

21 the authority of the Secretary under this Act. 

22 ‘‘SEC. 513. AUTHORITIES AND RESPONSIBILITIES. 

23 ‘‘(a) IN GENERAL.—The Administrator shall provide 

24 Federal leadership necessary to mitigate, prepare for, reVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 spond to, and recover from a natural or man-made disaster, 

2 including— 

3 ‘‘(1) carrying out the mission to reduce the loss 

4 of life and property and protect the Nation from all 

5 hazards by leading and supporting the Nation in a 

6 comprehensive, risk-based emergency preparedness 

7 and response program of— 

8 ‘‘(A) mitigation, by taking sustained ac9 tions to reduce or eliminate long-term risks to 

10 people and property from hazards and their ef11 fects; 

12 ‘‘(B) preparedness, by planning, training, 

13 and building the emergency preparedness and re14 sponse workforce to prepare effectively for, miti15 gate against, respond to, and recover from any 

16 hazard; 

17 ‘‘(C) response, by conducting emergency op18 erations to save lives and property through posi19 tioning emergency equipment, personnel, and 

20 supplies, through evacuating potential victims, 

21 through providing food, water, shelter, and med22 ical care to those in need, and through restoring 

23 critical public services; 

24 ‘‘(D) recovery, by rebuilding communities so 

25 individuals, businesses, and governments can 


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1 function on their own, return to normal life, and 

2 protect against future hazards; and 

3 ‘‘(E) critical infrastructure protection, in4 cluding by— 

5 ‘‘(i) identifying and prioritizing the 

6 critical infrastructure and key resources of 

7 the United States; 

8 ‘‘(ii) carrying out comprehensive as9 sessments of the vulnerability of the critical 

10 infrastructure and key resources, including 

11 cyber and communications assets; 

12 ‘‘(iii) developing a comprehensive plan 

13 for securing such critical infrastructure and 

14 key resources; 

15 ‘‘(iv) coordinating with other agencies 

16 of the Federal Government; and 

17 ‘‘(v) in cooperation with State and 

18 local government agencies and authorities, 

19 the private sector, and other entities, recom20 mending protective measures and identi21 fying priorities for the restoration of such 

22 critical infrastructure and key resources; 

23 ‘‘(2) increasing efficiencies, by coordinating ef24 forts relating to mitigation, preparedness, response, 

25 recovery, and infrastructure protection; 


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1 ‘‘(3) helping to ensure the effectiveness of emer2 gency response providers in responding to a natural 

3 or man-made disaster; 

4 ‘‘(4) providing the Federal Government’s re5 sponse to a natural or man-made disaster, includ6 ing— 

7 ‘‘(A) managing such response; 

8 ‘‘(B) directing the Domestic Emergency 

9 Support Team, the National Disaster Medical 

10 System, and (when operating as an organiza11 tional unit of the Department under this title) 

12 the Nuclear Incident Response Team; 

13 ‘‘(C) overseeing the Metropolitan Medical 

14 Response System; and 

15 ‘‘(D) coordinating other Federal response 

16 resources, including requiring deployment of the 

17 Strategic National Stockpile, in the event of a 

18 natural or man-made disaster; 

19 ‘‘(5) working with Federal, State, and local gov20 ernment personnel, agencies, and authorities to build 

21 a comprehensive national incident management sys22 tem to respond to a natural or man-made disaster; 

23 ‘‘(6) with respect to the Nuclear Incident Re24 sponse Team (regardless of whether it is operating as 


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1 an organizational unit of the Department under this 

2 title)— 

3 ‘‘(A) establishing standards and certifying 

4 when those standards have been met; 

5 ‘‘(B) conducting joint and other exercises 

6 and training and evaluating performance; and 

7 ‘‘(C) providing funds to the Department of 

8 Energy and the Environmental Protection Agen9 cy, as appropriate, for homeland security plan10 ning, exercises and training, and equipment; 

11 ‘‘(7) helping to ensure that emergency response 

12 providers acquire interoperable and sustainable tech13 nology; 

14 ‘‘(8) assisting the President in carrying out the 

15 functions under the Robert T. Stafford Disaster Relief 

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

17 seq.); 

18 ‘‘(9) administering homeland security emergency 

19 management, first responder, and other preparedness 

20 grants; 

21 ‘‘(10) administering and implementing the Na22 tional Response Plan, including monitoring, evalu23 ating, and ensuring the readiness of each emergency 

24 support function under the National Response Plan; 


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1 ‘‘(11) coordinating with the National Advisory 

2 Council; 

3 ‘‘(12) ensuring the protection of critical infra4 structure by— 

5 ‘‘(A) carrying out the responsibilities under 

6 paragraphs (2) through (6) of section 201(d); 

7 ‘‘(B) promoting, prioritizing, coordinating, 

8 and planning for the— 

9 ‘‘(i) protection, security, and resiliency 

10 of key resources and critical infrastructure 

11 of the United States, including cyber and 

12 communications assets, against a natural or 

13 man-made disaster; and 

14 ‘‘(ii) postdisaster restoration of key re15 sources and critical infrastructure of the 

16 United States, including cyber and commu17 nications assets, in the event of a natural or 

18 man-made disaster; and 

19 ‘‘(13) otherwise carrying out the mission of the 

20 Agency as described in section 512(b). 

21 ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED TO

22 CATASTROPHIC INCIDENTS.— 

23 ‘‘(1) IN GENERAL.—The Administrator, in con24 sultation with the Secretary and other senior Depart25 ment officials, shall develop a national emergency 


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1 management system that is capable of responding to 

2 catastrophic incidents. 

3 ‘‘(2) IDENTIFICATION OF RESOURCES.— 

4 ‘‘(A) IN GENERAL.—The Administrator 

5 shall develop and submit to Congress annually 

6 an estimate of the resources of the Agency and 

7 other Federal agencies needed for and devoted 

8 specifically to developing the capabilities of Fed9 eral, State, and local governments necessary to 

10 respond to a catastrophic incident. 

11 ‘‘(B) CONTENTS.—Each estimate under sub12 paragraph (A) shall include the resources both 

13 necessary for and devoted to— 

14 ‘‘(i) planning; 

15 ‘‘(ii) training and exercises; 

16 ‘‘(iii) Regional Office enhancements; 

17 ‘‘(iv) staffing, including for surge ca18 pacity during a catastrophic incident; 

19 ‘‘(v) additional logistics capabilities; 

20 ‘‘(vi) other responsibilities under the 

21 Catastrophic Incident Annex and the Cata22 strophic Incident Supplement of the Na23 tional Response Plan; 

24 ‘‘(vii) State and local government cata25 strophic incident preparedness; and 


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1 ‘‘(viii) covering increases in the fixed 

2 costs or expenses of the Agency, including 

3 rent or property acquisition costs or ex4 penses, taxes, contributions to the working 

5 capital fund of the Department, and secu6 rity costs for the year after the year in 

7 which such estimate is submitted. 

8 ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In carrying 

9 out the responsibilities under this section, the Adminis10 trator shall implement a risk-based, all-hazards-plus strat11 egy that builds those common capabilities necessary to pre12 pare for, respond to, recover from, and mitigate the risks 

13 of terrorist attacks and natural disasters, while also build14 ing the unique capabilities necessary to prepare for, respond 

15 to, recover from, and mitigate the risks of specific types of 

16 incidents that pose the greatest risk to the Nation. 

17 ‘‘(d) GAO REPORT ON FIXED COSTS OR EXPENSES.— 

18 ‘‘(1) IN GENERAL.—Not later than 90 days after 

19 the date of enactment of the Post-Katrina Emergency 

20 Management Reform Act of 2006, the Comptroller 

21 General shall submit a report to Congress on the 

22 amount of increase in the fixed costs or expenses of 

23 the Federal Emergency Management Agency during 

24 the period of January 1, 2000, through such date of 

25 enactment. 


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1 ‘‘(2) CONTENT.—The report under this sub2 section shall— 

3 ‘‘(A) evaluate the increases in all of the 

4 fixed costs or expenses of the Federal Emergency 

5 Management Agency, including fixed costs or ex6 penses such as rent or property acquisition ex7 penses, taxes, contributions to the working cap8 ital fund of the Department or other contribu9 tions to accounts of the Department, and secu10 rity costs (including increases in the costs of se11 curity and the increased amounts of security ob12 tained); and 

13 ‘‘(B) include an analysis of any additional 

14 resources needed to accommodate for any in15 creases in fixed costs or expenses that have not 

16 been addressed in previous increases in the budg17 et of the Department. 

18 ‘‘SEC. 514. AGENCY COMPONENTS. 

19 ‘‘There are transferred to the Agency the following: 

20 ‘‘(1) All functions of the Federal Emergency 

21 Management Agency, as constituted on June 1, 2006, 

22 including all of its personnel, assets, components, and 

23 liabilities, and including the functions of the Under 

24 Secretary for Federal Emergency Management relat25 ing thereto. 


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1 ‘‘(2) The Directorate of Preparedness, as con2 stituted on June 1, 2006, including all of its func3 tions, personnel assets, components, and liabilities, 

4 and including the functions of the Under Secretary 

5 for Preparedness relating thereto. 

6 ‘‘SEC. 515. PRESERVING THE FEDERAL EMERGENCY MAN7 AGEMENT AGENCY. 

8 ‘‘(a) DISTINCT ENTITY.—The Agency shall be main9 tained as a distinct entity within the Department. 

10 ‘‘(b) REORGANIZATION.—Section 872 shall not apply 

11 to the Agency, including any function or organizational 

12 unit of the Agency. 

13 ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may not sub15 stantially or significantly reduce the authorities, re16 sponsibilities, or functions of the Agency or the capa17 bility of the Agency to perform those responsibilities, 

18 except as otherwise specifically provided in an Act en19 acted after the date of enactment of the Post-Katrina 

20 Emergency Management Reform Act of 2006. 

21 ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No 

22 asset, function, or mission of the Agency may be di23 verted to the principal and continuing use of any 

24 other organization, unit, or entity of the Department, 


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1 except for details or assignments that do not reduce 

2 the capability of the Agency to perform its missions. 

3 ‘‘SEC. 516. DIRECTORS. 

4 ‘‘(a) IN GENERAL.—There shall be in the Agency a Di5 rector for Preparedness and a Director for Response and 

6 Recovery, each of whom shall be appointed by the President, 

7 by and with the advice and consent of the Senate, and shall 

8 report to the Administrator. 

9 ‘‘(b) QUALIFICATIONS.— 

10 ‘‘(1) IN GENERAL.—A Director shall have— 

11 ‘‘(A) not less than 5 years of— 

12 ‘‘(i) executive leadership and manage13 ment experience in the public or private sec14 tor; and 

15 ‘‘(ii) significant experience in crisis 

16 management or another relevant field; and 

17 ‘‘(B) a demonstrated ability to manage a 

18 substantial staff and budget. 

19 ‘‘(2) CONCURRENT EXPERIENCE.—Service during 

20 any period of time may be used in meeting the re21 quirements under both clause (i) and (ii) of para22 graph (1)(A). 

23 ‘‘(c) INITIAL DIRECTORS.— 

24 ‘‘(1) IN GENERAL.—Except as provided under 

25 paragraph (2), the individual serving as the Under 


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1 Secretary for Preparedness and the individual serving 

2 as the Under Secretary for Federal Emergency Man3 agement on the effective date of the Post-Katrina 

4 Emergency Management Reform Act of 2006, may 

5 serve as the Director for Preparedness and the Direc6 tor of Response and Recovery, respectively, until a 

7 Director for Preparedness or a Director of Response 

8 and Recovery, as the case may be, is appointed under 

9 subsection (a). 

10 ‘‘(2) PRIOR CONFIRMATION.—Paragraph (1) 

11 shall apply if the individual is serving as the Under 

12 Secretary for Preparedness or the Under Secretary for 

13 Federal Emergency Management, under an appoint14 ment by the President, by and with the advice and 

15 consent of the Senate. 

16 ‘‘SEC. 517. REGIONAL OFFICES. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) REGIONAL OFFICES.—The Administrator 

19 shall establish 10 Regional Offices of the Agency. 

20 ‘‘(2) ADDITIONAL OFFICE.—In addition to the 

21 Regional Offices established under paragraph (1), the 

22 Administrator may designate the Office of National 

23 Capital Region Coordination under section 882 as a 

24 Regional Office. 

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


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1 ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re2 gional Office shall be headed by a Regional Adminis3 trator for Preparedness and Response, who shall be 

4 appointed by the Administrator. Each Regional Ad5 ministrator for Preparedness and Response shall re6 port directly to the Administrator. 

7 ‘‘(2) QUALIFICATIONS.—Each Regional Office 

8 shall be headed by an individual in the Senior Execu9 tive Service qualified to act as a senior Federal co10 ordinating officer to provide strategic oversight of in11 cident management when needed. 

12 ‘‘(c) RESPONSIBILITIES.— 

13 ‘‘(1) IN GENERAL.—The Regional Administrator 

14 shall work in partnership with State and local gov15 ernments, emergency managers, emergency response 

16 providers, medical providers, the private sector, non17 governmental organizations, multijurisdictional coun18 cils of governments, and regional planning commis19 sions and organizations in the geographical area 

20 served by the Regional Office to carry out the respon21 sibilities of a Regional Administrator under this sec22 tion. 

23 ‘‘(2) RESPONSIBILITIES.—The responsibilities of 

24 a Regional Administrator include— 


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1 ‘‘(A) ensuring effective, coordinated, and in2 tegrated regional preparedness, mitigation, re3 sponse, and recovery activities and programs for 

4 natural and man-made disasters (including 

5 planning, training, exercises, and professional 

6 development); 

7 ‘‘(B) coordinating and integrating regional 

8 preparedness, mitigation, response, and recovery 

9 activities and programs for natural and man10 made disasters (including planning, training, 

11 exercises, and professional development), which 

12 shall include— 

13 ‘‘(i) providing regional and interstate 

14 planning assistance; 

15 ‘‘(ii) organizing, in consultation with 

16 the Administrator, regional training and 

17 exercise programs; 

18 ‘‘(iii) providing support and coordina19 tion officers for State and local government 

20 training and exercises; 

21 ‘‘(iv) participating in emergency pre22 paredness and planning activities by State, 

23 regional, and local governments; 


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1 ‘‘(v) assisting in the development of re2 gional capabilities needed for a national 

3 catastrophic response system; 

4 ‘‘(vi) helping to coordinate and develop 

5 interstate agreements; 

6 ‘‘(vii) coordinating the establishment of 

7 effective regional interagency emergency 

8 communications capabilities and commu9 nications interoperability, and reporting 

10 annually to the Administrator, who shall 

11 provide the information to the Director for 

12 Emergency Communications, on regional ef13 forts to achieve these goals and on regional 

14 progress in meeting the goals of the Na15 tional Emergency Communications Strat16 egy developed under section 553; and 

17 ‘‘(viii) providing planning and tech18 nical assistance to State and local govern19 ments relating to hazard mitigation and 

20 prevention measures, including encouraging 

21 hazard-resistant building design and sus22 tainable land development policies to reduce 

23 vulnerability to natural disasters; 

24 ‘‘(C) establishing and overseeing 1 or more 

25 strike teams within the region under subsection 


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1 (e), which shall serve as the focal point of the 

2 Federal Government’s initial response efforts for 

3 a natural or man-made disaster within that re4 gion, and otherwise building Federal response 

5 capabilities to respond to a natural or man6 made disaster within that region; 

7 ‘‘(D) carrying out comprehensive assess8 ments of the vulnerabilities of the key resources 

9 and critical infrastructure in the region, includ10 ing carrying out risk assessments, and working 

11 with Federal departments and agencies, State 

12 and local government agencies, and the private 

13 sector to accomplish this objective and to design 

14 programs to address the identified 

15 vulnerabilities; 

16 ‘‘(E) designating an individual responsible 

17 for, in conjunction with other relevant Federal, 

18 State, and local government officials, the devel19 opment of strategic and operational regional 

20 plans to respond effectively to natural or man21 made disasters in the region in support of the 

22 National Response Plan; 

23 ‘‘(F) establishing in the Regional Office of 

24 such Regional Administrator a Regional Advi25 sory Council on Preparedness and Response, to 


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1 advise the Regional Administrator on emergency 

2 preparedness and response issues specific to the 

3 region; 

4 ‘‘(G) coordinating all activities conducted 

5 under this section with other Federal depart6 ments and agencies; and 

7 ‘‘(H) performing such other duties relating 

8 to such responsibilities as the Administrator 

9 may require. 

10 ‘‘(d) AREA OFFICES.—The Administrator shall estab11 lish— 

12 ‘‘(1) an Area Office for the Pacific and an Area 

13 Office for the Caribbean, as components in the appro14 priate Regional Offices; and 

15 ‘‘(2) an Area Office in Alaska. 

16 ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.— 

17 ‘‘(1) ESTABLISHMENT.—In coordination with 

18 other relevant Federal agencies, each Regional Ad19 ministrator shall establish multi-agency strike teams 

20 that shall consist of— 

21 ‘‘(A) a designated Federal coordinating offi22 cer; 

23 ‘‘(B) personnel trained in incident manage24 ment; 


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1 ‘‘(C) public affairs, response and recovery, 

2 and communications support personnel; 

3 ‘‘(D) a defense coordinating officer; 

4 ‘‘(E) liaisons to other Federal agencies; 

5 ‘‘(F) such other personnel as the Adminis6 trator or Regional Administrator determines ap7 propriate; and 

8 ‘‘(G) individuals from the agencies with 

9 primary responsibility for each of the emergency 

10 support functions in the National Response 

11 Plan, including the following: 

12 ‘‘(i) Transportation. 

13 ‘‘(ii) Communications. 

14 ‘‘(iii) Public works and engineering. 

15 ‘‘(iv) Emergency management. 

16 ‘‘(v) Mass care. 

17 ‘‘(vi) Housing and human services. 

18 ‘‘(vii) Public health and medical serv19 ices. 

20 ‘‘(viii) Urban search and rescue. 

21 ‘‘(ix) Public safety and security. 

22 ‘‘(x) External affairs. 

23 ‘‘(2) LOCATION OF MEMBERS.—The members of 

24 each Regional Office strike team, including represent25 atives from agencies other than the Department, shall 


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1 be based primarily at the Regional Office that cor2 responds to that strike team. 

3 ‘‘(3) COORDINATION.—Each Regional Office 

4 strike team shall coordinate the training and exercises 

5 of that strike team with the State and local govern6 ments and private sector and nongovernmental enti7 ties which the strike team shall support when a nat8 ural or man-made disaster occurs. 

9 ‘‘(4) PREPAREDNESS.—Each Regional Office 

10 strike team shall be trained, equipped, and staffed to 

11 be well prepared to respond to natural and man-made 

12 disasters, including catastrophic incidents. 

13 ‘‘SEC. 518. NATIONAL ADVISORY COUNCIL ON PREPARED14 NESS AND RESPONSE. 

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

16 the date of enactment of the Post-Katrina Emergency Man17 agement Reform Act of 2006, the Secretary shall establish 

18 an advisory body under section 871(a), to be known as the 

19 National Advisory Council on Preparedness and Response. 

20 ‘‘(b) RESPONSIBILITIES.—The National Advisory 

21 Council shall advise the Administrator on all aspects of 

22 emergency preparedness and response. 

23 ‘‘(c) MEMBERSHIP.— 

24 ‘‘(1) IN GENERAL.—The members of the National 

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1 trator, and shall, to the extent practicable, represent 

2 a geographic (including urban and rural) and sub3 stantive cross section of officials, emergency man4 agers, and emergency response providers from State 

5 and local governments, the private sector, and non6 governmental organizations, including as appro7 priate— 

8 ‘‘(A) members selected from the emergency 

9 preparedness and response fields, including fire 

10 service, law enforcement, hazardous materials re11 sponse, emergency medical services, and emer12 gency preparedness and response personnel, or 

13 organizations representing such individuals; 

14 ‘‘(B) health scientists, emergency and inpa15 tient medical providers, and public health profes16 sionals; 

17 ‘‘(C) experts representing standards setting 

18 organizations; 

19 ‘‘(D) State and local government officials 

20 with expertise in terrorism preparedness and 

21 emergency preparedness and response; 

22 ‘‘(E) elected State and local government ex23 ecutives; 


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1 ‘‘(F) experts in public and private sector 

2 infrastructure protection, cybersecurity, and 

3 communications; 

4 ‘‘(G) representatives of the disabled and 

5 other special needs populations; and 

6 ‘‘(H) such other individuals as the Admin7 istrator determines to be appropriate. 

8 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM9 MITTEE ACT.— 

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

11 871(a) and subject to paragraph (2), the Federal Ad12 visory Committee Act (5 U.S.C. App.), including sub13 sections (a), (b), and (d) of section 10 of such Act, 

14 and section 552b(c) of title 5, United States Code, 

15 shall apply to the Advisory Council. 

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

17 Federal Advisory Committee Act (5 U.S.C. App.) 

18 shall not apply to the Advisory Council. 

19 ‘‘SEC. 519. NATIONAL INCIDENT MANAGEMENT SYSTEM IN20 TEGRATION CENTER. 

21 ‘‘(a) IN GENERAL.—There is in the Agency a National 

22 Incident Management System Integration Center. 

23 ‘‘(b) RESPONSIBILITIES.— 

24 ‘‘(1) IN GENERAL.—The Administrator, through 

25 the National Incident Management System IntegraVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 tion Center, and in consultation with other Federal 

2 departments and agencies and the National Advisory 

3 Council, shall ensure ongoing management and main4 tenance of the National Incident Management System, 

5 the National Response Plan, any other document or 

6 tool in support of Homeland Security Presidential 

7 Directive 5, or any other Homeland Security Presi8 dential Directive relating to incident management 

9 and response. 

10 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na11 tional Incident Management System Integration Cen12 ter shall— 

13 ‘‘(A) periodically review, and revise as ap14 propriate, the National Incident Management 

15 System and the National Response Plan; 

16 ‘‘(B) review other matters relating to the 

17 National Incident Management System and the 

18 National Response Plan, as the Administrator 

19 may require; 

20 ‘‘(C) develop and implement a national pro21 gram for National Incident Management System 

22 and National Response Plan education and 

23 awareness; 

24 ‘‘(D) oversee all aspects of the National In25 cident Management System, including the develVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 opment of compliance criteria and implementa2 tion activities at Federal, State, and local gov3 ernment levels; 

4 ‘‘(E) provide guidance and assistance to 

5 States and local governments and emergency re6 sponse providers, in adopting the National Inci7 dent Management System; and 

8 ‘‘(F) perform such other duties relating to 

9 such responsibilities as the Administrator may 

10 require. 

11 ‘‘SEC. 520. NATIONAL OPERATIONS CENTER. 

12 ‘‘(a) DEFINITION.—In this section, the term ‘situa13 tional awareness’ means information gathered from a vari14 ety of sources that, when communicated to emergency pre15 paredness and response managers and decision makers, can 

16 form the basis for incident management decisionmaking. 

17 ‘‘(b) ESTABLISHMENT.—There is established in the De18 partment a National Operations Center. 

19 ‘‘(c) PURPOSE.—The purposes of the National Oper20 ations Center are to— 

21 ‘‘(1) coordinate the national response to any nat22 ural or man-made disaster, as determined by the Sec23 retary; 

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1 ment, and for State and local governments as appro2 priate, for an event described in paragraph (1); 

3 ‘‘(3) collect and analyze information to help 

4 deter, detect, and prevent terrorist acts; 

5 ‘‘(4) disseminate terrorism and disaster-related 

6 information to Federal, State, and local governments; 

7 ‘‘(5) ensure that critical terrorism and disaster8 related information reaches government decision-mak9 ers; and 

10 ‘‘(6) perform such other duties as the Secretary 

11 may require. 

12 ‘‘(d) RESPONSIBILITIES.—The National Operations 

13 Center shall carry out the responsibilities of the Homeland 

14 Security Operations Center, the National Response Coordi15 nation Center, and the Interagency Incident Management 

16 Group, as constituted on September 1, 2005. 

17 ‘‘SEC. 521. CHIEF MEDICAL OFFICER. 

18 ‘‘(a) IN GENERAL.—There is in the Agency a Chief 

19 Medical Officer, who shall be appointed by the President, 

20 by and with the advice and consent of the Senate. The Chief 

21 Medical Officer shall report directly to the Administrator. 

22 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

23 Chief Medical Officer shall possess a demonstrated ability 

24 in and knowledge of medicine and public health. 


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1 ‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 

2 shall have the primary responsibility within the Depart3 ment for medical issues related to natural and man-made 

4 disasters, including— 

5 ‘‘(1) serving as the principal advisor to the Sec6 retary and the Administrator on medical and public 

7 health issues; 

8 ‘‘(2) coordinating the biosurveillance and detec9 tion activities of the Department; 

10 ‘‘(3) ensuring internal and external coordination 

11 of all medical preparedness and response activities of 

12 the Department, including training, exercises, and 

13 equipment support; 

14 ‘‘(4) serving as the Department’s primary point 

15 of contact with the Department of Agriculture, the 

16 Department of Defense, the Department of Health and 

17 Human Services, the Department of Transportation, 

18 the Department of Veterans Affairs, and other Federal 

19 departments or agencies, on medical and public 

20 health issues; 

21 ‘‘(5) serving as the Department’s primary point 

22 of contact for State and local governments, the med23 ical community, and others within and outside the 

24 Department, with respect to medical and public 

25 health matters; 


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1 ‘‘(6) discharging, in coordination with the Under 

2 Secretary for Science and Technology, the responsibil3 ities of the Department related to Project Bioshield; 

4 ‘‘(7) establishing doctrine and priorities for the 

5 National Disaster Medical System, consistent with the 

6 National Response Plan and the National Incident 

7 Management System, supervising its medical compo8 nents, and exercising predeployment operational con9 trol, including— 

10 ‘‘(A) determining composition of the teams; 

11 ‘‘(B) overseeing credentialing of the teams; 

12 and 

13 ‘‘(C) training personnel of the teams; 

14 ‘‘(8) managing the Metropolitan Medical Re15 sponse System (including establishing doctrine and 

16 priorities for the Metropolitan Medical Response Sys17 tem, consistent with the National Response Plan and 

18 the National Incident Management System) and de19 veloping and overseeing standards, plans, training, 

20 and exercises and coordinating with the Office of 

21 Grants and Training on the use and distribution of 

22 Metropolitan Medical Response grants; 

23 ‘‘(9) assessing and monitoring long-term health 

24 issues of emergency managers and emergency response 

25 providers; 


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1 ‘‘(10) developing and updating, in consultation 

2 with the Secretary of Health and Human Services, 

3 guidelines for State and local governments for med4 ical response plans for chemical, biological, radio5 logical, nuclear, or explosive weapon attacks; 

6 ‘‘(11) developing, in consultation with the Sec7 retary of Health and Human Services, appropriate 

8 patient tracking capabilities to execute domestic pa9 tient movement and evacuations, including a system 

10 that has the capacity of electronically maintaining 

11 and transmitting the health information of hospital 

12 patients; 

13 ‘‘(12) establishing and providing oversight for 

14 the Department’s occupational health and safety pro15 gram, including workforce health; and 

16 ‘‘(13) performing such other duties relating to 

17 such responsibilities as the Secretary or the Adminis18 trator may require. 

19 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PROGRAM.— 

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

21 consultation with the Director of the National Insti22 tute for Occupational Safety and Health, shall estab23 lish a program to assess, monitor, and study the 

24 health and safety of emergency managers and emer25 gency response providers, following Incidents of NaVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 tional Significance declared by the Secretary under 

2 the National Response Plan. 

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

4 out the program under this subsection, the Chief Med5 ical Officer shall enter into cooperative agreements, as 

6 necessary, with medical institutions in the areas af7 fected by an Incident of National Significance. 

8 ‘‘SEC. 522. PUBLIC AND COMMUNITY PREPAREDNESS. 

9 ‘‘The Administrator shall promote public and commu10 nity preparedness. 

11 ‘‘SEC. 523. BASIC LIFE SUPPORTING FIRST AID EDUCATION 

12 FOR CHILDREN. 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘age-appropriate’ means informa15 tion, education, and skills suitable for the individual 

16 to understand and perform; 

17 ‘‘(2) the term ‘appropriate municipal entity’ 

18 means an agency of a unit of local government that 

19 is an emergency response provider or provides other 

20 similar medical services or training, including a fire 

21 department, law enforcement agency, hospital, school 

22 nurse, or emergency medical services provider; 

23 ‘‘(3) the term ‘children’ means individuals under 

24 the age of 18 years enrolled in grades kindergarten 

25 through 12; 


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1 ‘‘(4) the term ‘emergency medical professional’ 

2 means an individual certified by a State in emer3 gency medical services; 

4 ‘‘(5) the term ‘life supporting first aid’ includes 

5 cardiopulmonary resuscitation, the use of an auto6 matic external defibrillator, the Heimlich maneuver, 

7 blood-borne and biohazardous precautions, bleed con8 trol, and other life-sustaining procedures in the event 

9 of an emergency; and 

10 ‘‘(6) the term ‘selected organization’ means the 

11 organization contracting with the Secretary under 

12 subsection (b). 

13 ‘‘(b) AUTHORITY.—The Secretary, acting through the 

14 Chief Medical Officer, and in consultation with the Sec15 retary of Education, shall enter into an agreement with an 

16 organization, under which such organization shall provide 

17 funds to appropriate municipal entities to provide edu18 cation and training in life supporting first aid to children, 

19 including scene safety procedures. 

20 ‘‘(c) ELIGIBILITY.—In selecting an organization, the 

21 Secretary shall consider and give priority to an organiza22 tion that— 

23 ‘‘(1) has experience in training individuals (es24 pecially children) to be active bystanders, equipped 


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1 with life supporting first aid skills to assist during 

2 emergencies; 

3 ‘‘(2) recognizes that life supporting first aid tech4 niques are essential to maintaining life before the ar5 rival of emergency response providers; 

6 ‘‘(3) uses emergency medical professionals as in7 structors to teach life supporting first aid techniques 

8 to children and adults; 

9 ‘‘(4) works with Federal, State, and local govern10 ment entities and the private sector to highlight the 

11 importance of public emergency preparedness and ef12 fective emergency response; 

13 ‘‘(5) has developed and implemented, before the 

14 date of entering a contract under subsection (b), a 

15 testing component for evaluation, accountability, and 

16 data collection; and 

17 ‘‘(6) is an affiliate of the Citizens Corps of the 

18 Department. 

19 ‘‘(d) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—Funds provided under this 

21 section by the selected organization to an appropriate 

22 municipal entity shall be used— 

23 ‘‘(A) to create age-appropriate educational 

24 materials regarding life supporting first aid to 

25 be distributed to children; 


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1 ‘‘(B) to conduct training and clinical in2 struction of children in life supporting first aid; 

3 and 

4 ‘‘(C) for data collection and statistical anal5 ysis. 

6 ‘‘(2) PRIORITY.—In providing funds to appro7 priate municipal entities under this section, the se8 lected organization shall give priority to emergency 

9 medical services, fire departments, law enforcement 

10 agencies, hospitals, and school nurses. 

11 ‘‘SEC. 524. SAVER PROGRAM. 

12 ‘‘(a) IN GENERAL.—In the Department there is a Sys13 tem Assessment and Validation for Emergency Responders 

14 Program to provide impartial evaluations of emergency re15 sponse equipment and systems. 

16 ‘‘(b) REQUIREMENTS.—The program under subsection 

17 (a) shall— 

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

19 and operationally oriented assessments and valida20 tions of emergency response provider equipment and 

21 systems that have not already been third-party cer22 tified to a standard adopted by the Department, in23 cluding— 

24 ‘‘(A) commercial, off-the-shelf emergency re25 sponse provider equipment and systems in all 


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1 equipment list categories of the Standardized 

2 Equipment List published by the Interagency 

3 Board for Equipment Standardization and 

4 Interoperability; and 

5 ‘‘(B) such other equipment or systems as the 

6 Secretary determines are appropriate; 

7 ‘‘(2) provide information that enables decision8 makers and emergency response providers to better se9 lect, procure, use, and maintain emergency response 

10 provider equipment or systems; 

11 ‘‘(3) assess and validate the performance of prod12 ucts within a system and subsystems; and 

13 ‘‘(4) provide information and feedback to emer14 gency response providers through the Responder 

15 Knowledge Base of the National Memorial Institute 

16 for the Prevention of Terrorism, or other appropriate 

17 forum. 

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

19 assessment and validation of emergency response provider 

20 equipment and systems shall use multiple evaluation tech21 niques, including— 

22 ‘‘(1) operational assessments of equipment per23 formance on vehicle platforms; 


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1 ‘‘(2) technical assessments on a comparative 

2 basis of system component performance across makes 

3 and models under controlled conditions; and 

4 ‘‘(3) integrative assessments on an individual 

5 basis of system component interoperability and com6 patibility with other system components. 

7 ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To the ex8 tent practical, the assessment and validation of personal 

9 protective equipment under this section shall be conducted 

10 by the National Personal Protective Technology Laboratory 

11 of the National Institute for Occupational Safety and 

12 Health. 

13 ‘‘SEC. 525. NATIONAL SEARCH AND RESCUE RESPONSE SYS14 TEM. 

15 ‘‘(a) NATIONAL SEARCH AND RESCUE RESPONSE SYS16 TEM.—There is established in the Agency an emergency re17 sponse system known as the National Search and Rescue 

18 Response System that provides a national network of stand19 ardized search and rescue resources to assist State and local 

20 governments in responding to any natural or man-made 

21 disaster. 

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

23 ‘‘(1) TASK FORCE PARTICIPATION.—The Admin24 istrator shall select eligible search and rescue teams 

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1 tities to participate as task forces in the National 

2 Search and Rescue Response System. The Adminis3 trator shall determine the criteria for such participa4 tion. 

5 ‘‘(2) AGREEMENTS WITH SPONSORING AGEN6 CIES.—The Administrator shall enter into an agree7 ment with the State or local government entity that 

8 sponsors each search and rescue team selected under 

9 paragraph (1) with respect the team’s participation 

10 as a task force in the National Search and Rescue Re11 sponse System. 

12 ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.— 

13 The Administrator shall maintain such management 

14 and other technical teams as are necessary to admin15 ister the National Search and Rescue Response Sys16 tem. 

17 ‘‘SEC. 526. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

18 ‘‘(a) IN GENERAL.—There is in the Agency a Metro19 politan Medical Response System. Under the Metropolitan 

20 Medical Response System, the Assistant Secretary for 

21 Grants and Planning, in coordination with the Chief Med22 ical Officer, shall administer grants to develop, maintain, 

23 and enhance medical preparedness systems that are capable 

24 of responding effectively to a public health crisis or mass25 casualty event caused by a natural or man-made disaster. 


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1 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re2 sponse System shall make grants to local governments to 

3 enhance any of the following activities: 

4 ‘‘(1) Medical surge capacity. 

5 ‘‘(2) Mass prophylaxis. 

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

7 and explosive detection, response, and decontamina8 tion capabilities. 

9 ‘‘(4) Emergency communications capabilities. 

10 ‘‘(5) Information sharing and collaboration ca11 pabilities. 

12 ‘‘(6) Regional collaboration. 

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

14 ‘‘(8) Medical supply management and distribu15 tion. 

16 ‘‘(9) Fatality management. 

17 ‘‘(10) Such other activities as the Secretary may 

18 provide. 

19 ‘‘SEC. 527. THE NATIONAL INFRASTRUCTURE SIMULATION 

20 AND ANALYSIS CENTER. 

21 ‘‘(a) DEFINITION.—In this section, the term ‘National 

22 Infrastructure Simulation and Analysis Center’ means the 

23 National Infrastructure Simulation and Analysis Center 

24 established under section 1016(d) of the USA PATRIOT Act 

25 (42 U.S.C. 5195c(d)). 


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1 ‘‘(b) AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—There is in the Agency the 

3 National Infrastructure Simulation and Analysis 

4 Center which shall serve as a source of national ex5 pertise to address critical infrastructure protection 

6 and continuity through support for activities related 

7 to— 

8 ‘‘(A) counterterrorism, threat assessment, 

9 and risk mitigation; and 

10 ‘‘(B) a natural or man-made disaster. 

11 ‘‘(2) INFRASTRUCTURE MODELING.— 

12 ‘‘(A) PARTICULAR SUPPORT.—The support 

13 provided under paragraph (1) shall include mod14 eling, simulation, and analysis of the systems 

15 and assets comprising critical infrastructure, in 

16 order to enhance critical infrastructure pre17 paredness, protection, response, and recovery ac18 tivities. 

19 ‘‘(B) RELATIONSHIP WITH OTHER AGEN20 CIES.—Each Federal agency and department 

21 with critical infrastructure responsibilities under 

22 Homeland Security Presidential Directive 7, or 

23 any successor to such directive, shall establish a 

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1 ments of such agency or department and the Na2 tional Infrastructure Simulation and Analysis 

3 Center, through the Department. 

4 ‘‘(C) PURPOSE.— 

5 ‘‘(i) IN GENERAL.—The purpose of the 

6 relationship under subparagraph (B) shall 

7 be to permit each Federal agency and de8 partment described in subparagraph (B) to 

9 take full advantage of the capabilities of the 

10 National Infrastructure Simulation and 

11 Analysis Center (particularly vulnerability 

12 and consequence analysis), consistent with 

13 its work load capacity and priorities, for 

14 real-time response to reported and projected 

15 natural and man-made disasters. 

16 ‘‘(ii) RECIPIENT OF CERTAIN SUP17 PORT.—Modeling, simulation, and analysis 

18 provided under this subsection shall be pro19 vided to relevant Federal agencies and de20 partments, including Federal agencies and 

21 departments with critical infrastructure re22 sponsibilities under Homeland Security 

23 Presidential Directive 7, or any successor to 

24 such directive. 


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1 ‘‘SEC. 528. EMERGENCY MANAGEMENT ASSISTANCE COM2 PACT. 

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

4 Administrator, may make grants for the purposes of admin5 istering and improving the Emergency Management Assist6 ance Compact consented to by the Joint Resolution entitled 

7 ‘Joint Resolution granting the consent of Congress to the 

8 Emergency Management Assistance Compact’ (Public Law 

9 104–321; 110 Stat. 3877). 

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

11 to— 

12 ‘‘(1) carry out recommendations identified in 

13 after-action reports for the 2004 and 2005 hurricane 

14 season issued under the Emergency Management As15 sistance Compact; 

16 ‘‘(2) coordinate with the Department and other 

17 Federal Government agencies; 

18 ‘‘(3) coordinate with State and local government 

19 entities and their respective national associations; 

20 ‘‘(4) assist State and local governments, emer21 gency response providers, and organizations rep22 resenting such providers with credentialing emergency 

23 response providers and the typing of emergency re24 sponse resources; or 

25 ‘‘(5) administer the operations of the Emergency 

26 Management Assistance Compact. 


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1 ‘‘SEC. 529. OFFICE FOR THE PREVENTION OF TERRORISM. 

2 ‘‘(a) ESTABLISHMENT.—There is established in the De3 partment an Office for the Prevention of Terrorism, which 

4 shall be headed by a Director. 

5 ‘‘(b) DIRECTOR.— 

6 ‘‘(1) REPORTING.—The Director of the Office for 

7 the Prevention of Terrorism shall report directly to 

8 the Secretary. 

9 ‘‘(2) QUALIFICATIONS.—The Director of the Of10 fice for the Prevention of Terrorism shall have an ap11 propriate background with experience in law enforce12 ment, intelligence, or other anti-terrorist functions. 

13 ‘‘(c) ASSIGNMENT OF PERSONNEL.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall assign to 

15 the Office for the Prevention of Terrorism permanent 

16 staff and other appropriate personnel detailed from 

17 other components of the Department to carry out the 

18 responsibilities under this section. 

19 ‘‘(2) LIAISONS.—The Secretary shall designate 

20 senior employees from each component of the Depart21 ment that has significant antiterrorism responsibil22 ities to act a liaison between that component and the 

23 Office for the Prevention of Terrorism. 

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

25 for the Prevention of Terrorism shall— 


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1 ‘‘(1) coordinate policy and operations between 

2 the Department and State and local government 

3 agencies relating to preventing acts of terrorism with4 in the United States; 

5 ‘‘(2) serve as a liaison between State and local 

6 law enforcement agencies and the Department; 

7 ‘‘(3) in coordination with the Office of Intel8 ligence, develop better methods for the sharing of intel9 ligence with State and local law enforcement agencies; 

10 ‘‘(4) work with the Assistant Secretary of the Of11 fice of Grants and Training to ensure that homeland 

12 security grants to State and local government agen13 cies, including the Law Enforcement Terrorism Pre14 vention Program, Commercial Equipment Direct As15 sistance Program, and grants to support fusion cen16 ters and other law enforcement-oriented programs are 

17 adequately focused on terrorism prevention activities; 

18 and 

19 ‘‘(5) coordinate with the Agency, the Department 

20 of Justice, the National Institute of Justice, law en21 forcement organizations, and other appropriate enti22 ties to develop national voluntary consensus stand23 ards for training and personal protective equipment 

24 to be used in a tactical environment by law enforce25 ment officers. 


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1 ‘‘(e) PILOT PROJECT.— 

2 ‘‘(1) IN GENERAL.—The Director of the Office for 

3 the Prevention of Terrorism, in coordination with the 

4 Director for Response and Recovery, shall establish a 

5 pilot project to determine the efficacy and feasibility 

6 of establishing law enforcement deployment teams. 

7 ‘‘(2) FUNCTION.—The law enforcement deploy8 ment teams participating in the pilot program under 

9 this subsection shall form the basis of a national net10 work of standardized law enforcement resources to as11 sist State and local governments in responding to a 

12 natural or man-made disaster. 

13 ‘‘(f) CONSTRUCTION.—Nothing in this section may be 

14 construed to affect the roles or responsibilities of the Depart15 ment of Justice. 

16 ‘‘SEC. 530. DEPARTMENT OFFICIALS. 

17 ‘‘(a) CYBERSECURITY AND TELECOMMUNICATIONS.— 

18 There is in the Department an Assistant Secretary for 

19 Cybersecurity and Telecommunications. 

20 ‘‘(b) UNITED STATES FIRE ADMINISTRATION.—The 

21 Administrator of the United States Fire Administration 

22 shall have a rank equivalent to an assistant secretary of 

23 the Department. 

24 ‘‘SEC. 531. CREDENTIALING. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘credential’ means to provide docu2 mentation that can authenticate and verify the quali3 fications and identity of managers of incidents, emer4 gency response providers, and other appropriate per5 sonnel, including by ensuring that such personnel 

6 possess a minimum common level of training, experi7 ence, physical and medical fitness, and capability ap8 propriate for their position; 

9 ‘‘(2) the term ‘credentialing’ means evaluating 

10 an individual’s qualifications for a specific position 

11 under guidelines created under this section and as12 signing such individual a qualification under the 

13 standards developed under this section; and 

14 ‘‘(3) the term ‘credentialed’ means an individual 

15 has been evaluated for a specific position under the 

16 guidelines created under this section. 

17 ‘‘(b) REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall 

19 enter into a memorandum of understanding with the 

20 administrators of the Emergency Management Assist21 ance Compact, State and local governments, emer22 gency response providers, and the organizations that 

23 represent such providers, to collaborate on establishing 

24 nationwide standards for credentialing all personnel 


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1 who are likely to respond to a natural or man-made 

2 disaster. 

3 ‘‘(2) CONTENTS.—The standards developed under 

4 paragraph (1) shall— 

5 ‘‘(A) include the minimum professional 

6 qualifications, certifications, training, and edu7 cation requirements for specific emergency re8 sponse functional positions that are applicable to 

9 Federal, State, and local government; 

10 ‘‘(B) be compatible with the National Inci11 dent Management System; and 

12 ‘‘(C) be consistent with standards for ad13 vance registration for health professions volun14 teers under section 319I of the Public Health 

15 Services Act (42 U.S.C. 247d–7b). 

16 ‘‘(3) TIMEFRAME.—The Administrator shall de17 velop standards under paragraph (1) not later than 

18 6 months after the date of enactment of the Post19 Katrina Emergency Management Reform Act of 2006. 

20 ‘‘(c) CREDENTIALING OF DEPARTMENT PERSONNEL.— 

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

22 the date of enactment of the Post-Katrina Emergency 

23 Management Reform Act of 2006, the Secretary and 

24 the Administrator shall ensure that all personnel of 

25 the Department (including temporary personnel and 


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1 individuals in the Surge Capacity Force established 

2 under section 304 of the Post-Katrina Emergency 

3 Management Reform Act of 2006) who are likely to 

4 respond to a natural or man-made disaster are 

5 credentialed. 

6 ‘‘(2) STRATEGIC HUMAN CAPITAL PLAN.—Not 

7 later than 90 days after completion of the 

8 credentialing under paragraph (1), the Administrator 

9 shall evaluate whether the workforce of the Agency 

10 complies with the strategic human capital plan of the 

11 Agency developed under section 301 of the Post12 Katrina Emergency Management Reform Act of 2006 

13 and is sufficient to respond to a catastrophic inci14 dent. 

15 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

16 PLAN.— 

17 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

18 than 6 months after the date of enactment of the Post19 Katrina Emergency Management Reform Act of 2006, 

20 the Administrator shall provide the standards devel21 oped under subsection (b) to all Federal agencies that 

22 have responsibilities under the National Response 

23 Plan. 

24 ‘‘(2) CREDENTIALING OF AGENCIES.—Not later 

25 than 180 days after the date on which the standards 


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1 are provided under paragraph (1), each agency de2 scribed in paragraph (1) shall— 

3 ‘‘(A) ensure that all employees or volunteers 

4 of that agency who are likely to respond to a 

5 natural or man-made disaster are credentialed; 

6 and 

7 ‘‘(B) submit to the Secretary the name of 

8 each credentialed employee or volunteer of such 

9 agency. 

10 ‘‘(3) LEADERSHIP.—The Administrator shall 

11 provide leadership, guidance, and technical assistance 

12 to an agency described in paragraph (1) to facilitate 

13 the credentialing process of that agency. 

14 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 

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

16 the date of enactment of the Post-Katrina Emergency 

17 Management Reform Act of 2006, the Administrator 

18 shall establish and maintain a documentation and 

19 database system of Federal emergency response pro20 viders and all other Federal personnel credentialed to 

21 respond to a natural or man-made disaster. 

22 ‘‘(2) ACCESSIBILITY.—The documentation and 

23 database system established under paragraph (1) shall 

24 be accessible to the Federal coordinating officer and 


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1 other appropriate officials preparing for or respond2 ing to a natural or man-made disaster. 

3 ‘‘(3) CONSIDERATIONS.—The Administrator shall 

4 consider whether the credentialing system can be used 

5 to regulate access to areas affected by a natural or 

6 man-made disaster. 

7 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN8 MENTS.—Not later than 6 months after the date of enact9 ment of the Post-Katrina Emergency Management Reform 

10 Act of 2006, the Administrator shall— 

11 ‘‘(1) in collaboration with the administrators of 

12 the Emergency Management Assistance Compact, 

13 State and local governments, emergency response pro14 viders, and the organizations that represent such pro15 viders, provide detailed written guidance, assistance, 

16 and expertise to State and local governments to facili17 tate the credentialing of State and local emergency re18 sponse providers commonly or likely to be used in re19 sponding to a natural or man-made disaster; and 

20 ‘‘(2) in coordination with the administrators of 

21 the Emergency Management Assistance Compact, 

22 State and local governments, emergency response pro23 viders (and the organizations that represent such pro24 viders), and appropriate national professional orga25 nizations, assist State and local governments with 


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1 credentialing the personnel of the State or local gov2 ernment under the guidance provided under para3 graph (1). 

4 ‘‘(g) REPORT.—Not later than 6 months after the date 

5 of enactment of the Post-Katrina Emergency Management 

6 Reform Act of 2006, and annually thereafter, the Adminis7 trator shall submit to the Committee on Homeland Security 

8 and Governmental Affairs of the Senate and the Committee 

9 on Homeland Security of the House of Representatives a 

10 report describing the implementation of this section, includ11 ing the number and level of qualification of Federal per12 sonnel trained and ready to respond to a natural or man13 made disaster. 

14 ‘‘SEC. 532. TYPING OF RESOURCES. 

15 ‘‘(a) DEFINITIONS.—In this section— 

16 ‘‘(1) the term ‘typed’ means an asset or resource 

17 that has been evaluated for a specific function under 

18 the guidelines created under this section; and 

19 ‘‘(2) the term ‘typing’ means to define in detail 

20 the minimum capabilities of an asset or resource. 

21 ‘‘(b) REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall 

23 enter into a memorandum of understanding with the 

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1 gency response providers, and organizations that rep2 resent such providers, to collaborate on establishing 

3 nationwide standards for typing of resources com4 monly or likely to be used in responding to a natural 

5 or man-made disaster. 

6 ‘‘(2) CONTENTS.—The standards developed under 

7 paragraph (1) shall— 

8 ‘‘(A) be applicable to Federal, State, and 

9 local government; and 

10 ‘‘(B) be compatible with the National Inci11 dent Management System. 

12 ‘‘(c) TYPING OF DEPARTMENT RESOURCES AND AS13 SETS.—Not later than 1 year after the date of enactment 

14 of the Post-Katrina Emergency Management Reform Act of 

15 2006, the Secretary shall ensure that all resources and assets 

16 of the Department that are commonly or likely to be used 

17 to respond to a natural or man-made disaster are typed. 

18 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

19 PLAN.— 

20 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

21 than 6 months after the date of enactment of the Post22 Katrina Emergency Management Reform Act of 2006, 

23 the Administrator shall provide the standards devel24 oped under subsection (b) to all Federal agencies that 


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1 have responsibilities under the National Response 

2 Plan. 

3 ‘‘(2) TYPING OF AGENCIES, ASSETS AND RE4 SOURCES.—Not later than 180 days after the date on 

5 which the standards are provided under paragraph 

6 (1), each agency described in paragraph (1) shall— 

7 ‘‘(A) ensure that all resources and assets 

8 (including teams, equipment, and other assets) of 

9 that agency that are commonly or likely to be 

10 used to respond to a natural or man-made dis11 aster are typed; and 

12 ‘‘(B) submit to the Secretary a list of all 

13 types resources and assets. 

14 ‘‘(3) LEADERSHIP.—The Administrator shall 

15 provide leadership, guidance, and technical assistance 

16 to an agency described in paragraph (1) to facilitate 

17 the typing process of that agency. 

18 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 

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

20 the date of enactment of the Post-Katrina Emergency 

21 Management Reform Act of 2006, the Administrator 

22 shall establish and maintain a documentation and 

23 database system of Federal resources and assets com24 monly or likely to be used to respond to a natural or 

25 man-made disaster. 


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1 ‘‘(2) ACCESSIBILITY.—The documentation and 

2 database system established under paragraph (1) shall 

3 be accessible to the Federal coordinating officer and 

4 other appropriate officials preparing for or respond5 ing to a natural or man-made disaster. 

6 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN7 MENTS.—Not later than 6 months after the date of enact8 ment of the Post-Katrina Emergency Management Reform 

9 Act of 2006, the Administrator, in collaboration with the 

10 administrators of the Emergency Management Assistance 

11 Compact, State and local governments, emergency response 

12 providers, and the organizations that represent such pro13 viders, shall— 

14 ‘‘(1) provide detailed written guidance, assist15 ance, and expertise to State and local governments to 

16 facilitate the typing of the resources and assets of 

17 State and local governments likely to be used in re18 sponding to a natural or man-made disaster; and 

19 ‘‘(2) assist State and local governments with 

20 typing resources and assets of State or local govern21 ments under the guidance provided under paragraph 

22 (1). 

23 ‘‘(g) REPORT.—Not later than 6 months after the date 

24 of enactment of the Post-Katrina Emergency Management 

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1 trator shall submit to the Committee on Homeland Security 

2 and Governmental Affairs of the Senate and the Committee 

3 on Homeland Security of the House of Representatives a 

4 report describing the implementation of this section, includ5 ing the number and type of Federal resources and assets 

6 ready to respond to a natural or man-made disaster. 

7 ‘‘SEC. 533. PROVIDING SECURE ACCESS TO CRITICAL INFRA8 STRUCTURE. 

9 ‘‘Not later than 6 months after the date of enactment 

10 of the Post-Katrina Emergency Management Reform Act of 

11 2006, and in coordination with appropriate national pro12 fessional organizations, Federal, State, and local govern13 ment agencies, and private-sector and nongovernmental en14 tities, the Administrator shall create model standards or 

15 guidelines that States may adopt in conjunction with crit16 ical infrastructure owners and operators and their employ17 ees to permit access to restricted areas in the event of a 

18 natural or man-made disaster. 

19 ‘‘SEC. 534. IMPROVEMENTS TO INFORMATION TECHNOLOGY 

20 SYSTEMS. 

21 ‘‘(a) MEASURES TO IMPROVE INFORMATION TECH22 NOLOGY SYSTEMS.—The Administrator shall take appro23 priate measures to update and improve the information 

24 technology systems of the Agency, including measures to— 


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1 ‘‘(1) ensure that the multiple information tech2 nology systems of the Agency (including the National 

3 Emergency Management Information System, the Lo4 gistics Information Management System III, and the 

5 Automated Deployment Database) are fully compat6 ible and can share and access information from each 

7 other; 

8 ‘‘(2) ensure technology enhancements reach the 

9 headquarters and regional offices of the Agency in a 

10 timely fashion, to allow seamless integration; 

11 ‘‘(3) develop and maintain a testing environ12 ment that ensures that all system components are 

13 properly and thoroughly tested before their release; 

14 ‘‘(4) ensure that the information technology sys15 tems of the Agency have the capacity to track disaster 

16 response personnel, mission assignments task orders, 

17 commodities, and supplies used in response to a nat18 ural or man-made disaster; 

19 ‘‘(5) make appropriate improvements to the Na20 tional Emergency Management Information System 

21 to address shortcomings in such system on the date of 

22 enactment of the Post-Katrina Emergency Manage23 ment Reform Act of 2006; and 

24 ‘‘(6) provide training, manuals, and guidance on 

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1 ing disaster response personnel, to help ensure em2 ployees can properly use information technology sys3 tems. 

4 ‘‘(b) REPORT.—Not later than 270 days after the date 

5 of enactment of the Post-Katrina Emergency Management 

6 Reform Act of 2006, the Administrator shall submit to the 

7 Committee on Homeland Security and Governmental Af8 fairs of the Senate and the Committee on Homeland Secu9 rity of the House of Representatives a report describing the 

10 implementation of this section, including any actions taken, 

11 improvements made, any remaining problems and describ12 ing any additional funding needed to make necessary and 

13 appropriate improvements to the information technology 

14 systems of the Agency. 

15 ‘‘SEC. 535. EVACUATION TECHNICAL ASSISTANCE. 

16 ‘‘(a) IN GENERAL.—The Administrator shall provide 

17 technical assistance to States and local governments that 

18 experience hurricanes, tsunamis, or other severe weather 

19 events, including the preparation of hurricane evacuation 

20 studies and evacuation plans assessing storm surge esti21 mates, evacuation zones, evacuation clearance times, trans22 portation capacity, and shelter capacity. 

23 ‘‘(b) PLAN AND SCHEDULE.— 

24 ‘‘(1) IN GENERAL.—Not later than 180 days 

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1 gency Management Reform Act of 2006, the Adminis2 trator shall— 

3 ‘‘(A) establish a plan and schedule for com4 pleting, maintaining, and periodically updating 

5 evacuation studies carried out by the Adminis6 trator to ensure that States and local govern7 ments that experience hurricanes, tsunamis, or 

8 other severe weather events have current and 

9 complete information available to them for the 

10 preparation of their own evacuation plans; and 

11 ‘‘(B) include in the plan and schedule estab12 lished under subparagraph (A) annual mainte13 nance and updates of existing hurricane evacu14 ation studies following each hurricane season for 

15 those basins impacted by a hurricane. 

16 ‘‘(2) PREVIOUSLY INITIATED STUDIES.—Any 

17 evacuation study initiated prior to the promulgation 

18 of a plan and schedule established under paragraph 

19 (1) shall be completed not later than January 1, 

20 2008. 

21 ‘‘(c) ASSISTANCE AND GUIDELINES.—The Adminis22 trator shall develop guidelines for the preparation of, and 

23 assist each State that is eligible for assistance under this 

24 section in producing, a State pre-storm evacuation and 

25 shelter plan which shall address the following: 


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1 ‘‘(1) Information, guidance, and data contained 

2 in hurricane evacuation studies and other models or 

3 projections of storm surge estimates, evacuation zones, 

4 evacuation clearance times, transportation capacity, 

5 and shelter capacity. 

6 ‘‘(2) Guidance regarding storm surge and evacu7 ation-related estimates projections provided by the 

8 National Weather Service or the National Oceanic 

9 and Atmospheric Administration. 

10 ‘‘(3) State planning assumptions, procedures, 

11 and guidelines for pre-storm evacuation-decision mak12 ing and sheltering based on hurricane evacuation 

13 studies and published guidance by the Agency. 

14 ‘‘(4) Transportation and shelter capabilities or 

15 resources that will be available and used by the State 

16 and by each county, parish or municipality to imple17 ment the State pre-storm evacuation and shelter plan. 

18 ‘‘(5) Estimated costs for the State and for each 

19 county or parish to provide pre-storm evacuation and 

20 sheltering based on historical data, cost estimates de21 veloped by the State Comptroller that are updated 

22 after each hurricane season. 

23 ‘‘(6) Any documented limitations on State, coun24 ty, parish, or city resources or capability to provide 

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1 ning assumptions of the State regarding the need for 

2 Federal assistance to compensate for such limitations. 

3 ‘‘(d) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date of enactment of the Post-Katrina Emergency 

5 Management Reform Act of 2006, and annually thereafter, 

6 the Administrator shall report to the Committee on Home7 land Security and Governmental Affairs and the Committee 

8 on Appropriations of the Senate and the Committee on 

9 Homeland Security and the Committee on Appropriations 

10 of the House of Representatives on the actions taken by the 

11 Administrator to carry out the provisions of this section, 

12 including the status of evacuation studies, State evacuation 

13 and shelter plans, and the incorporation of lessons learned 

14 from post-storm assessments. 

15 ‘‘SEC. 536. EVACUATION PLANS AND EXERCISES. 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other provi17 sion of law, grants made to States or local governments by 

18 the Department through the State Homeland Security 

19 Grant Program or the Urban Area Security Initiative may 

20 be used to— 

21 ‘‘(1) establish programs for the development and 

22 maintenance of mass evacuation plans under sub23 section (b) in the event of a natural or man-made dis24 aster; 


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1 ‘‘(2) prepare for the execution of such plans, in2 cluding the development of evacuation routes and the 

3 purchase and stockpiling of necessary supplies and 

4 shelters; and 

5 ‘‘(3) conduct exercises of such plans. 

6 ‘‘(b) PLAN DEVELOPMENT.—In developing the mass 

7 evacuation plans authorized under subsection (a), each 

8 State or local government shall, to the maximum extent 

9 practicable— 

10 ‘‘(1) establish incident command and decision 

11 making processes; 

12 ‘‘(2) ensure that State and local government 

13 plans, including evacuation routes, are coordinated 

14 and integrated; 

15 ‘‘(3) identify primary and alternative evacu16 ation routes and methods to increase evacuation ca17 pabilities along such routes such as conversion of two18 way traffic to one-way evacuation routes; 

19 ‘‘(4) identify evacuation transportation modes 

20 and capabilities, including the use of mass and public 

21 transit capabilities, and coordinating and integrating 

22 evacuation plans for all populations including for 

23 those individuals located in hospitals, nursing homes, 

24 and other institutional living facilities for individ25 uals with special needs; 


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1 ‘‘(5) develop procedures for informing the public 

2 of evacuation plans before and during an evacuation, 

3 including individuals who— 

4 ‘‘(A) have special needs; 

5 ‘‘(B) do not speak English; or 

6 ‘‘(C) might otherwise have difficulty in ob7 taining such information; and 

8 ‘‘(6) identify shelter locations and capabilities. 

9 ‘‘(c) ASSISTANCE.— 

10 ‘‘(1) IN GENERAL.—The Administrator may es11 tablish any guidelines, standards, or requirements de12 termined appropriate to administer this section and 

13 to ensure effective mass evacuation planning for State 

14 and local areas. 

15 ‘‘(2) REQUESTED ASSISTANCE.—The Adminis16 trator shall make assistance available upon request of 

17 a State or local government to assist hospitals, nurs18 ing homes, and other institutions that house individ19 uals with special needs to establish, maintain, and ex20 ercise mass evacuation plans that are coordinated 

21 and integrated into the plans developed by that State 

22 or local government under this section. 


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1 ‘‘SEC. 537. MINIMUM PERFORMANCE MEASURE REQUIRE2 MENTS. 

3 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

4 State, regional, and local emergency preparedness by estab5 lishing minimum performance requirements for public and 

6 community preparedness. 

7 ‘‘(b) ACTIVITIES.—The Administrator shall— 

8 ‘‘(1) establish minimum performance require9 ments for entities that receive homeland security pre10 paredness grants; 

11 ‘‘(2) conduct, in coordination with Regional Of12 fices, simulations and exercises to test minimum per13 formance requirements for— 

14 ‘‘(A) emergencies and major disasters not 

15 less than 2 times each year; and 

16 ‘‘(B) catastrophic incidents not less than 

17 once each year; and 

18 ‘‘(3) ensure that entities that the Administrator 

19 determines are failing to demonstrate minimum per20 formance requirements under paragraph (1) shall 

21 remedy the areas of failure not later than the end of 

22 the second full fiscal year after the date of such deter23 mination by— 

24 ‘‘(A) establishing a plan for the achievement 

25 of the minimum performance requirements under 

26 paragraph (1), including— 


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1 ‘‘(i) developing intermediate indicators 

2 for the 2 fiscal years following the date of 

3 such determination; and 

4 ‘‘(ii) conducting additional simula5 tions and exercises; and 

6 ‘‘(B) revising the State homeland security 

7 plan. 

8 ‘‘(c) WAIVER.—At the discretion of the Administrator, 

9 the occurrence of an emergency, major disaster, or cata10 strophic incident in an area may be deemed as a simulation 

11 under subsection (b)(2). 

12 ‘‘(d) REPORT TO CONGRESS.—Not later than the end 

13 of the first full fiscal year after the date of enactment of 

14 the Post-Katrina Emergency Management Reform Act of 

15 2006, and each fiscal year thereafter, the Administrator 

16 shall submit to the Committee on Homeland Security and 

17 Governmental Affairs of the Senate and to the Committee 

18 on Homeland Security of the House of Representatives a 

19 report describing— 

20 ‘‘(1) the performance of grantees under sub21 section (b)(1); 

22 ‘‘(2) lessons learned through the simulations and 

23 exercises under subsection (b)(2); and 

24 ‘‘(3) efforts being made to remedy failed perform25 ance under subsection (b)(3). 


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1 ‘‘SEC. 538. COORDINATION BETWEEN THE AGENCY AND THE 

2 UNITED STATES ARMY CORPS OF ENGINEERS. 

3 ‘‘(a) IN GENERAL.—The Administrator shall coordi4 nate with the Commander and Chief of Engineers of the 

5 United States Army Corps of Engineers on those issues per6 taining to natural and man-made disaster response, recov7 ery, and mitigation concerning the missions of the Agency 

8 and the Corps to lessen the impact of natural and man9 made disasters. 

10 ‘‘(b) CONSULTATION.—Consultation under this section 

11 shall include consideration of ways to establish better inter12 departmental communication and strategic planning re13 garding levees, levy repair, flood plain management, crit14 ical infrastructure, and other relevant matters pertaining 

15 to vulnerable communities. 

16 ‘‘SEC. 539. DISCLOSURE OF CERTAIN INFORMATION TO LAW 

17 ENFORCEMENT AGENCIES. 

18 ‘‘In the event of circumstances requiring an evacu19 ation, sheltering, or mass relocation, the Secretary may dis20 close information in any individual assistance database of 

21 the Department in accordance with section 552a(b) of title 

22 5, United States Code, (commonly referred to as the ‘Pri23 vacy Act’) to any law enforcement agency of the Federal 

24 Government or a State or local government in order to iden25 tify illegal conduct or address public safety or security 


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1 issues, including compliance with sex offender notification 

2 laws.’’; and 

3 (8) by inserting after section 545 (as redesig4 nated by paragraph (6) of this subsection) the fol5 lowing: 

6 ‘‘Subtitle B—Emergency 

7 Communications 

8 ‘‘SEC. 551. DEFINITIONS. 

9 ‘‘In this subtitle— 

10 ‘‘(1) the term ‘eligible region’ means— 

11 ‘‘(A) 2 or more contiguous incorporated mu12 nicipalities, counties, parishes, Indian tribes, or 

13 other general purpose jurisdictions that— 

14 ‘‘(i) have joined together to enhance 

15 emergency communications capabilities or 

16 communications interoperability between 

17 emergency response providers in those juris18 dictions and with State and Federal offi19 cials; and 

20 ‘‘(ii) includes the largest city in any 

21 metropolitan statistical area or metropoli22 tan division, as defined by the Office of 

23 Management and Budget; or 

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1 gion in the national preparedness guidance 

2 issued under Homeland Security Presidential 

3 Directive 8; 

4 ‘‘(2) the term ‘National Emergency Communica5 tions Strategy’ means the strategy established under 

6 section 553; and 

7 ‘‘(3) the term ‘Office of Emergency Communica8 tions’ means the office established under section 552. 

9 ‘‘SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS. 

10 ‘‘(a) IN GENERAL.—There is established in the Agency 

11 an Office of Emergency Communications. 

12 ‘‘(b) DIRECTOR.—The head of the Office of Emergency 

13 Communications shall be the Director for Emergency Com14 munications. The Director shall report to the Assistant Sec15 retary for Cybersecurity and Telecommunications. 

16 ‘‘(c) RESPONSIBILITIES.—The Director for Emergency 

17 Communications shall— 

18 ‘‘(1) assist the Secretary and the Administrator 

19 in developing and implementing the program de20 scribed in section 7303(a)(1) of the Intelligence Re21 form and Terrorism Prevention Act of 2004 (6 U.S.C. 

22 194(a)(1)); 

23 ‘‘(2) carry out the responsibilities and authori24 ties of the Department relating to the development 

25 and implementation of a strategy to achieve national 


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1 communications interoperability and emergency com2 munications capabilities and promulgating grant 

3 guidance for that purpose; 

4 ‘‘(3) carry out the responsibilities under section 

5 543; 

6 ‘‘(4) conduct extensive, nationwide outreach and 

7 foster the development of emergency communications 

8 capabilities and interoperable communications sys9 tems by Federal, State, and local governments and 

10 public safety agencies, and by regional consortia 

11 thereof, by— 

12 ‘‘(A) developing, updating, and imple13 menting a national strategy to achieve emer14 gency communications capabilities, with goals 

15 and timetables; 

16 ‘‘(B) developing, updating, and imple17 menting a national strategy to achieve commu18 nications interoperability, with goals and time19 tables; 

20 ‘‘(C) developing a national architecture, 

21 which defines the components of an interoperable 

22 system and how the components are constructed; 

23 ‘‘(D) in conjunction with the National Ad24 visory Council, establishing and maintaining a 

25 task force that represents the broad customer base 


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1 of public safety agencies of State and local gov2 ernments, and Federal agencies, involved in pub3 lic safety disciplines such as law enforcement, 

4 firefighting, emergency medical services, public 

5 health, and disaster recovery, in order to receive 

6 input and coordinate efforts to achieve emer7 gency communications capabilities and commu8 nications interoperability; 

9 ‘‘(E) working with the Interoperable Com10 munications Technical Assistance Program to 

11 provide technical assistance to State and local 

12 government officials and the Regional Advisory 

13 Councils established under section 517; 

14 ‘‘(F) promoting a greater understanding of 

15 the importance of emergency communications ca16 pabilities, communications interoperability, and 

17 the benefits of sharing resources among all levels 

18 of Federal, State, and local government; 

19 ‘‘(G) promoting development of standard 

20 operating procedures for incident response and 

21 facilitating the sharing of information on best 

22 practices (including from governments abroad) 

23 for achieving emergency communications capa24 bilities and communications interoperability; 


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1 ‘‘(H) making recommendations to Congress 

2 about any changes in Federal law necessary to 

3 remove barriers to achieving emergency commu4 nications capabilities and communications inter5 operability; 

6 ‘‘(I) funding and conducting pilot pro7 grams, as necessary, in order to— 

8 ‘‘(i) evaluate and validate technology 

9 concepts in real-world environments to 

10 achieve emergency communications capa11 bilities and communications interoper12 ability; 

13 ‘‘(ii) encourage more efficient use of re14 sources, including equipment and spectrum; 

15 and 

16 ‘‘(iii) test and deploy public safety 

17 communications systems that are less prone 

18 to failure, support nonvoice services, con19 sume less spectrum, and cost less; 

20 ‘‘(J) liaisoning with the private sector to 

21 develop solutions to improve emergency commu22 nications capabilities and achieve communica23 tions interoperability; 


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1 ‘‘(K) using modeling and simulation for 

2 training exercises and command and control 

3 functions at the operational level; and 

4 ‘‘(L) performing other functions necessary 

5 to improve emergency communications capabili6 ties and achieve communications interoper7 ability; 

8 ‘‘(5) administer the responsibilities and authori9 ties of the Department relating to the Integrated 

10 Wireless Network Program; 

11 ‘‘(6) administer the responsibilities and authori12 ties of the Department relating to the National Com13 munications System; 

14 ‘‘(7) administer the responsibilities and authori15 ties of the Department related to the Emergency Alert 

16 System and the Integrated Public Alert and Warning 

17 System; 

18 ‘‘(8) establish an effective, reliable, integrated, 

19 flexible, and comprehensive system to alert and warn 

20 the people of the United States in the event of a nat21 ural or man-made disaster; 

22 ‘‘(9) administer the responsibilities and authori23 ties of the Department relating to Office of Interoper24 ability and Compatibility; 


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1 ‘‘(10) coordinate the establishment of a national 

2 response capability with initial and ongoing plan3 ning, implementation, and training for the deploy4 ment of backup communications services in the event 

5 of a catastrophic loss of local and regional emergency 

6 communications services; 

7 ‘‘(11) assist the President, the National Security 

8 Council, the Homeland Security Council, the Director 

9 of the Office of Science and Technology Policy, and 

10 the Director of the Office of Management and Budget 

11 in ensuring emergency communications capabilities; 

12 ‘‘(12) review, in consultation with the Assistant 

13 Secretary for Grants and Training, all interoperable 

14 emergency communications plans of Federal, State, 

15 and local governments, including Statewide and tac16 tical interoperability plans; and 

17 ‘‘(13) create an interactive database that con18 tains an inventory of emergency communications as19 sets maintained by the Federal Government and, 

20 where appropriate, State and local governments and 

21 the private sector, that— 

22 ‘‘(A) can be deployed rapidly following a 

23 natural or man-made disaster to assist emer24 gency response providers and State and local 

25 governments; and 


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1 ‘‘(B) includes land mobile radio systems, 

2 satellite phones, portable infrastructure equip3 ment, backup power system equipment, and other 

4 appropriate equipment and systems. 

5 ‘‘SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS 

6 STRATEGY. 

7 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

8 completion of the baseline assessment under section 554, 

9 and in cooperation with State and local governments, Fed10 eral departments and agencies, emergency response pro11 viders, and the private sector, the Administrator, acting 

12 through the Director for Emergency Communications, shall 

13 develop a National Emergency Communications Strategy 

14 to achieve national emergency communications capabilities 

15 and interoperable emergency communications. 

16 ‘‘(b) CONTENTS.—The National Emergency Commu17 nication Strategy shall— 

18 ‘‘(1) include, in consultation with the National 

19 Institute of Standards and Technology, a process for 

20 expediting national voluntary consensus-based emer21 gency communications equipment standards for the 

22 purchase and use by public safety agencies of inter23 operable emergency communications equipment and 

24 technologies; 


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1 ‘‘(2) identify the appropriate emergency commu2 nications capabilities and communications interoper3 ability necessary for Federal, State, and local govern4 ments to operate during natural and man-made dis5 asters; 

6 ‘‘(3) address both short-term and long-term solu7 tions to achieving Federal, State, and local govern8 ment emergency communications capabilities and 

9 interoperable emergency communications systems, in10 cluding provision of commercially available equip11 ment that facilitates operability, interoperability, co12 ordination, and integration among emergency com13 munications systems; 

14 ‘‘(4) identify how Federal departments and agen15 cies that respond to natural or man-made disasters 

16 can work effectively with State and local governments, 

17 in all States, and with such other entities as are nec18 essary to implement the strategy; 

19 ‘‘(5) include measures to identify and overcome 

20 all obstacles to achieving interoperable emergency 

21 communications; 

22 ‘‘(6) set goals and establish timetables for the de23 velopment of an emergency, command-level commu24 nication system based on equipment available across 


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1 the United States and a nationwide interoperable 

2 emergency communications system; 

3 ‘‘(7) identify appropriate and reasonable meas4 ures public safety agencies should employ to ensure 

5 that their network infrastructure remains operable 

6 during a natural or man-made disaster; 

7 ‘‘(8) include education of State and local govern8 ment emergency response providers about the avail9 ability of backup emergency communications assets 

10 and their importance in planning for natural and 

11 man-made disasters; 

12 ‘‘(9) identify, in consultation with the Federal 

13 Communications Commission, measures State and 

14 local governments should employ to ensure operability 

15 of 911, E911 and public safety answering points dur16 ing natural and man-made disasters; and 

17 ‘‘(10) include building the capability to adapt 

18 the distribution and content of emergency alerts on 

19 the basis of geographic location, risks, or personal 

20 user preferences, as appropriate. 

21 ‘‘SEC. 554. ASSESSMENTS AND REPORTS. 

22 ‘‘(a) BASELINE OPERABILITY AND INTEROPERABILITY

23 ASSESSMENT.—Not later than June 1, 2007, and periodi24 cally thereafter, but not less frequently than every 5 years, 

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1 gency Communications, shall conduct an assessment of Fed2 eral, State, and local governments to— 

3 ‘‘(1) define the range of emergency communica4 tions capabilities and communications interoper5 ability needed for specific events; 

6 ‘‘(2) assess the capabilities to meet such commu7 nications needs; 

8 ‘‘(3) determine the degree to which necessary 

9 emergency communications capabilities and commu10 nications interoperability have been achieved; 

11 ‘‘(4) ascertain the needs that remain for commu12 nications interoperability to be achieved; 

13 ‘‘(5) assess the ability of communities to provide 

14 and maintain emergency communications capabilities 

15 and communications interoperability among emer16 gency response providers, and government officials in 

17 the event of a natural or man-made disaster, includ18 ing when there is substantial damage to ordinary 

19 communications infrastructure or a sustained loss of 

20 electricity; 

21 ‘‘(6) include a national interoperable emergency 

22 communication inventory that— 

23 ‘‘(A) identifies for each Federal department 

24 and agency— 

25 ‘‘(i) the channels and frequencies used; 


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

2 each channel or frequency used; and 

3 ‘‘(iii) the types of communications sys4 tem and equipment used; 

5 ‘‘(B) identifies the interoperable emergency 

6 communication systems in use for public safety 

7 systems in the United States; and 

8 ‘‘(C) provides a listing of public safety mu9 tual aid channels in operation and their ability 

10 to connect to an interoperable emergency commu11 nications system; and 

12 ‘‘(7) compile a list of best practices among com13 munities for providing and maintaining emergency 

14 communications capabilities and communications 

15 interoperability in the event of a natural or man16 made disaster. 

17 ‘‘(b) MOBILE COMMUNICATIONS.—The Administrator, 

18 acting through the Director of Emergency Communications, 

19 shall evaluate the feasibility and desirability of the Depart20 ment developing, on its own or in conjunction with the De21 partment of Defense, a mobile communications capability, 

22 modeled on the Army Signal Corps, that could be deployed 

23 to support emergency communications at the site of a nat24 ural or man-made disaster. 


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

2 the date of enactment of the Post-Katrina Emergency Man3 agement Reform Act of 2006, and annually thereafter until 

4 the date that is 10 years after such date, the Administrator, 

5 acting through the Director for Emergency Communica6 tions, shall submit to the Committee on Homeland Security 

7 and Governmental Affairs of the Senate and the Committee 

8 on Homeland Security of the House of Representatives a 

9 report on the progress of the Department in implementing 

10 and achieving the goals of this subtitle, including a descrip11 tion of the findings of the most recent nationwide assess12 ment conducted under subsection (a). 

13 ‘‘SEC. 555. COORDINATION OF FEDERAL EMERGENCY COM14 MUNICATIONS GRANT PROGRAMS. 

15 ‘‘(a) ASSESSMENT OF GRANTS AND STANDARDS PRO16 GRAMS.—The Secretary, acting through the Director for 

17 Emergency Communications, in coordination with other 

18 Federal departments and agencies, and in consultation with 

19 the National Advisory Committee, shall review Federal 

20 emergency communications grants and standards programs 

21 across the Federal government to— 

22 ‘‘(1) integrate and coordinate Federal grant 

23 guidelines for the use of Federal assistance relating to 

24 interoperable emergency communications and emer25 gency communications capabilities; 


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1 ‘‘(2) assess and make recommendations to ensure 

2 that such guidelines are consistent across the Federal 

3 Government; and 

4 ‘‘(3) assess and make recommendations to ensure 

5 conformity with the goals and objectives identified in 

6 the National Emergency Communications Strategy. 

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

8 ‘‘(1) IN GENERAL.—The Secretary may prohibit 

9 any State or local government from using Federal 

10 homeland security assistance administered by the De11 partment to achieve, maintain, or enhance interoper12 able emergency communications capabilities if— 

13 ‘‘(A) such government has not complied 

14 with the requirement to submit a Statewide 

15 Interoperable Communications Plan under sec16 tion 7303(f) of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (6 U.S.C. 194(f)); 

18 ‘‘(B) the State or local government has not 

19 taken adequate steps to maintain operability of 

20 network infrastructure in order to prepare for a 

21 natural or man-made disaster; or 

22 ‘‘(C) a grant request does not comply with 

23 interoperable communications equipment stand24 ards, after those standards have been developed 

25 through a voluntary consensus-based process or 


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1 are promulgated pursuant to the authority under 

2 paragraph (2). 

3 ‘‘(2) STANDARDS.—If the Secretary determines 

4 that inadequate progress is being made on the comple5 tion of voluntary consensus-based interoperable com6 munications equipment standards, the Secretary may 

7 promulgate such standards and include them in inter8 operable communications grant guidance. 

9 ‘‘SEC. 556. EMERGENCY COMMUNICATIONS INTEROPER10 ABILITY RESEARCH AND DEVELOPMENT. 

11 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

12 comprehensive research and development program to pro13 mote emergency communications capabilities and commu14 nications interoperability among emergency response pro15 viders, including by— 

16 ‘‘(1) promoting research on a competitive basis 

17 through the Directorate of Science and Technology 

18 Homeland Security Advanced Research Projects Agen19 cy; and 

20 ‘‘(2) establishing a Center of Excellence under 

21 the Department of Homeland Security Centers of Ex22 cellence Program, using a competitive process, focused 

23 on enhancing information and communications sys24 tems for emergency response providers. 


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1 ‘‘(b) PURPOSES.—The purposes of the program estab2 lished under subsection (a) include— 

3 ‘‘(1) understanding the strengths and weaknesses 

4 of the public safety communications systems in use; 

5 ‘‘(2) examining how current and emerging tech6 nology can make public safety organizations more ef7 fective, and how Federal, State, and local government 

8 agencies can use this technology in a coherent and 

9 cost-effective manner; 

10 ‘‘(3) exploring Federal, State, and local govern11 ment policies that shall move systematically towards 

12 long-term solutions; 

13 ‘‘(4) evaluating and validating technology con14 cepts, and promoting the deployment of advanced 

15 public safety information technologies for emergency 

16 communications capabilities and communications 

17 interoperability; and 

18 ‘‘(5) advancing the creation of a national strat19 egy to enhance emergency communications capabili20 ties, promote communications interoperability and ef21 ficient use of spectrum in communications systems, 

22 improve information sharing across organizations, 

23 and use advanced information technology to increase 

24 the effectiveness of emergency response providers in 

25 valuable new ways. 


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1 ‘‘SEC. 557. EMERGENCY COMMUNICATIONS PILOT 

2 PROJECTS. 

3 ‘‘(a) ESTABLISHMENT.— 

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

5 the date of enactment of the Post-Katrina Emergency 

6 Management Reform Act of 2006, the Administrator 

7 shall establish not fewer than 2 pilot projects to de8 velop and evaluate strategies and technologies for pro9 viding and maintaining emergency communications 

10 capabilities and communications interoperability 

11 among emergency response providers and government 

12 officials in the event of a natural or man-made dis13 aster in which there is significant damage to, or de14 struction of, critical infrastructure, including sub15 stantial loss of ordinary telecommunications infra16 structure and sustained loss of electricity. 

17 ‘‘(2) INTEROPERABLE DATA COMMUNICATIONS.— 

18 Not less than 1 pilot project under this section shall 

19 involve the development of interoperable data commu20 nications, including medical and victim information, 

21 so that this information can be shared among emer22 gency response providers, as needed, at all levels of 

23 government, and in accordance with the regulations 

24 promulgated under the Health Insurance Portability 

25 and Accountability Act of 1996 (Public Law 104–91; 

26 110 Stat. 1936). 


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1 ‘‘(b) SELECTION CRITERIA.—In selecting areas for the 

2 location of the pilot projects under this section, the Admin3 istrator shall consider— 

4 ‘‘(1) the risk to the area from a large-scale ter5 rorist attack or natural disaster; 

6 ‘‘(2) the number of potential victims from a 

7 large-scale terrorist attack or natural disaster in the 

8 area; 

9 ‘‘(3) the capabilities of the emergency commu10 nications systems of the area and capabilities for the 

11 development of modeling and simulation training and 

12 command and control functions; and 

13 ‘‘(4) such other criteria as the Administrator 

14 may determine appropriate. 

15 ‘‘SEC. 558. EMERGENCY COMMUNICATIONS AND INTER16 OPERABILITY GRANTS. 

17 ‘‘(a) IN GENERAL.—The Administrator, through the 

18 Office of the Grants and Training, shall make grants to 

19 States and eligible regions for initiatives necessary to im20 prove emergency communications capabilities and to 

21 achieve short-term or long-term solutions to statewide, re22 gional, national, and, where appropriate, international 

23 interoperability. 

24 ‘‘(b) USE OF GRANT FUNDS.—Grants awarded under 

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1 term or long-term solutions for emergency communications 

2 capabilities and communications interoperability within 

3 the State or region and to assist with any aspect of the 

4 communication life cycle, including— 

5 ‘‘(1) statewide or regional communications plan6 ning; 

7 ‘‘(2) system design and engineering; 

8 ‘‘(3) procurement and installation of equipment; 

9 ‘‘(4) exercises; 

10 ‘‘(5) modeling and simulation exercises for oper11 ational command and control functions; 

12 ‘‘(6) other activities determined by the Adminis13 trator to be integral to the achievement of emergency 

14 communications capabilities and communications 

15 interoperability; and 

16 ‘‘(7) technical assistance and training. 

17 ‘‘(c) COORDINATION.—The Administrator shall ensure 

18 that the Office of Grants and Training coordinates its ac19 tivities with the Office of Emergency Communications, the 

20 Directorate of Science and Technology and other Federal 

21 entities so that grants awarded under this section, and other 

22 grant programs related to homeland security, fulfill the 

23 purposes of this section and facilitate the achievement of 

24 emergency communications capabilities and communica25 tions interoperability consistent with the national strategy. 


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1 ‘‘(d) APPLICATION.— 

2 ‘‘(1) IN GENERAL.—A State or eligible region de3 siring a grant under this section shall submit an ap4 plication at such time, in such manner, and accom5 panied by such information as the Administrator 

6 may reasonably require. 

7 ‘‘(2) MINIMUM CONTENTS.—At a minimum, each 

8 application submitted under paragraph (1) shall— 

9 ‘‘(A) identify the critical aspects of the com10 munications life cycle, including planning, sys11 tem design and engineering, procurement and 

12 installation, and training for which funding is 

13 requested; 

14 ‘‘(B) describe how— 

15 ‘‘(i) the proposed use of funds would be 

16 consistent with and address the goals in 

17 any applicable State homeland security 

18 plan, and, unless the Secretary determines 

19 otherwise, is consistent with the national 

20 strategy and architecture; and 

21 ‘‘(ii) the applicant intends to spend 

22 funds under the grant, to administer such 

23 funds, and to allocate such funds among 

24 any participating local governments; and 


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1 ‘‘(C) be consistent with the Interoperable 

2 Communications Plan required by section 

3 7303(f) of the Intelligence Reform and Terrorism 

4 Prevention Act of 2004 (6 U.S.C. 194(f)). 

5 ‘‘(e) STATE REVIEW AND SUBMISSION.— 

6 ‘‘(1) IN GENERAL.—To ensure consistency with 

7 State homeland security plans, an eligible region ap8 plying for a grant under this section shall submit its 

9 application to each State within which any part of 

10 the eligible region is located for review before submis11 sion of such application to the Administrator. 

12 ‘‘(2) DEADLINE.—Not later than 30 days after 

13 receiving an application from an eligible region 

14 under paragraph (1), each such State shall transmit 

15 the application to the Administrator. 

16 ‘‘(3) STATE DISAGREEMENT.—If the Governor of 

17 any such State determines that a regional application 

18 is inconsistent with the State homeland security plan 

19 of that State, or otherwise does not support the appli20 cation, the Governor shall— 

21 ‘‘(A) notify the Administrator in writing of 

22 that fact; and 

23 ‘‘(B) provide an explanation of the reasons 

24 for not supporting the application at the time of 

25 transmission of the application. 


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1 ‘‘(f) AWARD OF GRANTS.— 

2 ‘‘(1) CONSIDERATIONS.—In approving applica3 tions and awarding grants under this section, the Ad4 ministrator shall consider— 

5 ‘‘(A) the nature of the threat to the State or 

6 eligible region from natural or man-made disas7 ters; 

8 ‘‘(B) the location, risk, or vulnerability of 

9 critical infrastructure and key national assets, 

10 including the consequences from damage to crit11 ical infrastructure in nearby jurisdictions as a 

12 result of a natural or man-made disaster; 

13 ‘‘(C) the size of the population, and the pop14 ulation density of the area, that will be served by 

15 the interoperable emergency communications sys16 tems, except that the Secretary shall not establish 

17 a minimum population requirement that would 

18 disqualify from consideration an area that other19 wise faces significant threats, vulnerabilities, or 

20 consequences from a natural or man-made dis21 aster; 

22 ‘‘(D) the extent to which grants will be used 

23 to implement emergency communications and 

24 interoperability solutions— 


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1 ‘‘(i) consistent with the national strat2 egy and compatible with national infra3 structure and equipment standards; and 

4 ‘‘(ii) more efficient and cost effective 

5 than current approaches; 

6 ‘‘(E) the number of jurisdictions within re7 gions participating in the development of emer8 gency communications capabilities and inter9 operable emergency communications systems, in10 cluding the extent to which the application in11 cludes all incorporated municipalities, counties, 

12 parishes, and tribal governments within the 

13 State or eligible region, and their coordination 

14 with Federal and State agencies; 

15 ‘‘(F) the extent to which a grant would ex16 pedite the achievement of emergency communica17 tions capabilities and communications interoper18 ability in the State or eligible region with Fed19 eral, State, and local government agencies; 

20 ‘‘(G) the extent to which a State or eligible 

21 region, given its financial capability, dem22 onstrates its commitment to expeditiously achiev23 ing emergency communications capabilities and 

24 communications interoperability by 


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1 supplementing Federal funds with non-Federal 

2 funds; 

3 ‘‘(H) whether the State or eligible region is 

4 on or near an international border; 

5 ‘‘(I) whether the State or eligible region en6 compasses an economically significant border 

7 crossing; 

8 ‘‘(J) whether the State or eligible region has 

9 a coastline bordering an ocean or international 

10 waters including the Great Lakes; 

11 ‘‘(K) the extent to which geographic barriers 

12 pose unusual obstacles to achieving emergency 

13 communications capabilities or communications 

14 interoperability; 

15 ‘‘(L) the threats, vulnerabilities, and con16 sequences faced by the State or eligible region re17 lated to at-risk sites or activities in nearby juris18 dictions, including the need to respond to nat19 ural or man-made disasters arising in those ju20 risdictions; 

21 ‘‘(M) the need to achieve nationwide emer22 gency communications capabilities and commu23 nications interoperability, consistent with the 

24 national strategies; 


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1 ‘‘(N) the extent to which the State has for2 mulated a State executive interoperability com3 mittee or conducted similar statewide planning 

4 efforts; 

5 ‘‘(O) whether the activity for which a grant 

6 is requested is being funded under another home7 land security grant program; and 

8 ‘‘(P) such other factors as are specified by 

9 the Secretary in writing. 

10 ‘‘(2) REVIEW PANEL.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall es12 tablish a review panel under section 871(a) to 

13 assist in reviewing grant applications under this 

14 section. 

15 ‘‘(B) RECOMMENDATIONS.—The review 

16 panel established under subparagraph (A) shall 

17 make recommendations to the Administrator re18 garding applications for grants under this sec19 tion. 

20 ‘‘(C) MEMBERSHIP.—The review panel es21 tablished under subparagraph (A) shall include 

22 individuals with technical expertise in emer23 gency communications and communications 

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1 viders and other relevant State and local govern2 ment officials. 

3 ‘‘(3) AVAILABILITY OF FUNDS.—Any grant funds 

4 awarded that may be used to support emergency com5 munications capabilities or communications inter6 operability shall, as the Administrator may deter7 mine, remain available for up to 3 years, consistent 

8 with section 7303(e) of the Intelligence Reform and 

9 Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).’’. 

10 SEC. 102. CONFORMING AMENDMENTS RELATING TO INTEL11 LIGENCE REFORM. 

12 Section 7303(g) of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (6 U.S.C. 194(g)) is amend14 ed— 

15 (1) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) INTEROPERABLE EMERGENCY COMMUNICA18 TIONS SYSTEM AND COMMUNICATIONS INTEROPER19 ABILITY.—The terms ‘interoperable emergency com20 munications system’ and ‘communications interoper21 ability’ mean the ability of emergency response pro22 viders and relevant Federal, State, and local govern23 ment agencies to— 


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1 ‘‘(A) communicate with each other as nec2 essary, using information technology systems 

3 and radio communications systems; and 

4 ‘‘(B) exchange voice, data, or video with 

5 each other on demand, in real time, as nec6 essary.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(3) EMERGENCY COMMUNICATIONS CAPABILI9 TIES.—The term ‘emergency communications capa10 bilities’ means the ability to provide and maintain, 

11 throughout an emergency response operation, a con12 tinuous flow of information among emergency re13 sponders, agencies, and government officials from 

14 multiple disciplines and jurisdictions and at all levels 

15 of government in the event of a natural disaster, ter16 rorist attack, or other large-scale or catastrophic 

17 emergency, including where there has been significant 

18 damage to, or destruction of, critical infrastructure, 

19 substantial loss of ordinary telecommunications infra20 structure, and sustained loss of electricity.’’. 

21 SEC. 103. BORDER INTEROPERABILITY DEMONSTRATION 

22 PROJECTS. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘demonstration project’’ means a 

2 demonstration project established under subsection 

3 (b)(1); and 

4 (2) the term ‘‘interoperable emergency commu5 nications system’’ has the meaning given that term in 

6 section 501 of the Homeland Security Act of 2002, as 

7 amended by this Act. 

8 (b) IN GENERAL.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Department an ‘‘International Border Commu11 nity Interoperable Communications Demonstration 

12 Project’’. 

13 (2) MINIMUM NUMBER OF COMMUNITIES.—The 

14 Secretary shall select not fewer than 6 communities to 

15 participate in a demonstration project. 

16 (3) LOCATION OF COMMUNITIES.—Not fewer than 

17 3 of the communities selected under paragraph (2) 

18 shall be located on the northern border of the United 

19 States and not fewer than 3 of the communities se20 lected under paragraph (2) shall be located on the 

21 southern border of the United States. 

22 (c) PROJECT REQUIREMENTS.—A demonstration 

23 project shall— 

24 (1) address the interoperable emergency commu25 nications system needs of police officers, firefighters, 


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1 emergency medical technicians, National Guard, and 

2 other emergency response providers; 

3 (2) foster interoperable emergency communica4 tions systems— 

5 (A) among Federal, State, local, and tribal 

6 government agencies in the United States in7 volved in preventing or responding to terrorist 

8 attacks or other catastrophic events; and 

9 (B) with similar agencies in Canada or 

10 Mexico; 

11 (3) identify common international cross-border 

12 frequencies for communications equipment, including 

13 radio or computer messaging equipment; 

14 (4) foster the standardization of equipment for 

15 interoperable emergency communications systems; 

16 (5) identify solutions that will facilitate commu17 nications interoperability across national borders ex18 peditiously; 

19 (6) ensure that emergency response providers can 

20 communicate with each other and the public at dis21 aster sites; 

22 (7) provide training and equipment to enable 

23 emergency response providers to deal with threats and 

24 contingencies in a variety of environments; and 


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1 (8) identify and secure appropriate joint-use 

2 equipment to ensure communications access. 

3 (d) DISTRIBUTION OF FUNDS.— 

4 (1) IN GENERAL.—The Secretary shall distribute 

5 funds under this section to each community partici6 pating in a demonstration project through the State, 

7 or States, in which each community is located. 

8 (2) OTHER PARTICIPANTS.—Not later than 60 

9 days after receiving funds under paragraph (1), a 

10 State receiving funds under this section shall make 

11 the funds available to the local governments and 

12 emergency response providers selected by the Secretary 

13 to participate in a demonstration project. 

14 (e) REPORTING.—Not later than December 31, 2007, 

15 and each year thereafter in which funds are appropriated 

16 for a demonstration project, the Secretary shall submit to 

17 the Committee on Homeland Security and Governmental 

18 Affairs of the Senate and the Committee on Homeland Se19 curity of the House of Representatives a report on the dem20 onstration projects. 

21 SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS. 

22 (a) EXECUTIVE SCHEDULE.— 

23 (1) ADMINISTRATOR.—Section 5313 of title 5, 

24 United States Code, is amended by adding at the end 

25 the following: 


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1 ‘‘Administrator of the Federal Emergency Man2 agement Agency.’’. 

3 (2) DIRECTORS.—Section 5314 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘Directors, Federal Emergency Management 

7 Agency.’’. 

8 (b) OFFICERS OF THE DEPARTMENT.—Section 103(a) 

9 of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) 

10 is amended— 

11 (1) by striking paragraph (5) and inserting the 

12 following: 

13 ‘‘(5) An Administrator of the Federal Emergency 

14 Management Agency.’’; 

15 (2) by striking paragraph (2); and 

16 (3) by redesignating paragraphs (3) through (10) 

17 (as amended by this subsection) as paragraphs (2) 

18 through (9), respectively. 

19 (c) REFERENCES.—Any reference to the Director of the 

20 Federal Emergency Management Agency, in any law, rule, 

21 regulation, certificate, directive, instruction, or other offi22 cial paper in force on the effective date of this title shall 

23 be considered to refer and apply to the Administrator of 

24 the Federal Emergency Management Agency. 


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1 (d) TABLE OF CONTENTS.—The table of contents in 

2 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

3 101 et seq.) is amended by striking the items relating to 

4 title V and sections 501 through 509 and inserting the fol5 lowing: 

‘‘TITLE V—NATIONAL EMERGENCY MANAGEMENT 

‘‘Sec. 501. Definitions. 

‘‘Subtitle A—Preparedness and Response 

‘‘Sec. 511. Definitions. 

‘‘Sec. 512. Federal Emergency Management Agency. 

‘‘Sec. 513. Authorities and responsibilities. 

‘‘Sec. 514. Agency components. 

‘‘Sec. 515. Preserving the Federal Emergency Management Agency. 

‘‘Sec. 516. Directors. 

‘‘Sec. 517. Regional Offices. 

‘‘Sec. 518. National Advisory Council on Preparedness and Response. 

‘‘Sec. 519. National Incident Management System Integration Center. 

‘‘Sec. 520. National Operations Center. 

‘‘Sec. 521. Chief Medical Officer. 

‘‘Sec. 522. Public and community preparedness. 

‘‘Sec. 523. Basic life supporting first aid education for children. 

‘‘Sec. 524. SAVER Program. 

‘‘Sec. 525. National Search and Rescue Response System. 

‘‘Sec. 526. Metropolitan Medical Response System. 

‘‘Sec. 527. The National Infrastructure Simulation and Analysis Center. 

‘‘Sec. 528. Emergency Management Assistance Compact. 

‘‘Sec. 529. Office for the Prevention of Terrorism. 

‘‘Sec. 530. Department officials. 

‘‘Sec. 531. Credentialing. 

‘‘Sec. 532. Typing of resources. 

‘‘Sec. 533. Providing secure access to critical infrastructure. 

‘‘Sec. 534. Improvements to information technology systems. 

‘‘Sec. 535. Evacuation technical assistance. 

‘‘Sec. 536. Evacuation Plans and Exercises. 

‘‘Sec. 537. Minimum performance measure requirements. 

‘‘Sec. 538. Coordination between the Agency and the United States Army Corps 

of Engineers. 

‘‘Sec. 539. Disclosure of certain information to law enforcement agencies. 

‘‘Sec. 540. Nuclear incident response. 

‘‘Sec. 541. Conduct of certain public health-related activities. 

‘‘Sec. 542. Use of national private sector networks in emergency response. 

‘‘Sec. 543. Use of commercially available technology, goods, and services. 

‘‘Sec. 544. Procurement of security countermeasures for strategic national stockpile. 

‘‘Sec. 545. Urban and other high risk area communications capabilities. 


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‘‘Subtitle B—Emergency Communications 

‘‘Sec. 551. Definitions. 

‘‘Sec. 552. Office of Emergency Communications. 

‘‘Sec. 553. National Emergency Communications Strategy. 

‘‘Sec. 554. Assessments and reports. 

‘‘Sec. 555. Coordination of Federal emergency communications grant programs. 

‘‘Sec. 556. Emergency communications interoperability research and development. 

‘‘Sec. 557. Emergency communications pilot projects. 

‘‘Sec. 558. Emergency communications and interoperability grants.’’. 

1 TITLE II—STAFFORD ACT 

2 AMENDMENTS 

3 SEC. 201. GENERAL FEDERAL ASSISTANCE. 

4 (a) MAJOR DISASTERS.—Section 402 of the Robert T. 

5 Stafford Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5170a) is amended— 

7 (1) by striking ‘‘In any major disaster, the 

8 President’’ and inserting the following: 

9 ‘‘(a) IN GENERAL.—In any major disaster, the Presi10 dent’’; 

11 (2) in subsection (a)(1), as so designated by this 

12 section, by striking ‘‘efforts’’ and inserting ‘‘response 

13 or recovery efforts, including precautionary evacu14 ations’’; 

15 (3) in subsection (a)(2), as so designated by this 

16 section, by striking the semicolon and inserting ‘‘, in17 cluding precautionary evacuations;’’; 

18 (4) in subsection (a)(3), as so designated by this 

19 section, by striking ‘‘and’’ at the end; 


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1 (5) in subsection (a)(4), as so designated by this 

2 section, by striking the period and inserting ‘‘; and’’; 

3 and 

4 (6) by adding at the end the following: 

5 ‘‘(5) provide accelerated Federal assistance and 

6 Federal support where necessary to save lives, prevent 

7 human suffering, or mitigate severe damage, which 

8 may be provided in the absence of a specific request 

9 and in which case the President— 

10 ‘‘(A) shall, to the fullest extent practicable, 

11 promptly notify and coordinate with officials in 

12 a State in which such assistance or support is 

13 provided; and 

14 ‘‘(B) shall not, in notifying and coordi15 nating with a State under subparagraph (A), 

16 delay or impede the rapid deployment, use, and 

17 distribution of critical resources to victims of a 

18 major disaster. 

19 ‘‘(b) RECOVERY EFFORTS.—In any major disaster, the 

20 President may assist State and local governments in short21 term and long-term recovery from the consequences of a 

22 major disaster and coordinate any such Federal assistance 

23 provided by— 

24 ‘‘(1) identifying Federal programs and agencies 

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1 term recovery efforts of State, regional, local, and 

2 tribal governments; 

3 ‘‘(2) directing any Federal agency, with or with4 out reimbursement, to utilize its authorities and re5 sources to— 

6 ‘‘(A) support State and local governments, 

7 nongovernmental organizations, and the private 

8 sector by conducting a postdisaster assessment of 

9 social, economic, and environmental impacts; 

10 and 

11 ‘‘(B) provide technical assistance, guidance, 

12 and resources to State and local governments to 

13 undertake long-term recovery activities; 

14 ‘‘(3) creating a plan that clearly outlines the 

15 roles, responsibilities, and shared activities of each 

16 Federal department and agency involved in long-term 

17 recovery activities; 

18 ‘‘(4) coordinating long-term recovery activities 

19 and mitigation provided by all Federal agencies, non20 governmental organizations, the private sector, and 

21 State and local governments; and 

22 ‘‘(5) providing technical assistance and other ad23 vice to State and local governments affected by the 

24 major disaster to— 


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1 ‘‘(A) assess social, economic, and environ2 mental impacts (including impacts to living re3 sources) of the major disaster on the affected geo4 graphic region; 

5 ‘‘(B) support coordinated, multi-scale plan6 ning that takes postdisaster assessments and haz7 ard and risk modeling into account; 

8 ‘‘(C) coordinate data sharing and informa9 tion management between Federal agencies, 

10 State and local governments, nongovernmental 

11 organizations, and the private sector; 

12 ‘‘(D) coordinate implementation of plans 

13 for long-term recovery activities; and 

14 ‘‘(E) manage, control, and mitigate hazards 

15 and risk in a way that reduces injuries, loss of 

16 life, damage to the natural environment, and 

17 damage and destruction of property, including 

18 damage to living resources and facilities. 

19 ‘‘(c) GUIDELINES.—The President shall promulgate 

20 and maintain guidelines to assist Governors in requesting 

21 the declaration of a major disaster in advance of a natural 

22 or man-made disaster (including for the purpose of seeking 

23 assistance with special needs and other evacuation efforts) 

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1 able to affected States and the circumstances under which 

2 such requests are likely to be approved.’’. 

3 (b) EMERGENCIES.—Section 502 of the Robert T. Staf4 ford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5192) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking the semi8 colon and inserting ‘‘, including precautionary 

9 evacuations;’’; 

10 (B) in paragraph (6), by striking ‘‘and’’ 

11 after the semicolon; 

12 (C) in paragraph (7), by striking the period 

13 and inserting ‘‘; and’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(8) provide accelerated Federal assistance and 

16 Federal support where necessary to save lives, prevent 

17 human suffering, or mitigate severe damage, which 

18 may be provided in the absence of a specific request 

19 and in which case the President— 

20 ‘‘(A) shall, to the fullest extent practicable, 

21 promptly notify and coordinate with a State in 

22 which such assistance or support is provided; 

23 and 

24 ‘‘(B) shall not, in notifying and coordi25 nating with a State under subparagraph (A), 


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1 delay or impede the rapid deployment, use, and 

2 distribution of critical resources to victims of an 

3 emergency.’’; 

4 (2) in subsection (b), by striking the period and 

5 inserting ‘‘, including precautionary evacuations.’’; 

6 and 

7 (3) by adding at the end the following: 

8 ‘‘(c) GUIDELINES.—The President shall promulgate 

9 and maintain guidelines to assist Governors in requesting 

10 the declaration of an emergency in advance of a natural 

11 or man-made emergency (including for the purpose of seek12 ing assistance with special needs and other evacuation ef13 forts) under this section by defining the types of assistance 

14 available to affected States and the circumstances under 

15 which such requests are likely to be approved.’’. 

16 SEC. 202. NATIONAL DISASTER RECOVERY STRATEGY. 

17 (a) IN GENERAL.—The Administrator, in coordination 

18 with the Secretary of Housing and Urban Development, the 

19 Administrator of the Environmental Protection Agency, the 

20 Secretary of Agriculture, the Secretary of Commerce, the 

21 Secretary of the Treasury, the Administrator of the Small 

22 Business Administration, and State and local government 

23 officials (including through the National Advisory Council) 

24 shall develop, coordinate, and maintain a National Disaster 

25 Recovery Strategy. 


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1 (b) CONTENTS.—The National Disaster Recovery 

2 Strategy shall— 

3 (1) outline the most efficient and cost effective 

4 Federal programs that will meet the short-term and 

5 long-term recovery needs of States, local governments, 

6 and individuals affected by a major disaster; 

7 (2) clearly define the role, programs, authorities, 

8 and responsibilities of each Federal department or 

9 agency that may be of assistance in providing assist10 ance in the recovery from a major disaster; 

11 (3) promote the use of the most appropriate and 

12 cost-effective building materials (based on the hazards 

13 present in an area) in any area affected by a major 

14 disaster, with the goal of encouraging the construction 

15 of disaster-resistant buildings; and 

16 (4) describe in detail the programs that will be 

17 offered by the departments and agencies described in 

18 paragraph (2), including— 

19 (A) discussing funding issues; 

20 (B) detailing how responsibilities under the 

21 National Disaster Recovery Strategy will be 

22 shared; and 

23 (C) addressing other matters concerning the 

24 cooperative effort to provide recovery assistance. 


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1 (c) REPORT.—Not later than 270 days after the date 

2 of enactment of this Act, and on May 1 of every year there3 after, the Administrator shall submit to the Committee on 

4 Homeland Security and Governmental Affairs of the Senate 

5 and the Committee on Homeland Security of the House of 

6 Representatives a report describing in detail the National 

7 Disaster Recovery Strategy and any additional authorities 

8 necessary to implement any portion of the National Dis9 aster Recovery Strategy. 

10 SEC. 203. MITIGATION. 

11 (a) IN GENERAL.—Section 322 of the Robert T. Staf12 ford Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5165) is amended— 

14 (1) in subsection (a), by inserting ‘‘or man15 made’’ after ‘‘natural’’; and 

16 (2) by striking subsection (c)(1) and inserting 

17 the following: 

18 ‘‘(1) identify the natural and man-made haz19 ards, risks, and vulnerabilities of areas in the State 

20 which substantially increase the risk of damage, hard21 ship, loss, or suffering in the event of an emergency 

22 or major disaster;’’. 

23 (b) HAZARD MITIGATION.—The second sentence of sec24 tion 404(a) of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended 

2 by inserting ‘‘or man-made’’ after ‘‘natural’’. 

3 SEC. 204. DISASTER HOUSING STRATEGY. 

4 (a) IN GENERAL.—The Administrator, in coordination 

5 with the Secretary of Housing and Urban Development and 

6 State and local government officials (including through the 

7 National Advisory Council) shall develop, coordinate, and 

8 maintain a National Disaster Housing Strategy. 

9 (b) CONTENTS.—The National Disaster Housing 

10 Strategy shall— 

11 (1) outline the most efficient and cost effective 

12 Federal programs that will best meet the short-term 

13 and long-term housing needs of individuals and 

14 households affected by a major disaster; 

15 (2) clearly define the role, programs, authorities, 

16 and responsibilities of each entity in providing hous17 ing assistance in the event of a major disaster, in18 cluding— 

19 (A) the Agency; 

20 (B) the Department of Housing and Urban 

21 Development; 

22 (C) the Department of Agriculture; 

23 (D) the Department of Veterans Affairs; 

24 (E) the Department of Health and Human 

25 Services; 


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1 (F) any other Federal agency that may pro2 vide housing assistance in the event of a major 

3 disaster; 

4 (G) the American Red Cross; and 

5 (H) State and local governments; 

6 (3) describe in detail the programs that will be 

7 offered by the entities described in paragraph (2), in8 cluding— 

9 (A) outlining any funding issues; 

10 (B) detailing how responsibilities under the 

11 National Disaster Housing Strategy will be 

12 shared; and 

13 (C) addressing other matters concerning the 

14 cooperative effort to provide housing assistance 

15 during a major disaster; 

16 (4) consider methods through which housing as17 sistance can be provided to individuals and house18 holds where employment and other resources for living 

19 are available; 

20 (5) describe programs directed to meet the needs 

21 of special needs and low income populations; 

22 (6) describe plans for the operation of clusters of 

23 housing provided to individuals and households, in24 cluding access to public services, site management, se25 curity, and site density; and 


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1 (7) describe any additional authorities necessary 

2 to carry out any portion of the strategy. 

3 (c) REPORT.—Not later than 270 days after the date 

4 of enactment of this Act, and on May 1 of every year there5 after, the Administrator shall submit to the Committee on 

6 Homeland Security and Governmental Affairs and the 

7 Committee on Banking, Housing, and Urban Affairs of the 

8 Senate and the Committee on Homeland Security and the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives a report describing in detail the 

11 National Disaster Housing Strategy, including programs 

12 directed to meeting the needs of special needs populations. 

13 SEC. 205. ESSENTIAL SERVICES. 

14 Title IV of the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS. 

18 ‘‘(a) DEFINITION.—In this section, the term ‘essential 

19 service provider’ means an entity that— 

20 ‘‘(1) provides— 

21 ‘‘(A) telecommunications service; 

22 ‘‘(B) electrical power; 

23 ‘‘(C) natural gas; 

24 ‘‘(D) water and sewer services; or 


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1 ‘‘(E) any other essential service, as deter2 mined by the President; 

3 ‘‘(2) is— 

4 ‘‘(A) a municipal entity; 

5 ‘‘(B) a nonprofit entity; or 

6 ‘‘(C) a private, for-profit entity; and 

7 ‘‘(3) is contributing to efforts to respond to an 

8 emergency or major disaster. 

9 ‘‘(b) AUTHORIZATION.—In an emergency or major dis10 aster, the President may use Federal equipment, supplies, 

11 facilities, personnel, and other non-monetary resources to 

12 assist an essential service provider, in exchange for reason13 able compensation. 

14 ‘‘(c) COMPENSATION.— 

15 ‘‘(1) IN GENERAL.—The President shall, by regu16 lation, establish a mechanism to set reasonable com17 pensation to the Federal Government for the provision 

18 of assistance under subsection (b). 

19 ‘‘(2) CRITERIA.—The mechanism established 

20 under paragraph (1)– 

21 ‘‘(A) shall reflect the cost to the Government 

22 (or if this is not readily obtainable, the full mar23 ket value under the applicable circumstances) for 

24 assistance provided under subsection (b) in set25 ting compensation; 


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1 ‘‘(B) shall have, to the maximum degree fea2 sible, streamlined procedures for determining 

3 compensation; and 

4 ‘‘(C) may, at the President’s discretion, be 

5 based on a good faith estimate of cost to the Gov6 ernment rather than an actual accounting of 

7 costs. 

8 ‘‘(3) PERIODIC REVIEW.—The President shall pe9 riodically review, and if necessary revise, the regula10 tions established under paragraphs (1) and (2) to en11 sure that these regulations result in full compensation 

12 to the Government for transferred resources. Such re13 views shall occur not less frequently than once every 

14 2 years, and the results of such reviews shall be re15 ported to the Committee on Transportation and In16 frastructure and the Committee on Homeland Secu17 rity of the House of Representatives and the Com18 mittee on Homeland Security and Governmental Af19 fairs of the Senate.’’. 

20 SEC. 206. HAZARD MITIGATION GRANT PROGRAM FORMULA. 

21 The third sentence of section 404(a) of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5170c(a)) is amended by striking ‘‘7.5 percent’’ and 

24 inserting ‘‘15 percent for amounts not more than 

25 $2,000,000,000, 10 percent for amounts of more than 


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1 $2,000,000,000 and not more than $10,000,000,000, and 7.5 

2 percent on amounts of more than $10,000,000,000 and not 

3 more than $35,333,000,000’’. 

4 SEC. 207. HOUSING ASSISTANCE. 

5 Section 408 of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 5174) is amend7 ed— 

8 (1) in subsection (b), by adding at the end the 

9 following: 

10 ‘‘(3) CONSENT OF INDIVIDUAL OR HOUSE11 HOLD.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (2), the President shall seek the consent of 

14 each individual or household before providing 

15 such individual or household with a direct hous16 ing assistance option. 

17 ‘‘(B) REJECTION OF DIRECT HOUSING AS18 SISTANCE.—If an individual or household does 

19 not provide consent under subparagraph (A), 

20 such individual or household shall remain eligi21 ble for any other assistance available under this 

22 section.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘TEMPORARY HOUSING’’ and inserting 

3 ‘‘HOUSING’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (i), by striking 

6 ‘‘housing units’’ and inserting ‘‘semi7 permanent, or permanent housing 

8 units’’; and 

9 (II) in clause (iii), by striking 

10 ‘‘housing unit’’ and inserting ‘‘semi11 permanent, or permanent housing 

12 unit’’; and 

13 (B) in paragraph (4)— 

14 (i) by inserting ‘‘or semi-permanent’’ 

15 after ‘‘permanent’’; 

16 (ii) by striking ‘‘insular’’; and 

17 (iii) by striking ‘‘remote’’; and 

18 (3) in subsection (d)(2)(B)(ii)— 

19 (A) by striking ‘‘sole’’; and 

20 (B) by inserting ‘‘or for other purposes that 

21 further the public good’’ after ‘‘major disasters 

22 and emergencies’’. 


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1 SEC. 208. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSIST2 ANCE PROGRAMS. 

3 Section 408(c) of the Robert T. Stafford Disaster Relief 

4 and Emergency Assistance Act (42 U.S.C. 5174(c)) is 

5 amended— 

6 (1) by striking paragraph (2)(C); and 

7 (2) in paragraph (3)— 

8 (A) by striking subparagraph (B); and 

9 (B) by redesignating subparagraph (C) as 

10 subparagraph (B). 

11 SEC. 209. COORDINATING OFFICERS. 

12 Section 302 of the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 U.S.C. 5143(b)) is 

14 amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (3), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (4), by striking the period 

19 and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(5) serve as a primary point of contact for, and 

22 provide situational awareness to, the Secretary of 

23 Homeland Security.’’; and 

24 (2) by adding after subsection (c) the following: 

25 ‘‘(d) Where the area affected by a major disaster or 

26 emergency includes parts of more than 1 State, the PresiVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 dent, at the discretion of the President, may appoint a sin2 gle Federal coordinating officer for the entire affected area, 

3 and may appoint such deputy Federal coordinating officers 

4 to assist the Federal coordinating officer as the President 

5 determines appropriate.’’. 

6 SEC. 210. DEFINITIONS. 

7 Section 102 of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 5122) is amend9 ed— 

10 (1) in paragraph (2)— 

11 (A) by striking ‘‘catastrophe’’ and inserting 

12 ‘‘disaster’’; and 

13 (B) by striking ‘‘or, regardless of cause, any 

14 fire, flood, or explosion, in any part of the 

15 United States, which in the determination of the 

16 President causes damage’’ and inserting ‘‘any 

17 fire, flood, or explosion (regardless of cause), any 

18 act of domestic terrorism or international ter19 rorism (as those terms are defined in section 

20 2331 of title 18, United States Code), any out21 break of infectious disease, or any chemical re22 lease, in any part of the United States, which in 

23 the determination of the President causes damage 

24 (including from erosion)’’; 


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1 (2) in paragraph (9), by inserting ‘‘(including 

2 museums, zoos, performing arts facilities, community 

3 centers, libraries, homeless shelters, senior citizen cen4 ters, rehabilitation facilities, shelter workshops, and 

5 facilities that provide health and safety services of a 

6 governmental nature)’’ after ‘‘general public’’; 

7 (3) by redesignating paragraphs (6) through (9) 

8 as paragraphs (7) through (10), respectively; and 

9 (4) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) INDIVIDUAL WITH A DISABILITY.—The term 

12 ‘individual with a disability’ means an individual 

13 with a disability as defined in section 3(2) of the 

14 Americans with Disabilities Act of 1990 (42 U.S.C. 

15 12102(2)).’’. 

16 SEC. 211. CATASTROPHIC DAMAGE ASSISTANCE. 

17 The Robert T. Stafford Disaster Relief and Emergency 

18 Assistance Act (42 U.S.C. 5121 et seq.) is amended— 

19 (1) by redesignating title VII as title VIII; 

20 (2) by redesignating sections 701 through 705 as 

21 subsections 801 through 805, respectively; and 

22 (3) by inserting after title VI, the following: 


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1 ‘‘TITLE VII—CATASTROPHIC 

2 DAMAGE ASSISTANCE 

3 ‘‘SEC. 701. PROCEDURES FOR CATASTROPHIC DAMAGES DE4 TERMINATIONS. 

5 ‘‘(a) IN GENERAL.—Following a declaration of a 

6 major disaster, if a damage assessment indicates that dam7 ages qualify as catastrophic, the President may provide, in 

8 addition to other relief available under this Act, the assist9 ance provided for in this title or alter the assistance avail10 able under this Act as described in this title. 

11 ‘‘(b) REGULATIONS.—The President shall promulgate 

12 regulations establishing a threshold for a catastrophic dam13 ages determination that greatly exceeds the threshold for the 

14 declaration of a major disaster and which include consider15 ation of— 

16 ‘‘(1) the dollar amount per capita of damage to 

17 the State, its political subdivisions, or a region; 

18 ‘‘(2) the impact on the ability of the State, its 

19 political subdivisions, or regions to perform response 

20 and recovery activities and to provide basic services 

21 to citizenry; 

22 ‘‘(3) the estimated impact of revenue loss to the 

23 State, its political subdivisions, or a region; 


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1 ‘‘(4) the number of individuals and households 

2 displaced from their predisaster residences by the 

3 event; 

4 ‘‘(5) the severity of loss of housing stock, utility 

5 services, and alternative living accommodations; 

6 ‘‘(6) the severity of the impact on employment 

7 rates in the State, its political subdivisions, or a re8 gion; 

9 ‘‘(7) the anticipated length and difficulty of the 

10 recovery process; and 

11 ‘‘(8) other factors that the President determines 

12 relevant. 

13 ‘‘SEC. 702. CATASTROPHIC DAMAGES. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) TYPES OF ASSISTANCE.—In the event of a 

16 catastrophic damages determination under section 

17 701, the President may provide to an individual or 

18 household any type of assistance authorized under sec19 tion 408 in the event of a major disaster. 

20 ‘‘(2) TERMS.—Except as provided in subsection 

21 (b), assistance under paragraph (1) shall be provided 

22 on the same terms and conditions as under section 

23 408. 

24 ‘‘(b) MAXIMUM AMOUNT; FEDERAL SHARE.— 


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1 ‘‘(1) MAXIMUM AMOUNT.—The President may in2 crease the maximum amount of assistance under sub3 section (a)(1), up to an amount equal to not more 

4 than twice the maximum amount authorized under 

5 section 408(h). 

6 ‘‘(2) FEDERAL SHARE.—The President may in7 crease the Federal share of the costs eligible to be paid 

8 for using assistance provided under subsection (a)(1) 

9 to not more than— 

10 ‘‘(A) 100 percent for assistance provided 

11 under section 408(g)(2) during the 3-month pe12 riod beginning on the date on which the Presi13 dent declared the major disaster; and 

14 ‘‘(B) 90 percent for assistance provided 

15 under section 408(g)(2) during the period begin16 ning on the day after the date described in sub17 paragraph (A) and ending on the date that is 9 

18 months after the date on which the President de19 clared the major disaster. 

20 ‘‘SEC. 703. MORTGAGE AND RENTAL ASSISTANCE. 

21 ‘‘(a) ELIGIBLE PERSON.—In this section, the term ‘eli22 gible person’ means an individual or household that— 

23 ‘‘(1) resides in the predisaster primary residence 

24 of such individual or household; 


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1 ‘‘(2) has experienced a loss of at least 20 percent 

2 of the predisaster income of such individual or house3 hold as a result of a major disaster; 

4 ‘‘(3) has a rent or mortgage payment that con5 stitutes at least 25 percent of the postdisaster income 

6 of such individual or household; and 

7 ‘‘(4) as a result of financial hardship caused by 

8 the incident determined to have caused catastrophic 

9 damage, is subject to— 

10 ‘‘(A) dispossession or eviction from the resi11 dence of the individual or household; or 

12 ‘‘(B) foreclosure of a mortgage or lien or 

13 termination of a lease entered into before the 

14 date on which the incident determined to have 

15 caused catastrophic damage was declared. 

16 ‘‘(b) ASSISTANCE.—The President may provide assist17 ance to eligible persons to make mortgage or rental pay18 ments. 

19 ‘‘(c) LIMITATIONS.—Assistance under subsection (b) 

20 shall be included against the assistance limitation under 

21 section 702(b)(1). Such assistance shall be provided as an 

22 alternative to other housing assistance described in sections 

23 408(b) and 702(a). 

24 ‘‘(d) PROMULGATION OF RULES AND VERIFICATION

25 REQUIREMENTS.—Not later than 120 days after the date 


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1 of enactment of the Post-Katrina Emergency Management 

2 Reform Act of 2006, the President shall promulgate rules 

3 and issue verification requirements, documents, and proce4 dures to administer the program authorized under this sec5 tion. 

6 ‘‘(e) PERIOD OF ASSISTANCE.—The President may not 

7 provide assistance to an individual or household under sub8 section (b) for more than 12 months during the 18-month 

9 period beginning on the date of the declaration of the inci10 dent determined to have caused catastrophic damages by 

11 the President. 

12 ‘‘SEC. 704. DISASTER UNEMPLOYMENT ASSISTANCE. 

13 ‘‘(a) IN GENERAL.—The President may provide to an 

14 individual unemployed as a result of a major disaster caus15 ing catastrophic damages as determined under section 

16 701(a), any assistance authorized under section 410 in the 

17 event of a major disaster for the period authorized under 

18 subsection (b). 

19 ‘‘(b) DURATION OF ASSISTANCE.—The President may 

20 provide assistance to an individual under subsection (a) for 

21 not more than 39 weeks after the date on which the Presi22 dent declared the major disaster that resulted in the unem23 ployment of that individual. 


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1 ‘‘SEC. 705. COMMUNITY DISASTER LOAN PROGRAM. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (b), the President may provide to a local government located 

4 in an area that the President has determined has suffered 

5 catastrophic damages from a major disaster any assistance 

6 authorized under section 417 in the event of a major dis7 aster. 

8 ‘‘(b) MAXIMUM AMOUNT AND USE OF FUNDS.— 

9 ‘‘(1) MAXIMUM AMOUNT.—In providing assist10 ance under subsection (a), the President may waive 

11 the limitations under section 417(b) on the maximum 

12 amount of a loan under section 417, except that a 

13 loan under this section may not exceed 50 percent of 

14 the annual operating budget of that local government 

15 for the fiscal year of that local government in which 

16 the major disaster determined to have caused cata17 strophic damages occurs. The President may establish 

18 additional criteria for eligibility for assistance pro19 vided in excess of the limitation under section 417(b) 

20 in order to ensure that the additional assistance is 

21 awarded to those jurisdictions most impacted by the 

22 major disaster determined to have caused catastrophic 

23 damages. 

24 ‘‘(2) USE OF FUNDS.—The President may au25 thorize a local government receiving assistance under 

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1 cluding overtime, of employees of that local govern2 ment. 

3 ‘‘SEC. 706. REIMBURSEMENT FOR PURCHASES. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) DISASTER PERIOD.—The term ‘disaster pe6 riod’ means, with respect to any State that includes 

7 an area for which a major disaster has been declared 

8 in accordance with section 401, the period beginning 

9 on the earliest date on which any area of the State 

10 was so declared and ending on the latest date for 

11 which any such declaration of an area of the State 

12 terminates. 

13 ‘‘(2) SURVIVOR.—The term ‘survivor’ means an 

14 individual who— 

15 ‘‘(A) resides in an area for which a major 

16 disaster determined to have caused catastrophic 

17 damages has been declared in accordance with 

18 section 401; or 

19 ‘‘(B) resided in an area described in sub20 paragraph (A) during the 7 days immediately 

21 preceding the date of declaration of a major dis22 aster described in subparagraph (A). 

23 ‘‘(b) REIMBURSEMENT.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 provision of law, the President may reimburse a comVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 munity for each purchase of supplies (such as food, 

2 personal hygiene products, linens, and clothing) dis3 tributed to survivors. The Federal share of such assist4 ance shall be 90 percent. 

5 ‘‘(2) ELIGIBLE PURCHASES.—Reimbursement 

6 under paragraph (1) shall be available only with re7 spect to supplies that— 

8 ‘‘(A) are purchased with government funds; 

9 and 

10 ‘‘(B) would otherwise be eligible for reim11 bursement if purchased by a survivor. 

12 ‘‘(c) PERIOD OF APPLICABILITY.—This section and the 

13 authority provided by this section apply only to a commu14 nity assisting survivors from a State during the disaster 

15 period of the State. 

16 ‘‘SEC. 707. LONG-TERM RECOVERY OFFICES. 

17 ‘‘The President may establish and operate long-term 

18 recovery offices in any area in which the President has de19 clared a major disaster causing catastrophic damages, as 

20 determined under section 701(a) .’’. 

21 SEC. 212. INDIVIDUALS WITH DISABILITIES. 

22 (a) GUIDELINES.—Not later than 90 days after the 

23 date of enactment of this Act, the Administrator shall de24 velop guidelines to accommodate individuals with disabil25 ities, which shall include guidelines for— 


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1 (1) the accessibility of, and communications and 

2 programs in, shelters, recovery centers, and other fa3 cilities; and 

4 (2) devices used in connection with disaster oper5 ations, including first aid stations, mass feeding 

6 areas, portable payphone stations, portable toilets, 

7 and temporary housing. 

8 (b) NONDISCRIMINATION IN DISASTER ASSISTANCE.— 

9 Section 308(a) of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5151(a)) is amended 

11 by inserting ‘‘disability,’’ after ‘‘age,’’. 

12 (c) ESSENTIAL ASSISTANCE.—Section 403(a) of the 

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5170b(a)) is amended— 

15 (1) in paragraph (2), by inserting ‘‘durable med16 ical equipment,’’ after ‘‘medicine’’; and 

17 (2) in paragraph (3)— 

18 (A) in subparagraph (B), by inserting ‘‘du19 rable medical equipment,’’ after ‘‘medicine’’; 

20 (B) in subparagraph (H), by striking 

21 ‘‘and’’ at the end; 

22 (C) in subparagraph (I), by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (D) by adding at the end the following: 


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1 ‘‘(J) provision of rescue, care, shelter, and 

2 essential needs— 

3 ‘‘(i) to individuals with household pets 

4 and service animals; and 

5 ‘‘(ii) to such pets and animals.’’. 

6 (d) REPAIR, RESTORATION, AND REPLACEMENT OF

7 DAMAGED FACILITIES.—Section 406(e)(1)(A)(ii) of the 

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5172(e)(1)(A)(ii)) is amended by in10 serting ‘‘disability accessibility requirements,’’ after ‘‘speci11 fications’’ . 

12 (e) FEDERAL ASSISTANCE TO INDIVIDUALS AND

13 HOUSEHOLDS.—Section 408 of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5174) is amended— 

16 (1) in subsection (b)(1), by inserting ‘‘, or with 

17 respect to individuals with disabilities, rendered inac18 cessible or uninhabitable,’’ after ‘‘uninhabitable’’; and 

19 (2) in subsection (d)(1)(A)— 

20 (A) in clause (i), by striking ‘‘and’’ after 

21 the semicolon; 

22 (B) by redesignating clause (ii) as clause 

23 (iii); and 

24 (C) by inserting after clause (i) the fol25 lowing: 


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1 ‘‘(ii) meets the physical accessibility 

2 requirements for individuals with disabil3 ities; and’’. 

4 (f) EMERGENCY PUBLIC TRANSPORTATION.—Section 

5 419 of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5186) is amended by add7 ing at the end the following: ‘‘The President shall ensure 

8 to the maximum extent practicable that temporary public 

9 transportation services under this section are planned, de10 signed, and carried out to meet the needs of individuals 

11 with disabilities and others with special needs.’’. 

12 (g) EXERCISES.—The Administrator shall include in13 dividuals with disabilities in preparedness and planning 

14 activities. 

15 SEC. 213. DISABILITY COORDINATOR. 

16 The Robert T. Stafford Disaster Relief and Emergency 

17 Assistance Act is amended by inserting after section 302 

18 the following: 

19 ‘‘SEC. 302A. DISABILITY COORDINATOR. 

20 ‘‘(a) IN GENERAL.—After consultation with organiza21 tions representing individuals with disabilities and the 

22 Interagency Coordinating Council on Preparedness and In23 dividuals with Disabilities established under Executive 

24 Order 13347 (6 U.S.C. 312 note), the Administrator of the 

25 Federal Emergency Management Agency shall appoint a 


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1 Disability Coordinator. The Disability Coordinator shall 

2 report directly to the Administrator, in order to ensure that 

3 the needs of individuals with disabilities are being properly 

4 addressed in emergency preparedness and disaster relief. 

5 ‘‘(b) RESPONSIBILITIES.—The Disability Coordinator 

6 shall be responsible for— 

7 ‘‘(1) providing guidance and coordination on 

8 matters related to individuals with disabilities in 

9 emergency planning requirements and relief efforts in 

10 the event of a major disaster; 

11 ‘‘(2) interacting directly with the staff of the 

12 Federal Emergency Management Agency, the Inter13 agency Coordinating Council on Preparedness and 

14 Individuals with Disabilities established under Execu15 tive Order No. 13347 (6 U.S.C. 312 note), other agen16 cies of the Federal Government, and State and local 

17 government authorities regarding the needs of indi18 viduals with disabilities in emergency planning re19 quirements and relief efforts in the event of a major 

20 disaster; 

21 ‘‘(3) consulting with organizations that represent 

22 the interests and rights of individuals with disabil23 ities about the needs of individuals with disabilities 

24 in emergency planning requirements and relief efforts 

25 in the event of a major disaster; 


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1 ‘‘(4) coordinating and disseminating best prac2 tices and model evacuation plans for individuals with 

3 disabilities; 

4 ‘‘(5) developing a curriculum for training of 

5 emergency response providers (as that term is defined 

6 in section 102 of the Homeland Security Act of 2002 

7 (6 U.S.C. 101)) on the needs of individuals with dis8 abilities, including the needs of individuals with 

9 physical disabilities and the needs of individuals with 

10 psychiatric disabilities; 

11 ‘‘(6) developing training materials for State and 

12 local governmental officials, emergency response pro13 viders, and others about the importance of allowing 

14 individuals with disabilities to retain their durable 

15 medical equipment, wheelchairs, service animals, and 

16 other assistive devices, to the maximum extent pos17 sible, in the aftermath of a major disaster; 

18 ‘‘(7) working with the Director of the Centers for 

19 Medicare and Medicaid Services, durable medical 

20 equipment regional carriers, manufacturers and sup21 pliers of durable medical equipment, and medical 

22 professionals to draft an emergency response plan for 

23 the temporary loan or replacement of durable medical 

24 equipment in the event of a major disaster; 


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1 ‘‘(8) ensuring the accessibility of telephone hot2 lines and websites regarding emergency preparedness, 

3 evacuations, and disaster relief; 

4 ‘‘(9) working with the Chairman of the Federal 

5 Communications Commission to ensure that video 

6 programming distributors, including broadcasters, 

7 cable operators, and satellite television services, make 

8 emergency information accessible to individuals with 

9 hearing and vision disabilities; 

10 ‘‘(10) coordinating the availability of accessible 

11 transportation options for individuals with disabil12 ities in the event of an evacuation; 

13 ‘‘(11) providing guidance and implementing 

14 policies to ensure that the rights and wishes of indi15 viduals with disabilities regarding post-evacuation 

16 residency and relocation are respected; 

17 ‘‘(12) ensuring that meeting the needs of individ18 uals with disabilities are included in any Federal 

19 emergency response plans; and 

20 ‘‘(13) any other duties relevant to emergency 

21 preparedness and response for individuals with dis22 abilities.’’. 

23 SEC. 214. ACCESSIBLE HOUSING. 

24 Section 408(c)(1)(B) of the Robert T. Stafford Disaster 

25 Relief and Emergency Assistance Act (42 U.S.C. 


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1 5174(c)(1)(B)) is amended by adding at the end the fol2 lowing— 

3 ‘‘(iv) ACCESSIBILITY.— 

4 ‘‘(I) IN GENERAL.—Not less than 

5 7 percent of the total housing units 

6 provided under this subparagraph for 

7 a major disaster shall be made acces8 sible for persons with mobility impair9 ments. Not less than an additional 2 

10 percent of such units shall be made ac11 cessible for persons with hearing or vi12 sion impairments. Not less than 1 per13 cent of such units shall be made acces14 sible for persons with mobility and 

15 hearing or vision impairments. 

16 ‘‘(II) INCREASES.—Any State, 

17 local government, or Federal agency 

18 may request an increase in the per19 centage under subclause (I), based 

20 upon demonstration of a need for a 

21 higher percentage, based on census data 

22 or other available data on the location 

23 of people with disabilities, or in re24 sponse to evidence of a need for higher 

25 percentage or number received in any 


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1 other manner. In reviewing a request 

2 under this subclause, or otherwise as3 sessing the existence of such needs, the 

4 President shall take into account the 

5 expected needs of eligible persons with 

6 and without disabilities.’’. 

7 SEC. 215. GAO STUDY ON ACCESSIBILITY OF EMERGENCY 

8 SHELTERS. 

9 (a) IN GENERAL.—The Comptroller General of the 

10 United States shall conduct a national study regarding 

11 whether, and, if so, to what extent, emergency shelters for 

12 use in response to a major disaster are accessible to, and 

13 usable by, individuals with disabilities. 

14 (b) REPORT.—Not later than 12 months after the date 

15 of enactment of this Act, the Comptroller General of the 

16 United States shall submit a report to the Committee on 

17 Homeland Security and Governmental Affairs and the 

18 Committee on Health, Education, Labor, and Pensions of 

19 the Senate and the Committee on Homeland Security and 

20 the Committee on Education and the Workforce of the 

21 House of Representatives summarizing the results of the 

22 study conducted under subsection (a). 

23 SEC. 216. REUNIFICATION. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) CHILD LOCATOR CENTER.—The term ‘‘Child 

2 Locator Center’’ means the National Emergency Child 

3 Locator Center established under subsection (c). 

4 (2) DECLARED EVENT.—The term ‘‘declared 

5 event’’ means a major disaster or emergency. 

6 (3) DISPLACED ADULT.—The term ‘‘displaced 

7 adult’’ means an individual 21 years of age or older 

8 who is displaced from the habitual residence of that 

9 individual as a result of a declared event. 

10 (4) DISPLACED CHILD.—The term ‘‘displaced 

11 child’’ means an individual under 21 years of age 

12 who is displaced from the habitual residence of that 

13 individual as a result of a declared event. 

14 (b) NATIONAL EMERGENCY CHILD LOCATOR CEN15 TER.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of enactment of this Act, the Administrator, 

18 in coordination with the Attorney General of the 

19 United States, shall establish within the National 

20 Center for Missing and Exploited Children the Na21 tional Emergency Child Locator Center. In estab22 lishing the National Emergency Child Locator Center, 

23 the Administrator shall establish procedures to make 

24 all relevant information available to the National 

25 Emergency Child Locator Center in a timely manner 


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1 to facilitate the expeditious identification and reunifi2 cation of children with their families. 

3 (2) PURPOSES.—The purposes of the Child Loca4 tor Center are to— 

5 (A) enable individuals to provide to the 

6 Child Locator Center the name of and other 

7 identifying information about a displaced child 

8 or a displaced adult who may have information 

9 about the location of a displaced child; 

10 (B) enable individuals to receive informa11 tion about other sources of information about 

12 displaced children and displaced adults; and 

13 (C) assist law enforcement in locating dis14 placed children. 

15 (3) RESPONSIBILITIES AND DUTIES.—The re16 sponsibilities and duties of the Child Locator Center 

17 are to— 

18 (A) establish a toll-free telephone number to 

19 receive reports of displaced children and infor20 mation about displaced adults that may assist in 

21 locating displaced children; 

22 (B) create a website to provide information 

23 about displaced children; 


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1 (C) deploy its staff to the location of a de2 clared event to gather information about dis3 placed children; 

4 (D) assist in the reunification of displaced 

5 children with their families; 

6 (E) provide information to the public about 

7 additional resources for disaster assistance; 

8 (F) work in partnership with Federal, 

9 State, and local law enforcement agencies; 

10 (G) provide technical assistance in locating 

11 displaced children; 

12 (H) share information on displaced children 

13 and displaced adults with governmental agencies 

14 and nongovernmental organizations providing 

15 disaster assistance; 

16 (I) use its resources to gather information 

17 about displaced children; 

18 (J) refer reports of displaced adults to— 

19 (i) an entity designated by the Attor20 ney General to provide technical assistance 

21 in locating displaced adults; and 

22 (ii) the National Emergency Family 

23 Registry and Locator System as defined 

24 under section 217(a); and 


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1 (K) enter into cooperative agreements with 

2 Federal and State agencies and other organiza3 tions such as the American Red Cross as nec4 essary to implement the mission of the Child Lo5 cator Center; and 

6 (L) develop an emergency response plan to 

7 prepare for the activation of the Child Locator 

8 Center. 

9 (c) CONFORMING AMENDMENTS.—Section 403(1) of the 

10 Missing Children’s Assistance Act (42 U.S.C. 5772(1)) is 

11 amended— 

12 (1) in subparagraph (A), by striking ‘‘or’’ at the 

13 end; 

14 (2) in subparagraph (B), by adding ‘‘or’’ after 

15 the semicolon; and 

16 (3) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) the individual is an individual under 

19 21 years of age who is displaced from the habit20 ual residence of that individual as a result of an 

21 emergency or major disaster (as those terms are 

22 defined in section 102 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5122)).’’. 


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1 (d) REPORT.—Not later than 270 days after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to the Committee on Homeland Security and Governmental 

4 Affairs and the Committee on Health, Education, Labor 

5 and Pensions of the Senate and the Committee on Home6 land Security and the Committee on Energy and Commerce 

7 of the House of Representatives a report describing in detail 

8 the status of the Child Locator Center, including funding 

9 issues and any difficulties or issues in establishing the Cen10 ter or completing the cooperative agreements described 

11 under section 216(b)(3)(K). 

12 SEC. 217. NATIONAL EMERGENCY FAMILY REGISTRY AND 

13 LOCATOR SYSTEM. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘displaced individual’’ means an 

16 individual displaced by an emergency or major dis17 aster; and 

18 (2) the term ‘‘National Emergency Family Reg19 istry and Locator System’’ means the National Emer20 gency Family Registry and Locator System estab21 lished under subsection (b). 

22 (b) ESTABLISHMENT.—Not later than 180 days after 

23 the date of enactment of this Act, the Administrator shall 

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1 tor System to help reunify families separated after an emer2 gency or major disaster. 

3 (c) OPERATION OF SYSTEM.—The National Emer4 gency Family Registry and Locator System shall— 

5 (1) allow a displaced adult to voluntarily reg6 ister (and allow an adult that is the parent or guard7 ian of a displaced child to register such child), by 

8 submitting personal information to be entered into a 

9 database (such as the name, current location of resi10 dence, and any other relevant information that could 

11 be used by others seeking to locate that individual); 

12 (2) include a means of providing information 

13 submitted under paragraph (1) to individuals named 

14 by a displaced individual and to law enforcement of15 ficials; 

16 (3) be accessible through the Internet and 

17 through a toll-free number, to receive reports of dis18 placed individuals; and 

19 (4) include a means of referring displaced chil20 dren to the National Emergency Child Locator Center 

21 established under section 216. 

22 (d) PUBLICATION OF INFORMATION.—Not later than 

23 210 days after the date of enactment of this Act, the Admin24 istrator shall establish a mechanism to inform the public 

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1 tor System and its potential usefulness for assisting to re2 unite displaced individuals with their families. 

3 (e) COORDINATION.—Not later than 90 days after the 

4 date of enactment of this Act, the Administrator shall enter 

5 a memorandum of understanding with the Department of 

6 Justice, the National Center for Missing and Exploited 

7 Children, the Department of Health and Human Services, 

8 and the American Red Cross and other relevant private or9 ganizations that will enhance the sharing of information 

10 to facilitate reuniting displaced individuals with their fam11 ilies. 

12 (f) REPORT.—Not later than 270 days after the date 

13 of enactment of this Act, the Administrator shall submit 

14 to the Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Homeland Se16 curity of the House of Representatives a report describing 

17 in detail the status of the National Emergency Family Reg18 istry and Locator System, including any difficulties or 

19 issues in establishing the System, including funding issues. 

20 SEC. 218. FEDERAL ASSISTANCE TO INDIVIDUALS AND 

21 HOUSEHOLDS. 

22 (a) SHARED HOUSEHOLDS.— 

23 (1) IN GENERAL.—Section 408(b)(1) of the Rob24 ert T. Stafford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5174(b)(1)) is amended— 


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1 (A) by striking ‘‘The President may’’ and 

2 inserting the following: 

3 ‘‘(A) IN GENERAL.—The President may’’; 

4 and 

5 (B) by adding at the end the following: 

6 ‘‘(B) SHARED HOUSEHOLDS.— 

7 ‘‘(i) DEFINITION.—In this subpara8 graph, the term ‘member of the predisaster 

9 household’ means an individual who was a 

10 member of the predisaster household of the 

11 individual or a member of the predisaster 

12 household seeking assistance, as the case 

13 may be. 

14 ‘‘(ii) ELIGIBILITY FOR SHARED

15 HOUSEHOLDS.—The President may not 

16 deny assistance to an individual or house17 hold under this section because a member of 

18 the predisaster household has already re19 ceived assistance under this section, if the 

20 individual or household seeking assistance— 

21 ‘‘(I) has evacuated the predisaster 

22 residence of that individual or house23 hold and who for good cause, as deter24 mined by the President, resides in a 

25 different location than a member of the 


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1 predisaster household who has already 

2 received assistance under this section; 

3 ‘‘(II) is a victim of domestic vio4 lence, as defined under section 

5 40002(a)(6) of the Violence Against 

6 Women Act of 1994 (42 U.S.C. 

7 13925(a)(6)) and, in order to protect 

8 the safety of such individual or because 

9 of family or household break up or di10 vorce, resides in a different residence 

11 than the member of the predisaster 

12 household who has already received as13 sistance under this section; or 

14 ‘‘(III) has other good cause, as de15 termined by the President, for main16 taining a separate household from the 

17 member of the predisaster household 

18 who has already received assistance 

19 under this section. 

20 ‘‘(iii) DETERMINATION OF VICTIM OF

21 DOMESTIC VIOLENCE.—In determining 

22 whether someone is a victim of domestic vio23 lence for purposes of clause (ii)(II), the 

24 President shall consider all credible evi25 dence.’’. 


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1 (2) REGULATIONS.—Not later than 180 days 

2 after the date of enactment of this Act, the President 

3 shall issue regulations to carry out the amendments 

4 made by this subsection. 

5 (b) UTILITY COSTS AND FAIR MARKET RENT.—Sec6 tion 408(c)(1)(A) of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) 

8 is amended— 

9 (1) in clause (i), by adding at the end the fol10 lowing: ‘‘Such assistance may include the payment of 

11 the cost of utilities, excluding telephone service.’’; 

12 (2) in clause (ii), by inserting ‘‘security depos13 its,’’ after ‘‘hookups,’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(iii) ADJUSTMENTS TO AMOUNT.— 

16 ‘‘(I) IN GENERAL.—The President 

17 shall provide assistance under clause 

18 (i) in an amount up to 120 percent of 

19 fair market rent plus the costs de20 scribed in clause (ii) if the President 

21 determines that, as a result of rental 

22 market changes caused by the major 

23 disaster and its consequences, the fair 

24 market rent does not accurately reflect 

25 the reasonable cost of rental units 


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1 available to individuals and households 

2 receiving assistance under clause (i). 

3 The President may provide assistance 

4 over 120 percent of fair market rent if 

5 the President determines that due to 

6 extraordinary circumstances a higher 

7 percentage is necessary. The President 

8 shall publicly announce any adjust9 ment to the fair market rent in accord10 ance with this subsection. 

11 ‘‘(II) PERSONS WITH DISABIL12 ITIES.—The President shall adjust the 

13 amount of assistance under clause (i) 

14 if the President deems such adjustment 

15 necessary to accommodate the special 

16 housing needs of an individual with 

17 disabilities, as that term is as defined 

18 in section 3(2) of the Americans with 

19 Disabilities Act of 1990 (42 U.S.C. 

20 12102(2)). 

21 ‘‘(iv) DEFINITION.—In this subpara22 graph, the term ‘fair market rent’ means the 

23 rent (including utilities, except telephone 

24 service), as determined by the Department 

25 of Housing and Urban Development, for 


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1 units of varying sizes (by number of bed2 rooms), that must be paid in the market 

3 area to rent privately-owned, existing, de4 cent, safe, and sanitary rental housing of 

5 modest (non-luxury) nature with suitable 

6 amenities.’’. 

7 (c) GUIDANCE ON HOUSING ASSISTANCE.—Section 

8 408(c) of the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5174(c)) is amended by 

10 adding at the end the following: 

11 ‘‘(5) PUBLIC GUIDANCE ON HOUSING ASSIST12 ANCE.— 

13 ‘‘(A) IN GENERAL.—The President shall 

14 issue public guidance in simple terms explain15 ing— 

16 ‘‘(i) all types of housing assistance 

17 available under this Act to individuals and 

18 households affected by a major disaster; 

19 ‘‘(ii) the specific requirements that in20 dividuals and households shall meet to be el21 igible for different types of housing assist22 ance under this Act, including requirements 

23 for continuation of housing assistance pro24 vided; 


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1 ‘‘(iii) procedures for applying for such 

2 assistance; 

3 ‘‘(iv) any relevant local condition; and 

4 ‘‘(v) any modifications of previously 

5 announced policies or procedures. 

6 ‘‘(B) FORM OF ISSUING GUIDANCE.—The 

7 President shall— 

8 ‘‘(i) post the guidance described in sub9 paragraph (A) on the website of the Federal 

10 Emergency Management Agency; 

11 ‘‘(ii) provide a copy of the guidance 

12 described in subparagraph (A) to any indi13 vidual or household who requests housing 

14 assistance; and 

15 ‘‘(iii) take other reasonable steps to en16 sure that the guidance described in subpara17 graph (A) is freely accessible to the public. 

18 ‘‘(C) ACCESSIBILITY.—The guidance under 

19 subparagraph (A) shall be issued in formats that 

20 may be understood by individuals with— 

21 ‘‘(i) vison impairments; 

22 ‘‘(ii) limited English proficiency; and 

23 ‘‘(iii) other special needs. 


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1 ‘‘(D) REVISIONS.—Any revisions to the 

2 guidance described in subparagraph (A) shall be 

3 publicized as described in subparagraph (B). 

4 ‘‘(E) DEADLINE.—Not later than 5 days 

5 after declaring a major disaster, the President 

6 shall publicize the guidance described in this sec7 tion and any local modifications. The President 

8 shall also publicize any subsequent modifications 

9 to the policy guidance described in this section 

10 not later than 2 days after the date of any such 

11 modification.’’. 

12 SEC. 219. MENTAL HEALTH SERVICES. 

13 (a) IN GENERAL.—Section 416 of the Robert T. Staf14 ford Disaster Relief and Emergency Assistance Act (42 

15 U.S.C. 5183) is amended— 

16 (1) by inserting ‘‘and substance abuse’’ after 

17 ‘‘counseling’’; 

18 (2) by inserting ‘‘or prevent’’ after ‘‘relieve’’; 

19 (3) by inserting ‘‘or substance abuse’’ after 

20 ‘‘mental health’’; and 

21 (4) by inserting ‘‘or identified mental health con22 ditions or disorders’’ after ‘‘problems’’. 

23 (b) RESPONSE PLAN.—Not later than 180 days after 

24 the date of enactment of this Act, the Substance Abuse and 

25 Mental Health Services Administration and other Federal 


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1 agencies providing mental health or substance abuse serv2 ices, in coordination with the Administrator and State and 

3 local government officials with responsibilities for providing 

4 mental health or substance abuse prevention and services, 

5 shall— 

6 (1) conduct a survey of mental health or sub7 stance abuse services and any applicable support 

8 services available to individuals affected by major dis9 asters and to emergency response providers respond10 ing to major disasters; and 

11 (2) develop a strategy for the adequate provision 

12 of mental health and substance abuse services to indi13 viduals affected by major disasters and to emergency 

14 response providers responding to major disasters. 

15 SEC. 220. DISASTER RELATED INFORMATION SERVICES. 

16 (a) DEFINITION.—In this section— 

17 (1) the term ‘‘documents’’ includes— 

18 (A) emergency notifications, public broad19 casts, flyers, brochures, applications, and letters 

20 containing important information regarding as21 sistance authorized to be provided by the Presi22 dent under this Act, and the amendments made 

23 by this Act; 

24 (B) notices pertaining to the reduction, de25 nial, or termination of services or benefits under 


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1 this Act, and the amendments made by this Act, 

2 including the right to appeal such actions; and 

3 (C) notices of the availability of free lan4 guage services and other outreach materials; 

5 (2) the term ‘‘appropriate population segments’’ 

6 includes groups comprising a substantial portion of 

7 limited English proficient individuals in the area for 

8 which the President declares a major disaster; and 

9 (3) the term ‘‘individuals with limited English 

10 proficiency’’ means individuals who do not speak 

11 English as their primary language and who have a 

12 limited ability to read, write, speak, or understand 

13 English. 

14 (b) REASONABLE STEPS TO COMMUNICATE WITH

15 PEOPLE WITH LIMITED ENGLISH PROFICIENCY OR INDI16 VIDUALS WITH DISABILITIES.—In carrying out the Robert 

17 T. Stafford Disaster Relief and Emergency Assistance Act, 

18 the President shall— 

19 (1) ensure that all Federal entities that provide 

20 assistance under the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act, as amended by 

22 this Act, maintain, on a continuing and updated 

23 basis, the capability to administer competent inter24 pretation and translation services; 


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1 (2) consult all available data and communicate 

2 with State and local governments and relevant non3 governmental organizations for the purposes of— 

4 (A) identifying individuals with limited 

5 English proficiency; and 

6 (B) including such individuals in disaster 

7 preparedness planning; 

8 (3) direct all Federal agencies to implement dis9 aster relief assistance under the Robert T. Stafford 

10 Disaster Relief and Emergency Assistance Act by pro11 viding to appropriate population segments, in a time12 ly manner, competent interpretation services and 

13 translated documents; 

14 (4) provide documents to individuals with dis15 abilities or other special needs in formats they can 

16 understand; 

17 (5) ensure that translated documents are pro18 vided to organizations that could assist with their 

19 distribution to affected population segments; 

20 (6) have available for activation disaster assist21 ance employees sufficient to comply with paragraphs 

22 (1), (2), (3), and (4); and 

23 (7) develop and maintain an informational 

24 clearinghouse of model language assistance programs 


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1 and best practices for State and local governments in 

2 providing disaster and emergency related services. 

3 (c) TECHNICAL ASSISTANCE FOR DEVELOPMENT OF

4 PLANS AND PROGRAMS.—Section 201(b) of the Robert T. 

5 Stafford Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5131(b)) is amended by inserting ‘‘with and without 

7 English proficiency, disabilities, or other special needs’’ 

8 after ‘‘to individuals’’. 

9 SEC. 221. STANDARDS FOR STATE AND LOCAL EMERGENCY 

10 PREPAREDNESS OPERATIONAL PLANS. 

11 (a) STANDARDS.— 

12 (1) IN GENERAL.—Section 613 of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5196b) is amended— 

15 (A) by redesignating subsection (g) as sub16 section (h); and 

17 (B) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) STANDARDS FOR STATE AND LOCAL EMERGENCY

20 PREPAREDNESS PLANS.—In approving standards for State 

21 and local emergency preparedness plans under subsection 

22 (b)(3), the Administrator shall ensure that such plans take 

23 into account the needs of individuals with special needs and 

24 requirements as described in section 611(f) and individuals 

25 with pets as described in section 611(g).’’. 


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1 (2) PLAN REQUIREMENTS.—Section 613(b)(3) of 

2 the Robert T. Stafford Disaster Relief and Emergency 

3 Assistance Act (42 U.S.C. 5196b(b)(3)) is amended by 

4 inserting before the semicolon ‘‘, in consultation with 

5 State and local government officials’’. 

6 (b) PLANNING FOR SPECIAL NEEDS AND INDIVIDUALS

7 WITH PETS.—Section 611 of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42 U.S.C. 

9 5196) is amended— 

10 (1) by redesignating subsections (f) through (k) 

11 as subsections (h) through (m); and 

12 (2) by inserting after subsection (e) the following: 

13 ‘‘(f) The Administrator of the Federal Emergency 

14 Management Agency, shall take appropriate actions to en15 sure that each State, in its Homeland Security Strategy 

16 or other homeland security plan, provides detailed and com17 prehensive predisaster and postdisaster plans for individ18 uals with special needs and their care givers, including in19 dividuals with disabilities and individuals with chronic 

20 diseases, including those with service animals, individuals 

21 with limited English proficiency, children, and the elderly, 

22 including plans for medical care, evacuations and shel23 tering. The Administrator shall also ensure that such plans 

24 address the evacuation planning needs of those unable to 

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1 income or without access to private transportation and 

2 those requiring specialized transportation because of med3 ical conditions. 

4 ‘‘(g) The Administrator of the Federal Emergency 

5 Management Agency shall take appropriate actions to en6 sure that State and local emergency preparedness, evacu7 ation, and sheltering plans take into account the needs of 

8 individuals with household pets prior to, during, and fol9 lowing a major disaster or emergency.’’. 

10 (c) ASSISTANCE TO STATES AND LOCAL AUTHORI11 TIES.—Section 611(l)(1) of the Robert T. Stafford Disaster 

12 Relief and Emergency Assistance Act, as redesignated by 

13 subsection (b) of this section, is amended by striking the 

14 period at the end of the first sentence and inserting the fol15 lowing: ‘‘, and the Administrator of the Federal Emergency 

16 Management Agency may provide financial and technical 

17 support, including the services of subject matter experts, 

18 such as pediatricians and geriatricians, on the basis of pro19 grams or projects approved by the Administrator, to States 

20 and local governments for the purpose of developing and 

21 implementing plans for individuals with special needs and 

22 requirements, as identified in subsection (f), including pro23 curement of facilities and medical equipment and supplies 

24 for the care of such individuals, and individuals with pets 

25 as identified in subsection (g), including the procurement, 


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1 construction, leasing, or renovating of emergency shelter fa2 cilities and materials that will accommodate individuals 

3 with disabilities, individuals with special needs, and indi4 viduals with household pets or service animals.’’. 

5 (d) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, the Administrator 

7 shall submit to Congress a report— 

8 (1) evaluating the adequacy of the plans of the 

9 States to evacuate individuals with special needs and 

10 requirements, as described in section 611(f) of the 

11 Robert T. Stafford Disaster Relief and Emergency As12 sistance Act, as amended by subsection (b) of this sec13 tion, in emergencies or major disasters that would 

14 warrant their evacuation; and 

15 (2) discussing— 

16 (A) whether the States have the resources 

17 necessary to implement fully their evacuation 

18 and sheltering plans; and 

19 (B) the manner in which the plans of the 

20 States are integrated with the response plans of 

21 the Federal Government for natural and man22 made disasters that would require the evacuation 

23 and sheltering of individuals with special needs. 

24 (e) TRAINING PROGRAMS.—Section 611(h)(1) of the 

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1 ance Act, as redesignated by subsection (b) of this section 

2 is amended by striking subparagraph (A) and inserting the 

3 following: 

4 ‘‘(A) conduct or arrange by contract or oth5 erwise, the training programs for the instruction 

6 of emergency preparedness and response officials 

7 and other persons in the organization, operation 

8 and techniques of emergency preparedness and 

9 response, including planning for and responding 

10 to individuals with special needs;’’. 

11 SEC. 222. TRANSPORTATION ASSISTANCE AND CASE MAN12 AGEMENT SERVICES TO INDIVIDUALS AND 

13 HOUSEHOLDS. 

14 Title IV of the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5170 et seq.), as 

16 amended by this Act, is amended by adding at the end the 

17 following: 

18 ‘‘SEC. 426. TRANSPORTATION ASSISTANCE TO INDIVIDUALS 

19 AND HOUSEHOLDS. 

20 ‘‘The President may provide transportation assistance 

21 to relocate individuals displaced from their predisaster pri22 mary residences as a result of an incident declared under 

23 this Act or otherwise transported from their predisaster pri24 mary residences under section 403(a)(3) or 502, to and 

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1 dation or to return an individual or household to their 

2 predisaster primary residence or alternative location, as de3 termined necessary by the President. 

4 ‘‘SEC. 427. CASE MANAGEMENT SERVICES. 

5 ‘‘The President may provide case management serv6 ices, including financial assistance, to State or local govern7 ment agencies or qualified private organizations to provide 

8 such services, to victims of major disasters to identify and 

9 address unmet needs.’’. 

10 SEC. 223. NON-FEDERAL ASSISTANCE. 

11 Section 801 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5201), as redesig13 nated by this Act, is amended— 

14 (1) in subsection (b), by striking the period at 

15 the end of the first sentence and inserting the fol16 lowing: ‘‘including from foreign organizations and 

17 governments.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(c) RECEIPT AND COORDINATION OF GIFTS FROM

20 FOREIGN SOURCES.—Notwithstanding the provisions of 

21 section 612, the President or the designee of the President 

22 shall coordinate receipt of gifts or assistance from foreign 

23 sources with the Secretary of Defense and the Secretary of 

24 State with regard to— 


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1 ‘‘(1) the identification of emergency requirements 

2 for which such gifts or assistance are required and 

3 appropriate; and 

4 ‘‘(2) procedures for receipt, distribution, and 

5 monitoring of the use of such gifts or assistance.’’. 

6 SEC. 224. DISASTER COORDINATION. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator shall, in consultation with 

9 the Secretary of Defense and the Secretary of State, develop 

10 policies and procedures relating to the effective coordination 

11 of disaster assistance from non-Federal entities, including 

12 private and foreign entities and governments, as provided 

13 under section 801 of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act, as redesignated by this Act, 

15 including— 

16 (1) coordination with other disaster assistance 

17 from the Federal Government, and State and local 

18 governments and other sources; 

19 (2) identification of requirements for use that 

20 are necessary and appropriate for such assistance; 

21 (3) receipt and distribution of such assistance; 

22 and 

23 (4) monitoring to ensure the appropriate use of 

24 such assistance. 


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1 SEC. 225. PUBLIC FACILITIES. 

2 Section 406(c)(1)(B) of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 

4 5172(c)(1)(B)) is amended— 

5 (1) by amending the subparagraph heading to 

6 read as follows: ‘‘REPAIR, RESTORATION, RECON7 STRUCTION, OR REPLACEMENT INFEASIBLE.—’’; and 

8 (2) in the first sentence, by inserting ‘‘or another 

9 condition’’ after ‘‘soil instability’’. 

10 SEC. 226. VOLUNTEER HOUSING. 

11 The President may make contributions to State or 

12 local governments for expenses associated with housing vol13 unteers who are assisting the response and recovery efforts 

14 in an area affected by a major disaster. 

15 SEC. 227. HOUSING REHABILITATION. 

16 Section 408(c) of the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5174(c)), as 

18 amended by this Act, is amended— 

19 (1) in paragraph (1)(B)(i), by inserting ‘‘includ20 ing existing rental units repaired under paragraph 

21 (2)(A)(iii)’’ after ‘‘purchase or lease,’’; and 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)— 

24 (i) in clause (i), by striking ‘‘and’’ 

25 after the semicolon; 


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1 (ii) in clause (ii), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) the repair, to a safe and sani6 tary condition, of existing rental housing 

7 units that will be used to provide temporary 

8 housing to individuals and households eligi9 ble under paragraph (1).’’; 

10 (B) by redesignating subparagraph (B) as 

11 subparagraph (C); 

12 (C) by inserting after subparagraph (A) the 

13 following: 

14 ‘‘(B) REPAIR OF RENTAL HOUSING UNITS.— 

15 ‘‘(i) IN GENERAL.—Funds may be pro16 vided to State and local governments to con17 tract with owners of private rental housing 

18 for purposes of subparagraph (A)(iii). Such 

19 contracts shall require repaired units to be 

20 made available to individuals and house21 holds eligible for assistance under this part 

22 for a period of up to 18 months at a rent 

23 that may not exceed the rent under para24 graph (1)(A)(iii). 


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1 ‘‘(ii) COMPETITIVE SELECTION PROC2 ESS.—Funding to provide assistance under 

3 subparagraph (A)(iii) shall be allocated by 

4 the President or by a State or local govern5 ment through a competitive selection process 

6 that considers— 

7 ‘‘(I) the amount of funding re8 quired per unit, with preference for the 

9 lowest per unit cost consistent with 

10 other selection priorities; 

11 ‘‘(II) the demonstrated ability of 

12 property owners to complete the re13 pairs and make the housing units 

14 available promptly, and not more than 

15 120 days after the date of receiving 

16 funding; 

17 ‘‘(III) whether the property owner 

18 requires a short-term or long-term loan 

19 to complete the repairs, with preference 

20 to owners agreeing to repay funds 

21 loaned upon receipt of insurance pay22 ments for property losses caused by the 

23 disaster; and 

24 ‘‘(IV) whether the property owner 

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1 tion, with preference given to nonprofit 

2 property owners.’’; and 

3 (D) in subparagraph (C), as redesignated 

4 by this paragraph, by— 

5 (i) by striking ‘‘this paragraph’’ and 

6 inserting ‘‘clause (i) or (ii) of subparagraph 

7 (A)’’; and 

8 (ii) by striking ‘‘can’’ and inserting 

9 ‘‘cannot’’. 

10 SEC. 228. DEBRIS REMOVAL CONTRACTING. 

11 (a) IN GENERAL.—The Administrator, in consultation 

12 with the Administrator of the Environmental Protection 

13 Agency and the Chief of Engineers of the United States 

14 Army Corps of Engineers, shall— 

15 (1) review all regulations and procedures related 

16 to contracting for debris removal and, where appro17 priate and practicable, provide additional incentives 

18 to recycle debris cleared from an area in which the 

19 President has declared a major disaster; and 

20 (2) identify any legal or other obstacles to in21 creasing the amount of debris recycled following a 

22 major disaster. 

23 (b) REPORT.—Not later than 180 days after the date 

24 of enactment of this Act, the Administrator shall submit 

25 to the Committee on Homeland Security and Governmental 


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1 Affairs of the Senate and the Committee on Homeland Se2 curity of the House of Representatives a report regarding— 

3 (1) the review and any incentives provided 

4 under subsection (a)(1); and 

5 (2) any obstacles that have been identified under 

6 subsection (a)(2). 

7 SEC. 229. EMERGENCY HOUSING FOR VICTIMS. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘authorized placement’’ means plac10 ing a covered manufactured home as authorized by 

11 subparagraph (A), (B), or (C) of subsection (b)(1); 

12 (2) the term ‘‘base flood’’ means the flood which 

13 has a 1 percent chance of being equaled or exceeded 

14 in any given year; 

15 (3) the term ‘‘costal high hazard area’’ means an 

16 area subject to high velocity waters, including hurri17 cane wave wash or a tsunami; 

18 (4) the term ‘‘covered civil action’’ means a civil 

19 action against the Federal Government (including a 

20 civil action against the Administrator) for damages 

21 related to the flooding of a covered manufactured 

22 home that is the subject of an authorized placement; 

23 (5) the term ‘‘covered individual’’ means an in24 dividual displaced by Hurricane Katrina of 2005 or 

25 Hurricane Rita of 2005; 


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1 (6) the term ‘‘covered manufactured home’’ 

2 means a manufactured home purchased by the Au3 thority during the period beginning on August 1, 

4 2005, and ending on the date of enactment of this 

5 Act; 

6 (7) the term ‘‘flood’’ means a general and tem7 porary condition of partial or complete inundation of 

8 normally dry land areas from— 

9 (A) the overflow of inland or tidal waters; 

10 or 

11 (B) the unusual and rapid accumulation or 

12 runoff of surface waters from any source; 

13 (8) the term ‘‘flood plain’’ means an area which 

14 has a 1 percent chance of being flooded in any given 

15 year; 

16 (9) the term ‘‘floodway’’ means that portion of 

17 the flood plain which— 

18 (A) provides for the discharge of the base 

19 flood so the cumulative increase in water surface 

20 elevation is no more than 12 inches; and 

21 (B) is effective in carrying flow, within 

22 which this carrying capacity shall be preserved 

23 and where the flood hazard is generally highest; 

24 and 


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1 (10) the term ‘‘manufactured home’’ has the 

2 same meaning as in section 603 of the Manufactured 

3 Home Construction and Safety Standards Act of 

4 1974 (42 U.S.C. 5402). 

5 (b) USE OF MANUFACTURED HOMES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), and notwithstanding any other provision 

8 of law (including section 9.13 of title 44, Code of Fed9 eral Regulations (or any corresponding similar regu10 lation or ruling)), upon receiving a request from, or 

11 on behalf of, a covered individual, the Administrator 

12 shall place a covered manufactured home— 

13 (A) in a floodway or costal high hazard 

14 area; 

15 (B) in a flood plain, without elevating such 

16 home up to the base flood level; or 

17 (C) in a flood plain, without complying 

18 with— 

19 (i) the decision-making process re20 quired under section 9.6 of title 44, Code of 

21 Federal Regulations (or any corresponding 

22 similar regulation or ruling); and 

23 (ii) the mitigation requirements under 

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1 ulations (or any corresponding similar reg2 ulation or ruling). 

3 (2) EVACUATION PLANS.—The Administrator 

4 may not make an authorized placement, unless the 

5 Administrator has received an evacuation plan from 

6 State or local government officials that includes the 

7 area in which the covered placement will be made. 

8 (3) TYPES OF USE.—Any authorized placement 

9 shall be used to house covered individuals. 

10 (4) PROMOTIONAL MATERIALS.—The Adminis11 trator shall make appropriate changes to any pro12 motional materials to reflect, and otherwise publicize, 

13 the authorization in this subsection. 

14 (5) RULE OF CONSTRUCTION.—Nothing in this 

15 subsection shall be construed to prohibit any other 

16 lawful use of a covered manufactured home. 

17 (c) LIABILITY.— 

18 (1) IN GENERAL.—If the Administrator makes 

19 an authorized placement, a covered civil action relat20 ing to the covered manufactured home involved in 

21 such authorized placement may not be brought in any 

22 Federal or State court. 

23 (2) NOTICE.—The Administrator shall provide 

24 any person to whom the Administrator provides a 


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1 covered manufactured home as part of an authorized 

2 placement with written notice of— 

3 (A) the potential risks associated with such 

4 placement; and 

5 (B) the limitations on liability under para6 graph (1). 

7 TITLE III—STAFFING 

8 IMPROVEMENTS 

9 SEC. 301. STRATEGIC HUMAN CAPITAL PLAN. 

10 (a) PLAN DEVELOPMENT.—Not later than 6 months 

11 after the date of enactment of this Act, the Administrator 

12 shall develop and submit to the Committee on Homeland 

13 Security and Governmental Affairs of the Senate and the 

14 Committee on Homeland Security and the Committee on 

15 Government Reform of the House of Representatives a stra16 tegic human capital plan to shape and improve the work17 force of the Agency. 

18 (b) CONTENTS.—The strategic human capital plan 

19 shall include— 

20 (1) a workforce gap analysis, including an as21 sessment of— 

22 (A) the critical skills and competencies that 

23 will be needed in the workforce of the Agency to 

24 support the mission and responsibilities of, and 

25 effectively manage, the Agency during the 10- 


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1 year period beginning on the date of enactment 

2 of this Act; 

3 (B) the skills and competencies of the work4 force of the Federal Emergency Management 

5 Agency on the day before the date of enactment 

6 of this Act and projected trends in that work7 force, based on expected losses due to retirement 

8 and other attrition; and 

9 (C) the staffing levels of each category of 

10 employee, including gaps in the workforce of the 

11 Federal Emergency Management Agency on the 

12 day before the date of enactment of this Act and 

13 in the projected workforce of the Agency that 

14 should be addressed to ensure that the Agency 

15 has continued access to the critical skills and 

16 competencies described in subparagraph (A); and 

17 (2) a plan of action for developing and reshap18 ing the workforce of the Agency to address the gaps 

19 in critical skills and competencies identified under 

20 paragraph (1)(C), including— 

21 (A) specific recruiting and retention goals, 

22 including the use of bonus authority under sec23 tions 5753 and 5754 of title 5, United States 

24 Code, (including the program objectives of the 

25 Agency to be achieved through such goals); 


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1 (B) specific strategies for developing, train2 ing, deploying, compensating, and motivating 

3 and retaining the Agency workforce and its abil4 ity to fulfill the Agency’s mission and respon5 sibilities (including the program objectives of the 

6 Department and the Agency to be achieved 

7 through such strategies); 

8 (C) specific strategies for recruiting individ9 uals who have served in multiple State agencies 

10 with emergency management responsibilities; 

11 and 

12 (D) specific strategies for the development, 

13 training, and coordinated and rapid deployment 

14 of the Surge Capacity Force established by sec15 tion 304; and 

16 (3) a discussion that— 

17 (A) details the number of employees of the 

18 Department not employed by the Agency serving 

19 in the Surge Capacity Force and the qualifica20 tions or credentials of such individuals; 

21 (B) details the number of individuals not 

22 employed by the Department serving in the 

23 Surge Capacity Force and the qualifications or 

24 credentials of such individuals; 


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1 (C) describes the training given to the Surge 

2 Capacity Force during the last year; 

3 (D) states whether the Surge Capacity Force 

4 is able to adequately prepare for, respond to, and 

5 recover from a natural or man-made disaster, 

6 including a catastrophic incident; and 

7 (E) describes any additional authorities or 

8 resources necessary to address any deficiencies in 

9 the Surge Capacity Force. 

10 (c) ANNUAL UPDATES.—Not later than May 1, 2007, 

11 and May 1 of each year thereafter until 2012, the Adminis12 trator shall submit to the Committee on Homeland Security 

13 and Governmental Affairs of the Senate and the Committee 

14 on Homeland Security and the Committee on Government 

15 Reform of the House of Representatives an update of the 

16 strategic human capital plan, including an assessment by 

17 the Administrator, using results-oriented performance 

18 measures, of the progress of the Department and the Agency 

19 in implementing the strategic human capital plan. 

20 (d) COMPTROLLER GENERAL REVIEW.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the Administrator submits the strategic human cap23 ital plan under subsection (a), the Comptroller Gen24 eral of the United States shall submit to the Com25 mittee on Homeland Security and Governmental AfVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 fairs of the Senate and the Committee on Homeland 

2 Security and the Committee on Government Reform 

3 of the House of Representatives a report evaluating 

4 the plan. 

5 (2) UPDATES.—Not later than 90 days after the 

6 Administrator submits an update of the strategic 

7 human capital plan under subsection (c), the Comp8 troller General shall submit to the Committee on 

9 Homeland Security and Governmental Affairs of the 

10 Senate and the Committee on Homeland Security and 

11 the Committee on Government Reform of the House of 

12 Representatives a report evaluating the updated plan. 

13 SEC. 302. CAREER PATHS. 

14 (a) IN GENERAL.—The Administrator shall— 

15 (1) ensure that appropriate career paths for per16 sonnel are identified, including the education, train17 ing, experience, and assignments necessary for career 

18 progression within the Agency; and 

19 (2) publish information on the career paths de20 scribed in paragraph (1). 

21 (b) EDUCATION, TRAINING, AND EXPERIENCE.—The 

22 Administrator shall ensure that all personnel of the Agency 

23 are provided the opportunity to acquire the education, 

24 training, and experience necessary to qualify for promotion 

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1 tunity to participate in the Rotation Program established 

2 under section 305. 

3 (c) POLICY.—The Administrator shall establish a pol4 icy for assigning Agency personnel to positions that pro5 vides for a balance between— 

6 (1) the need for such personnel to serve in career 

7 enhancing positions; and 

8 (2) the need to require service in a position for 

9 sufficient period of time to provide the stability nec10 essary— 

11 (A) to carry out the duties of that position; 

12 and 

13 (B) for responsibility and accountability for 

14 actions taken in that position. 

15 SEC. 303. NATIONAL HOMELAND SECURITY ACADEMY. 

16 (a) ESTABLISHMENT OF NATIONAL HOMELAND SECU17 RITY ACADEMY.— 

18 (1) IN GENERAL.—Title VIII of the Homeland 

19 Security Act of 2002 (6 U.S.C. 361 et seq.) is amend20 ed by adding after section 801 the following: 

21 ‘‘SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY. 

22 ‘‘(a) ESTABLISHMENT.— 

23 ‘‘(1) IN GENERAL.—The Secretary— 


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1 ‘‘(A) shall establish the National Homeland 

2 Security Academy (referred to in this section as 

3 the ‘Academy’); and 

4 ‘‘(B) shall coordinate with the Adminis5 trator of the General Services Administration to 

6 identify and utilize, to the maximum extent pos7 sible, unused Federal real property for the Acad8 emy and if the Secretary determines that a suit9 able location cannot be found, the Secretary may 

10 enter into cooperative agreements with other 

11 agencies or entities to utilize space and provide 

12 for the lease of real property for the Academy or 

13 any component of the Academy. 

14 ‘‘(2) COMPOSITION.—The Academy shall consist 

15 of— 

16 ‘‘(A) the National Homeland Security Edu17 cation and Strategy Center (referred to in this 

18 section as the ‘Strategy Center’) to provide fun19 damental instruction and develop a homeland se20 curity curriculum focusing primarily on the 

21 Federal Government’s overall strategy, goals, 

22 methods, and techniques; 

23 ‘‘(B) a communications network capable of 

24 delivering distance learning opportunities, at the 

25 direction of the Strategy Center; 


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1 ‘‘(C) the programs of the Center for Home2 land Defense and Security located at the Naval 

3 Postgraduate School, and such programs shall be 

4 incorporated into the Academy in a manner to 

5 be determined by the Secretary; and 

6 ‘‘(D) the National Homeland Security Edu7 cation Network, which— 

8 ‘‘(i) shall be composed of representa9 tives from all of the academies and training 

10 centers within the jurisdiction of the De11 partment; 

12 ‘‘(ii) shall work with the Academy to 

13 develop a standardized homeland security 

14 curriculum to be incorporated, as appro15 priate, at each academy and training center 

16 to ensure that the focus of the individual 

17 centers is coordinated with the centralized 

18 educational strategies and goals of the 

19 Academy; and 

20 ‘‘(iii) shall not affect the respective 

21 missions and goals of the participating 

22 academies and training centers. 

23 ‘‘(3) MISSION.—The mission of the Academy 

24 shall be to— 

25 ‘‘(A) establish an educational system to— 


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1 ‘‘(i) cultivate leaders in homeland secu2 rity; and 

3 ‘‘(ii) ensure that Federal, State, local, 

4 tribal, and private sector officials get the 

5 full range of skills needed to provide robust 

6 homeland security; 

7 ‘‘(B) provide strategic education and train8 ing to carry out the missions of the Department 

9 of Homeland Security; 

10 ‘‘(C) provide cross-disciplinary and joint 

11 education and training to Federal, State, and 

12 local government officials responsible for the di13 rect application and execution of vital homeland 

14 security missions; and 

15 ‘‘(D) focus primarily on shorter-term classes 

16 and exercises to maximize participation by the 

17 homeland security community. 

18 ‘‘(4) ENROLLMENT TARGET.— 

19 ‘‘(A) IN GENERAL.—The Strategy Center 

20 shall have an initial annual enrollment target of 

21 1,000 resident students, as described in sub22 section (b)(3)(A). 

23 ‘‘(B) NON-RESIDENT STUDENTS.—The en24 rollment target under subparagraph (A) does not 


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1 include non-resident students, including students 

2 who participate in electronic learning systems. 

3 ‘‘(5) RESPONSIBILITIES.— 

4 ‘‘(A) IN GENERAL.—In addition to pro5 viding traditional course work and hands-on 

6 training exercises, the Academy shall encourage 

7 the development and use of modern technology to 

8 ensure that the training offered at the Academy, 

9 and to organizations and individuals receiving 

10 instruction over electronic learning systems— 

11 ‘‘(i) is tailored to the unique needs of 

12 the individuals and groups that need train13 ing; 

14 ‘‘(ii) efficiently uses such technology; 

15 and 

16 ‘‘(iii) translates directly into practical 

17 skills. 

18 ‘‘(B) INSTRUCTIONAL MATERIALS.—The 

19 Academy shall develop instructional require20 ments for courses related to its mission that are 

21 supported with materials that are adequately re22 viewed and continuously updated. 

23 ‘‘(C) CERTIFICATION.— 

24 ‘‘(i) IN GENERAL.—The Academy may 

25 establish certification criteria for students 


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1 in areas related to its mission, in consulta2 tion with the Network established under 

3 subsection (e). 

4 ‘‘(ii) RECERTIFICATION.—The criteria 

5 established under clause (i) shall include re6 quirements for recertification and ensure 

7 the availability of needed assessment tools. 

8 ‘‘(D) INFORMATION REPOSITORY.—The 

9 Academy shall provide a repository of approved 

10 instructional materials, instructional software, 

11 and other materials that are easily accessible by 

12 participants. 

13 ‘‘(E) COMMUNICATION NETWORKS.—The 

14 Academy shall certify, and operate, if necessary, 

15 a secure, reliable communication system capable 

16 of delivering instructional materials to partici17 pants at any time and place. 

18 ‘‘(F) INSTRUCTION AND EXPERTISE.—The 

19 Academy shall certify instructors, experts, coun20 selors, and other individuals who can provide 

21 answers and advice to students over communica22 tion systems. 

23 ‘‘(6) STRATEGY CENTER.— 

24 ‘‘(A) RESPONSIBILITIES.—The Strategy 

25 Center shall— 


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1 ‘‘(i) provide curriculum development 

2 and classroom instruction for resident stu3 dents that focus on the strategic goals, meth4 ods, and techniques for homeland security; 

5 ‘‘(ii) provide instruction— 

6 ‘‘(I) primarily to Federal employ7 ees described under subsection (b)(3)(A) 

8 with homeland security responsibil9 ities; and 

10 ‘‘(II) to small numbers of State 

11 and local government officials and pri12 vate individuals; and 

13 ‘‘(iii) direct the operation of the Acad14 emy’s electronic learning systems. 

15 ‘‘(B) CURRICULUM.—The curriculum taught 

16 at the Strategy Center shall— 

17 ‘‘(i) include basic education about 

18 homeland security, the Department, and the 

19 relationship of the directorates within the 

20 Department; 

21 ‘‘(ii) include the relationship between 

22 the Department and other Federal, State, 

23 and local agencies with homeland security 

24 responsibilities; and 


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1 ‘‘(iii) be developed with assistance from 

2 the National Homeland Security Education 

3 Network. 

4 ‘‘(b) ADMINISTRATION.— 

5 ‘‘(1) EXECUTIVE DIRECTOR.—The Secretary 

6 shall appoint an Executive Director for the Academy, 

7 who shall— 

8 ‘‘(A) administer the operations of the Acad9 emy; 

10 ‘‘(B) establish an Academic Board, to be 

11 headed by the Dean of the Academic Board, ap12 pointed under paragraph (2); 

13 ‘‘(C) hire initial staff and faculty, as ap14 propriate and necessary; 

15 ‘‘(D) contract with practitioners and ex16 perts, as appropriate, to supplement academic 

17 instruction; and 

18 ‘‘(E) make recommendations to the Sec19 retary regarding long-term staffing and funding 

20 levels for the Academy. 

21 ‘‘(2) DEAN OF THE ACADEMIC BOARD.—The Ex22 ecutive Director shall appoint, with the approval of 

23 the Secretary, a permanent professor to serve as Dean 

24 of the Academic Board and perform such duties as the 

25 Executive Director may prescribe. 


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1 ‘‘(3) DIRECTOR OF ADMISSIONS.—The Executive 

2 Director shall appoint, with the approval of the Sec3 retary, a Director of Admissions, who shall— 

4 ‘‘(A) grant admission to the Strategy Center 

5 to— 

6 ‘‘(i) new employees of the Department, 

7 who have clear homeland security respon8 sibilities; 

9 ‘‘(ii) mid-level executive employees of 

10 the Department, including employees that 

11 receive academy or other training, who 

12 demonstrate a need for cross-disciplinary or 

13 advanced education and training and have 

14 been endorsed by the appropriate Under 

15 Secretary; 

16 ‘‘(iii) other Federal employees with 

17 homeland security responsibilities who have 

18 been endorsed by the head of their agency; 

19 ‘‘(iv) State and local employees who— 

20 ‘‘(I) demonstrate a clear responsi21 bility for providing homeland security; 

22 and 

23 ‘‘(II) possess the nomination of 

24 the Governor of their State, or head of 

25 the applicable jurisdiction; and 


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1 ‘‘(v) private sector applicants who 

2 demonstrate a clear responsibility for pro3 viding homeland security, if such appli4 cants reimburse the Academy for all ex5 penses associated with their education at 

6 the Academy; 

7 ‘‘(B) ensure that students from each level of 

8 government and the private sector are included 

9 in all programs and classes, whenever appro10 priate; and 

11 ‘‘(C) perform such duties as the Executive 

12 Director may prescribe. 

13 ‘‘(c) BOARD OF VISITORS.— 

14 ‘‘(1) ESTABLISHMENT.—Before the Academy ad15 mits any students, the Secretary shall establish a 

16 Board of Visitors (in this section referred to as the 

17 ‘Board’) to— 

18 ‘‘(A) assist in the development of cur19 riculum and programs at the Academy; and 

20 ‘‘(B) recommend the site for the location of 

21 the Strategy Center. 

22 ‘‘(2) MEMBERSHIP.— 

23 ‘‘(A) COMPOSITION.—The Board will be 

24 composed of— 


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1 ‘‘(i) the Secretary, or designee, who 

2 shall serve as chair; 

3 ‘‘(ii) the Executive Director of the 

4 Academy, or designee, who shall be a non5 voting member; 

6 ‘‘(iii) the Chairman of the Committee 

7 on Homeland Security and Governmental 

8 Affairs of the Senate, or designee; 

9 ‘‘(iv) the Ranking Member of the Com10 mittee on Homeland Security and Govern11 mental Affairs of the Senate, or designee; 

12 ‘‘(v) the Chairman of the Committee on 

13 Homeland Security of the House of Rep14 resentatives, or designee; 

15 ‘‘(vi) the Ranking Member of the Com16 mittee on Homeland Security of the House 

17 of Representatives, or designee; 

18 ‘‘(vii) the Secretary of Health and 

19 Human Services, or designee; 

20 ‘‘(viii) the Secretary of Defense, or des21 ignee; 

22 ‘‘(ix) the Secretary of Education, or 

23 designee; 

24 ‘‘(x) the Secretary of Transportation, 

25 or designee; 


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1 ‘‘(xi) the Director of the Federal Bu2 reau of Investigation, or designee; 

3 ‘‘(xii) 4 persons, who shall be ap4 pointed by the Secretary for 2-year terms to 

5 represent State and local governments; and 

6 ‘‘(xiii) 4 persons, who shall be ap7 pointed by the Secretary for 2-year terms to 

8 represent emergency response providers. 

9 ‘‘(B) PROHIBITION.—Any person described 

10 under subparagraph (A), whose membership on 

11 the Board would create a conflict of interest, 

12 shall not serve as a member of the Board. 

13 ‘‘(C) VACANCIES.—If a member of the 

14 Board dies or resigns from office, the official who 

15 designated the member shall designate a suc16 cessor for the unexpired portion of the term. 

17 ‘‘(3) DUTIES.— 

18 ‘‘(A) ACADEMY VISITS.—The Board shall 

19 visit the Academy not less than annually, and 

20 may, with the approval of the Secretary, make 

21 other visits to the Academy in connection with 

22 the duties of the Board or to consult with the Ex23 ecutive Director of the Academy. 

24 ‘‘(B) INQUIRIES.—The Board shall inquire 

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1 ment, fiscal affairs, academic methods, student 

2 body composition, and other matters relating to 

3 the Academy that the Board decides to consider. 

4 ‘‘(C) REPORTS.— 

5 ‘‘(i) ANNUAL REPORT.—Not later than 

6 60 days after each annual visit, the Board 

7 shall submit a written report to the Sec8 retary, which describes its factual findings, 

9 and its views and recommendations per10 taining to the Academy. 

11 ‘‘(ii) ADDITIONAL REPORTS.—Any re12 port of a visit, other than the annual visit, 

13 shall, if approved by a majority of the 

14 members of the Board, be submitted to the 

15 Secretary not later than 60 days after the 

16 approval. 

17 ‘‘(4) TRAVEL EXPENSES.—The members of the 

18 Board shall be allowed travel expenses, including per 

19 diem in lieu of subsistence, at rates authorized for 

20 employees of agencies under subchapter I of chapter 

21 57 of title 5, United States Code, while away from 

22 their homes or regular places of business in the per23 formance of services for the Board. 

24 ‘‘(d) REPORTS TO CONGRESS.— 


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1 ‘‘(1) CURRICULUM AND ATTENDANCE.—The Sec2 retary shall submit an annual report that describes 

3 the curriculum of, and enrollment at, the Academy 

4 to— 

5 ‘‘(A) the Committee on Homeland Security 

6 and Governmental Affairs of the Senate; and 

7 ‘‘(B) the Committee on Homeland Security 

8 of the House of Representatives. 

9 ‘‘(2) FEASIBILITY REPORT.—Not later than 1 

10 year after the establishment of the Academy, the Sec11 retary shall submit a report to the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate and the Committee on Homeland Security of 

14 the House of Representatives that— 

15 ‘‘(A) recommends an appropriate combina16 tion of students from Federal, State, and local 

17 government and the private sector, and the per18 centage of costs related to the education of stu19 dent groups from Federal, State, and local gov20 ernment that should be borne by the Department 

21 and borne by the student’s home organization, 

22 respectively; 

23 ‘‘(B) describes the feasibility of expanding 

24 the Academy in regional offices of the Federal 

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1 ment or university programs to provide ongoing 

2 education and training for Federal employees 

3 with homeland security responsibilities; and 

4 ‘‘(C) describes the feasibility of providing 

5 education for the general public through elec6 tronic learning systems. 

7 ‘‘(e) NATIONAL HOMELAND SECURITY EDUCATION

8 NETWORK.— 

9 ‘‘(1) ESTABLISHMENT.—The Executive Director 

10 of the Academy shall establish a National Homeland 

11 Security Education Network (referred to in this sec12 tion as the ‘Network’), as described under subsection 

13 (a)(2)(B). 

14 ‘‘(2) MEMBERSHIP.—The Network shall be com15 prised of representatives from Federal training and 

16 certification organizations, including— 

17 ‘‘(A) the National Homeland Security 

18 Academy; 

19 ‘‘(B) the Office of Grants and Training; 

20 ‘‘(C) the National Domestic Preparedness 

21 Consortium; 

22 ‘‘(D) the Center for Homeland Defense and 

23 Security at the Naval Postgraduate School; 

24 ‘‘(E) the Federal Law Enforcement Train25 ing Center, including all schools or training and 


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1 education programs managed or co-located with 

2 the Center; 

3 ‘‘(F) the Customs and Border Protection 

4 Academy; 

5 ‘‘(G) the Border Patrol Academy; 

6 ‘‘(H) the Bureau of Immigration and Cus7 toms Enforcement Academy; 

8 ‘‘(I) the Secret Service Academy; 

9 ‘‘(J) the United States Coast Guard Acad10 emy, including all schools within the jurisdiction 

11 of the Coast Guard Academy; 

12 ‘‘(K) the Emergency Management Institute; 

13 ‘‘(L) the Animal and Plant Health Inspec14 tion Service Training Program; 

15 ‘‘(M) the Federal Air Marshal Training 

16 Center; 

17 ‘‘(N) the National Fire Academy; and 

18 ‘‘(O) other relevant training facilities with19 in the Department. 

20 ‘‘(3) CURRICULUM REQUIREMENTS.—The cur21 riculum and course work developed as part of the Net22 work shall be incorporated into the curriculum of the 

23 institutions listed under paragraph (2), as appro24 priate, to ensure that students at these institutions 

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1 ities relate to other homeland security responsibilities 

2 in the Department and other Federal, State, and local 

3 agencies. The training centers and academies listed 

4 under paragraph (2) shall retain their respective mis5 sions and goals. 

6 ‘‘(4) SEMI-ANNUAL MEETINGS.—The Executive 

7 Director and the Dean of the Academic Board shall 

8 meet with the Network not less than once every 6 

9 months to— 

10 ‘‘(A) discuss curriculum requirements; and 

11 ‘‘(B) coordinate training activities within 

12 the Network. 

13 ‘‘(5) REPORTS.—Not later than 2 years after the 

14 date of enactment of this section, and every 2 years 

15 thereafter, the Network shall submit a report to the 

16 Committee on Homeland Security and Governmental 

17 Affairs of the Senate and the Committee on Home18 land Security of the House of Representatives, which 

19 describes the Network’s— 

20 ‘‘(A) strategy for using advanced instruc21 tional technologies; 

22 ‘‘(B) plans for future improvement; and 

23 ‘‘(C) success in working with other organi24 zations in achieving the goals described under 

25 subparagraphs (A) and (B).’’. 


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1 (2) TECHNICAL AMENDMENT.—Section 1(b) of 

2 the Homeland Security Act of 2002 (Public Law 107– 

3 296) is amended by inserting after the item relating 

4 to section 801 the following: 

‘‘Sec. 802. National Homeland Security Academy.’’. 

5 (b) STATE AND LOCAL EDUCATION AND TRAINING CO6 ORDINATOR.—The Secretary shall appoint a State and 

7 Local Education and Training Coordinator, who shall— 

8 (1) serve as the primary point of contact between 

9 Federal, State, and local training facilities, the Na10 tional Homeland Security Academy, and the Agency, 

11 in order to— 

12 (A) maximize the ability of the Academy to 

13 identify non-Academy programs that meet spe14 cific training goals and are crucial to the Na15 tion’s homeland security mission; and 

16 (B) assist the Academy in determining 

17 where to direct Federal training funds; and 

18 (2) at least semiannually, conduct meetings with 

19 a coalition of State and local education and training 

20 facilities to— 

21 (A) allow State and local fire, rescue, and 

22 law enforcement training facilities to provide 

23 input on decisions made concerning the training 

24 of emergency response providers; and 


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1 (B) increase curriculum coordination be2 tween the Academy and Federal, State, and local 

3 facilities. 

4 SEC. 304. SURGE CAPACITY FORCE. 

5 (a) DEFINITION.—In this section, the term ‘‘Surge Ca6 pacity Force’’ means the Surge Capacity Force established 

7 under subsection (b). 

8 (b) ESTABLISHMENT.— 

9 (1) IN GENERAL.—The Administrator shall es10 tablish a Surge Capacity Force for deployment of in11 dividuals to natural or man-made disasters, includ12 ing catastrophic incidents. 

13 (2) EMPLOYEES DESIGNATED TO SERVE.—The 

14 Secretary shall designate employees of the Department 

15 who are not employees of the Agency and employees 

16 of other Federal departments and agencies, as appro17 priate, to serve on the Surge Capacity Force. 

18 (c) CAPABILITIES.—The Administrator shall— 

19 (1) include a sufficient number of individuals 

20 credentialed in accordance with section 531 of the 

21 Homeland Security Act of 2002, as amended by this 

22 Act, that are capable of deploying rapidly and effi23 ciently after activation to prepare for, respond to, 

24 and recover from a natural or man-made disaster, in25 cluding a catastrophic incident; and 


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1 (2) include a sufficient number of full-time, 

2 highly trained individuals credentialed in accordance 

3 with section 531 of the Homeland Security Act of 

4 2002, as amended by this Act, to lead and manage the 

5 Surge Capacity Force. 

6 (d) TRAINING.—The Administrator shall provide ap7 propriate and continuous training to individuals serving 

8 in the Surge Capacity Force to ensure such personnel are 

9 adequately trained on the Agency’s programs and policies 

10 relevant to assistance provided by the Agency as a result 

11 of an emergency or major disaster. 

12 (e) DATABASE.—The Administrator shall establish and 

13 maintain a database regarding the members of the Surge 

14 Capacity Force that includes the skills, qualifications, and 

15 disaster management experience of such members. 

16 (f) ANNUITANTS.—If an individual receiving an annu17 ity from the Civil Service Retirement and Disability Fund 

18 becomes temporarily reemployed under this section, such 

19 annuity shall not be discontinued on that basis. An indi20 vidual so reemployed as a Surge Capacity Force employee 

21 shall not be considered an employee for the purposes of 

22 chapter 83 or 84 of title 5, United States Code. 

23 (g) NO IMPACT ON AGENCY PERSONNEL CEILING.— 

24 Surge Capacity Force members under this section shall not 


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1 be counted against any personnel ceiling applicable to the 

2 Agency. 

3 (h) EXPENSES.—The Administrator may provide 

4 members of the Surge Capacity Force with travel expenses, 

5 including per diem in lieu of subsistence, at rates author6 ized for employees of agencies under subchapter I of chapter 

7 57 of title 5, United States Code, for the purpose of partici8 pating in any training that relates to service as a member 

9 of the Surge Capacity Force. 

10 SEC. 305. ESTABLISHMENT OF HOMELAND SECURITY ROTA11 TION PROGRAM AT THE DEPARTMENT OF 

12 HOMELAND SECURITY. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Title VIII of the Homeland 

15 Security Act of 2002 (6 U.S.C. 361 et seq.) is amend16 ed by inserting after section 843 the following: 

17 ‘‘SEC. 844. HOMELAND SECURITY ROTATION PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of this section, the Sec21 retary shall establish the Homeland Security Rotation 

22 Program (in this section referred to as the ‘Rotation 

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1 cluding those from the Chief Human Capital Officers 

2 Council. 

3 ‘‘(2) GOALS.—The Rotation Program established 

4 by the Secretary shall— 

5 ‘‘(A) be established in accordance with the 

6 Human Capital Strategic Plan of the Depart7 ment; 

8 ‘‘(B) provide middle and senior level em9 ployees in the Department the opportunity to 

10 broaden their knowledge through exposure to 

11 other components of the Department; 

12 ‘‘(C) expand the knowledge base of the De13 partment by providing for rotational assign14 ments of employees to other components; 

15 ‘‘(D) build professional relationships and 

16 contacts among the employees in the Depart17 ment; 

18 ‘‘(E) invigorate the workforce with exciting 

19 and professionally rewarding opportunities; 

20 ‘‘(F) incorporate Department human cap21 ital strategic plans and activities, and address 

22 critical human capital deficiencies, recruitment 

23 and retention efforts, and succession planning 

24 within the Federal workforce of the Department; 

25 and 


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1 ‘‘(G) complement and incorporate (but not 

2 replace) rotational programs within the Depart3 ment in effect on the date of enactment of this 

4 section. 

5 ‘‘(3) ADMINISTRATION.— 

6 ‘‘(A) IN GENERAL.—The Chief Human Cap7 ital Officer shall administer the Rotation Pro8 gram. 

9 ‘‘(B) RESPONSIBILITIES.—The Chief 

10 Human Capital Officer shall— 

11 ‘‘(i) provide oversight of the establish12 ment and implementation of the Rotation 

13 Program; 

14 ‘‘(ii) establish a framework that sup15 ports the goals of the Rotation Program and 

16 promotes cross-disciplinary rotational op17 portunities; 

18 ‘‘(iii) establish eligibility for employees 

19 to participate in the Rotation Program and 

20 select participants from employees who 

21 apply; 

22 ‘‘(iv) establish incentives for employees 

23 to participate in the Rotation Program, in24 cluding promotions and employment pref25 erences; 


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1 ‘‘(v) ensure that the Rotation Program 

2 provides professional education and train3 ing; 

4 ‘‘(vi) ensure that the Rotation Program 

5 develops qualified employees and future 

6 leaders with broad-based experience 

7 throughout the Department; 

8 ‘‘(vii) provide for greater interaction 

9 among employees in components of the De10 partment; and 

11 ‘‘(viii) coordinate with rotational pro12 grams within the Department in effect on 

13 the date of enactment of this section. 

14 ‘‘(4) ALLOWANCES, PRIVILEGES, AND BENE15 FITS.—All allowances, privileges, rights, seniority, 

16 and other benefits of employees participating in the 

17 Rotation Program shall be preserved. 

18 ‘‘(5) REPORTING.—Not later than 180 days after 

19 the date of the establishment of the Rotation Program, 

20 the Secretary shall submit a report on the status of 

21 the Rotation Program, including a description of the 

22 Rotation Program, the number of employees partici23 pating, and how the Rotation Program is used in 

24 succession planning and leadership development to— 


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1 ‘‘(A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 ‘‘(B) the Committee on Homeland Security 

4 of the House of Representatives; and 

5 ‘‘(C) the Committee on Government Reform 

6 of the House of Representatives.’’. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENT.—Section 1(b) of the Homeland Security Act of 

9 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

10 after the item relating to section 843 the following: 

‘‘Sec. 844. Homeland Security Rotation Program.’’. 

11 SEC. 306. QUARTERLY REPORT ON VACANCY RATE IN EM12 PLOYEE POSITIONS. 

13 (a) INITIAL REPORT.— 

14 (1) IN GENERAL.—Not later than 3 months after 

15 the date of enactment of this Act, the Administrator 

16 shall develop and submit to the Committee on Home17 land Security and Governmental Affairs of the Senate 

18 and the Committee on Homeland Security and the 

19 Committee on Government Reform of the House of 

20 Representatives a report on the vacancies in employee 

21 positions of the Agency. 

22 (2) CONTENTS.—The report under this subsection 

23 shall include— 

24 (A) vacancies of each category of employee 

25 position; 


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1 (B) the number of applicants for each va2 cancy for which public notice has been given; 

3 (C) the length of time that each vacancy has 

4 been pending; 

5 (D) hiring-cycle time for each vacancy that 

6 has been filled; and 

7 (E) a plan for reducing the hiring-cycle 

8 time and reducing the current and anticipated 

9 vacancies with highly-qualified personnel. 

10 (b) QUARTERLY UPDATES.—Not later than 3 months 

11 after submission of the initial report, and every 3 months 

12 thereafter until 5 years after the date of enactment of this 

13 Act, the Administrator shall submit to the Committee on 

14 Homeland Security and Governmental Affairs of the Senate 

15 and the Committee on Homeland Security and the Com16 mittee on Government Reform of the House of Representa17 tives an update of the report under subsection (a), including 

18 an assessment by the Administrator of the progress of the 

19 Agency in filling vacant employee positions of the Agency. 

20 SEC. 307. REPORT BY THE INSPECTOR GENERAL. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Inspector General of the 

23 Department of Homeland Security shall submit a report 

24 to Congress evaluating the implications of the conversion 

25 of some portion of the Agency’s temporary workforce into 


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1 a permanent full-time response workforce or other perma2 nent full-time positions. 

3 (b) CONSIDERATIONS.—The report under this section 

4 shall consider the appropriateness of taking actions to im5 plement such conversions, including the feasibility of mak6 ing such conversions, associated costs, and likely improve7 ments, if any, to the Agency’s ability to respond to and 

8 recover from a natural or man-made disaster, including a 

9 catastrophic incident. 

10 TITLE IV—PLANNING, 

11 PREPAREDNESS, AND TRAINING 

12 SEC. 401. DEFINITION. 

13 In this title, the term ‘‘Emergency Support Function 

14 Annex’’ means an Emergency Support Function Annex to 

15 the National Response Plan. 

16 SEC. 402. EMERGENCY RESPONSE FRAMEWORK. 

17 (a) IN GENERAL.—The Secretary, acting through the 

18 Administrator, shall employ the National Incident Manage19 ment System and the National Response Plan as the frame20 work for emergency response and domestic incident man21 agement. 

22 (b) USE BY FEDERAL AGENCIES.— 

23 (1) NATIONAL RESPONSE PLAN.—The National 

24 Response Plan shall be the governing plan for any 

25 Federal involvement or assistance in a natural or 


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1 man-made disaster or other Incident of National Sig2 nificance declared by the Secretary under the Na3 tional Response Plan. 

4 (2) NATIONAL INCIDENT MANAGEMENT SYS5 TEM.—The National Incident Management System 

6 shall be the incident management system for any Fed7 eral involvement or assistance in a natural or man8 made disaster or other Incident of National Signifi9 cance declared by the Secretary under the National 

10 Response Plan. 

11 SEC. 403. REVIEW OF THE NATIONAL RESPONSE PLAN. 

12 (a) REVIEW AND REVISION OF PLAN.— 

13 (1) IN GENERAL.—Not later than May 1, 2007, 

14 the Secretary, acting through the Administrator, and 

15 in conjunction with the Federal agencies and non16 governmental organizations that are signatories to the 

17 National Response Plan and with the National Advi18 sory Council, shall— 

19 (A) conduct a comprehensive review of the 

20 adequacy of the National Response Plan, includ21 ing incorporating lessons learned from Hurri22 cane Katrina of 2005; and 

23 (B) revise and update the National Re24 sponse Plan, as appropriate, to incorporate the 

25 findings of the review under subparagraph (A) 


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1 and the changes to the National Response Plan 

2 required under paragraph (2). 

3 (2) CHANGES REQUIRED.—The comprehensive 

4 review and update required under paragraph (1) 

5 shall ensure the following: 

6 (A) PRINCIPAL FEDERAL OFFICIAL.— 

7 (i) IN GENERAL.—That the position of 

8 Principal Federal Official under the Na9 tional Response Plan is eliminated. 

10 (ii) CHAIN OF COMMAND.—That the 

11 National Response Plan provides for a clear 

12 chain of command to lead and coordinate 

13 the Federal response to any natural or 

14 man-made disaster. The chain of the com15 mand specified in the National Response 

16 Plan shall provide for a role for the Admin17 istrator consistent with the Administrator’s 

18 role as the principal emergency prepared19 ness and response advisor to the President, 

20 the Homeland Security Council, and the 

21 Secretary under section 512(c)(4) of the 

22 Homeland Security Act of 2002, as amend23 ed by this Act, and the Administrator’s re24 sponsibility to manage the response of the 

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1 made disaster under section 513(a)(4) of 

2 that Act, as amended by this Act, and shall 

3 provide for a role for the Federal Coordi4 nating Officer consistent with the respon5 sibilities under section 302(b) of the Robert 

6 T. Stafford Disaster Relief and Emergency 

7 Assistance Act (42 U.S.C. 5143(b). 

8 (iii) INCIDENTS OF NATIONAL SIGNIFI9 CANCE THAT ARE NOT STAFFORD ACT DEC10 LARATIONS.—The President or the Sec11 retary may designate a Federal coordi12 nating officer for Incidents of National Sig13 nificance or other domestic incidents not 

14 considered an emergency or major disaster. 

15 In such cases, the Federal coordinating offi16 cer shall have all the authorities and re17 sponsibilities the Federal coordinating offi18 cer would have under section 302 (b) of the 

19 Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 

21 5143(b)), in addition to any others the 

22 President, the Secretary, or the Adminis23 trator may assign. 

24 (B) MASS CARE, HOUSING, AND HUMAN

25 SERVICES EMERGENCY SUPPORT FUNCTION.— 


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1 That, in consultation with the Department of 

2 Justice and the Department of Health and 

3 Human Services, the National Response Plan in4 cludes measures to reunify families separated 

5 after a major disaster or catastrophic event, in6 cluding the location of missing children, and 

7 that the appropriate agency or nongovernmental 

8 organization is assigned timely responsibility for 

9 that task. 

10 (C) PUBLIC HEALTH AND MEDICAL EMER11 GENCY SUPPORT FUNCTION.—That, in consulta12 tion with the Secretary of Health and Human 

13 Services and other relevant Federal agencies, the 

14 National Response Plan, including any Emer15 gency Support Function Annex relating to pub16 lic health and medical services— 

17 (i) addresses the public health and 

18 medical needs of evacuees, special-needs 

19 populations, and the general population 

20 that is affected by a natural or man-made 

21 disaster; and 

22 (ii) assigns and clarifies the responsi23 bility for mortuary activities. 

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1 ments of the National Search and Rescue Com2 mittee, the National Response Plan, including 

3 Emergency Support Function Annex 9 (relating 

4 to urban search and rescue)— 

5 (i) addresses the full range of search 

6 and rescue requirements and environments 

7 for natural and man-made disasters; and 

8 (ii) designates coordinating, primary, 

9 and supporting agencies appropriate to a 

10 range of environments of natural or man11 made disasters. 

12 (E) SENIOR FEDERAL LAW ENFORCEMENT

13 OFFICER.—That, in consultation with the Attor14 ney General, the National Response Plan clearly 

15 describes— 

16 (i) the roles and responsibilities of the 

17 Senior Federal Law Enforcement Officer; 

18 (ii) how the roles and responsibilities 

19 of the Senior Federal Law Enforcement Of20 ficer relate to the roles and responsibilities 

21 of other law enforcement entities; and 

22 (iii) how the roles and responsibilities 

23 of the Senior Federal Law Enforcement Of24 ficer relate to the roles and responsibilities 

25 of Federal agencies provided for under 


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1 Emergency Support Function Annex 13 of 

2 the National Response Plan (relating to 

3 public safety and security). 

4 (F) INFRASTRUCTURE PROTECTION EMER5 GENCY SUPPORT FUNCTION.—That, in consulta6 tion with other Federal departments and agen7 cies responsible for infrastructure restoration, the 

8 need for an additional emergency support func9 tion annex within the National Response Plan 

10 focused on the identification, protection, resil11 iency, and restoration of critical infrastructure 

12 and key resources is considered. 

13 (G) MARITIME SALVAGE.—That, in con14 sultation with the Commandant of the Coast 

15 Guard, the Chief of Naval Operations, and the 

16 Chief Engineer of the United States Army Corps 

17 of Engineers, the National Response Plan— 

18 (i) assigns a single Federal agency to 

19 coordinate maritime-salvage needs during a 

20 natural or man-made disaster; 

21 (ii) clarifies the responsibilities of the 

22 coordinating agency assigned under clause 

23 (i) and other Federal agencies relating to 

24 maritime salvage; and 


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1 (iii) considers the need for an addi2 tional Emergency Support Function Annex 

3 within the National Response Plan focused 

4 on maritime salvage and wreck removal. 

5 (H) CATASTROPHIC INCIDENTS.—The time6 ly completion of the Catastrophic Incident Sup7 plement to the National Response Plan, and that 

8 the Catastrophic Incident Supplement effectively 

9 addresses response requirements in the event of a 

10 catastrophic incident. 

11 (3) CONSULTATION WITH STATE AND LOCAL GOV12 ERNMENTS.—In reviewing and revising the National 

13 Response Plan under paragraphs (1) and (2), and in 

14 making any subsequent significant revision of the Na15 tional Response Plan, the Secretary and the Adminis16 trator shall, to the fullest extent possible, consult with 

17 State and local government officials, including 

18 through the National Advisory Council. 

19 (4) ACCESSIBILITY.—In revising or updating the 

20 National Response Plan under paragraphs (1)(B) 

21 and (2), and in any subsequent revision of the Na22 tional Response Plan, the Secretary, acting through 

23 the Administrator, shall ensure that the National Re24 sponse Plan is written in a manner that provides 


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1 clear, unambiguous, and accessible guidance and in2 formation, and whenever possible uses plain English. 

3 (b) REPORTING.— 

4 (1) IN GENERAL.—The Secretary, acting through 

5 the Administrator, shall submit to the Committee on 

6 Homeland Security and Governmental Affairs of the 

7 Senate and the Committee on Homeland Security of 

8 the House of Representatives— 

9 (A) not later than May 1, 2007, a report on 

10 the results of its review under subsection (a), in11 cluding a detailed discussion of how the changes 

12 to the National Response Plan described in sub13 section (a) have been implemented; and 

14 (B) after May 1, 2007, a copy of any pro15 posed change, not later than 30 days before the 

16 date of implementing that proposed change to the 

17 National Response Plan. 

18 SEC. 404. PLANNING AND PREPAREDNESS. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Administrator, in conjunction with other Federal depart21 ments and agencies with coordinating, primary, and sup22 porting roles under the National Response Plan and its an23 nexes, and in consultation with State and local government 

24 officials, including through the National Advisory Council, 

25 shall develop a unified system of strategic and operational 


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1 plans to respond effectively to natural or man-made disas2 ters, in support of the National Response Plan. These plans 

3 shall include plans for specific geographic regions and for 

4 specific types of high-risk events, and shall include, at a 

5 minimum, the following elements: 

6 (1) Concepts of operation for appropriate nat7 ural and man-made disasters. 

8 (2) Critical tasks and department and agency 

9 responsibilities, consistent with the National Response 

10 Plan and all its Emergency Support Functions. 

11 (3) Detailed resource and personnel requirements 

12 and sourcing for the accomplishment of critical tasks 

13 and capabilities. 

14 (4) Creation and maintenance of asset inven15 tories by departments and agencies with Emergency 

16 Support Function responsibilities under the National 

17 Response Plan. 

18 (5) Incorporation of deployable interagency 

19 headquarters units, including crisis planning teams, 

20 to manage the response and to ensure unity of effort 

21 by all response organizations. 

22 (6) Provision for special needs populations in all 

23 planning. 

24 (b) CATASTROPHIC PLANNING.— 


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1 (1) IN GENERAL.—In carrying out the require2 ments of subsection (a), the Administrator shall de3 velop comprehensive operational plans to respond to 

4 catastrophic incidents. 

5 (2) CONTENTS.—The plans developed under 

6 paragraph (1)— 

7 (A) shall include the elements under sub8 section (a); and 

9 (B) shall— 

10 (i) be based on specific identified na11 tional and regional risks; 

12 (ii) be developed in conjunction with 

13 State and local government officials and 

14 other relevant Federal departments and 

15 agencies; 

16 (iii) provide for the surge capacity nec17 essary to respond proportionately to the 

18 scale of the event; 

19 (iv) provide, where necessary and ap20 propriate for the proactive, rapid, and self21 sustaining deployment and integration of 

22 Federal resources and personnel essential to 

23 save lives, prevent suffering, and preserve 

24 property or public health and safety; 


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1 (v) address the implementation of the 

2 appropriate means of ensuring continuity 

3 of government and command structures in 

4 the affected area; 

5 (vi) include planning for the emer6 gency sheltering, accommodation (including 

7 details on feeding, protecting, and man8 aging), relocation, transportation, place9 ment, and long-term housing of large popu10 lations of displaced victims in the event of 

11 a catastrophic incident, that includes iden12 tifying housing options in different regions 

13 of the country, site options for temporary, 

14 semipermanent, and permanent housing, 

15 and available land and property that could 

16 serve to shelter mass populations during 

17 catastrophic incidents; and 

18 (vii) address the recovery of areas af19 fected by a catastrophic incident. 

20 (c) STANDARDS AND GUIDANCE.—The Secretary, act21 ing through the Administrator, shall— 

22 (1) provide clear standardization, guidance, and 

23 assistance with planning at the Federal, State, and 

24 local government levels; and 

25 (2) ensure— 


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1 (A) a common terminology, approach, and 

2 framework for all strategic and operational plan3 ning; and 

4 (B) that planning considers threats, both 

5 natural and man-made. 

6 (d) PLANNING.— 

7 (1) IN GENERAL.—Planning under subsections 

8 (a) and (b) shall, at a minimum, address the fol9 lowing matters: 

10 (A) HEALTH AND MEDICAL.— 

11 (i) IN GENERAL.—Preparedness and 

12 deployment of health and medical resources, 

13 including clearly defining the responsibility 

14 for logistics, security, and other support as15 sets, and the ability to track these resources. 

16 (ii) NATIONAL DISASTER MEDICAL SYS17 TEM.—With respect to the National Disaster 

18 Medical System, the provision of resources 

19 to equip, staff, and train National Disaster 

20 Medical System teams, transportation, lo21 gistics and communications capabilities, 

22 and training and outreach programs and 

23 patient triage and tracking capabilities. 


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1 (B) HUMAN SERVICES.—Operational plans 

2 for the expeditious location of missing children 

3 and the reunification of families, to include— 

4 (i) clarification of the role of the Na5 tional Center for Missing and Exploited 

6 Children; 

7 (ii) appropriate coordination and in8 formation-sharing between the Agency, the 

9 Department of Justice, the National Center 

10 for Missing and Exploited Children, the De11 partment of Health and Human Services, 

12 the American Red Cross, other relevant non13 governmental organizations, and Federal, 

14 State, and local government emergency 

15 management and law enforcement agencies, 

16 including the development of advance coop17 erative agreements as necessary to facilitate 

18 implementation during response; and 

19 (iii) appropriate public information 

20 gathering and dissemination mechanisms. 

21 (C) SEARCH AND RESCUE.—In consultation 

22 with the National Search and Rescue Committee, 

23 development of a National Search and Rescue 

24 Plan that includes the search and rescue require25 ments of a multienvironment (air, water, or 


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1 land) disaster, including providing for a unified 

2 coordination structure, asset deployment, a com3 munications network, and sharing of informa4 tion with State and local search and rescue 

5 units. 

6 (D) EVACUATION.—In coordination with 

7 State and local governments, plans to support 

8 mass evacuations in advance of, or following, a 

9 natural or man-made disaster, that address— 

10 (i) keeping families together throughout 

11 evacuation and sheltering; 

12 (ii) populations lacking the means to 

13 evacuate themselves and individuals with 

14 special needs; 

15 (iii) policies and provisions for evacu16 ating pets; 

17 (iv) the deployment and employment of 

18 various transportation modes necessary to 

19 expedite mass evacuations, together with ap20 propriate security escorts; 

21 (v) information and guidance to the 

22 public; and 

23 (vi) short-term and long-term shel24 tering following evacuation. 


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1 (E) COORDINATION WITH DEPARTMENT OF

2 DEFENSE.—In conjunction with the Department 

3 of Defense, including the United States Northern 

4 Command, the United States Pacific Command, 

5 the National Guard Bureau, and the National 

6 Advisory Council, develop plans for military 

7 support of civilian authorities under the Na8 tional Response Plan, including— 

9 (i) the coordinated deployment, and 

10 the reception, staging, onward movement, 

11 and integration of appropriate units and 

12 personnel of the regular components and re13 serve components of the Armed Forces in re14 sponse to natural and man-made disasters; 

15 (ii) the coordination, command, and 

16 control of units and personnel in order to 

17 facilitate and ensure integrated military 

18 support for the response to natural and 

19 man-made disasters; 

20 (iii) the identification of response as21 sets (including helicopters, boats, medical 

22 supplies and personnel, food and water, 

23 communications equipment, and other as24 sets) required for military support for the 

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1 ters, and the development of procedures and 

2 guidelines for the prepositioning or 

3 preassembly of such assets; 

4 (iv) procedures for expedited requests 

5 and approvals of Federal payment for, or 

6 Federal reimbursement of, the costs of the 

7 States in deploying members of the Na8 tional Guard in State status; 

9 (v) procedures for coordination between 

10 the Department of Defense and the State 

11 governments to ensure that the military 

12 support provided meets applicable State re13 quirements; 

14 (vi) procedures for identifying units 

15 and personnel of the regular components of 

16 the Armed Forces that have capabilities 

17 suitable for purposes of providing military 

18 support to natural and man-made disasters; 

19 and 

20 (vii) military support for the distribu21 tion by the Department and the Agency of 

22 basic commodities in response to a cata23 strophic incident. 

24 (F) USE OF AERIAL AND REMOTELY SENSED

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1 priate, incorporate use of Department of Defense, 

2 National Air and Space Administration, Na3 tional Oceanic and Atmospheric Administration, 

4 and commercial aircraft and satellite remotely 

5 sensed imagery to ensure timely situational 

6 awareness throughout the Federal Government in 

7 the wake of a natural or man-made disaster or 

8 catastrophic incident. 

9 (G) PRIVATE SECTOR AND NONGOVERN10 MENTAL ORGANIZATIONS.—To the extent possible, 

11 and appropriate, incorporate coordination with 

12 and integration of support from the private sec13 tor and nongovernmental organizations whether 

14 in accordance with, or in the absence of, prior 

15 agreements. Planning shall also incorporate the 

16 means to communicate and coordinate with such 

17 entities during response efforts. 

18 (H) MARITIME SALVAGE.—In coordination 

19 with Federal, State, or local government agencies 

20 that have or may have maritime salvage respon21 sibilities, including the United States Coast 

22 Guard, the United States Navy, the Agency, and 

23 the United States Army Corps of Engineers, 

24 plans to allow salvage to proceed in a timely 

25 manner during a natural or man-made disaster 


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1 and, where appropriate, provide for a national 

2 emergency salvage contract to 1 or more quali3 fied national salvors that would allow immediate 

4 access to commercial salvage assets. 

5 (I) DISPOSAL OF DEBRIS.—In coordination 

6 with the United States Army Corps of Engi7 neers, the United States Environmental Protec8 tion Agency and other agencies with coordi9 nating, primary, and supporting responsibilities 

10 under the National Response Plan’s Public 

11 Works and Engineering Emergency Support 

12 Function Annex— 

13 (i) provisions for the safe handling and 

14 sorting of debris to ensure proper identifica15 tion and disposal of hazardous material; 

16 and 

17 (ii) provisions for the recycling of de18 bris where appropriate and practicable. 

19 (e) NATIONAL AND INTERAGENCY PREPAREDNESS.— 

20 The Secretary, acting through the Administrator, shall en21 sure the following: 

22 (1) ASSET INVENTORY.—In conjunction with the 

23 appropriate Federal agencies and departments with 

24 coordinating, primary, and supporting responsibil25 ities under the National Response Plan, the developVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 ment of an inventory of Federal resources, including 

2 assets and personnel with particular skills that are 

3 available for deployment and employment in response 

4 to natural and man-made disasters. 

5 (2) PRESCRIPTED MISSION ASSIGNMENTS.—To 

6 the extent practicable and where appropriate, the de7 velopment of prescripted mission assignments in con8 junction with the appropriate Federal agencies and 

9 departments with coordinating, primary and sup10 porting responsibilities under the National Response 

11 Plan. 

12 (3) REPRESENTATION AT MILITARY COM13 MANDS.—In consultation with the Department of De14 fense— 

15 (A) the determination of appropriate rep16 resentatives of the Department to the United 

17 States Northern Command and, as appropriate, 

18 the United States Pacific Command; and 

19 (B) the integration of such representatives 

20 into national planning, training, exercising, and 

21 responses to a natural or man-made disaster to 

22 promote better coordination. 

23 (4) COORDINATION WITH DEPARTMENT OF

24 HEALTH AND HUMAN SERVICES.—Not later than 

25 March 1, 2007, the Secretary of Homeland Security 


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1 and the Secretary of Health and Human Services 

2 shall— 

3 (A) establish a memorandum of under4 standing defining the respective roles and re5 sponsibilities of their respective departments in 

6 providing for public health and medical care 

7 under the National Response Plan or in the 

8 event that the Secretary of Health and Human 

9 Services declares a public health emergency 

10 under section 319 of the Public Health Service 

11 Act (42 U.S.C. 247(d)) and for coordinating 

12 their respective activities in such an event, in13 cluding deployment, operational control and re14 supply of National Disaster Medical System and 

15 Metropolitan Medical Response System assets; 

16 and 

17 (B) create a pilot project for establishing 

18 ‘‘special needs registries’’ (in which individuals 

19 should voluntarily enroll), which shall include 

20 information regarding an individual’s location, 

21 medical needs, transportation needs, mobility, 

22 emergency contact information, and other rel23 evant information and which emergency and 

24 evacuation personnel and transportation pro25 viders would be used in the event of an emerVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 gency to best meet the needs of special needs in2 dividuals and seniors in the community. 

3 (f) REPORTS.— 

4 (1) IN GENERAL.—Not later than May 1, 2007, 

5 and annually thereafter until May 1, 2017, the Sec6 retary, acting through the Administrator, shall sub7 mit a report to the Committee on Homeland Security 

8 and Governmental Affairs of the Senate and the Com9 mittee on Homeland Security of the House of Rep10 resentatives describing all Federal planning and pre11 paredness efforts relating to the National Response 

12 Plan, including an evaluation of the status of na13 tional disaster planning, particularly for catastrophic 

14 incidents. 

15 (2) INITIAL REPORT.—The initial report sub16 mitted under paragraph (1) shall include findings on 

17 the status and progress in completing the national 

18 operational plans described in subsections (a) through 

19 (d) and the preparedness efforts described in sub20 section (e) and a description of how the Adminis21 trator used remotely sensed imagery from the depart22 ments and agencies identified in subsection (d)(1)(F) 

23 during the response to Hurricane Katrina of 2005 

24 and how such imagery can be used during response 

25 to future disasters. 


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1 SEC. 405. TRAINING AND EXERCISES. 

2 (a) IN GENERAL.—The Administrator, in conjunction 

3 with other Federal departments and agencies with coordi4 nating, primary, or support functions under the National 

5 Response Plan and, where practicable and appropriate, 

6 with the National Homeland Security Academy and the 

7 National Incident Management System Integration Center, 

8 and in consultation with the National Advisory Council, 

9 shall ensure that the planning and preparedness require10 ments under section 404 are effectively trained and exer11 cised to provide for a fully coordinated national response 

12 to natural and man-made disasters. 

13 (b) REQUIREMENTS.—The training and exercises 

14 under subsection (a), shall at a minimum, include the fol15 lowing: 

16 (1) STATE AND LOCAL PARTICIPATION.—With re17 spect to State and local governments, emergency re18 sponse providers, and emergency managers— 

19 (A) incorporate input from State and local 

20 governments, emergency response providers, and 

21 emergency managers in planning and con22 ducting the national exercises and training 

23 under subsection (a); and 

24 (B) disaster and catastrophic response 

25 training and exercises on the National Response 

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1 dent Annex to the National Response Plan, and 

2 operational plans developed under section 404. 

3 (2) FEDERAL DEPARTMENTS AND AGENCIES.— 

4 Incorporate all Federal departments and agencies 

5 with any responsibilities under the National Response 

6 Plan, relevant agencies of State and local govern7 ments, and emergency response providers, including 

8 exercises relating to large-scale natural and man9 made disasters, including catastrophic incidents, that 

10 simulate the partial or complete incapacitation of 

11 emergency response providers from State and local 

12 government. 

13 (3) SCOPE.—Programs to address the unique re14 quirements of various special needs populations. 

15 (4) SURGE CAPACITY.—Training on disaster re16 sponse and recovery for employees of the Federal Gov17 ernment designated as part of the surge capacity of 

18 the Federal Government, including disaster assistance 

19 employees. 

20 (5) SENIOR OFFICIALS.—Training that ensures 

21 that senior level officials from Federal agencies and 

22 departments with responsibilities under the National 

23 Response Plan, including senior military officers and 

24 officials with responsibilities related to mitigation, 

25 preparedness, response, and recovery from a natural 


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1 or man-made disaster on a national level, are trained 

2 in the National Response Plan, National Incident 

3 Management System, and, as appropriate, the De4 fense Support to Civil Authorities mission of the De5 partment of Defense. 

6 (6) ELECTED OFFICIALS.—Training for Federal, 

7 State, and local government elected officials regarding 

8 the National Response Plan, National Incident Man9 agement System, and, as appropriate, the Defense 

10 Support to Civil Authorities mission of the Depart11 ment of Defense. 

12 (7) IMPLEMENTATION OF LESSONS LEARNED.— 

13 Procedures for implementing lessons learned from ex14 ercises into disaster response plans and programs. 

15 (c) REPORTS.—Not later than May 1, 2007, and annu16 ally thereafter until May 1, 2017, the Administrator shall 

17 submit to the Committee on Homeland Security and Gov18 ernmental Affairs of the Senate and the Committee on 

19 Homeland Security of the House of Representatives a report 

20 regarding the development and implementation of national 

21 exercise and training programs under this section. 

22 SEC. 406. EMERGENCY SUPPORT FUNCTION ASSURANCE 

23 PROGRAMS. 

24 (a) ENTITY REPORTS AND CERTIFICATION.—Not later 

25 than February 1, 2007, and annually thereafter, each agenVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 cy or entity designated as a primary or support agency 

2 for any emergency support function under the National Re3 sponse Plan and annexes thereof shall provide the coordi4 nating organization for that emergency support function 

5 with a detailed description of its plan to fulfill its respon6 sibilities under such Plan and annexes, including identi7 fication of key personnel and organizations or offices re8 sponsible for such functions, and the staffing and budget 

9 allocated for these purposes for the current year and staffing 

10 and budget needs for the succeeding year. Each such agency 

11 or entity shall include in each such report a certification 

12 that the agency or entity is capable and prepared to fulfill 

13 its responsibilities under such Plan and annexes. If such 

14 agency or entity concludes that the agency or entity is not 

15 capable and prepared, the agency or entity shall submit a 

16 remedial plan to the Administrator and the coordinating 

17 organization for the relevant emergency support function. 

18 (b) COORDINATING ORGANIZATION REPORTS AND CER19 TIFICATION.—Each agency or entity designated as a coordi20 nating agency under the National Response Plan and an21 nexes thereof shall evaluate plans submitted by the primary 

22 and support agencies or entities under subsection (a). Not 

23 later than March 1, 2007, and annually thereafter, each co24 ordinating organization for an emergency support function 

25 under the National Response Plan and annexes thereof shall 


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1 provide the Administrator with a detailed description of its 

2 coordinated plan with primary and support entities or 

3 agencies for the relevant emergency support function to ful4 fill its responsibilities under the National Response Plan 

5 and annexes thereof, including identification of key per6 sonnel and organizations or offices responsible for such 

7 functions, and the staffing and budget allocated for these 

8 purposes for the current year and staffing and budget needs 

9 for the succeeding year. Each such agency or entity shall 

10 include in each such report a certification that the coordi11 nating, primary, and support agencies are capable and pre12 pared to fulfill their responsibilities under such Plan and 

13 annexes. If such agency or entity concludes that the coordi14 nating, primary, or support agency is not capable and pre15 pared, the agency or entity shall submit a remedial plan 

16 to the Administrator and the coordinating agency for the 

17 relevant emergency support function. 

18 (c) EVALUATION AND REPORT TO CONGRESS BY THE

19 ADMINISTRATOR.— 

20 (1) IN GENERAL.—The Administrator shall en21 sure that each agency or entity designated as a co22 ordinating, primary, or support agency under the 

23 National Response Plan and annexes thereof is capa24 ble and prepared to carry out its responsibilities inVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 cluding appropriate operational plans, staffing, re2 sources, and training. 

3 (2) REPORTS.—Not later than June 1, 2007, and 

4 annually thereafter, the Administrator shall submit a 

5 report to the Committee on Homeland Security and 

6 Governmental Affairs of the Senate and the Com7 mittee on Homeland Security of the House of Rep8 resentatives that— 

9 (A) evaluates and verifies the readiness of 

10 such agencies or entities for the purposes under 

11 paragraph (1); 

12 (B) includes an appendix that identifies the 

13 level of funding and staffing each agency or enti14 ty has designated to meet its responsibilities 

15 under the National Response Plan; and 

16 (C) in those cases where the Administrator 

17 determines that an agency or entity is not capa18 ble or prepared to fulfill its responsibilities, iden19 tifies the deficiencies and develops an alternative 

20 mechanism to ensure that the necessary capabili21 ties are in place to meet the requirements of the 

22 plan. 


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1 TITLE V—PREVENTION OF 

2 FRAUD, WASTE, AND ABUSE 

3 SEC. 501. PROHIBITION ON EXCESSIVE PASS-THROUGH 

4 CHARGES. 

5 (a) REGULATIONS REQUIRED.—Not later than 120 

6 days after the date of the enactment of this Act, the Admin7 istrator for Federal Procurement Policy shall prescribe reg8 ulations prohibiting excessive pass-through charges on con9 tracts, subcontracts, or task or delivery orders that are en10 tered into for or on behalf of an executive agency that are 

11 in excess of the simplified acquisition threshold, as specified 

12 in section 4(11) of the Office of Federal Procurement Policy 

13 Act (41 U.S.C. 403(11)). 

14 (b) SCOPE OF REGULATIONS.—The regulations pre15 scribed under this section shall not apply to any firm, fixed16 price contract, subcontract, or task or delivery order that 

17 is— 

18 (1) awarded on the basis of adequate price com19 petition; or 

20 (2) for the acquisition of a commercial item, as 

21 defined in section 4(12) of the Office of Federal Pro22 curement Policy Act (41 U.S.C. 403(12)). 

23 (c) DEFINITIONS.—In this section: 

24 (1) EXCESSIVE PASS-THROUGH CHARGE.—The 

25 term ‘‘excessive pass-through charge’’ means a charge 


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1 by a covered contractor or subcontractor for overhead 

2 or profit on work performed by a covered lower-tier 

3 contractor (other than charges for the direct costs of 

4 managing lower-tier contracts and overhead and prof5 it based on such direct costs). 

6 (2) COVERED CONTRACTOR.—The term ‘‘covered 

7 contractor’’ means the following: 

8 (A) A contractor that assigns work account9 ing for more than 80 percent of the cost of con10 tract performance (not including overhead or 

11 profit) to subcontractors. 

12 (B) In the case of a contract providing for 

13 the development or production of a system of sys14 tems, a contractor that assigns work accounting 

15 for more than 80 percent of the cost of contract 

16 performance (not including overhead or profit) 

17 for any particular system under such contract to 

18 subcontractors. 

19 (3) COVERED LOWER-TIER CONTRACTOR.—The 

20 term ‘‘covered lower-tier contractor’’ means the fol21 lowing: 

22 (A) With respect to a covered contractor de23 scribed by paragraph (2)(A) in a contract, any 

24 lower-tier subcontractor under such contract. 


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1 (B) With respect to a covered contractor de2 scribed by paragraph (2)(B) in a contract, any 

3 lower-tier subcontractor on a system under such 

4 contract for which such covered contractor has 

5 assigned work accounting for more than 80 per6 cent of the cost of contract performance (not in7 cluding overhead or profit). 

8 (4) EXECUTIVE AGENCY.—The term ‘‘executive 

9 agency’’ has the meaning given such term in section 

10 4 of the Office of Federal Procurement Policy Act (41 

11 U.S.C. 403). 

12 (d) EFFECTIVE DATE.—The regulations prescribed 

13 under this section shall apply to contracts awarded on or 

14 after the date that is 120 days after the date of the enact15 ment of this Act. 

16 (e) GAO REPORT.—Not later than 180 days after the 

17 date of enactment of this Act, the Comptroller General shall 

18 submit a report to Congress that— 

19 (1) determines the total number of all contracts 

20 and subcontracts entered into during the 2-year pe21 riod preceding the date of enactment of this Act to 

22 carry out the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act or relating to Hurricane 

24 Katrina of 2005; 


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1 (2) determines the number of the contracts and 

2 subcontracts described in paragraph (1) of this sub3 section to which the prohibition under subsection (a) 

4 would have applied if this section had been in effect 

5 during that 2-year period; and 

6 (3) determines the number of the contracts and 

7 subcontracts described in paragraph (1) of this sub8 section to which the prohibition under subsection (a) 

9 would have applied if— 

10 (A) this section had been in effect during 

11 that 2-year period; and 

12 (B) the term ‘‘90 percent’’ is substituted for 

13 the term ‘‘80 percent’’ each place it appears in 

14 subsection (c). 

15 SEC. 502. FRAUD PREVENTION PROGRAMS. 

16 (a) REPORT.— 

17 (1) ANALYSIS.—The Comptroller General shall 

18 submit to the Committee on Homeland Security and 

19 Governmental Affairs of the Senate and the Com20 mittee on Homeland Security of the House of Rep21 resentatives a report containing an analysis of fraud 

22 prevention programs used by the Department in con23 nection with assistance programs. The analysis shall 

24 assess, among other relevant issues, the effectiveness 

25 of, and adherence to, the fraud prevention controls 


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1 used in such programs for registration and payment 

2 processes. 

3 (2) RECOMMENDATIONS.—The report required 

4 under this subsection shall include recommendations 

5 for additional fraud prevention controls, including re6 quiring that data provided by registrants be validated 

7 against other Federal Government or third-party 

8 sources to determine the accuracy of identification 

9 and residence information. 

10 (b) TRAINING.—The Secretary shall conduct training 

11 on fraud awareness for key Department personnel, includ12 ing contracting officers and the Surge Capacity Force estab13 lished under section 304, for the purpose of preventing fraud 

14 in the assistance programs of the Department. 

15 SEC. 503. CONTINGENCY CONTRACTING CORPS AND REGU16 LATIONS. 

17 (a) ESTABLISHMENT AND PURPOSE.—The Director of 

18 the Office of Management and Budget, in consultation with 

19 the heads of other relevant executive agencies, is authorized 

20 to establish and maintain a Contingency Contracting Corps 

21 (in this section referred to as the ‘‘Corps’’). The Corps shall 

22 be composed of contracting officers of executive agencies who 

23 are trained and available to perform on a temporary and 

24 volunteer basis services necessary to assist agencies with 

25 contracting activities during unplanned events. 


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1 (b) SERVICE.—An employee of an executive agency 

2 shall receive the approval of such agency prior to per3 forming services for the Corps under subsection (a) that re4 duce substantially the amount of time such employee is able 

5 to perform the normal functions of such employee, and may 

6 perform such services for at least 30 days, but not more 

7 than 1 year. An employee performing services for the Corps 

8 in accordance with this subsection shall not be removed 

9 from employment as a result of performing such services. 

10 (c) CONTINUITY OF KNOWLEDGE.—The Director of the 

11 Office of Management and Budget shall ensure that, as em12 ployees rotate through periods of service with the Corps, the 

13 Corps retains information developed during such periods of 

14 service in a useful, complete format to enable the Corps to 

15 effectively carry out the purposes of the Corps. 

16 (d) TRAINING.—Members of the Corps shall receive 

17 training on contingency contracting from the Federal Ac18 quisition Institute or other appropriate entity. The training 

19 shall be provided using available funds in the Acquisition 

20 Workforce Training Fund established under section 

21 37(h)(3)(A) of the Office of Federal Procurement Policy Act 

22 (41 U.S.C. 433(h)(3)(A)). 

23 (e) CONTINGENCY CONTRACTING REGULATIONS.— 

24 Each member of the Corps shall— 


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1 (1) be provided all necessary forms and regula2 tions in a portable, electronic format to facilitate 

3 compliance with all relevant laws, including part 18 

4 of the Federal Acquisition Regulation relating to 

5 emergency acquisitions; and 

6 (2) be familiar with such forms and regulations. 

7 SEC. 504. VERIFICATION MEASURES FOR INDIVIDUALS AND 

8 HOUSEHOLDS PROGRAM. 

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Administrator shall prescribe regulations— 

11 (1) establishing an identity verification process 

12 for the Individuals and Households Program (in this 

13 section referred to as the ‘‘IHP’’) registrants applying 

14 via the Internet or by telephone to provide reasonable 

15 assurance that disaster assistance payments are made 

16 only to qualified individuals; 

17 (2) developing procedures to improve the existing 

18 review process of duplicate registrations containing 

19 the exact same social security numbers and to iden20 tify the reasons why registrations flagged as invalid 

21 or as potential duplicates have been overridden and 

22 approved for payment; 

23 (3) establishing an address verification process 

24 for IHP registrants applying via the Internet or by 

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1 aster assistance payments are made only to qualified 

2 individuals; 

3 (4) establishing procedures for entering into 

4 agreements with other agencies, such as the Social Se5 curity Administration, to periodically authenticate 

6 information contained in the IHP registrations; 

7 (5) establishing procedures to collect duplicate 

8 expedited assistance payments or to offset these 

9 amounts against future payments; 

10 (6) ensuring that distributions of IHP debit 

11 cards include instructions on the proper use of IHP 

12 funds, similar to those instructions provided to recipi13 ents of IHP checks and electronic fund transfers, to 

14 prevent improper usage; 

15 (7) ensuring that any systems or processes estab16 lished under paragraphs (1) through (6) are fully 

17 tested before implementation for quality assurance; 

18 and 

19 (8) providing an expedited and simplified review 

20 and appeal process for IHP registrants whose disaster 

21 assistance applications are denied. 

22 SEC. 505. INFORMATION TECHNOLOGY SYSTEMS. 

23 The Secretary shall ensure that information technology 

24 systems used by the Department have functions to help en25 sure the validity of claims for assistance under the Robert 


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1 T. Stafford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5121 et seq.), to deter waste, fraud, and abuse. 

3 SEC. 506. REGISTRY OF DISASTER RESPONSE CONTRAC4 TORS. 

5 (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘registry’’ means the registry cre7 ated under subsection (b); and 

8 (2) the terms ‘‘small business concern’’, ‘‘small 

9 business concern owned and controlled by socially and 

10 economically disadvantaged individuals’’, ‘‘small 

11 business concern owned and controlled by women’’, 

12 and ‘‘small business concern owned and controlled by 

13 service-disabled veterans’’ have the meanings given 

14 those terms under the Small Business Act (15 U.S.C. 

15 631 et seq.). 

16 (b) REGISTRY.— 

17 (1) IN GENERAL.—The Administrator shall cre18 ate a registry of contractors who are capable of per19 forming debris removal, distribution of supplies, re20 construction, and other disaster or emergency relief 

21 activities. 

22 (2) CONTENTS.—The registry shall include, for 

23 each business concern— 

24 (A) the name of the business concern; 

25 (B) the location of the business concern; 


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1 (C) the area served by the business concern; 

2 (D) the type of good or service provided by 

3 the business concern; 

4 (E) the bonding level of the business con5 cern; and 

6 (F) whether the business concern is— 

7 (i) a small business concern; 

8 (ii) a small business concern owned 

9 and controlled by socially and economically 

10 disadvantaged individuals; 

11 (iii) a small business concern owned 

12 and controlled by women; or 

13 (iv) a small business concern owned 

14 and controlled by service-disabled veterans. 

15 (3) SOURCE OF INFORMATION.— 

16 (A) SUBMISSION.—Information maintained 

17 in the registry shall be submitted on a voluntary 

18 basis by business concerns. 

19 (B) ATTESTATION.—Each business concern 

20 submitting information to the registry shall sub21 mit— 

22 (i) an attestation that the information 

23 is true; and 

24 (ii) documentation supporting such at25 testation. 


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1 (C) VERIFICATION.—The Administrator 

2 shall verify that the documentation submitted by 

3 each business concern supports the information 

4 submitted by that business concern. 

5 (D) ENFORCEMENT PENALTIES FOR MIS6 REPRESENTATION.—Any business concern that 

7 misrepresents the status of that business concern 

8 as a small business concern, a small business 

9 concern owned and controlled by socially and 

10 economically disadvantaged individuals, a small 

11 business concern owned and controlled by 

12 women, or a small business concern owned and 

13 controlled by service-disabled veterans shall be 

14 subject to the criminal and civil provisions of 

15 section 1001 of title 18, United States Code, and 

16 sections 3729 through 3733 of title 31, United 

17 States Code. 

18 (4) AVAILABILITY OF REGISTRY.—The registry 

19 shall be made generally available on the Internet site 

20 of the Agency. 

21 (5) CONSULTATION OF REGISTRY.—As part of 

22 the acquisition planning for contracting for debris re23 moval, distribution of supplies in a disaster, recon24 struction, and other disaster or emergency relief ac25 tivities, a Federal agency shall consult the registry. 


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1 SEC. 507. USE OF CERTAIN SUPPLY SCHEDULES. 

2 Section 502(c) of title 40, United States Code, is 

3 amended by striking paragraph (1) and inserting the fol4 lowing: 

5 ‘‘(1) IN GENERAL.—The Administrator may pro6 vide for the use by State or local governments of Fed7 eral supply schedules of the General Services Admin8 istration for— 

9 ‘‘(A) automated data processing equipment 

10 (including firmware), software, supplies, support 

11 equipment, and services (as contained in Federal 

12 supply classification code group 70); and 

13 ‘‘(B) procurement of supplies or services to 

14 be used to prepare for or respond to a emergency 

15 or major disaster declared by the President 

16 under the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5121 et 

18 seq.).’’. 

19 SEC. 508. USE OF LOCAL FIRMS AND INDIVIDUALS. 

20 The Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5121 et seq.) is amended by strik22 ing section 307 and inserting the following: 

23 ‘‘SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS. 

24 ‘‘(a) CONTRACTS OR AGREEMENTS WITH PRIVATE EN25 TITIES.— 


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1 ‘‘(1) IN GENERAL.—In the expenditure of Fed2 eral funds for debris clearance, distribution of sup3 plies, reconstruction, and other major disaster or 

4 emergency assistance activities which may be carried 

5 out by contract or agreement with private organiza6 tions, firms, or individuals, preference shall be given, 

7 to the extent feasible and practicable, to those organi8 zations, firms, and individuals residing or doing 

9 business primarily in the area affected by such major 

10 disaster or emergency. 

11 ‘‘(2) CONSTRUCTION.—This subsection shall not 

12 be considered to restrict the use of Department of De13 fense resources under this Act in the provision of as14 sistance in a major disaster. 

15 ‘‘(b) IMPLEMENTATION.— 

16 ‘‘(1) CONTRACTS NOT TO ENTITIES IN AREA.— 

17 Any expenditure of Federal funds for debris clearance, 

18 distribution of supplies, reconstruction, and other 

19 major disaster or emergency assistance activities 

20 which may be carried out by contract or agreement 

21 with private organizations, firms, or individuals, not 

22 awarded to an organization, firm, or individual re23 siding or doing business primarily in the area af24 fected by such major disaster shall be justified in 

25 writing in the contract file. 


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1 ‘‘(2) TRANSITION.—To the maximum extent fea2 sible and practicable, taking into consideration cost, 

3 schedule, and performance as significant factors, fol4 lowing the declaration of an emergency or major dis5 aster, an agency performing response, relief, and re6 construction activities shall transition work per7 formed under contracts in effect on the date on which 

8 the President declares the emergency or major disaster 

9 to organizations, firms, and individuals residing or 

10 doing business primarily in any area affected by the 

11 major disaster or emergency. 

12 ‘‘(c) PRIOR CONTRACTS.—Nothing in this section shall 

13 be construed to require any Federal agency to breach or 

14 renegotiate any contract in effect before the occurrence of 

15 a major disaster or emergency.’’. 

16 SEC. 509. ADVANCE CONTRACTING. 

17 (a) INITIAL REPORT.— 

18 (1) IN GENERAL.—Not later than 180 days after 

19 the date of enactment of this Act, the Administrator 

20 shall submit a report under paragraph (2) identi21 fying— 

22 (A) recurring disaster response require23 ments, including specific goods and services, for 

24 which the Agency is capable of contracting for in 


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1 advance of natural or man-made disasters in a 

2 cost effective manner; 

3 (B) recurring disaster response require4 ments, including specific goods and services, for 

5 which the Agency can not contract in advance of 

6 a natural or man-made disaster in a cost-effec7 tive manner; and 

8 (C) a contracting strategy that maximizes 

9 the use of advance contracts to the extent prac10 tical and cost effective. 

11 (2) SUBMISSION.—The report under paragraph 

12 (1) shall be submitted to— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs the Senate; and 

15 (B) the Committee on Homeland Security of 

16 the House of Representatives. 

17 (b) ENTERING INTO CONTRACTS.—Not later than 1 

18 year after the date of enactment of this Act, the Adminis19 trator shall enter into 1 or more contracts through the use 

20 of competitive procedures for each type of goods or services 

21 identified under subsection (a)(1)(A), and in accordance 

22 with the contracting strategy identified in subsection 

23 (a)(1)(C). Any contract for goods or services identified in 

24 subsection (a)(1)(A) previously awarded under competitive 

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1 ment. Before entering into any contract under this sub2 section, the Administrator shall consider section 307 of the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5150), as amended by this Act. 

5 (c) MAINTENANCE OF CONTRACTS.—After the date de6 scribed under subsection (b), the Administrator shall have 

7 the responsibility to maintain contracts for appropriate lev8 els of goods and services in accordance with subsection 

9 (a)(1)(C). 

10 (d) REPORT ON CONTRACTS NOT USING COMPETITIVE

11 PROCEDURES.—At the end of each fiscal quarter, beginning 

12 with the first fiscal quarter occurring at least 90 days after 

13 the date of enactment of this Act, the Administrator shall 

14 submit a report on each disaster assistance contract entered 

15 into by the Agency by other than competitive procedures 

16 to— 

17 (1) the Committee on Homeland Security and 

18 Governmental Affairs the Senate; and 

19 (2) the Committee on Homeland Security of the 

20 House of Representatives. 

21 SEC. 510. PURCHASE CARD WASTE ELIMINATION. 

22 (a) REQUIREMENT FOR GUIDANCE.— 

23 (1) OFFICE OF MANAGEMENT AND BUDGET POL24 ICY GUIDANCE.—Not later than 180 days after the 

25 date of the enactment of this Act, the Director of the 


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1 Office of Management and Budget shall issue guide2 lines to assist the heads of executive agencies in im3 proving the management of the use of the Govern4 mentwide commercial purchase card for making 

5 micropurchases. The Director shall include guidelines 

6 on the following matters: 

7 (A) Analysis of purchase card expenditures 

8 to identify opportunities for achieving savings 

9 through micropurchases made in economical vol10 umes. 

11 (B) Negotiation of discount agreements with 

12 major vendors accepting the purchase card. 

13 (C) Establishment of communication pro14 grams to ensure that purchase card holders re15 ceive information pertaining to the availability 

16 of discounts, including programs for the training 

17 of purchase card holders on the availability of 

18 discounts. 

19 (D) Assessment of cardholder purchasing 

20 practices, including use of discount agreements. 

21 (E) Collection and dissemination of best 

22 practices and successful strategies for achieving 

23 savings in micropurchases. 

24 (F) Analysis of purchase card expenditures 

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1 rately measuring fair participation of small 

2 business concerns in micropurchases consistent 

3 with the national policy on small business par4 ticipation in Federal procurements set forth in 

5 sections 2(a) and 15(g) of the Small Business 

6 Act (15 U.S.C. 631(a) and 644(g)), and dissemi7 nation of best practices for participation of 

8 small business concerns in micropurchases. 

9 (2) GENERAL SERVICES ADMINISTRATION.—The 

10 Administrator of General Services shall— 

11 (A) continue efforts to improve reporting by 

12 financial institutions that issue the Government13 wide commercial purchase card so that the Gen14 eral Services Administration has the data needed 

15 to identify opportunities for achieving savings; 

16 and 

17 (B) actively pursue point-of-sale discounts 

18 with major vendors accepting the purchase card 

19 so that any Federal Government purchaser using 

20 the purchase card can benefit from such point21 of-sale discounts. 

22 (3) AGENCY REPORTING REQUIREMENT.—The 

23 senior procurement executive for each executive agen24 cy shall, as directed by the Director of the Office of 

25 Management and Budget, submit to the Director periVerDate Aug 31 2005 23:37 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6203 E:\BILLS\S3721.RS S3721

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1 odic reports on the actions taken in such executive 

2 agency under the guidelines issued under paragraph 

3 (1). 

4 (4) CONGRESSIONAL OVERSIGHT.—Not later 

5 than December 31 of the year following the year in 

6 which this Act is enacted, and December 31 of each 

7 of the ensuing 3 years, the Director of the Office of 

8 Management and Budget shall submit to the Com9 mittee on Homeland Security and Governmental Af10 fairs of the Senate and the Committee on Government 

11 Reform of the House of Representatives a report sum12 marizing the progress made during the fiscal year 

13 ending in the year in which such report is due— 

14 (A) in improving the management of the 

15 use of the Governmentwide commercial purchase 

16 card for making micropurchases; and 

17 (B) in achieving savings in micropurchases 

18 made with such card, expressed in terms of aver19 age savings achieved by each executive agency in 

20 the use of discount agreements identified in 

21 paragraph (1) and the total savings achieved 

22 Governmentwide. 

23 (5) DEFINITIONS.—In this subsection: 

24 (A) The term ‘‘executive agency’’ has the 

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1 fice of Federal Procurement Policy Act (41 

2 U.S.C. 403). 

3 (B) The term ‘‘micropurchase’’ means a 

4 purchase in an amount not in excess of the 

5 micropurchase threshold, as defined in section 32 

6 of such Act (41 U.S.C. 428). 

7 (b) PAYMENTS TO FEDERAL CONTRACTORS WITH FED8 ERAL TAX DEBT.—The General Services Administration, 

9 in conjunction with the Internal Revenue Service and the 

10 Financial Management Service, shall develop procedures to 

11 subject purchase card payments to Federal contractors to 

12 the Federal Payment Levy program. 

13 (c) REPORTING OF AIR TRAVEL BY FEDERAL GOVERN14 MENT EMPLOYEES.— 

15 (1) DEFINITION.—In this subsection, the term 

16 ‘‘executive agency’’ has the meaning given such term 

17 in section 4 of the Office of Federal Procurement Pol18 icy Act (41 U.S.C. 403). 

19 (2) ANNUAL REPORTS REQUIRED.—The Admin20 istrator of the General Services shall submit annually 

21 to the Committee on Homeland Security and Govern22 mental Affairs of the Senate and the Committee on 

23 Government Reform of the House of Representatives a 

24 report on all first class and business class travel by 


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1 employees of each executive agency undertaken at the 

2 expense of the Federal Government. 

3 (3) CONTENT.—The reports submitted under 

4 paragraph (2) shall include, at a minimum, with re5 spect to each travel by first class or business class— 

6 (A) the names of each traveler; 

7 (B) the date of travel; 

8 (C) the points of origination and destina9 tion; 

10 (D) the cost of the first class or business 

11 class travel; and 

12 (E) the cost difference between such travel 

13 and travel by coach class. 

14 SEC. 511. MANAGEMENT OF PURCHASE CARDS. 

15 (a) DEFINITION.—In this section, the term ‘‘executive 

16 agency’’ has the meaning given such term in section 4(1) 

17 of the Office of Federal Procurement Policy Act (41 U.S.C. 

18 403(1)). 

19 (b) REQUIRED SAFEGUARDS AND INTERNAL CON20 TROLS.—The head of each executive agency that issues and 

21 uses purchase cards and convenience checks shall establish 

22 and maintain safeguards and internal controls to ensure 

23 the following: 

24 (1) That there is a record in each executive agen25 cy of each holder of a purchase card issued by the 


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1 agency for official use, annotated with the limitations 

2 on single transaction and total credit amounts that 

3 are applicable to the use of each such card by that 

4 purchase cardholder. 

5 (2) That each purchase card holder is assigned 

6 an approving official other than the card holder with 

7 the authority to approve or disapprove expenditures. 

8 (3) That the holder of a purchase card and each 

9 official with authority to authorize expenditures 

10 charged to the purchase card are responsible for— 

11 (A) reconciling the charges appearing on 

12 each statement of account for that purchase card 

13 with receipts and other supporting documenta14 tion; and 

15 (B) forwarding such reconciliation to the 

16 designated official who certifies the bill for pay17 ment in a timely manner. 

18 (4) That any disputed purchase card charge, and 

19 any discrepancy between a receipt and other sup20 porting documentation and the purchase card state21 ment of account, is resolved in the manner prescribed 

22 in the applicable Governmentwide purchase card con23 tract entered into by the Administrator of General 

24 Services. 


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1 (5) That payments on purchase card accounts 

2 are made promptly within prescribed deadlines to 

3 avoid interest penalties. 

4 (6) That rebates and refunds based on prompt 

5 payment on purchase card accounts are monitored for 

6 accuracy and properly recorded as a receipt to the 

7 agency that pays the monthly bill. 

8 (7) That records of each purchase card trans9 action (including records on associated contracts, re10 ports, accounts, and invoices) are retained in accord11 ance with standard Government policies on the dis12 position of records. 

13 (8) That periodic reviews are performed to deter14 mine whether each purchase cardholder has a need for 

15 the purchase card. 

16 (9) That appropriate training is provided to 

17 each purchase cardholder and each official with re18 sponsibility for overseeing the use of purchase cards 

19 issued by an executive agency. 

20 (10) That the executive agency has specific poli21 cies regarding the number of purchase cards issued by 

22 various organizations and categories of organizations, 

23 the credit limits authorized for various categories of 

24 cardholders, and categories of employees eligible to be 

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1 signed to minimize the financial risk to the Federal 

2 Government of the issuance of the purchase cards and 

3 to ensure the integrity of purchase cardholders. 

4 (11) That the executive agency utilizes tech5 nologies to prevent or identify fraudulent purchases, 

6 including controlling merchant codes and utilizing 

7 statistical machine learning and pattern recognition 

8 technologies that review the risk of every transaction. 

9 (12) That the executive agency invalidates the 

10 purchase card of each employee who— 

11 (A) ceases to be employed by the agency im12 mediately upon termination of the employment 

13 of the employee; or 

14 (B) transfers to another unit of the agency 

15 immediately upon the transfer of the employee. 

16 (13) That the executive agency takes steps to re17 cover the cost of any improper or fraudulent purchase 

18 made by an employee, including, as necessary, 

19 through salary offsets. 

20 (c) MANAGEMENT OF PURCHASE CARDS.—The head of 

21 each executive agency shall prescribe regulations imple22 menting the safeguards and internal controls in subsection 

23 (b). The regulations shall be consistent with regulations that 

24 apply Governmentwide regarding the use of purchase cards 

25 by Government personnel for official purposes. 


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1 SEC. 512. GAO REPORT ON COMPLIANCE WITH THE SINGLE 

2 AUDIT ACT OF 1984. 

3 Not later than 90 days after the date of enactment of 

4 this Act, the Comptroller General shall submit a report to 

5 Congress on the compliance of the Department with the Sin6 gle Audit Act of 1984 (31 U.S.C. 7501 note), specifically 

7 with respect to the management decisions of the Department 

8 during the 2-year period preceding the date of enactment 

9 of this Act relating to the quality of audits of the recipients 

10 of grants. 

11 SEC. 513. GAO REPORT ON IMPROPER PAYMENTS. 

12 Not later than 90 days after the date of enactment of 

13 this Act, the Comptroller General shall submit a report to 

14 Congress on— 

15 (1) the ability of the Department to comply with 

16 the Improper Payments Information Act of 2002 (31 

17 U.S.C. 3321 note) with respect to disasters similar to 

18 Hurricane Katrina of 2005; and 

19 (2) whether internal controls are in place within 

20 the Department to ensure that the risk of making im21 proper payments (as defined under section 2(d)(2) of 

22 that Act) is not increased with the need to expend 

23 funds quickly in similar disasters. 


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1 SEC. 514. GAO REPORT ON CONTRACTS WITH CERTAIN 

2 SMALL BUSINESS CONCERNS. 

3 Not later than 90 days after the date of enactment of 

4 this Act, the Comptroller General shall submit a report to 

5 Congress on the number of all contracts and subcontracts 

6 entered into during the 2-year period preceding the date 

7 of enactment of this Act to carry out the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance Act or relating 

9 to Hurricane Katrina of 2005 between the Department and 

10 small business concerns, small business concerns owned and 

11 controlled by socially and economically disadvantaged indi12 viduals, small business concerns owned and controlled by 

13 women, and small business concerns owned and controlled 

14 by service-disabled veterans, as those terms are defined in 

15 the Small Business Act (15 U.S.C. 631 et seq.). 

16 SEC. 515. CHIEF FINANCIAL OFFICER FOR CATASTROPHIC 

17 INCIDENTS AND LONG-TERM RECOVERY OF18 FICES. 

19 (a) ESTABLISHMENT AND APPOINTMENT.—In the 

20 event of a catastrophic incident or when the President has 

21 elected to establish and operate long-term recovery offices 

22 for any other emergency, the President shall— 

23 (1) establish an Office of Catastrophic Incident 

24 or Long-term Recovery in the Executive Office of the 

25 President (in this section referred to as the ‘‘Office’’); 

26 and 


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1 (2) appoint a Chief Financial Officer, by and 

2 with the advice and consent of the Senate, to be the 

3 head of the Office. 

4 (b) SUPERSEDING PROVISIONS.—Any provision of this 

5 section that is inconsistent with any other provision of this 

6 Act, the Homeland Security Act of 2002, or the Robert T. 

7 Stafford Disaster Relief and Emergency Assistance Act, 

8 shall apply instead of such other provision to the extent of 

9 the inconsistency. 

10 (c) QUALIFICATIONS.—The Chief Financial Officer 

11 shall— 

12 (1) have the qualifications required under section 

13 901(a)(3) of title 31, United States Code; and 

14 (2) have knowledge of Federal contracting and 

15 policymaking functions. 

16 (d) AUTHORITIES AND FUNCTIONS.— 

17 (1) IN GENERAL.—The Chief Financial Officer 

18 shall— 

19 (A) be responsible for the efficient and effec20 tive use of Federal funds in all activities relating 

21 to the recovery from the catastrophic incident or 

22 other emergency; 

23 (B) strive to ensure that— 

24 (i) priority in the distribution of Fed25 eral relief funds is given to individuals and 


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1 organizations most in need of financial as2 sistance; and 

3 (ii) priority in the distribution of Fed4 eral reconstruction funds is given to busi5 ness entities that are based in the area of 

6 the catastrophic incident or other emergency 

7 or business entities that hire workers who 

8 resided in that area before the catastrophic 

9 incident or other emergency occurred; 

10 (C) perform risk assessments of all pro11 grams and operations related to recovery from 

12 the catastrophic incident or other emergency and 

13 implement internal controls and program over14 sight based on risk of waste, fraud, or abuse; 

15 (D) report directly to the President regard16 ing financial management matters and activities 

17 relating to the programs and operations of the 

18 catastrophic incident recovery effort or long-term 

19 recovery effort; 

20 (E) oversee all financial management ac21 tivities relating to the programs and operations 

22 of the catastrophic incident or other emergency 

23 recovery effort; 

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1 cluding financial reporting and internal con2 trols, which— 

3 (i) complies with applicable accounting 

4 principles, standards, and requirements, 

5 and internal control standards; 

6 (ii) complies with such policies and re7 quirements as may be prescribed by the Di8 rector of the Office of Management and 

9 Budget; 

10 (iii) complies with any other require11 ments applicable to such systems; and 

12 (iv) provides for— 

13 (I) complete, reliable, consistent, 

14 and timely information which is pre15 pared on a uniform basis and which is 

16 responsive to the financial information 

17 needs of the Office; 

18 (II) the development and report19 ing of cost information; 

20 (III) the integration of accounting 

21 and budgeting information; and 

22 (IV) the systematic measurement 

23 of performance; 

24 (G) monitor the financial execution of the 

25 budget of Federal agencies relating to recovery 


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1 from the catastrophic incident or other emer2 gency in relation to actual expenditures, and 

3 prepare and submit to the President timely per4 formance reports; 

5 (H) have access to all records, reports, au6 dits, reviews, documents, papers, recommenda7 tions, or other material which are the property 

8 of Federal agencies, or which are available to the 

9 agencies, and which relate to programs and oper10 ations with respect to which the Chief Financial 

11 Officer has responsibilities; 

12 (I) request such information or assistance 

13 as may be necessary for carrying out the duties 

14 and responsibilities provided by this section from 

15 any Federal, State, or local governmental entity, 

16 including any Chief Financial Officer under sec17 tion 902 of title 31, United States Code, and, 

18 upon receiving such request, insofar as is prac19 ticable and not in contravention of any law, any 

20 such Federal Governmental entity or Chief Fi21 nancial Officer under section 902 shall cooperate 

22 and furnish such requested information or assist23 ance; 


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1 (J) to the extent and in such amounts as 

2 may be provided in advance by appropriations 

3 Acts, be authorized to— 

4 (i) enter into contracts and other ar5 rangements with public agencies and with 

6 private persons for the preparation of fi7 nancial statements, studies, analyses, and 

8 other services; and 

9 (ii) make such payments as may be 

10 necessary to carry out the provisions of this 

11 section; 

12 (K) for purposes of the Improper Payments 

13 Information Act of 2002 (31 U.S.C. 3321 note), 

14 perform, in consultation with the Office of Man15 agement and Budget, the functions of the head of 

16 an agency for any activity relating to the recov17 ery from the catastrophic incident or other emer18 gency that is not currently the responsibility of 

19 the head of an agency under that Act; and 

20 (L) transmit a report, on a quarterly basis, 

21 regarding any program or activity identified by 

22 the Chief Financial Officer as susceptible to sig23 nificant improper payments under section 2(a) 

24 of the Improper Payments Information Act of 


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1 2002 (31 U.S.C. 3321 note) to the appropriate 

2 inspector general. 

3 (2) ACCESS.—Except as provided in paragraph 

4 (1)(H), this subsection does not provide to the Chief 

5 Financial Officer any access greater than permitted 

6 under any other law to records, reports, audits, re7 views, documents, papers, recommendations, or other 

8 material of any Office of Inspector General estab9 lished under the Inspector General Act of 1978 (5 

10 U.S.C. App.). 

11 (3) COORDINATION OF AGENCIES.—In the per12 formance of the authorities and functions under para13 graph (1) by the Chief Financial Officer the President 

14 (or the President’s designee) shall act as the head of 

15 the Office and the Chief Financial Officer shall have 

16 management and oversight of all agencies performing 

17 activities relating to the recovery from the cata18 strophic incident or other emergency. 

19 (4) REGULAR REPORTS.— 

20 (A) IN GENERAL.—Every month the Chief 

21 Financial Officer shall submit a financial report 

22 on the activities for which the Chief Financial 

23 Officer has management and oversight respon24 sibilities to— 


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1 (i) the Committee on Homeland Secu2 rity and Governmental Affairs of the Sen3 ate; 

4 (ii) the Committee on Homeland Secu5 rity of the House of Representatives; 

6 (iii) the Committees on Appropriations 

7 of the Senate and House of Representatives; 

8 and 

9 (iv) the Committee on Government Re10 form of the House of Representatives. 

11 (B) CONTENTS.—Each report under this 

12 paragraph shall include the extent to which— 

13 (i) Federal relief funds have been given 

14 to individuals and organizations most in 

15 need of financial assistance; 

16 (ii) Federal reconstruction funds have 

17 been made available to business entities that 

18 are based in the area of the catastrophic in19 cident or other emergency or business enti20 ties that hire workers who resided in that 

21 area before the catastrophic incident or 

22 other emergency occurred; and 

23 (iii) Federal agencies have made use of 

24 sole source, no-bid or cost-plus contracts. 


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1 (C) FIRST REPORT.—The first report under 

2 this paragraph shall include information relat3 ing to the first full month for which a Chief Fi4 nancial Officer has been appointed. 

5 (e) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI6 CERS.—Nothing in this section shall be construed to relieve 

7 the responsibilities of any Chief Financial Officer under 

8 section 902 of title 31, United States Code. 

9 (f) AVAILABILITY OF RECORDS.—Upon request to the 

10 Chief Financial Officer, the Office shall make the records 

11 of the Office available to the Inspector General of any Fed12 eral agency performing recovery activities relating to the 

13 catastrophic incident or other emergency, or to any Special 

14 Inspector General designated to investigate such activities, 

15 for the purpose of performing the duties of that Inspector 

16 General under the Inspector General Act of 1978 (5 U.S.C. 

17 App.). 

18 (g) REPORTS OF THE GOVERNMENT ACCOUNTABILITY

19 OFFICE.—The Government Accountability Office shall pro20 vide quarterly reports to the committees described under 

21 subsection (d)(4) relating to all activities and expenditures 

22 overseen by the Office, including— 

23 (1) the accuracy of reports submitted by the 

24 Chief Financial Officer to Congress; 


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1 (2) the extent to which agencies performing ac2 tivities relating to the recovery from the catastrophic 

3 incident or other emergency have made use of sole 

4 source, no-bid or cost-plus contracts; 

5 (3) whether Federal funds expended by State and 

6 local government agencies were spent for their in7 tended use; 

8 (4) the extent to which Federal relief funds have 

9 been distributed to individuals and organizations 

10 most affected by the catastrophic incident or other 

11 emergency and Federal reconstruction funds have 

12 been made available to business entities that are based 

13 in the area of the catastrophic incident or other emer14 gency or business entities that hire workers who re15 sided in that area before the catastrophic incident or 

16 other emergency occurred; and 

17 (5) the extent to which internal controls to pre18 vent waste, fraud, or abuse exist in the use of Federal 

19 funds relating to the recovery from the catastrophic 

20 incident or other emergency. 

21 (h) ADMINISTRATIVE AND SUPPORT SERVICES.— 

22 (1) IN GENERAL.—The President shall provide 

23 administrative and support services (including office 

24 space) for the Office and the Chief Financial Officer. 


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1 (2) PERSONNEL.—The President shall provide 

2 for personnel for the Office through the detail of Fed3 eral employees. Any Federal employee may be detailed 

4 to the Office without reimbursement, and such detail 

5 shall be without interruption or loss of civil service 

6 status or privilege. 

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated such sums as necessary to 

9 carry out this section. 

10 (j) TERMINATION OF OFFICE.—The President shall 

11 provide for the timely termination of any Office of Cata12 strophic Incident or Long-term Recovery established under 

13 this section and any position of Chief Financial Officer es14 tablished under this section. 

15 TITLE VI—MISCELLANEOUS 

16 PROVISIONS 

17 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated— 

20 (1) for fiscal year 2007— 

21 (A) $249,000,000 for ‘‘Administrative and 

22 Regional Operations’’; and 

23 (B) $240,000,000 for ‘‘Readiness, Mitiga24 tion, Response, and Recovery’’; 

25 (2) for fiscal year 2008— 


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1 (A) $273,900,000 for ‘‘Administrative and 

2 Regional Operations’’; and 

3 (B) $264,000,000 for ‘‘Readiness, Mitiga4 tion, Response, and Recovery’’; 

5 (3) for fiscal year 2009— 

6 (A) $301,290,000 for ‘‘Administrative and 

7 Regional Operations’’; and 

8 (B) $290,400,000 for ‘‘Readiness, Mitiga9 tion, Response, and Recovery’’; and 

10 (4) for fiscal year 2010— 

11 (A) $331,419,000 for ‘‘Administrative and 

12 Regional Operations’’; and 

13 (B) $319,440,000 for ‘‘Readiness, Mitiga14 tion, Response, and Recovery’’. 

15 (b) COMMUNICATIONS.—There are authorized to be ap16 propriated— 

17 (1) to carry out section 528 of the Homeland Se18 curity Act of 2002 (as amended by this Act), 

19 $4,000,000 for each of fiscal years 2007 through 2010, 

20 and such amounts appropriated under this section 

21 shall remain available for 3 fiscal years after the date 

22 on which such funds are appropriated; and 

23 (2) to carry out section 558 of the Homeland Se24 curity Act of 2002 (as added by this Act)— 

25 (A) $400,000,000 for fiscal year 2007; 


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1 (B) $500,000,000 for fiscal year 2008; 

2 (C) $600,000,000 for fiscal year 2009; 

3 (D) $800,000,000 for fiscal year 2010; 

4 (E) $1,000,000,000 for fiscal year 2011; 

5 and 

6 (F) such sums as are necessary for each fis7 cal year thereafter; and 

8 (3) for the operations of the Office for Emergency 

9 Communications and to carry out subtitle B of title 

10 V of the Homeland Security Act of 2002 except for 

11 section 558 (as added by this Act)— 

12 (A) $127,232,000 for fiscal year 2007; 

13 (B) $126,549,000 for fiscal year 2008; 

14 (C) $125,845,000 for fiscal year 2009; 

15 (D) $125,121,000 for fiscal year 2010; and 

16 (E) such sums as are necessary for each fis17 cal year thereafter. 

18 (c) OTHER AUTHORIZATIONS.—Except as provided in 

19 subsections (b) and (c), there are authorized to be appro20 priated such sums as are necessary to carry out this Act, 

21 and the amendments made by this Act. 

22 SEC. 602. EFFECTIVE DATE. 

23 Except as otherwise provided in this Act, this Act and 

24 the amendments made by this Act shall take affect on Janu25 ary 1, 2007. 


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502 

•S 3721 RS

Amend the title so as to read: ‘‘A bill to amend the 

Homeland Security Act of 2002 to strengthen and ensure 

the efficacy of the Federal Emergency Management 

Agency, and for other purposes.’’. 


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Calendar No. 582 

109TH CONGRESS 

2D SESSION S. 3721 

A BILL 

To amend the Homeland Security Act of 2002 to 

ment Authority, and for other purposes. establish the United States Emergency ManageAUGUST 3, 2006 

Reported with an amendment and an amendment to the 

title 


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