II 

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 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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 


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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. 

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. 


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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 

16 with a sustained national impact over a prolonged 

17 period of time, that may rapidly exceed resources 

18 available to State and local government and private19 sector authorities in the impacted area, or may sigVerDate Aug 31 2005 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS S3721

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1 nificantly interrupt governmental operations and 

2 emergency services to such an extent that national 

3 security could be threatened; 

4 (4) the term ‘‘Department’’ means the Depart5 ment of Homeland Security; 

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

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

8 the Homeland Security Act of 2002; 

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

10 means a Federal coordinating officer as described in 

11 section 302 of the Robert T. Stafford Disaster Relief 

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

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

14 means an individual with a disability as defined in 

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

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

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

18 means the National Advisory Council on Prepared19 ness and Response established under section 518 of 

20 the Homeland Security Act of 2002, as amended by 

21 this Act; 

22 (9) the term ‘‘National Incident Management 

23 System’’ means the National Incident Management 

24 System as described in the National Response Plan; 


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

2 the National Response Plan prepared under Home3 land Security Presidential Directive 5 or any presi4 dential directive meant to replace or augment that 

5 directive; 

6 (11) the term ‘‘Regional Office’’ means a Re7 gional Office established under section 517 of the 

8 Homeland Security Act of 2002, as amended by this 

9 Act; 

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

11 means a Regional Office strike team established 

12 under section 517 of the Homeland Security Act of 

13 2002, as amended by this Act; 

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

15 of Homeland Security; and 

16 (14) the term ‘‘surge capacity’’ means the abil17 ity to rapidly and substantially increase the provi18 sion of search and rescue capabilities, food, water, 

19 medicine, shelter and housing, medical care, evacu20 ation capacity, staffing, including disaster assistance 

21 employees, and other resources necessary to save 

22 lives and protect property during a catastrophic inci23 dent. 


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1 TITLE I—NATIONAL 

2 PREPAREDNESS AND RESPONSE 

3 SEC. 101. UNITED STATES EMERGENCY MANAGEMENT AU4 THORITY. 

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

6 U.S.C. 311 et seq.) is amended— 

7 (1) by striking the title heading and inserting 

8 the following: 

9 ‘‘TITLE V—NATIONAL PRE10 PAREDNESS AND RESPONSE’’; 

11 (2) by striking sections 501 through 503; 

12 (3) by striking sections 506 and 507; 

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

14 and 509 as sections 536, 537, 538, and 539, respec15 tively; 

16 (5) by redesignating section 510 (relating to 

17 procurement of security countermeasures for the 

18 strategic national stockpile) as section 540; 

19 (6) by redesignating section 510 (relating to 

20 urban and other high risk area communications ca21 pabilities) as section 541; 

22 (7) by inserting before section 536, as so redes23 ignated by this section, the following: 

24 ‘‘SEC. 501. DEFINITIONS. 

25 ‘‘In this title— 


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1 ‘‘(1) the term ‘all-hazards-plus’ means an ap2 proach to preparedness, response, recovery, and 

3 mitigation that emphasizes the development of capa4 bilities that are common to natural and man-made 

5 disasters, while also including the development of ca6 pabilities that are uniquely relevant to specific types 

7 of disasters; 

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

9 States Emergency Management Authority estab10 lished under section 512; 

11 ‘‘(3) the term ‘Administrator’ means the Ad12 ministrator of the Authority; 

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

14 natural or manmade incident, including an act of 

15 terrorism, that results in extraordinary levels of cas16 ualties or damage, mass evacuations, or disruption 

17 severely affecting the population, infrastructure, en18 vironment, economy, national morale, or government 

19 functions in an area and may include an incident 

20 with a sustained national impact over a prolonged 

21 period of time, that may rapidly exceed resources 

22 available to State and local government and private23 sector authorities in the impacted area, or may sig24 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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; 

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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 

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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), 

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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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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 23:28 Jul 27, 2006 Jkt 049196 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS 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. 

Æ 


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