[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5759 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5759

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2006

  Ms. Harris introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
  Committees on Homeland Security, Energy and Commerce, International 
  Relations, Judiciary, and House Administration, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foundations for 
Emergency Management Act'' or the ``FEMA Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Directorate of Emergency Management.
Sec. 102. Disaster Response Group.
Sec. 103. Streamlined deputation of qualified Federal law enforcement 
                            officers.
Sec. 104. International assistance for domestic catastrophic incidents.
Sec. 105. Gulf Coast Long-Term Recovery Office.
Sec. 106. National Disaster Medical System.
Sec. 107. Office of Interoperability and Compatibility.
Sec. 108. Intelligence analysts.
Sec. 109. Redesignation of Directorate for Information Analysis and 
                            Infrastructure Protection.
Sec. 110. National Academy of Public Administration study on 
                            implementation of organizational reforms.
Sec. 111. GAO reports on an inventory and status of homeland security 
                            training.
Sec. 112. Grants for training and exercises to assist public elementary 
                            and secondary schools.
Sec. 113. Sense of Congress on the Project 25 conformity assessment 
                            project.
Sec. 114. National pandemic influenza exercise.
Sec. 115. Public-private sector planning and response pilot program.
Sec. 116. Emergency Management Performance Grants.
Sec. 117. Hurricane exercise.
Sec. 118. Definitions.
Sec. 119. Conforming amendments.
              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

Sec. 201. Fraud, waste, and abuse controls; fraud prevention training 
                            program.
Sec. 202. Assessment and report regarding utilization of Independent 
                            Private Sector Inspectors General.
Sec. 203. Enhanced accountability for Federal assistance.
Sec. 204. Enhanced information sharing among Federal agencies to 
                            prevent fraud, waste, and abuse.
Sec. 205. Deputy Inspector General for Response and Recovery.
Sec. 206. Protection of Department of Homeland Security official seal 
                            and insignia.
   TITLE III--AMENDMENTS TO DISASTER RELIEF AND EMERGENCY ASSISTANCE 
                                PROGRAM

Sec. 301. Definitions.
Sec. 302. State disaster preparedness programs.
Sec. 303. Standards and reviews.
Sec. 304. Penalty for misuse of funds.
Sec. 305. Advance of non-Federal share.
Sec. 306. Mitigation planning.
Sec. 307. Procedure for declaration of major disasters.
Sec. 308. Essential assistance.
Sec. 309. Temporary housing assistance.
Sec. 310. Procedure for declaration of emergencies.
     TITLE IV--GOOD SAMARITAN LIABILITY IMPROVEMENT AND VOLUNTEER 
                             ENCOURAGEMENT

Sec. 401. Short title.
Sec. 402. Findings.
            Subtitle A--Disaster Relief Volunteer Protection

Sec. 411. Definitions.
Sec. 412. Liability of disaster relief volunteers.
Sec. 413. Liability of employer or partner of disaster relief 
                            volunteer.
Sec. 414. Liability of host or enabling person, entity, or 
                            organization.
Sec. 415. Liability of governmental and intergovernmental entities for 
                            donations of disaster relief goods.
Sec. 416. Limitation on punitive and non-economic damages based on 
                            actions of disaster relief volunteers and 
                            governmental or intergovernmental donors.
Sec. 417. Judicial review of allegations.
Sec. 418. Supplemental declaration.
Sec. 419. Election of State regarding nonapplicability.
Sec. 420. Construction.
             Subtitle B--Volunteer Protection Improvements

Sec. 441. Definitions.
Sec. 442. Liability protection for actions of volunteers generally.
Sec. 443. Charitable donations liability reform for in-kind 
                            contributions.
             TITLE V--DISASTER RECOVERY PERSONAL PROTECTION

Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Prohibition on confiscation of firearms during certain 
                            national emergencies.
                  TITLE VI--HURRICANE ELECTION RELIEF

Sec. 601. Short title.
Sec. 602. Grants to States for restoring and replacing election 
                            administration supplies, materials, 
                            records, equipment, and technology which 
                            were damaged, destroyed, or dislocated by 
                            Hurricanes Katrina or Rita.
Sec. 603. Authorization of appropriations.

                     TITLE I--EMERGENCY MANAGEMENT

SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT.

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

                    ``TITLE V--EMERGENCY MANAGEMENT

           ``Subtitle A--Directorate of Emergency Management

``SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT.

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

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

    ``(a) Responsibilities.--Subject to the direction and control of 
the Secretary, the Under Secretary for Emergency Management shall have 
the primary responsibility within the executive branch of Government 
for preparing for, mitigating against, responding to, and recovering 
from acts of terrorism, natural disasters, and other emergencies. Such 
responsibilities shall include the following:
            ``(1) Serving as the Secretary's principal advisor on 
        emergency preparedness, mitigation, response, and recovery 
        issues.
            ``(2) Carrying out all functions and authorities prescribed 
        by the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            ``(3) Coordinating the Federal response to acts of 
        terrorism, natural disasters, or other emergencies, including 
        coordination of--
                    ``(A) the National Emergency Response Team;
                    ``(B) the deployment of the Strategic National 
                Stockpile;
                    ``(C) the National Disaster Medical System;
                    ``(D) the Nuclear Incident Response Team (when 
                operating as an organizational unit of the Department 
                pursuant to this title);
                    ``(E) the Metropolitan Medical Response System;
                    ``(F) the Urban Search and Rescue System;
                    ``(G) Federal Incident Response Support Teams;
                    ``(H) Management Support Teams; and
                    ``(I) the Mobile Emergency Response System.
            ``(4) Overseeing and directing all of the activities of the 
        Directorate.
            ``(5) Developing for each fiscal year, and submitting 
        directly to the President, a prepared budget for the 
        Directorate.
            ``(6) Coordinating emergency preparedness, mitigation, 
        response, and recovery activities throughout the Department.
            ``(7) Leading the development of an integrated national 
        emergency management system.
            ``(8) Coordinating preparedness, mitigation, response, and 
        recovery efforts at the Federal level.
            ``(9) Working with all State, local, tribal, and private 
        sector emergency managers, emergency response providers, and 
        emergency support providers on all matters pertaining to acts 
        of terrorism, natural disasters, and other emergencies, 
        including training, exercises, and lessons learned.
            ``(10) Implementing national strategies and policies in all 
        matters pertaining to emergency management and the protection 
        of critical infrastructure.
            ``(11) Establishing priorities for directing, funding, and 
        conducting national preparedness programs, activities, and 
        services for preventing, protecting against, mitigating 
        against, responding to, and recovering from acts of terrorism, 
        natural disasters, and other emergencies.
            ``(12) Coordinating communications and systems of 
        communications relating to homeland security by and between all 
        levels of government.
            ``(13) Directing and supervising homeland security 
        financial assistance awarded by the Department to State, local, 
        and tribal governments.
            ``(14) Serving as an advocate for emergency preparedness 
        across all government sectors, the private sector, and the 
        public.
            ``(15) Helping to ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        and local governments and emergency response providers.
            ``(16) Aiding the recovery from acts of terrorism, natural 
        disasters, and other emergencies.
            ``(17) Minimizing, to the extent practicable, overlapping 
        planning and reporting requirements applicable to State, local, 
        and tribal governments and the private sector.
            ``(18) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(b) Functions Transferred.--
            ``(1) Transfer.--There are transferred to the Under 
        Secretary for Emergency Management--
                    ``(A) the functions, personnel, assets, and 
                liabilities of the Federal Emergency Management Agency; 
                and
                    ``(B) the functions, personnel, assets, and 
                liabilities of the Directorate of Preparedness.
            ``(2) Responsibilities.--The Under Secretary shall carry 
        out the responsibilities of the Director of the Federal 
        Emergency Management Agency and the responsibilities of the 
        Under Secretary for Preparedness.
    ``(c) Performance of Previously Transferred Functions.--The 
Secretary shall perform the functions of the following entities through 
the Under Secretary for Emergency Management:
            ``(1) The Integrated Hazard Information System (which the 
        Secretary shall rename `FIRESAT') of the National Oceanic and 
        Atmospheric Administration.
            ``(2) The National Domestic Preparedness Office of the 
        Federal Bureau of Investigation, including the functions of the 
        Attorney General relating thereto.
            ``(3) The Domestic Emergency Response Teams of the 
        Department of Justice, including the functions of the Attorney 
        General relating thereto.
            ``(4) The Office of Emergency Preparedness, the National 
        Disaster Medical System, and the Metropolitan Medical Response 
        System of the Department of Health and Human Services, 
        including the functions of the Secretary of Health and Human 
        Services and the Assistant Secretary for Public Health 
        Emergency Preparedness relating thereto.
            ``(5) The United States Fire Administration and the United 
        States Fire Academy.
    ``(d) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any applicable 
provision of an annual Homeland Security Appropriations Act relating to 
the reprogramming or transfer of funds.
    ``(e) Sufficiency of Resources.--The Secretary shall provide to the 
Under Secretary for Emergency Management the resources and staff 
necessary to carry out the responsibilities of the Directorate of 
Emergency Management under this section.

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

    ``(a) In General.--The Under Secretary for Emergency Management 
shall serve as the principal advisor to the President for all matters 
pertaining to emergency management in the United States.
    ``(b) Cabinet Status.--During the effective period of an Incident 
of National Significance declared by the Secretary under the National 
Response Plan, the Under Secretary for Emergency Management shall serve 
as a Cabinet Officer for the duration of such Incident of National 
Significance.
    ``(c) Appointment of Principal Federal Official.--Notwithstanding 
any provision of the National Response Plan or Homeland Security 
Presidential Directive 5, the Secretary, in coordination with the Under 
Secretary for Emergency Management, shall designate the Principal 
Federal Official for purposes of the National Response Plan.
    ``(d) Retention of Authority.--Nothing in this section shall be 
construed as affecting the authority of the Secretary under this Act.

``SEC. 504. REGIONAL OFFICES.

    ``(a) In General.--In accordance with section 706, there is in the 
Directorate a Regional Office of Emergency Management for each region 
of the United States.
    ``(b) Management of Regional Offices.--
            ``(1) Regional director.--Each Regional Office shall be 
        headed by a Regional Director for Emergency Management, who 
        shall be appointed by the Secretary, in consultation with 
        State, local, and tribal governments in the region. Except as 
        provided in subsection (c)(3), each Regional Director for 
        Emergency Management shall report directly to the Under 
        Secretary for Emergency Management.
            ``(2) Deputy regional director.--There shall be in each 
        Regional Office a Deputy Regional Director for Emergency 
        Management, who shall be appointed by the Secretary, in 
        consultation with State, local, and tribal governments in the 
        region. The Deputy Regional Director for Emergency Management 
        for a Regional Office shall report directly to the Regional 
        Director for Emergency Management for that Regional Office.
            ``(3) Qualifications.--Each individual appointed as 
        Regional Director or Deputy Regional Director for Emergency 
        Management must possess a demonstrated ability in and knowledge 
        of emergency management and possess familiarity with the 
        geographical area and demographic characteristics of the 
        population served by the Regional Office.
    ``(c) Responsibilities.--
            ``(1) In general.--Subject to the direction and control of 
        the Secretary and in consultation with the Regional Advisory 
        Council on Emergency Management under subsection (e), each 
        Regional Director for Emergency Management shall work in 
        partnership with State, local, and tribal governments, 
        emergency managers, emergency response providers, emergency 
        support providers, medical providers, the private sector, 
        nongovernmental organizations, multijurisdictional councils of 
        governments, and regional planning commissions and 
        organizations in the geographical area served by the Regional 
        Office to carry out the responsibilities under this section.
            ``(2) Core responsibilities.--The core responsibilities of 
        each Regional Director are as follows:
                    ``(A) Ensuring coordination and integration of 
                regional preparedness, mitigation, response, and 
                recovery activities and programs, including planning, 
                training, exercises, and professional development.
                    ``(B) Participating in regional emergency 
                management activities.
                    ``(C) Identifying critical gaps in preparedness and 
                reporting such gaps to the Assistant Secretary for 
                Grants and Planning.
                    ``(D) Identifying critical gaps in critical 
                infrastructure and reporting such gaps to the Assistant 
                Secretary for Infrastructure Protection.
                    ``(E) Organizing, in consultation with the 
                Assistant Secretary for Training and Exercises, 
                regional training and exercise programs.
                    ``(F) Facilitating the dissemination and 
                implementation of lessons learned and best practices.
                    ``(G) Improving general information sharing and 
                other forms of coordination.
                    ``(H) Encouraging, in coordination with the 
                Director of the Office of Public and Community 
                Preparedness, public and community preparedness 
                efforts.
                    ``(I) Assisting in the development of regional 
                capabilities needed for a national catastrophic 
                response system.
                    ``(J) Monitoring, in coordination with the 
                Assistant Secretary for Grants and Planning, the use of 
                Federal homeland security assistance awarded by the 
                Department to State, local, and tribal governments.
                    ``(K) Pre-identifying Joint Field Office locations 
                in areas with large populations or in areas at high 
                risk to acts of terrorism, natural disasters, or other 
                emergencies.
                    ``(L) Fostering the development of mutual aid and 
                other cooperative agreements pertaining to emergency 
                management.
                    ``(M) Identifying critical gaps in regional 
                capabilities to respond to the needs of at-risk 
                communities, as described in section 527(e).
                    ``(N) Performing such other duties relating to such 
                responsibilities as the Secretary may require.
            ``(3) Incidents of national significance.--
                    ``(A) Appointment of regional director as principal 
                federal official or federal coordinating officer.--
                During the effective period of an Incident of National 
                Significance declared by the Secretary under the 
                National Response Plan, if the Regional Director is 
                appointed Principal Federal Official or Federal 
                Coordinating Officer, the Deputy Regional Director 
                shall assume the responsibilities of the Regional 
                Director during such incident.
                    ``(B) Responsibilities of principal federal 
                official.--In addition to the responsibilities of the 
                Principal Federal Official under the National Response 
                Plan, such Official shall, with respect to the Incident 
                of National Significance--
                            ``(i) establish and direct a Joint Field 
                        Office and any other coordination structure 
                        that is needed for such incident;
                            ``(ii) possess the authority to make any 
                        necessary operational decisions, in accordance 
                        with existing Federal law, without obtaining 
                        approval from the Secretary;
                            ``(iii) coordinate and direct, as 
                        appropriate, Federal response assets deployed 
                        within the operational area;
                            ``(iv) serve as the primary point of 
                        contact between the Department, the Department 
                        of Defense, and States for contingency 
                        planning; and
                            ``(v) act as the primary point of contact 
                        and situational awareness locally for the 
                        Secretary of Homeland Security.
    ``(d) Training and Exercise Requirements.--
            ``(1) Training.--The Secretary shall require each Regional 
        Director and Deputy Regional Director for Emergency Management 
        to complete Principal Federal Officer training not later than 
        60 days after the date on which the Regional Director or Deputy 
        Regional Director is appointed. In addition, the Secretary 
        shall require each Regional Director and Deputy Regional 
        Director to periodically, but not less than annually, undergo 
        specific training to complement the qualifications of the 
        Regional Director or Deputy Regional Director. Such training 
        shall include training with respect to the National Incident 
        Management System, the National Response Plan, and such other 
        subjects as determined by the Secretary.
            ``(2) Exercises.--The Secretary shall require each Regional 
        Director and Deputy Regional Director for Emergency Management 
        to regularly participate in regional or national exercises.
    ``(e) Regional Advisory Councils on Emergency Management.--
            ``(1) Establishment.--There is in each Regional Office a 
        Regional Advisory Council on Emergency Management. Each 
        Advisory Council shall report to the Regional Director of the 
        Regional Office.
            ``(2) Membership.--
                    ``(A) The Regional Director shall appoint the 
                following members to the Advisory Council of that 
                Regional Director's Regional Office--
                            ``(i) subject matter experts from across 
                        the Federal Government, including 
                        representatives from the Departments of 
                        Defense, Energy, Health and Human Services, and 
                        Transportation;
                            ``(ii) subject matter experts from 
                        components of the Directorate, including the 
                        Offices of Grants and Planning, Training and 
                        Exercises, Public and Community Preparedness, 
                        Infrastructure Protection, Response, and 
                        Recovery;
                            ``(iii) subject matter experts from other 
                        components of the Department, including the 
                        Coast Guard, United States Customs and Border 
                        Protection, Immigration and Customs 
                        Enforcement, the Transportation Security 
                        Administration, and the United States Secret 
                        Service;
                            ``(iv) subject matter experts representing 
                        emergency managers, emergency response 
                        providers, and emergency support providers; and
                            ``(v) subject matter experts from the 
                        private sector, including nongovernmental 
                        organizations, educational institutions, social 
                        action agencies, and faith-based organizations.
                    ``(B) State, local, and tribal governments within 
                the geographic area served by the Regional Office shall 
                appoint officials, including Adjutants General and 
                emergency managers, as members of the Advisory Council.
            ``(3) Terms of office.--
                    ``(A) In general.--The term of office of each 
                member of the Advisory Council shall be 3 years.
                    ``(B) Initial appointments.--Of the members 
                initially appointed to the Advisory Council--
                            ``(i) one-third shall be appointed for a 
                        term of one year; and
                            ``(ii) one-third shall be appointed for a 
                        term of two years.
            ``(4) Chair.--At the first meeting of the Advisory Council, 
        the members of the Advisory Council appointed under paragraph 
        (2) shall elect a chair of the Advisory Council.
            ``(5) Meetings.--The Advisory Council shall meet at least 
        biannually at the call of the chair. Each member shall be given 
        appropriate notice of the call of each meeting, whenever 
        possible not less than 15 days before the meeting.
            ``(6) Regional factors.--The size and composition of each 
        Advisory Council shall be determined by--
                    ``(A) the size of the region associated with the 
                Advisory Council;
                    ``(B) the propensity of that region to experience 
                natural disasters and other emergencies;
                    ``(C) the risk of acts of terrorism within the 
                region; and
                    ``(D) State, local, and tribal preparedness, as 
                measured against the National Preparedness Goal.
            ``(7) Responsibilities.--The Advisory Council shall carry 
        out the following responsibilities:
                    ``(A) Advise the Regional Director on emergency 
                management issues specific to that region.
                    ``(B) Identify any geographic, demographic, or 
                other characteristics peculiar to any State, local, or 
                tribal government within the region that might make 
                preparedness, mitigation, response, or recovery more 
                complicated or difficult.
                    ``(C) Advise the Regional Director on developing a 
                process of peer review for catastrophic emergency plans 
                submitted under section 524.
                    ``(D) Advise the Regional Director of any 
                weaknesses or deficiencies in preparedness, mitigation, 
                response, and recovery for any State, local, or tribal 
                government within the region of which the Advisory 
                Council is aware.
                    ``(E) Assist the Regional Director in establishing 
                a process to secure goods and services through 
                coordinated, pre-negotiated contracts by Federal, 
                State, local, and tribal governments.
                    ``(F) Provide recommendations on other matters 
                pertaining to emergency management.
                    ``(G) Provide such advice as the Regional Director 
                requests.
    ``(f) Coordination.--Each Regional Director for Emergency 
Management shall coordinate all activities conducted under this section 
with other Federal departments and agencies, and shall not have 
authority over other agencies of the Department, including the Coast 
Guard, the United States Customs and Border Protection, Immigration and 
Customs Enforcement, the Transportation Security Administration, or the 
United States Secret Service.
    ``(g) Retention of Authorities.--
            ``(1) Federal coordinating officer.--Nothing in this 
        section shall be construed as affecting any authority of the 
        Federal Coordinating Officer under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et 
        seq.).
            ``(2) State, local, and tribal governments.--Nothing in 
        this section shall be construed as limiting the power of State, 
        local, and tribal governments.
    ``(h) Deadline and Use of Existing Offices.--
            ``(1) Deadline.--The Secretary shall establish the Regional 
        Offices required under this section not later than one year 
        after the date of the enactment of the Foundations for 
        Emergency Management Act.
            ``(2) Use of existing field offices.--In establishing the 
        Regional Offices required under this section, the Secretary 
        shall, to the extent practicable, co-locate and consolidate 
        field offices of the Department that are in existence as of the 
        date of the enactment of such Act.
    ``(i) Applicability of Federal Advisory Committee Act.--
            ``(1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory Committee Act (5 
        U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of such Act, and section 552b(c) of title 5, United 
        States Code, shall apply to the Advisory Council.
            ``(2) Termination.--Section 14(a)(2)(B) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Council.

``SEC. 505. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Chief Medical Officer shall 
report directly to the Under Secretary for Emergency Management.
    ``(b) Qualifications.--The individual appointed as Chief Medical 
Officer shall possess a demonstrated ability in and knowledge of 
medicine and public health.
    ``(c) Responsibilities.--The Chief Medical Officer shall have the 
primary responsibility within the Department for medical issues related 
to acts of terrorism, natural disasters, and other emergencies, 
including the following:
            ``(1) Serving as the Secretary's principal advisor on 
        medical and public health issues.
            ``(2) Coordinating the biosurveillance and detection 
        activities of the Department.
            ``(3) Ensuring that decision support tools link 
        biosurveillance and detection information to near real-time 
        response actions at the State, local, and tribal level.
            ``(4) Ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support.
            ``(5) Serving as the Department's primary point of contact 
        with the Departments of Agriculture, Defense, Health and Human 
        Services, Transportation, and Veterans Affairs, and other 
        Federal departments or agencies, on medical and public health 
        issues.
            ``(6) Serving as the Department's primary point of contact 
        with respect to medical and public health matters.
            ``(7) Discharging, in coordination with the Under Secretary 
        for Science and Technology, responsibilities of the Department 
        related to Project Bioshield.
            ``(8) Establishing doctrine and priorities for the National 
        Disaster Medical System and supervising its medical components, 
        consistent with the National Response Plan and the National 
        Incident Management System.
            ``(9) Establishing doctrine and priorities for the 
        Metropolitan Medical Response System, consistent with the 
        National Response Plan and the National Incident Management 
        System.
            ``(10) Assessing and monitoring long-term health issues of 
        emergency managers, emergency response providers, and emergency 
        support providers.
            ``(11) Developing and updating guidelines for State, local, 
        and tribal governments for medical response plans for chemical, 
        biological, radiological, nuclear, or explosive weapon attacks.
            ``(12) Identifying, in consultation with the Secretary of 
        Health and Human Services, appropriate medical equipment and 
        supplies for inclusion in the force packages under the 
        Prepositioned Equipment Program under section 581.
            ``(13) Developing, in consultation with the Secretary of 
        Health and Human Services, appropriate patient tracking 
        capabilities to execute domestic patient movement and 
        evacuations, including a system that has the capacity of 
        electronically maintaining and transmitting the health 
        information of hospital patients.
            ``(14) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Deputy.--There is in the Department a Deputy Chief Medical 
Officer, who shall be appointed by the Secretary and who shall assist 
the Chief Medical Officer in carrying out the responsibilities under 
subsection (c).
    ``(e) Qualifications.--The individual appointed as Deputy Chief 
Medical Officer shall possess a demonstrated ability in and knowledge 
of medicine and public health.
    ``(f) Long-Term Health Assessment Program.--
            ``(1) In general.--The Chief Medical Officer, in 
        consultation with the Director of the National Institute for 
        Occupational Safety and Health, shall establish a program to 
        assess, monitor, and study the health and safety of emergency 
        managers, emergency response providers, and emergency support 
        providers following Incidents of National Significance declared 
        by the Secretary under the National Response Plan.
            ``(2) Cooperative agreements.--In carrying out the program 
        under this subsection, the Chief Medical Officer shall enter 
        into cooperative agreements, as necessary, with medical 
        institutions in the areas affected by such Incidents of 
        National Significance.
    ``(g) Federal Public Health and Medical Assets.--
            ``(1) Comprehensive plan.--The Chief Medical Officer shall 
        develop a comprehensive plan to identify, deploy, and track 
        public health and medical assets of the Federal Government for 
        use during a catastrophic event.
            ``(2) Report to congress.--Not later than 180 days after 
        the date of enactment of this Act, the Chief Medical Officer 
        shall submit to Congress a report containing the plan developed 
        under this subsection.

``SEC. 506. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM.

    ``(a) Establishment.--The Secretary, acting through the Chief 
Medical Officer, shall establish a National Biosurveillance Integration 
System (referred to in this section as the `NBIS') to enhance the 
capability of the Federal Government to rapidly identify, characterize, 
and localize a biological event by integrating and analyzing data from 
human health, animal, plant, food, and environmental monitoring systems 
(both national and international) into 1 comprehensive system.
    ``(b) Requirements.--The NBIS shall be designed to detect, as early 
as possible, a biological event that presents a risk to the United 
States or the infrastructure or key assets of the United States. The 
NBIS shall--
            ``(1) consolidate data from all relevant surveillance 
        systems maintained by the Department and other governmental and 
        private sources, both foreign and domestic;
            ``(2) use an information technology system that uses the 
        best available statistical and other analytical tools to 
        automatically identify and characterize biological events in as 
        close to real-time as possible; and
            ``(3) process and protect sensitive data consistent with 
        requirements of applicable privacy laws including the Health 
        Insurance Portability and Accountability Act of 1996.
    ``(c) Responsibilities of the Chief Medical Officer.--
            ``(1) In general.--The Chief Medical Officer shall--
                    ``(A) establish an entity to perform all operations 
                and assessments related to the NBIS;
                    ``(B) continuously monitor the availability and 
                appropriateness of data feeds and solicit new 
                surveillance systems with data that would enhance 
                biological situational awareness or overall NBIS 
                performance;
                    ``(C) continuously review and seek to improve the 
                statistical and other analytical methods utilized by 
                NBIS;
                    ``(D) establish a procedure to enable States and 
                local government entities to report suspicious events 
                that could warrant further assessments using NBIS;
                    ``(E) receive and consider all relevant homeland 
                security information; and
                    ``(F) provide technical assistance, as appropriate, 
                to all Federal, regional, State, and local government 
                entities and private sector entities that contribute 
                data relevant to the operation of NBIS.
            ``(2) Assessments.--The Chief Medical Officer shall--
                    ``(A) continuously evaluate available data for 
                evidence of a biological event; and
                    ``(B) integrate homeland security information with 
                NBIS data to provide overall situational awareness and 
                determine whether a biological event has occurred.
            ``(3) Information sharing.--The Chief Medical Officer 
        shall--
                    ``(A) in the event that a biological event is 
                detected, notify the Secretary and disseminate results 
                of NBIS assessments related to that biological event to 
                appropriate Federal, regional, State, and local 
                response entities in a timely manner to support 
                decisionmaking;
                    ``(B) provide reports on NBIS assessments to 
                Federal, regional, State, and local governments and any 
                private sector entities, as considered appropriate by 
                the Secretary; and
                    ``(C) use available information sharing networks 
                internal to the Department, as well as those within the 
                intelligence community and operation centers, for 
                distributing NBIS incident or situational awareness 
                reports.
    ``(d) Notification of Chief Medical Officer.--The Secretary shall 
ensure that the Chief Medical Officer is notified of any threat of a 
biological event and receives all classified and unclassified reports 
related to threats of biological events in a timely manner.
    ``(e) Administrative Authorities.--
            ``(1) Hiring of experts.--The Chief Medical Officer shall 
        hire individuals with the necessary expertise to develop and 
        operate the NBIS system.
            ``(2) Detail of personnel.--Upon the request of the Chief 
        Medical Officer, the head of any Federal department or agency 
        may detail, on a reimbursable basis, any of the personnel of 
        that department or agency to the Directorate of Emergency 
        Management to assist the Chief Medical Officer in carrying out 
        this section.
            ``(3) Privacy.--The Chief Medical Officer shall ensure all 
        applicable privacy regulations are strictly adhered to in the 
        operation of the NBIS and the sharing of any information 
        related to the NBIS.
    ``(f) Joint Biosurveillance Leadership Council.--The Chief Medical 
Officer shall--
            ``(1) establish an interagency coordination council to 
        facilitate interagency cooperation to advise the Chief Medical 
        Officer on recommendations to enhance the biosurveillance 
        capabilities of the Department; and
            ``(2) invite officials of Federal agencies that conduct 
        biosurveillance programs, including the Department of Health 
        and Human Services, the Department of Agriculture, the 
        Environment Protection Agency, and the Department of Defense, 
        to serve on such council.
    ``(g) Annual Report Required.--Not later than December 31 of each 
year, the Chief Medical Officer shall submit to Congress a report that 
contains each of the following:
            ``(1) A list of departments, agencies, and private or 
        nonprofit entities participating in the NBIS and the data each 
        entity contributes to the NBIS.
            ``(2) An implementation plan for the NBIS that includes 
        cost, schedule, and key milestones.
            ``(3) The status of the implementation of the NBIS.
            ``(4) The schedule for obtaining access to any relevant 
        biosurveillance information not compiled in NBIS as of the date 
        on which the report is submitted.
            ``(5) A description of the incident reporting or 
        decisionmaking protocols in effect as of the date on which the 
        report is submitted and any changes made to such protocols 
        during the period beginning on the date on which the report for 
        the preceding year was submitted and ending on the date on 
        which the report is submitted.
            ``(6) A list of any Federal, State, or local government 
        entities that have direct or indirect access to the information 
        that is integrated into the NBIS.
    ``(h) Relationship to Other Departments and Agencies.--The 
authority of the Chief Medical Officer under this section shall not 
affect an authority or responsibility of any other department or agency 
of the Federal Government with respect to biosurveillance activities 
under any program administered by that department or agency.
    ``(i) Biological Event.--The term `biological event' means--
            ``(1) an act of terrorism that uses material of biological 
        origins; or
            ``(2) a naturally occurring outbreak of an infectious 
        disease that may affect national security.

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

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

``SEC. 508. NATIONAL OPERATIONS CENTER.

    ``(a) Establishment.--There is in the Department of Homeland 
Security the National Operations Center (referred to in this section as 
the `NOC') which shall serve as the Nation's nerve center for 
information-sharing and domestic incident management at all times.
    ``(b) Responsibilities.--The NOC shall--
            ``(1) increase coordination between Federal, State, 
        territorial, tribal, local, and private sector partners;
            ``(2) collect and fuse information from a variety of 
        sources on a daily basis to monitor threats and help deter, 
        detect, and prevent terrorist acts;
            ``(3) provide real-time situational awareness and 
        coordinate incident and response activities;
            ``(4) in conjunction with the Office of Intelligence and 
        Analysis, issue advisories and bulletins concerning threats to 
        homeland security, as well as specific protective measures; and
            ``(5) perform other functions the Secretary deems 
        necessary.
    ``(c) Director.--The NOC shall be headed by a Director, who shall 
be appointed by the Secretary. The Director shall report directly to 
the Secretary.
    ``(d) Staff.--The NOC shall be staffed with full-time employees 
from relevant Federal departments and agencies. The NOC shall also be 
staffed with employees from other relevant Federal, State, and local 
departments and agencies if the Secretary deems it appropriate.
    ``(e) Transfer of Functions.--The Secretary shall provide for the 
transfer to the NOC of the functions of the following entities:
            ``(1) The Homeland Security Operations Center.
            ``(2) The National Response Coordination Center.
            ``(3) The Interagency Incident Management Group.
    ``(f) Revision of National Response Plan.--The Secretary shall 
revise the National Response Plan to carry out this section.

``SEC. 509. OFFICE OF NATIONAL CAPITAL REGION COORDINATION.

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

``SEC. 510. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT.

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

``SEC. 511. REORGANIZATION OF DIRECTORATE.

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

                  ``Subtitle B--Emergency Preparedness

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

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

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

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

``SEC. 523. ESSENTIAL CAPABILITIES.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--Building upon the National Preparedness 
        Goal, the Secretary, acting through the Assistant Secretary for 
        Grants and Planning, shall regularly update, revise, or replace 
        essential capabilities for State, local, and tribal government 
        emergency preparedness, in consultation with the following:
                    ``(A) The National Advisory Council on Emergency 
                Management under section 509.
                    ``(B) Components of the Department, including the 
                Under Secretary for Science and Technology, the Chief 
                Intelligence Officer, the Director for Operations 
                Coordination, the Assistant Secretary for Policy, the 
                Assistant Secretary for Transportation Security, the 
                Assistant Secretary for Infrastructure Protection, the 
                Assistant Secretary for Cybersecurity and 
                Telecommunications, the Commissioner of United States 
                Customs and Border Protection, and the Commandant of 
                the Coast Guard.
                    ``(C) The Secretary of Health and Human Services.
                    ``(D) Other appropriate Federal departments and 
                agencies.
                    ``(E) State, local, and tribal emergency response 
                providers.
                    ``(F) State, local, and tribal emergency support 
                providers.
                    ``(G) State, local, and tribal prevention and 
                emergency management officials, including Adjutants 
                General.
                    ``(H) Consensus-based standardmaking organizations 
                responsible for setting standards relevant to emergency 
                managers, emergency response providers, and emergency 
                support providers.
            ``(2) Deadlines.--The Secretary shall update, revise, or 
        replace the essential capabilities under paragraph (1) not 
        later than 30 days after receiving the report submitted by the 
        National Advisory Council on Emergency Management under section 
        509(d).
            ``(3) Report on provision of essential capabilities.--The 
        Secretary shall ensure that a report containing a detailed 
        description of the essential capabilities is provided promptly 
        to State and tribal governments and to Congress. The States 
        shall make the description of the essential capabilities 
        available as appropriate to local governments within their 
        jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities meet the following objectives:
            ``(1) Essential capabilities shall describe specifically 
        the planning, personnel, equipment, training, and exercises 
        that State, local, or tribal governments should possess or have 
        access to for purposes of the Department's goals for emergency 
        preparedness based on--
                    ``(A) the National Preparedness Goal and supporting 
                directives, policies, and guidelines;
                    ``(B) the most current risk assessment available 
                from the Chief Intelligence Officer of the threats of 
                terrorism against the United States;
                    ``(C) the risks faced by different types of 
                communities, including communities of various sizes, 
                geographies, and other distinguishing characteristics; 
                and
                    ``(D) the principles of regional coordination and 
                mutual aid among State, local, and tribal governments.
            ``(2) Essential capabilities shall be sufficiently flexible 
        so as to allow State, local, and tribal government officials to 
        establish priorities based on local or regional needs while 
        reaching nationally determined emergency preparedness levels 
        within a specified time period.
            ``(3) Essential capabilities shall be designed to enable 
        the measurement of progress toward specific emergency 
        preparedness goals.
    ``(c) Factors to Be Considered.--
            ``(1) In general.--In updating, revising, or replacing 
        essential capabilities for State, local, or tribal governments 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to population (including transient 
        commuting and tourist populations), areas of high population 
        density, critical infrastructure, coastline, and international 
        borders.
            ``(2) Basis for consideration.--Such consideration shall be 
        based upon the most current risk assessment available from the 
        Chief Intelligence Officer and the Assistant Secretary for 
        Infrastructure Protection of the threats of terrorism against 
        the United States and the needs described in the National 
        Preparedness Goal and the directives, policies, and guidelines 
        supporting the National Preparedness Goal.

``SEC. 524. CATASTROPHIC PLANNING.

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

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

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Emergency Management and in coordination with the Under 
Secretary for Science and Technology, shall establish a System 
Assessment and Validation for Emergency Responders Program to provide 
high quality, impartial, and operationally relevant evaluations and 
validations of critical emergency response provider-related equipment 
and systems and provide such evaluations and validations to emergency 
response providers in an operationally useful form.
    ``(b) Requirements.--The program established under subsection (a) 
shall--
            ``(1) provide impartial, practitioner relevant, and 
        operationally oriented assessments and validations of emergency 
        response provider equipment and systems that have not 
        previously third-party certified to a national voluntary census 
        standard adopted by the Department, including--
                    ``(A) commercial, off-the-shelf emergency response 
                provider equipment and systems in all equipment list 
                categories of the Standardized Equipment List published 
                by the Interagency Board for Equipment Standardization 
                and Interoperability; and
                    ``(B) such other equipment or systems as the 
                Secretary determines are appropriate;
            ``(2) provide information that enables decision-makers and 
        emergency response providers to better select, procure, use, 
        and maintain emergency response provider equipment or systems;
            ``(3) assess and validate the performance of products 
        within a system and systems within systems; and
            ``(4) provide information and feedback to emergency 
        response providers through a well-maintained, Internet-
        accessible database.
    ``(c) Assessment and Validation Process.--The assessment and 
validation of emergency response provider equipment and systems shall 
utilize multiple evaluation techniques, including--
            ``(1) operational assessments of equipment performance on 
        vehicle platforms;
            ``(2) technical assessments on a comparative basis of 
        system component performance across makes and models under 
        controlled conditions; and
            ``(3) integrative assessments on an individual basis of 
        system component interoperability and compatibility with other 
        system components.
    ``(d) Coordination.--In assessing and validating personnel 
protective equipment under this section, the Secretary shall, to the 
extent practicable, coordinate with the Director of the National 
Institute for Occupational Safety and Health.

``SEC. 526. NATIONAL HOMELAND SECURITY ACADEMY.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary--
                    ``(A) shall establish the National Homeland 
                Security Academy (referred to in this section as the 
                `Academy') within the Office of Training and Exercises 
                of the Department; and
                    ``(B) may enter into cooperative agreements with 
                other agencies or entities to utilize space and provide 
                for the lease of real property for the Academy or any 
                component of the Academy.
            ``(2) Composition.--The Academy shall consist of--
                    ``(A) the National Homeland Security Education and 
                Strategy Center (referred to in this section as the 
                `Strategy Center') to provide fundamental instruction 
                and develop a homeland security curriculum focusing 
                primarily on the Federal Government's overall strategy, 
                goals, methods, and techniques;
                    ``(B) a communications network capable of 
                delivering distance learning opportunities, at the 
                direction of the Strategy Center;
                    ``(C) the programs of the Office of State and Local 
                Government Coordination and Preparedness' Center for 
                Homeland Defense and Security located at the Naval 
                Postgraduate School, and such programs shall be 
                incorporated into the Academy in a manner to be 
                determined by the Secretary; and
                    ``(D) the National Homeland Security Education 
                Network, which--
                            ``(i) shall be composed of representatives 
                        from all of the academies and training centers 
                        within the jurisdiction of the Department;
                            ``(ii) shall work with the Academy to 
                        develop a standardized homeland security 
                        curriculum to be incorporated, as appropriate, 
                        at each academy and training center to ensure 
                        that the focus of the individual centers is 
                        coordinated with the centralized educational 
                        strategies and goals of the Academy; and
                            ``(iii) shall not affect the respective 
                        missions and goals of the participating 
                        academies and training centers.
            ``(3) Mission.--The mission of the Academy shall be to--
                    ``(A) establish an educational system to--
                            ``(i) cultivate leaders in homeland 
                        security; and
                            ``(ii) ensure that Federal, State, local, 
                        tribal, and private sector officials get the 
                        full range of skills needed to provide robust 
                        homeland security;
                    ``(B) provide strategic education and training to 
                carry out the missions of the Department of Homeland 
                Security;
                    ``(C) provide cross-disciplinary and joint 
                education and training to Federal, State, and local 
                government officials responsible for the direct 
                application and execution of vital homeland security 
                missions; and
                    ``(D) focus primarily on shorter-term classes and 
                exercises to maximize participation by the homeland 
                security community.
            ``(4) Enrollment target.--
                    ``(A) In general.--The Strategy Center shall have 
                an initial annual enrollment target of 1,000 resident 
                students, as described in subsection (b)(3)(A).
                    ``(B) Non-resident students.--The enrollment target 
                under subparagraph (A) does not include non-resident 
                students, including students who participate in 
                electronic learning systems.
            ``(5) Responsibilities.--
                    ``(A) In general.--In addition to providing 
                traditional course work and hands-on training 
                exercises, the Academy shall encourage the development 
                and use of modern technology to ensure that the 
                training offered at the Academy, and to organizations 
                and individuals receiving instruction over electronic 
                learning systems--
                            ``(i) is tailored to the unique needs of 
                        the individuals and groups that need training;
                            ``(ii) efficiently uses such technology; 
                        and
                            ``(iii) translates directly into practical 
                        skills.
                    ``(B) Instructional materials.--The Academy shall 
                develop instructional requirements for courses related 
                to its mission that are supported with materials that 
                are adequately reviewed and continuously updated.
                    ``(C) Certification.--
                            ``(i) In general.--The Academy may 
                        establish certification criteria for students 
                        in areas related to its mission, in 
                        consultation with the Network established under 
                        subsection (e).
                            ``(ii) Recertification.--The criteria 
                        established under clause (i) shall include 
                        requirements for recertification and ensure the 
                        availability of needed assessment tools.
                    ``(D) Information repository.--The Academy shall 
                provide a repository of approved instructional 
                materials, instructional software, and other materials 
                that are easily accessible by participants.
                    ``(E) Communication networks.--The Academy shall 
                certify, and operate, if necessary, a secure, reliable 
                communication system capable of delivering 
                instructional materials to participants at any time and 
                place.
                    ``(F) Instruction and expertise.--The Academy shall 
                certify instructors, experts, counselors, and other 
                individuals who can provide answers and advice to 
                students over communication systems.
            ``(6) Strategy center.--
                    ``(A) Responsibilities.--The Strategy Center 
                shall--
                            ``(i) provide curriculum development and 
                        classroom instruction for resident students 
                        that focus on the strategic goals, methods, and 
                        techniques for homeland security;
                            ``(ii) provide instruction--
                                    ``(I) primarily to Federal 
                                employees described under subsection 
                                (b)(3)(A) with homeland security 
                                responsibilities; and
                                    ``(II) to small numbers of State 
                                and local government officials and 
                                private individuals; and
                            ``(iii) direct the operation of the 
                        Academy's electronic learning systems.
                    ``(B) Curriculum.--The curriculum taught at the 
                Strategy Center shall--
                            ``(i) include basic education about 
                        homeland security, the Department, and the 
                        relationship of the directorates within the 
                        Department;
                            ``(ii) include the relationship between the 
                        Department and other Federal, State, and local 
                        agencies with homeland security 
                        responsibilities; and
                            ``(iii) be developed with assistance from 
                        the National Homeland Security Education 
                        Network.
    ``(b) Administration.--
            ``(1) Executive director.--The Secretary shall appoint an 
        Executive Director for the Academy, who shall--
                    ``(A) administer the operations of the Academy;
                    ``(B) establish an Academic Board, to be headed by 
                the Dean of the Academic Board, appointed under 
                paragraph (2);
                    ``(C) hire initial staff and faculty, as 
                appropriate and necessary;
                    ``(D) contract with practitioners and experts, as 
                appropriate, to supplement academic instruction;
                    ``(E) make recommendations to the Secretary 
                regarding long-term staffing and funding levels for the 
                Academy; and
                    ``(F) report to the Executive Director of the 
                Office of State and Local Government Coordination and 
                Preparedness.
            ``(2) Dean of the academic board.--The Executive Director 
        shall appoint, with the approval of the Secretary, a permanent 
        professor to serve as Dean of the Academic Board and perform 
        such duties as the Executive Director may prescribe.
            ``(3) Director of admissions.--The Executive Director shall 
        appoint, with the approval of the Secretary, a Director of 
        Admissions, who shall--
                    ``(A) grant admission to the Strategy Center to--
                            ``(i) new employees of the Department, who 
                        have clear homeland security responsibilities;
                            ``(ii) mid-level executive employees of the 
                        Department, including employees that receive 
                        academy or other training, who demonstrate a 
                        need for cross-disciplinary or advanced 
                        education and training and have been endorsed 
                        by the appropriate Under Secretary;
                            ``(iii) other Federal employees with 
                        homeland security responsibilities who have 
                        been endorsed by the head of their agency;
                            ``(iv) State and local employees who--
                                    ``(I) demonstrate a clear 
                                responsibility for providing homeland 
                                security; and
                                    ``(II) possess the nomination of 
                                the Governor of their State, or Head of 
                                applicable jurisdiction; and
                            ``(v) private sector applicants who 
                        demonstrate a clear responsibility for 
                        providing homeland security;
                    ``(B) ensure that students from each level of 
                government and the private sector are included in all 
                programs and classes, whenever appropriate; and
                    ``(C) perform such duties as the Executive Director 
                may prescribe.
    ``(c) Board of Visitors.--
            ``(1) Establishment.--Before the Academy admits any 
        students, the Secretary shall establish a Board of Visitors (in 
        this section referred to as the `Board') to--
                    ``(A) assist in the development of curriculum and 
                programs at the Academy; and
                    ``(B) recommend the site for the location of the 
                Strategy Center.
            ``(2) Membership.--
                    ``(A) Composition.--The Board will be composed of--
                            ``(i) the Secretary, or designee, who shall 
                        serve as chair;
                            ``(ii) the Executive Director of the 
                        Academy, or designee, who shall be a nonvoting 
                        member;
                            ``(iii) the Chairman of the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate, or designee;
                            ``(iv) the Ranking Member of the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate, or designee;
                            ``(v) the Chairman of the Committee on 
                        Homeland Security of the House of 
                        Representatives, or designee;
                            ``(vi) the Ranking Member of the Committee 
                        on Homeland Security of the House of 
                        Representatives, or designee;
                            ``(vii) the Secretary of Health and Human 
                        Services, or designee;
                            ``(viii) the Secretary of Defense, or 
                        designee;
                            ``(ix) the Secretary of Education, or 
                        designee;
                            ``(x) the Secretary of Transportation, or 
                        designee;
                            ``(xi) the Director of the Federal Bureau 
                        of Investigation, or designee;
                            ``(xii) 4 persons, who shall be appointed 
                        by the Secretary for 2-year terms to represent 
                        State and local governments; and
                            ``(xiii) 4 persons, who shall be appointed 
                        by the Secretary for 2-year terms to represent 
                        first responders.
                    ``(B) Prohibition.--Any person described under 
                subparagraph (A), whose membership on the Board would 
                create a conflict of interest, shall not serve as a 
                member of the Board.
                    ``(C) Vacancies.--If a member of the Board dies or 
                resigns from office, the official who designated the 
                member shall designate a successor for the unexpired 
                portion of the term.
            ``(3) Duties.--
                    ``(A) Academy visits.--The Board shall visit the 
                Academy not less than annually, and may, with the 
                approval of the Secretary, make other visits to the 
                Academy in connection with the duties of the Board or 
                to consult with the Executive Director of the Academy.
                    ``(B) Inquiries.--The Board shall inquire into the 
                curriculum, instruction, physical equipment, fiscal 
                affairs, academic methods, student body composition, 
                and other matters relating to the Academy that the 
                Board decides to consider.
                    ``(C) Reports.--
                            ``(i) Annual report.--Not later than 60 
                        days after each annual visit, the Board shall 
                        submit a written report to the Secretary, which 
                        describes its action, and of its views and 
                        recommendations pertaining to the Academy.
                            ``(ii) Additional reports.--Any report of a 
                        visit, other than the annual visit, shall, if 
                        approved by a majority of the members of the 
                        Board, be submitted to the Secretary not later 
                        than 60 days after the approval.
            ``(4) Travel expenses.--The members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    ``(d) Reports to Congress.--
            ``(1) Curriculum and attendance.--The Secretary shall 
        submit an annual report that describes the curriculum of, and 
        enrollment at, the Academy to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives.
            ``(2) Feasibility report.--Not later than 1 year after the 
        establishment of the Academy, the Secretary shall submit a 
        report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives that--
                    ``(A) recommends an appropriate combination of 
                students from Federal, State, and local government and 
                the private sector, and the percentage of costs related 
                to the education of each of these student groups that 
                should be reimbursable;
                    ``(B) describes the feasibility of expanding the 
                Academy in regional offices established by the 
                Department or other government or university programs 
                to provide ongoing education and training for Federal 
                employees with homeland security responsibilities; and
                    ``(C) describes the feasibility of providing 
                education for the general public through electronic 
                learning systems.
    ``(e) National Homeland Security Education Network.--
            ``(1) Establishment.--The Executive Director of the Academy 
        shall establish a National Homeland Security Education Network 
        (referred to in this section as the `Network'), as described 
        under subsection (a)(2)(B).
            ``(2) Membership.--The Network shall be comprised of 
        representatives from Federal training and certification 
        organizations, including--
                    ``(A) the National Homeland Security Academy;
                    ``(B) the Office of Domestic Preparedness;
                    ``(C) the National Domestic Preparedness 
                Consortium;
                    ``(D) the Center for Homeland Defense and Security 
                at the Naval Postgraduate School;
                    ``(E) the Federal Law Enforcement Training Center, 
                including all schools or training and education 
                programs managed or co-located with the Center;
                    ``(F) the Customs and Border Protection Academy;
                    ``(G) the Border Patrol Academy;
                    ``(H) the Bureau of Immigration and Customs 
                Enforcement Academy;
                    ``(I) the Secret Service Academy;
                    ``(J) the United States Coast Guard Academy, 
                including all schools within the jurisdiction of the 
                Coast Guard Academy;
                    ``(K) the Emergency Management Institute;
                    ``(L) the Animal and Plant Health Inspection 
                Service Training Program;
                    ``(M) the Federal Air Marshal Training Center;
                    ``(N) the National Fire Academy; and
                    ``(O) other relevant training facilities within the 
                Department.
            ``(3) Curriculum requirements.--The curriculum and course 
        work developed as part of the Network shall be incorporated 
        into the curriculum of the institutions listed under paragraph 
        (2), as appropriate, to ensure that students at these 
        institutions understand how their homeland security 
        responsibilities relate to other homeland security 
        responsibilities in the Department and other Federal, State, 
        and local agencies. The training centers and academies listed 
        under paragraph (2) shall retain their respective missions and 
        goals.
            ``(4) Semi-annual meetings.--The Executive Director and the 
        Dean of the Academic Board shall meet with the Network not less 
        than once every 6 months to--
                    ``(A) discuss curriculum requirements; and
                    ``(B) coordinate training activities within the 
                Network.
            ``(5) Reports.--Not later than 2 years after the date of 
        enactment of this section, and every 2 years thereafter, the 
        Network shall submit a report to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives, 
        which describes the Network's--
                    ``(A) strategy for using advanced instructional 
                technologies;
                    ``(B) plans for future improvement; and
                    ``(C) success in working with other organizations 
                in achieving the goals described under subparagraphs 
                (A) and (B).

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

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

``SEC. 528. PRESCRIPTED MISSION ASSIGNMENTS AND REQUESTS FOR 
              ASSISTANCE.

    ``The Secretary shall develop prescripted mission assignments and 
requests for assistance for assets most likely to be used in responding 
to future emergencies and disasters.

                    ``Subtitle C--Emergency Response

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

    ``(a) In General.--There is in the Directorate of Emergency 
Management a National Incident Management System and National Response 
Plan Integration Center (referred to in this section as the `NIC').
    ``(b) Director.--The NIC shall be headed by a Director, who shall 
be appointed by the Secretary. The Director shall report directly to 
the Deputy Under Secretary for Response and Recovery.
    ``(c) Responsibilities.--The Director, in consultation with the 
Assistant Secretary for Grants and Planning, the Assistant Secretary 
for Training and Exercises, the heads of other appropriate Federal 
departments and agencies, and the National Advisory Council on 
Emergency Management under section 509, shall establish a mechanism for 
ensuring ongoing management and maintenance of the National Incident 
Management System (NIMS), the National Response Plan (NRP), any other 
document or tool in support of Homeland Security Presidential Directive 
5, or any other Homeland Security Presidential Directive related to 
incident management and response. The responsibilities of the Director 
shall include the following:
            ``(1) Revising, as appropriate, the NIMS and the NRP not 
        later than 90 days after the enactment of this section with 
        respect to--
                    ``(A) clarifying the roles and responsibilities of 
                the Principal Federal Official, the Federal 
                Coordinating Officer, the Federal Resource Coordinator, 
                and the Disaster Recovery Manager;
                    ``(B) developing procedures for the timely 
                activation of each such role;
                    ``(C) establishing, in consultation with the 
                Director for Public and Community Preparedness and the 
                Director of the Corporation for National and Community 
                Service, as part of the NRP an emergency support 
                function with respect to volunteers and donations;
                    ``(D) realigning the emergency support functions of 
                the NRP so as to be consistent with the NIMS;
                    ``(E) developing doctrine and procedures relating 
                to the management of acts of terrorism, natural 
                disasters, and other emergencies affecting multiple 
                State;
                    ``(F) improving the utilization of Federal, State, 
                local, and tribal resources, including the deployment 
                of emergency response providers, specialized equipment, 
                and supplies;
                    ``(G) finalizing and releasing the Catastrophic 
                Incident Supplement to the NRP;
                    ``(H) ensuring the effective use of emergency 
                response providers at emergency scenes;
                    ``(I) conforming the NRP and NIMS to the provisions 
                of this Act;
                    ``(J) reviewing other matters pertaining to the 
                NIMS and the NRP as the Secretary may require;
                    ``(K) clarifying, in consultation with the 
                Secretary and the Secretary of Defense, the role of the 
                Department of Defense in catastrophic events under the 
                NRP, including the circumstances in which the 
                Department of Defense should be employed and the 
                objectives and limitations that the Department of 
                Defense should have;
                    ``(L) defining the circumstances under which the 
                Catastrophic Incident Annex and Supplement should be 
                invoked under the NRP for known and no-notice events; 
                and
                    ``(M) designating which agency has the primary 
                responsibility under the NRP for emergency support 
                function 13 (Public Safety and Security) and in which 
                circumstances.
            ``(2) Developing a national program for NIMS and NRP 
        education and awareness, including specific instruction on the 
        purposes of the NIMS and the NRP and responsibilities of the 
        NIC.
            ``(3) Promoting the compatibility between national 
        voluntary consensus standards for the NIMS and the NRP and such 
        standards developed by other public, private, or professional 
        groups.
            ``(4) Facilitating the development and publication of 
        materials and standardized templates to support the 
        implementation and continuous refinement of the NIMS and the 
        NRP.
            ``(5) Developing performance measures and assessment 
        criteria for the various components of the NIMS and the NRP and 
        compliance requirements and compliance timelines for 
        implementation by Federal, State, local, and tribal entities.
            ``(6) Establishing a peer review process for NIMS 
        compliance certifications that verifies the satisfaction of 
        training, planning, exercising, and other activities.
            ``(7) Defining, in consultation with the Assistant 
        Secretary for Training and Exercises, the general training 
        requirements and the national training standards and course 
        curricula associated with the NIMS and the NRP.
            ``(8) Facilitating the development of national voluntary 
        consensus standards, guidelines, and protocols for incident 
        management training and exercises, including consideration of 
        existing exercise and training programs at all levels of 
        government.
            ``(9) Facilitating the establishment and maintenance of a 
        publication management system for documents supporting the NIMS 
        and the NRP and other related publications and materials 
        related to the NIMS and the NRP, including the development or 
        coordination of general publications.
            ``(10) Reviewing and certifying, in coordination with 
        accrediting organizations and in consultation with Federal, 
        State, local, tribal, private-sector, and nongovernmental 
        entities, the discipline-specific publication management 
        requirements submitted by professional organizations and 
        associations.
            ``(11) Facilitating the development and publication of 
        national voluntary consensus standards, guidelines, and 
        protocols for the qualification and certification of emergency 
        managers, emergency response providers, and emergency support 
        providers, as appropriate.
            ``(12) Reviewing and approving, in coordination with 
        appropriate national professional organizations and with input 
        from Federal, State, local, tribal, private-sector, and other 
        nongovernmental entities, the discipline-specific qualification 
        and certification requirements submitted by organizations and 
        associations representing emergency managers, emergency 
        response providers, and emergency support providers.
            ``(13) Facilitating the establishment and maintenance of a 
        documentation and database system related to qualification, 
        certification, and credentialing of emergency managers, 
        emergency response providers, and emergency support providers 
        and nongovernmental organizations, including reviewing and 
        approving, in coordination with appropriate national 
        professional organizations and with input from the Federal, 
        State, local, tribal, private-sector and nongovernmental 
        entities, of the discipline-specific requirements.
            ``(14) Establishing a data maintenance system to provide 
        emergency managers with the detailed qualification, experience, 
        and training information needed to credential personnel for 
        prescribed national emergency management positions.
            ``(15) Coordinating minimum professional certification 
        standards and facilitation of the design and implementation of 
        a credentialing system that can be used nationwide.
            ``(16) Facilitating the development and issuance of 
        national standards for the typing of resources.
            ``(17) Facilitating the definition and maintenance of the 
        information framework required to guide the development of NIMS 
        information systems, including the development of data 
        standards for--
                    ``(A) incident notification and situation reports;
                    ``(B) status reporting;
                    ``(C) analytical data;
                    ``(D) geospatial information;
                    ``(E) wireless communications;
                    ``(F) identification and authentication; and
                    ``(G) incident reports, including lessons learned 
                reports.
            ``(18) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Operational Plans.--
            ``(1) Development.--The head of each primary department and 
        agency for each emergency support function under the NRP shall 
        develop detailed operational plans describing--
                    ``(A) how the department or agency will become 
                operational during an incident of national 
                significance; and
                    ``(B) how the department or agency will coordinate 
                with other annexes and emergency support functions.
            ``(2) Standards.--Operational plans developed under 
        paragraph (1) should conform to the NIMS and be consistent with 
        the emergency support function structure.
            ``(3) Reports to congress.--Not later than one year after 
        the date of the Director's realignment of emergency support 
        functions pursuant to subsection (c)(1)(D), the head of each 
        primary department and agency shall submit to Congress a report 
        containing an operational plan developed under this subsection, 
        together with a certification that the response structures of 
        the department or agency are aligned with the NIMS and the NRP.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2007 through 2010.

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

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

``SEC. 543. NUCLEAR INCIDENT RESPONSE.

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

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

    ``(a) National Urban Search and Rescue Response System.--There is 
in the Directorate of Emergency Management an emergency response system 
known as the National Urban Search and Rescue Response System that 
provides a national network of standardized search and rescue resources 
to assist State, local, and tribal governments in responding to acts of 
terrorism, natural disasters, and other emergencies.
    ``(b) Administration of the System.--
            ``(1) Task force participation.--The Under Secretary for 
        Emergency Management shall select eligible urban search and 
        rescue teams that are sponsored by State and local government 
        entities to participate as task forces in the System. The Under 
        Secretary shall determine the criteria for such participation.
            ``(2) Agreements with sponsoring agencies.--The Under 
        Secretary shall enter into an agreement with the State or local 
        government entity that sponsors each search and rescue team 
        selected under paragraph (1) with respect the team's 
        participation as a task force in the System.
            ``(3) Urban search and rescue team personnel.--Personnel of 
        an urban search and rescue team that participates as a task 
        force under this section may be--
                    ``(A) personnel of the State or local government 
                sponsor; or
                    ``(B) personnel of any other Federal, State, or 
                local government entity that enters into a 
                participation agency agreement with the State or local 
                government sponsor of the team.
            ``(4) Management and technical teams.--The Under Secretary 
        shall maintain such management and other technical teams as are 
        necessary to administer the System.
    ``(c) Advisory Committee.--
            ``(1) In general.--The Under Secretary shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Under Secretary with respect to 
        administering the System.
            ``(2) Composition.--The advisory committee shall be 
        geographically diverse, and shall include, at a minimum--
                    ``(A) the chief officer or senior executive from 
                each of at least three State or local governments that 
                sponsor urban search and rescue teams selected to 
                participate in the System as task forces;
                    ``(B) the senior emergency manager from each of at 
                least two States in which such local governments are 
                located; and
                    ``(C) at least one representative selected by the 
                leaders of the task forces.
            ``(3) Termination.--The advisory committee shall terminate 
        on the date that is two years after the date of the enactment 
        of the Foundations for Emergency Management Act.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $40,000,000 for each of fiscal years 2007 through 
        2009; and
            ``(2) such sums as may be necessary for each fiscal year 
        after fiscal year 2009.

``SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    ``(a) In General.--There is in the Department a Metropolitan 
Medical Response System. Under the System, the Assistant Secretary for 
Grants and Planning shall administer grants to develop, maintain, and 
enhance medical preparedness systems that are capable of responding 
effectively during the initial hours of a public health crisis or mass-
casualty event caused by an act of terrorism, natural disaster, or 
other emergency.
    ``(b) Use of Funds.--The Metropolitan Medical Response System shall 
make grants to local governments to enhance any of the following 
activities:
            ``(1) Medical surge capacity.
            ``(2) Mass prophylaxis.
            ``(3) Chemical, biological, radiological, nuclear, and 
        explosive detection, response, and decontamination 
        capabilities.
            ``(4) Emergency communications capabilities.
            ``(5) Information sharing and collaboration capabilities.
            ``(6) Regional collaboration.
            ``(7) Triage and pre-hospital treatment.
            ``(8) Medical supply management and distribution.
            ``(9) Fatality management.
            ``(10) Such other activities as the Secretary may provide.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $60,000,000 for 
each of fiscal years 2007 through 2010.

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

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

                 ``Subtitle D--Emergency Communications

``SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS.

    ``(a) In General.--There is in the Department an Office of 
Emergency Communications, which shall be under the authority of the 
Under Secretary for Emergency Management.
    ``(b) Assistant Secretary.--The head of the office shall be the 
Assistant Secretary for Emergency Communications.
    ``(c) Responsibilities.--The Assistant Secretary for Emergency 
Communications shall--
            ``(1) assist the Secretary in developing and implementing 
        the program described in section 7303(a)(1) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(a)(1)), except as provided in section 5 of the Foundations 
        for Emergency Management Act;
            ``(2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program;
            ``(3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
            ``(4) coordinate, as appropriate, with the Assistant 
        Secretary for Cybersecurity and Telecommunications, regarding 
        the administration of the National Communications System;
            ``(5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies;
            ``(6) provide technical assistance to State, regional, 
        local, and tribal officials with respect to use of 
        interoperable emergency communications capabilities;
            ``(7) facilitate the creation of Regional Emergency 
        Communications Coordination Working Groups under section 565;
            ``(8) promote the development of standard operating 
        procedures with respect to use of interoperable emergency 
        communications capabilities for incident response and 
        facilitate the sharing of information on best practices 
        (including from governments abroad) for achieving, maintaining, 
        and enhancing interoperable emergency communications 
        capabilities for such response;
            ``(9) coordinate the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of backup communications 
        services in the event of a catastrophic loss of local and 
        regional emergency communications services;
            ``(10) assist the President, the National Security Council, 
        the Homeland Security Council, the Director of the Office of 
        Science and Technology Policy, and the Director of the Office 
        of Management and Budget in ensuring the operability of the 
        telecommunications functions and responsibilities of the 
        Federal Government;
            ``(11) establish requirements for total and nonproprietary 
        interoperable emergency communications capabilities for all 
        public safety radio and data communications systems and 
        equipment;
            ``(12) help to establish an integrated national public 
        alert and warning system that incorporates legacy systems; and
            ``(13) review, in consultation with Assistant Secretary for 
        Grants and Planning, all interoperable emergency communications 
        plans of Federal, State, local, and tribal governments, 
        including Statewide and tactical interoperability plans.
    ``(d) Performance of Previously Transferred Functions.--There is 
transferred to the Secretary the authority to administer, through the 
Assistant Secretary for Emergency Communications, the following:
            ``(1) The SAFECOM Program.
            ``(2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
            ``(3) The Interoperable Communications Technical Assistance 
        Program.
    ``(e) Coordination.--The Assistant Secretary shall coordinate, as 
appropriate, with the Director of the Office for Interoperability and 
Compatibility the responsibilities described in section 104 of the 
Foundations for Emergency Management Act.
    ``(f) Sufficiency of Resources Plan.--
            ``(1) Report.--Not later than days 60 days after the 
        enactment of this section, the Secretary shall submit to 
        Congress a report on the resources and staff necessary to carry 
        out the responsibilities under this subtitle.
            ``(2) Comptroller general review.--The Comptroller General 
        shall review the validity of the report submitted by the 
        Secretary under paragraph (1).   Not later than 30 days after 
        the date on which such report is submitted, the Comptroller 
        General shall submit to Congress a report containing the 
        findings of such review.

``SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.

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

``SEC. 563. ASSESSMENTS AND REPORTS.

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

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

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

``SEC. 565. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

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

``SEC. 566. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

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

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

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

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

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

                        ``Subtitle E--Logistics

``SEC. 580. CHIEF LOGISTICS OFFICER.

    ``(a) Appointment.--There is in the Department a Chief Logistics 
Officer, who shall be appointed by the Secretary. The Chief Logistics 
Officer shall oversee all logistics operations of the Department across 
multiple support functions.
    ``(b) Supply Chain Management System.--The Chief Logistics Officer 
shall be responsible for developing and maintaining an integrated 
supply chain management system. The supply chain management system 
shall be structured to be compatible with the National Incident 
Management System.
    ``(c) Responsibilities.--The Chief Logistics Officer shall --
            ``(1) guide and assist Federal, State, and local entities 
        that manage emergency response assets and commodities to enable 
        the entities to procure and deliver supplies for emergency 
        operations; and
            ``(2) provide for the development of logistics technology 
        and software solutions to allow emergency managers to view all 
        assets in the supply chain and to be able to access those 
        assets.
    ``(d) Regional Logistics Officers.--Each regional office of the 
Department shall have a logistics officer, who shall be appointed by 
the Secretary.

``SEC. 581. PREPOSITIONED EQUIPMENT PROGRAM.

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

``SEC. 582. 21ST CENTURY LOGISTICS SYSTEM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Emergency Management, shall, in consultation with the 
private sector and the heads of other appropriate Federal departments 
and agencies, develop a 21st century logistics system that includes 
real-time tracking of assets. The system shall be efficient, 
transparent, and flexible for procurement and delivery of goods and 
services necessary for an effective and timely response to major 
disasters and other emergencies.
    ``(b) System Development.--The Secretary shall ensure that the 
logistics system is developed through the use of in-house, private 
sector, and other Federal agency logistics capabilities (or a 
combination thereof).
    ``(c) Inventory.--In accordance with the requirements of section 
611(h)(1)(C) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196(h)(1)(C)), the 21st century logistics 
system shall include an inventory of Federal response capabilities and 
corresponding assets and resources. Such inventory shall include--
            ``(1) the performance parameters of each capability;
            ``(2) the timeframe within which each capability can be 
        available for deployment to an incident;
            ``(3) the readiness of each capability to respond to 
        domestic incidents; and
            ``(4) the availability of such capability.
    ``(d) Military Capabilities.--The Secretary of Defense shall 
provide to the Secretary a description of the functions and 
capabilities of any entity of the Department of Defense that may be 
used to provide support to civil authorities in responding to acts of 
terrorism, natural disasters, or other emergencies.
    ``(e) Database.--The Secretary, acting through the Under Secretary 
for Emergency Management, shall establish an inventory database to 
allow--
            ``(1) real-time exchange of information regarding 
        capabilities, assets, and resources, readiness, or the 
        compatibility of equipment;
            ``(2) easy identification and rapid deployment during an 
        incident; and
            ``(3) the sharing of inventories across jurisdictions.
    ``(f) Force Packages.--The Secretary, acting though the Under 
Secretary for Emergency Management, shall certify on an annual basis 
that Federal departments and agencies with primary or supporting agency 
responsibilities under an emergency support function of the National 
Response Plan have developed and maintained force packages of rapidly 
deployable Federal capabilities.
    ``(g) Logistics Support Centers.--The Secretary, acting through the 
Under Secretary and in coordination with other Federal departments and 
agencies and State, local, and tribal governments, shall identify 
physical locations in selected geographic areas that could be used as 
logistics support centers for receiving, staging, and integrating 
Federal capabilities in the event of acts of terrorism, natural 
disasters, and other emergencies.
    ``(h) Coordination.--In carrying out the activities of the program 
under this section, the Under Secretary shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.

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

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

``SEC. 584. PRE-NEGOTIATED CONTRACTS FOR DELIVERY OF GOODS AND SERVICES 
              AFTER EMERGENCIES.

    ``(a) In General.--The Undersecretary for Emergency Management, in 
accordance with the process for coordinated, pre-negotiated contracts 
established pursuant to section 504(e)(7)(E), shall have, and may 
delegate to any Regional Director for Emergency Management, the 
authority to enter into contracts for the delivery of necessary goods 
or services relating to the response to or recovery from acts of 
terrorism, natural disasters, or other emergencies affecting the 
geographical area served by the Regional Office of that Regional 
Director.
    ``(b) Necessary Goods and Services.--The necessary goods and 
services referred to in subsection (a) include the following:
            ``(1) Debris removal and other disaster clean-up needs.
            ``(2) The provision of food, water, ice, and first aid 
        supplies.
            ``(3) Meals-ready-to-eat.
            ``(4) The provision of such other goods and services as 
        determined appropriate by the each Regional Director in 
        coordination with the applicable Regional Advisory Council on 
        Emergency Management.
    ``(c) Preference for Contracts With Small Businesses.--To the 
greatest extent practicable, in entering into a contract under 
subsection (a), the Under Secretary, or the relevant delegated Regional 
Director for Emergency Management, shall give a preference to a small 
business entity, as that term is defined in section 583.
    ``(d) Competitive Procedures.--In entering into a contract under 
this section, the Under Secretary, or the relevant delegated Regional 
Director for Emergency Management, shall use competitive procedures, to 
the maximum extent practicable, except as otherwise provided by law.
    ``(e) Consultation With Other Federal Departments and Agencies.--
The Under Secretary, or the relevant delegated Regional Director for 
Emergency Management, shall consult with the head of a Federal 
department or agency with respect to any contract entered into by the 
head of such department or agency using funds made available for 
preparedness, mitigation, response, and recovery with respect to acts 
of terrorism, natural disasters, and other emergencies.
    ``(f) Relationship to Federal Assistance.--In the case of a 
contract that has been negotiated by the relevant Regional Director for 
Emergency Management acting under authority delegated by the Under 
Secretary, the existence of a contract entered into under this section 
shall not prevent a State, local, or tribal government from receiving 
or using Federal assistance for the provision of necessary goods and 
services relating to response or recovery.

       ``Subtitle F--Infrastructure Protection and Cybersecurity

``SEC. 591. OFFICE OF INFRASTRUCTURE PROTECTION.

    ``(a) In General.--There is in the Department an Office of 
Infrastructure Protection under the authority of the Under Secretary 
for Emergency Management.
    ``(b) Assistant Secretary for Infrastructure Protection.--The head 
of the Office shall be the Assistant Secretary for Infrastructure 
Protection. The Assistant Secretary shall report directly to the Under 
Secretary for Emergency Management.
    ``(c) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding infrastructure protection. Such responsibilities shall 
include the following:
            ``(1) To identify and carry out comprehensive risk 
        assessments of key resources and critical infrastructure of the 
        United States, to determine the risks posed by particular types 
        of terrorist attacks within the United States (including an 
        assessment of the probability of success of such attacks and 
        the feasibility and potential efficacy of various 
        countermeasures to such attacks).
            ``(2) To develop and maintain a comprehensive national plan 
        for securing the key resources and critical infrastructure of 
        the United States, in accordance with Homeland Security 
        Presidential Directive 7.
            ``(3) To recommend measures necessary to protect the key 
        resources and critical infrastructure of the United States in 
        coordination with other Federal Departments and agencies and in 
        consultation with State, local, and tribal government agencies 
        and authorities, and the private sector.
            ``(4) To assess the preparedness capabilities of critical 
        infrastructure to mitigate against, respond to, and recover 
        from acts of terrorism and other catastrophic emergencies, 
        including natural disasters.
            ``(5) To coordinate and implement, as appropriate, 
        preparedness efforts to ensure that critical infrastructure and 
        key resources efforts are fully integrated and coordinated with 
        the response and recovery activities of the Department.
            ``(6) To establish and maintain partnerships and 
        information sharing processes with Federal, State, local, and 
        tribal governments, the private sector, and international 
        governments and organizations to enhance coordination of 
        critical infrastructure and key resource efforts.
            ``(7) To coordinate with the Under Secretary for 
        Intelligence and Analysis and elements of the intelligence 
        community and with Federal, State, local, and tribal law 
        enforcement agencies, and the private sector, as appropriate.
            ``(8) To provide the Secretary with an annual summary of 
        national critical infrastructure protection efforts and 
        priorities and to provide, in consultation with the Assistant 
        Secretary for Grants and Planning, recommendations for Federal 
        critical infrastructure protection funding.
            ``(9) In carrying out responsibilities under paragraphs (1) 
        and (2), to consult with other Federal, State, local, and 
        tribal government agencies and authorities as appropriate.
            ``(10) To perform other such duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Integration Center.--
            ``(1) In general.--There is an Integration Center in the 
        Office of Infrastructure Protection, which shall be staffed by 
        the Office of Infrastructure Protection, the Office of 
        Cybersecurity and Telecommunications, and the Office of 
        Intelligence and Analysis.
            ``(2) Responsibilities.--The Integration Center shall--
                    ``(A) be responsible for the integration of 
                relevant threat, consequence, and vulnerability 
                information, analysis, and assessments (whether such 
                information, analysis, or assessments are provided or 
                produced by the Department or others) in order to 
                identify priorities for protective and support measures 
                by the Department, other Federal departments and 
                agencies, State, local, and tribal government agencies 
                and authorities, the private sector, and other 
                entities; and
                    ``(B) develop and disseminate analytical products 
                that combine homeland security information with 
                critical infrastructure and key resource vulnerability 
                and consequence information.
            ``(3) Critical infrastructure information.--The Secretary 
        shall ensure that the Department makes full and efficient use 
        of open-source information to analyze United States critical 
        infrastructure from the perspective of terrorists using 
        publicly available information.
    ``(e) Staff.--
            ``(1) In general.--The Secretary shall ensure that the 
        Office has staff that possess appropriate expertise and 
        experience to assist the Assistant Secretary in discharging 
        responsibilities under this section.
            ``(2) Private sector staff.--Staff under this subsection 
        may include individuals from the private sector.
            ``(3) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(f) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal departments and agencies may be detailed to the 
        Department for the performance of analytic functions and 
        related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(g) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any applicable 
provision of an annual Homeland Security Appropriations Act relating to 
the reprogramming or transfer of funds.

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

    ``(a) In General.--There is in the Department an Office of 
Cybersecurity and Telecommunications under the authority of the Under 
Secretary for Emergency Management.
    ``(b) Assistant Secretary for Cybersecurity and 
Telecommunications.--The head of the Office shall be the Assistant 
Secretary for Cybersecurity and Telecommunications. The Assistant 
Secretary shall report directly to the Under Secretary for Emergency 
Management.
    ``(c) Responsibilities of Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding cybersecurity and telecommunications.   Such responsibilities 
shall include the following:
            ``(1) To establish and manage--
                    ``(A) a national cybersecurity response system that 
                includes the ability to--
                            ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure identified under Homeland 
                        Security Presidential Directive 7; and
                            ``(ii) aid in the detection and warning of   
                        potential vulnerability or attack that could 
                        cause widespread disruption, and in the 
                        restoration of, cybersecurity infrastructure in 
                        the aftermath of such attacks;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program that facilitates and 
                coordinates with businesses and organizations to 
                conduct risk assessments on information technology and 
                deal with vulnerabilities that would have a national 
                effect on critical infrastructure and that coordinates 
                the mitigation of such vulnerabilities;
                    ``(C) a continuity of operations program to plan 
                and allocate resources for the continuation of critical 
                information operations in the event of a large scale 
                disruption of the information infrastructure and to 
                coordinate a response;
                    ``(D) a reconstitution program to ensure that 
                priorities, procedures, and resources are in place to 
                reconstitute information infrastructures in the 
                government and private sector that are critical to the 
                orderly functioning of the economy, health of the 
                population, and national security;
                    ``(E) a resiliency program that will support basic 
                and fundamental research to improve the reliability of 
                network protocols as well as provide for reasonable 
                security controls and that will  work with the private 
                sector to improve the security of key network protocols 
                and develop more secure, reliable successors;
                    ``(F) a national public-private cybersecurity 
                awareness, training, and education program that 
                promotes Internet security awareness among all enduser 
                groups, including the education community, students, 
                businesses, and government entities, and helps 
                coordinate cybersecurity awareness initiatives;
                    ``(G) a Government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                    ``(H) a national security and international 
                cybersecurity cooperation program to help foster 
                Federal efforts to enhance international cybersecurity 
                awareness and cooperation.
            ``(2) To coordinate and to leverage existing efforts within 
        the private sector on the program under paragraph (1) as 
        appropriate and to promote cybersecurity information sharing, 
        vulnerability assessment, and threat warning regarding critical 
        infrastructure.
            ``(3) To coordinate with other directorates and offices 
        within the Department and with other Federal agencies, as 
        appropriate, on the cybersecurity aspects of their missions.
            ``(4) To carry out, in coordination with the Assistant 
        Secretary for Emergency Communications, as appropriate, the 
        duties of the National Communications System.
            ``(5) To coordinate with the Under Secretary to ensure that 
        the National Response Plan developed includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
            ``(6) To develop processes for information sharing with the 
        private sector, consistent with section 214, that--
                    ``(A) promote voluntary cybersecurity best 
                practices, standards, and benchmarks that are 
                responsive to rapid technology changes and to the 
                security needs of critical infrastructure; and
                    ``(B) consider roles of Federal, State, local, and 
                foreign governments, appropriate standards bodies, and 
                the private sector, including the insurance industry 
                and auditors.
            ``(7) To coordinate with the Chief Information Officer of 
        the Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
            ``(8) To consult with the Electronic Crimes Task Force of 
        the United States Secret Service on private sector outreach and 
        information activities.
            ``(9) To consult with the Office for Training and Exercises 
        to ensure that realistic cybersecurity scenarios are 
        incorporated into training exercises, including tabletop and 
        recovery exercises.
            ``(10) To consult and coordinate with the Assistant 
        Secretary for Infrastructure Protection, the Under Secretary 
        for Science and Technology, and, where appropriate, with other 
        relevant Federal departments and agencies, on the security of 
        digital control systems, such as Supervisory Control and Data 
        Acquisition systems.
            ``(11) To consult and coordinate with the Under Secretary 
        for Science and Technology on cybersecurity research and 
        development requirements.
    ``(d) Annual Report.--The Secretary shall submit to Congress an 
annual report on the programs under this section and the specific 
funding requirements of each priority and objective of the Secretary 
with respect to such programs.   For each priority or objective the 
Secretary shall describe how the private sector is involved in each 
such program.
    ``(e) Deadline for Nomination.--Not later than 90 days after the 
date of the enactment of this section, the President shall nominate an 
individual to serve as the Assistant Secretary for Cybersecurity and 
Telecommunications.
    ``(f) Staff.--
            ``(1) In general.--The Secretary shall provide the Office 
        with staff having appropriate expertise and experience to 
        assist the Assistant Secretary in discharging responsibilities 
        under this section.
            ``(2) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(g) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal departments and agencies may be detailed to the 
        Department for the performance of analytic functions and 
        related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(h) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any applicable 
provision of an annual Homeland Security Appropriations Act relating to 
the reprogramming or transfer of funds.''.
    (b) Clerical Amendments.--The items relating to title V in the 
table of contents in section 1(b) of the Homeland Security Act of 2002 
are amended to read as follows:

                    ``TITLE V--EMERGENCY MANAGEMENT

           ``Subtitle A--Directorate of Emergency Management

``Sec. 501. Directorate of Emergency Management.
``Sec. 502. Responsibilities of the Under Secretary.
``Sec. 503. Principal advisor on emergency management.
``Sec. 504. Regional offices.
``Sec. 505. Chief Medical Officer.
``Sec. 506. National Biosurveillance Integration System.
``Sec. 507. Office of State, Local, and Tribal Government Coordination.
``Sec. 508. National Operations Center.
``Sec. 509. Office of National Capital Region Coordination.
``Sec. 510. National Advisory Council on Emergency Management.
``Sec. 511. Reorganization of Directorate.
                  ``Subtitle B--Emergency Preparedness

``Sec. 521. Office of Grants and Planning.
``Sec. 522. Office of Training and Exercises.
``Sec. 523. Essential capabilities.
``Sec. 524. Catastrophic planning.
``Sec. 525. System assessment and validation for emergency responders 
                            program.
``Sec. 526. National Homeland Security Academy.
``Sec. 527. Office of Public and Community Preparedness.
``Sec. 528. Prescripted mission assignments and requests for 
                            assistance.
                    ``Subtitle C--Emergency Response

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

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

``Sec. 580. Chief Logistics Officer.
``Sec. 581. Prepositioned equipment program.
``Sec. 582. 21st century logistics system.
``Sec. 583. Small business database for Federal contracting related to 
                            major disasters and emergency assistance 
                            activities.
``Sec. 584. Pre-negotiated contracts for delivery of goods and services 
                            after emergencies.
       ``Subtitle F--Infrastructure Protection and Cybersecurity

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

SEC. 102. DISASTER RESPONSE GROUP.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Chairman of the Homeland Security Council 
shall establish within the Council a Disaster Response Group (referred 
to in this section as the ``DRG'').
    (b) Responsibilities.--
            (1) In general.--The DRG shall be responsible for resolving 
        interagency conflicts arising during incidents of national 
        significance and any related strategic policy planning and 
        interagency coordination activities.
            (2) Conflict resolution.--Decisions of the DRG relating to 
        interagency conflicts shall be implemented through the Director 
        of the National Operations Center of the Department of Homeland 
        Security. In the event a conflict cannot be resolved, the DRG 
        shall develop recommendations for deputies and principals.
    (c) Membership.--The Chairman shall determine and appoint the 
members of the DRG. The structure of the DRG shall be similar to the 
structure of Counterterrorism Security Group. The Chairman shall 
consult with members of the Counterterrorism Security Group in the 
establishment of the DRG.
    (d) Meetings.--The DRG shall conduct meetings on a regular basis, 
but more frequently during times of crisis.

SEC. 103. STREAMLINED DEPUTATION OF QUALIFIED FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    The Attorney General shall develop procedures for the streamlined 
deputation of qualified Federal law enforcement officers to assist in 
areas affected by an emergency, major disaster, or catastrophic 
incident. The Attorney General should consult with the appropriate 
State officials to develop agreements under which a State requesting 
Federal law enforcement assistance agrees in advance to grant limited 
State law enforcement authority to Federal agents for the duration of 
the emergency, major disaster, or catastrophic incident.

SEC. 104. INTERNATIONAL ASSISTANCE FOR DOMESTIC CATASTROPHIC INCIDENTS.

    (a) Procedures for Review of Offers of International Assistance.--
The Secretary of Homeland Security, acting jointly with the Secretary 
of State and in consultation with the heads of other appropriate 
Federal agencies, shall develop procedures for reviewing, accepting, or 
rejecting offers of international assistance for domestic catastrophic 
incidents.
    (b) Contents.--Procedures developed under subsection (a) shall 
include--
            (1) an appropriate mechanism, to be administered by the 
        Secretary of Homeland Security and supported by the Secretary 
        of State and the Secretary of Treasury, to receive, disburse, 
        and audit any cash assistance received in support of victim 
        needs;
            (2) a coordination process among Federal agencies and non-
        governmental partners to solicit, accept, receive, integrate, 
        and distribute foreign assistance;
            (3) an expedited review process for international aid that 
        addresses both critical needs and legitimate foreign policy 
        objectives;
            (4) a process to provide for the inclusion of a 
        representative of the United States Agency for International 
        Development (referred to in this section as ``USAID'') in the 
        Joint Field Office;
            (5) a process to provide for the inclusion of--
                    (A) a representative from USAID, including the 
                Office of U.S. Foreign Disaster Assistance (referred to 
                in this section as ``OFDA'') on the State Department 
                Task Force, and a representative of the Department of 
                State on USAID/OFDA's Response Management Team, to 
                improve interagency coordination; and
                    (B) a representative of the Department of Homeland 
                Security on the State Department Task Force and USAID/
                OFDA's Response Management Team to provide more 
                efficient information sharing about assistance needs on 
                the ground.

SEC. 105. GULF COAST LONG-TERM RECOVERY OFFICE.

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

SEC. 106. NATIONAL DISASTER MEDICAL SYSTEM.

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

SEC. 107. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

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

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

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

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

SEC. 108. INTELLIGENCE ANALYSTS.

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

SEC. 109. REDESIGNATION OF DIRECTORATE FOR INFORMATION ANALYSIS AND 
              INFRASTRUCTURE PROTECTION.

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

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

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

``Sec. 201. Office of Intelligence and Analysis.''.
                    (C) The heading for subsection (a) of section 201 
                of such Act (6 U.S.C. 121) is amended to read as 
                follows: ``Under Secretary of Homeland Security for 
                Intelligence and Analysis.--''.
                    (D) The heading for subsection (b) of section 201 
                of such Act (6 U.S.C. 121), as redesignated by 
                subsection (a)(2) of this section, is amended to read 
                as follows: ``Discharge of Intelligence and Analysis.--
                ''.
            (3) Section 507.--Section 507(b) of the Homeland Security 
        Act of 2002 (6 U.S.C. 317(b)) is repealed.
            (4) National security act of 1947.--Section 106(b)(2)(I) of 
        the National Security Act of 1947 (50 U.S.C. 403-6(b)(2)(I)) is 
        amended to read as follows:
            ``(I) the Under Secretary of Homeland Security for 
        Intelligence and Analysis.''.
            (5) Intelligence reform and terrorism prevention act of 
        2004.--Section 7306(a)(1) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
        3848) is amended by striking ``Under Secretary for Information 
        Analysis and Infrastructure Protection'' and inserting ``Under 
        Secretary for Intelligence and Analysis''.

SEC. 110. NATIONAL ACADEMY OF PUBLIC ADMINISTRATION STUDY ON 
              IMPLEMENTATION OF ORGANIZATIONAL REFORMS.

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

SEC. 111. GAO REPORTS ON AN INVENTORY AND STATUS OF HOMELAND SECURITY 
              TRAINING.

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

SEC. 112. GRANTS FOR TRAINING AND EXERCISES TO ASSIST PUBLIC ELEMENTARY 
              AND SECONDARY SCHOOLS.

    (a) In General.--Financial assistance provided by the Secretary of 
Homeland Security to a State, local, or tribal government under a 
program described in subsection (b) may be used by the State, local, or 
tribal government to provide training or exercises to assist public 
elementary and secondary schools in developing and implementing 
programs to instruct students with respect to age-appropriate skills to 
prevent, prepare for, respond to, mitigate against, or recover from 
acts of terrorism, natural disasters, and other emergencies.
    (b) Programs Described.--The programs referred to in subsection (a) 
are the following:
            (1) The State Homeland Security Grant program.
            (2) The Urban Area Security Initiative.
            (3) The Law Enforcement Terrorism Prevention Program.

SEC. 113. SENSE OF CONGRESS ON THE PROJECT 25 CONFORMITY ASSESSMENT 
              PROJECT.

    It is the sense of Congress that in carrying out the 
responsibilities and authorities of the Department of Homeland Security 
relating to the SAFECOM Program, the Assistant Secretary of Homeland 
Security for Emergency Communications should work with the National 
Institute of Standards and Technology for the purpose of implementing, 
as soon as possible, the Project 25 Compliance Assessment Program.

SEC. 114. NATIONAL PANDEMIC INFLUENZA EXERCISE.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Assistant Secretary of Homeland Security for Training and 
Exercises, in coordination with the Chief Medical Officer of the 
Department of Homeland Security, and in cooperation with the Secretary 
of Health and Human Services, the Secretary of Defense, the Secretary 
of Agriculture, and the heads of all other Federal, State, and local 
government agencies responsible for pandemic influenza preparedness and 
response shall conduct a full-scale, national exercise to test the 
effectiveness and implementation of the National Strategy for Pandemic 
Influenza.
    (b) Scenarios.--In carrying out the national exercise under 
subsection (a), the Secretary of Homeland Security shall use the 
following scenarios:
            (1) The introduction of highly pathogenic H5N1 influenza 
        into the domestic poultry supply by transmission from migratory 
        wild birds. The same transmission and mortality/morbidity 
        characteristics as the strain existing as of May 2006 shall be 
        assumed. No human-to-human transmission may be assumed, but 
        bird-to-human transmission shall be assumed possible with the 
        same level of probability as the existing strain.
            (2) The introduction of a strain of virus mutated from H5N1 
        that is transmissible from human to human with the same 
        efficiency as seasonal influenza and the morbidity/mortality 
        characteristics of the 1918 outbreak of influenza commonly 
        referred to as the Spanish flu.
    (c) Nature of Exercise.--The national exercise under subsection (a) 
shall be as realistic as possible, as provided in subsection (e), and 
may not be conducted as a table-top exercise.
    (d) Participation.--The national exercise under subsection (a) 
shall involve all 50 States, and all counties and cities within the 
States.
    (e) Planning Assumptions.--In carrying out the national exercise 
under subsection (a), the Secretary shall make the following 
assumptions:
            (1) Only medical supplies that are available or could be 
        manufactured at the time of the exercise may be used. The 
        Secretary may not assume that the Federal Government possesses 
        more vaccine, medicine, or medical supplies than is held in the 
        stockpile under section 319F-2 of the Public Health Service Act 
        at such time, and may not assume that the Federal Government 
        can make more vaccine, medicine, or medical supplies than the 
        production capacity that exists as of such time.
            (2) Medical facilities may only provide the amount of 
        space, personnel, and medical supplies identified at the time 
        the exercise is conducted, but the Secretary may use facilities 
        other than medical facilities for medical purposes.

SEC. 115. PUBLIC-PRIVATE SECTOR PLANNING AND RESPONSE PILOT PROGRAM.

    (a) In General.--Under Secretary of Homeland Security for Emergency 
Management shall direct the Regional Director for Emergency Management 
for a region having significant risk of both terrorism and catastrophic 
national disaster to establish a public-private sector planning and 
response pilot program, under which the Regional Director shall 
designate emergency managers and private sector individuals to identify 
for the region a network of critical resources and key individuals in 
accordance with subsection (b).
    (b) Network Features.--The network shall consist of--
            (1) critical resources that can be activated immediately 
        for emergency response in the region, including preparation of 
        a specific list of items, their locations, and logistics 
        managers to provide them; and
            (2) key individuals who know how to reach each other in a 
        crisis, and have backup communications plans if primary 
        communications systems fail.
    (c) Included Critical Resources.--The critical resources identified 
under subsection (b) shall include the following:
            (1) Communications experts and equipment, including a corps 
        of technology experts who can surge when and where needed to 
        provide both equipment and expertise to fix and build 
        communications systems.
            (2) Food and water, including both at stationery locations 
        and mobile capabilities.
            (3) Construction equipment and personnel.
            (4) Medical care facilities and medical corps to treat non-
        life threatening injuries.
            (5) Transportation resources, including buses, trains, 
        trucks, helicopters, and amphibious vehicles.
    (d) Program Features.--Under Secretary for Emergency Management 
shall ensure that the pilot program--
            (1) has built-in flexibility to ensure the utilization of 
        additional private sector offers of assistance and 
        identification of new vital resources that were not anticipated 
        in advance; and
            (2) is implemented in accordance with a concise, user-
        friendly plan under which the Regional Director can 
        expeditiously and efficiently activate the network identified 
        under subsection (b) at the time the Under Secretary for 
        Emergency Management declares an incident of national 
        significance.
    (e) Protocols.--Under Secretary for Emergency Management shall 
establish protocols for the pilot program by not later than 180 days 
after the establishment of the program under subsection (a).
    (f) Intent of Congress.--The Congress--
            (1) does not intend in this section that the Directorate of 
        Emergency Management of the Department of Homeland Security 
        rely on the private sector to the extent of minimizing the 
        procurement of emergency supplies and personnel and other 
        activities under this Act or any other law; and
            (2) intends in this section that a public-private 
        partnership network be identified and treated as a possible 
        resource in the event of a catastrophic act of terrorism, 
        natural disaster, or other emergency.

SEC. 116. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

    For the Emergency Management Performance Grants Program formerly 
conducted by the Directorate for Preparedness, there is authorized to 
be appropriated $360,000,000 for fiscal year 2007.

SEC. 117. HURRICANE EXERCISE.

    (a) In General.--Not later than December 31, 2008, the Secretary of 
Homeland Security, in cooperation with the heads of Federal, State, and 
local departments and agencies, representatives of volunteer 
organizations, and other appropriate experts, shall conduct an exercise 
to simulate a hurricane hitting New York City for purposes of the 
preparation for, response to, and recovery from such an event.
    (b) Report.--Not later than 90 days after the last day of the 
exercise, the Secretary shall submit to Congress a report on the 
results of the exercise, including information concerning how the 
exercise was developed and conducted, who participated in the exercise, 
the findings of participants, and recommendations for future actions.

SEC. 118. DEFINITIONS.

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

SEC. 119. CONFORMING AMENDMENTS.

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

              TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

SEC. 201. FRAUD, WASTE, AND ABUSE CONTROLS; FRAUD PREVENTION TRAINING 
              PROGRAM.

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

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

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

``SEC. 708. FRAUD PREVENTION TRAINING PROGRAM.

    ``(a) Training Program Required.--The Secretary, acting through the 
Under Secretary for Emergency Management, shall develop and implement a 
program to provide training on the prevention of waste, fraud, and 
abuse of Federal assistance funds and services during the response to 
or recovery from acts of terrorism, natural disasters, or other 
emergencies and ways to identify such potential waste, fraud, and 
abuse.
    ``(b) Individuals Eligible for Training.--Under the training 
program required under subsection (a), the Secretary may provide 
training to--
            ``(1) employees, contractors, and volunteers of the Federal 
        Government;
            ``(2) employees and volunteers of any State, local, or 
        tribal government entity; and
            ``(3) employees and volunteers of nonprofit organizations 
        that assist in the administration of Federal assistance funds 
        and services provided in response to acts of terrorism, natural 
        disasters, or other national emergencies.
    ``(c) Information Sharing.--Any State, local, or tribal government 
entity or nonprofit entity that provides Federal assistance funds or 
services to individuals affected by acts of terrorism, natural 
disasters, or other emergencies may share information with the Federal 
Government, in a manner consistent with Federal Privacy Act 
protections, about any recipient of such assistance, at the request of 
the head of a Federal department or agency, for the purpose of 
preventing fraud and abuse of Federal assistance.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item related to section 706 
the following:

``Sec. 707. Fraud, waste, and abuse controls.
``Sec. 708. Fraud prevention training program.''.

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

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

SEC. 203. ENHANCED ACCOUNTABILITY FOR FEDERAL ASSISTANCE.

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

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

    ``(a) Recipients of Federal Assistance.--
            ``(1) In general.--Each State, local, tribal, and nonprofit 
        entity that receives Federal assistance funds in response to 
        acts of terrorism, natural disasters, or other emergencies 
        shall report to the pertinent Federal agency six months after 
        the initial disbursement of resources regarding the expenditure 
        of such funds.
            ``(2) Contents.--The report shall include a description 
        of--
                    ``(A) the projects or programs that received 
                Federal assistance;
                    ``(B) the entity administering the program or 
                project; and
                    ``(C) the dates and amounts disbursed, allocated, 
                and expended.
            ``(3) Minimizing reporting burden.--The Under Secretary for 
        Emergency Management shall determine whether the requirement to 
        report under this section is duplicative of or can be combined 
        with other reporting requirements and, if so, the Under 
        Secretary shall combine such requirements and eliminate such 
        duplication.
    ``(b) Federal Assistance Disbursing Agencies.--
            ``(1) In general.--Each Federal agency that disburses 
        Federal assistance funds in response to an act of terrorism, a 
        natural disaster, or another emergency shall submit to the 
        Inspector General of the Department, acting in the Inspector 
        General's role as chairman of the President's Council on 
        Integrity and Efficiency Homeland Security Roundtable, a report 
        on the expenditure of such funds.
            ``(2) Contents.--Each report required under paragraph (1) 
        shall include--
                    ``(A) names and addresses of recipient agencies;
                    ``(B) the purpose for which resources were 
                provided;
                    ``(C) the amounts disbursed, allocated, and 
                expended; and
                    ``(D) the status of reporting by agencies that 
                received disbursements (as set forth under subparagraph 
                (A).
            ``(3) Deadline.--Each report submitted under paragraph (1) 
        shall be submitted not later than one year after the date of 
        the enactment of the appropriations Act that makes available 
        the Federal assistance funds covered by the report, and on a 
        recurrent basis every six months thereafter until such time as 
        all such funds are expended or the Inspector General and such 
        Council determine that such reports are no longer required.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item related to section 856 
the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

   TITLE III--AMENDMENTS TO DISASTER RELIEF AND EMERGENCY ASSISTANCE 
                                PROGRAM

SEC. 301. DEFINITIONS.

    (a) Major Disaster.--Section 102(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is 
amended to read as follows:
            ``(2) Major disaster.--The term `major disaster' means any 
        natural or manmade disaster (including any hurricane, tornado, 
        storm, high water, winddriven water, tidal wave, tsunami, 
        earthquake, volcanic eruption, landslide, mudslide, snowstorm, 
        drought, terrorist attack, fire, flood, explosion, or other 
        similar incident), in any part of the United States, which in 
        the determination of the President causes damage of sufficient 
        severity and magnitude to warrant major disaster assistance 
        under this Act to supplement the efforts and available 
        resources of States, local governments, and disaster relief 
        organizations in alleviating the damage, loss, hardship, or 
        suffering caused thereby.''.
    (b) Catastrophic Incident.--Section 102 of such Act (42 U.S.C. 
5122) is amended by adding at the end the following:
            ``(10) Catastrophic incident.--The term `catastrophic 
        incident' means any major disaster that results in 
        extraordinary levels of mass casualties, damage, or disruption 
        severely affecting the population, infrastructure, environment, 
        economy, national morale, or government functions. A 
        catastrophic incident could result in sustained national 
        impacts over a prolonged period of time; almost immediately 
        exceeds resources normally available to State, local, tribal, 
        and private-sector authorities in the impacted area; and 
        significantly interrupts governmental operations and emergency 
        services to such an extent that national security could be 
        threatened.''.

SEC. 302. STATE DISASTER PREPAREDNESS PROGRAMS.

    Section 201(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5131) is amended by striking 
``emergencies and major disasters'' and inserting ``emergencies, major 
disasters, and catastrophic incidents''.

SEC. 303. STANDARDS AND REVIEWS.

    Section 313 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5156) is amended by striking the second 
sentence and inserting the following: ``The President shall conduct 
annual reviews of Federal agencies, States, and local governments in 
preparing for emergencies, major disasters, and catastrophic incidents 
and in providing major disaster and emergency assistance in order to 
ensure maximum coordination and effectiveness of such programs and 
consistency in policies for reimbursement of States under this Act.''.

SEC. 304. PENALTY FOR MISUSE OF FUNDS.

    Section 314(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5157(a)) is amended to read as 
follows:
    ``(a) Misuse of Funds.--Any person who knowingly and willfully 
misapplies the proceeds of a loan or other cash benefit obtained under 
this Act shall be fined an amount equal to 3 times the misapplied 
amount of the proceeds or cash benefit.''.

SEC. 305. ADVANCE OF NON-FEDERAL SHARE.

    Section 319(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5162(a)) is amended to read as 
follows:
    ``(a) In General.--The President may lend or advance to an eligible 
applicant or a State the portion of assistance for which the State is 
responsible under the cost-sharing provisions of this Act in any case 
in which a catastrophic incident occurs.''.

SEC. 306. MITIGATION PLANNING.

    Section 322(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5165(a)) is amended by inserting 
``, including any critical infrastructure,'' after ``vulnerabilities''.

SEC. 307. PROCEDURE FOR DECLARATION OF MAJOR DISASTERS.

    Section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) is amended--
            (1) by inserting ``(a) Request and Declaration.--'' before 
        ``All requests''; and
            (2) by adding at the end the following:
    ``(b) Major Disasters Involving Federal Primary Responsibility.--
The President may declare that a major disaster exists without a 
request from an affected State in the event of a catastrophic incident 
or if the President determines that the primary responsibility for the 
response rests with the Federal Government because the major disaster 
involves a subject area for which, under the Constitution or laws of 
the United States, the Federal Government exercises exclusive or 
preeminent responsibility and authority. In determining whether or not 
such a major disaster exists, the President should consult with the 
Governor of any affected State, if practicable.''.

SEC. 308. ESSENTIAL ASSISTANCE.

    Section 403(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b(b)) is amended to read as 
follows:
    ``(b) Federal Share.--
            ``(1) In general.--Subject to paragraph (2), the Federal 
        share of assistance under this section shall be not less than 
        75 percent of the eligible cost of such assistance.
            ``(2) Catastrophic incidents.--In the case of a 
        catastrophic incident, the Federal share of assistance under 
        this section shall be--
                    ``(A) 100 percent of the eligible cost of such 
                assistance for 72 hours after the incident; and
                    ``(B) not be less than 75 percent of the eligible 
                cost of such assistance thereafter.''.

SEC. 309. TEMPORARY HOUSING ASSISTANCE.

    Section 408(c)(1)(B)(ii) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)) is amended 
by striking ``18-month'' and inserting ``10-month''.

SEC. 310. PROCEDURE FOR DECLARATION OF EMERGENCIES.

    Section 501(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5191(b)) is amended to read as 
follows:
    ``(b) Emergencies Involving Federal Primary Responsibility.--The 
President may declare that an emergency exists without a request from 
an affected State in the event of a catastrophic incident or if the 
President determines the primary responsibility for the response rests 
with the Federal Government because the emergency involves a subject 
area for which, under the Constitution or laws of the United States, 
the Federal Government exercises exclusive or preeminent responsibility 
and authority. In determining whether or not such an emergency exists, 
the President should consult the Governor of any affected State, if 
practicable.''.

     TITLE IV--GOOD SAMARITAN LIABILITY IMPROVEMENT AND VOLUNTEER 
                             ENCOURAGEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Good Samaritan Liability 
Improvement and Volunteer Encouragement Act of 2006'' or the ``GIVE Act 
of 2006''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) It is in the national interest to encourage individuals 
        to volunteer, and particularly to assist victims of national 
        disasters.
            (2) The willingness of volunteers to offer their services 
        is deterred by the potential for liability actions against 
        them.
            (3) The contribution of programs that use volunteers to 
        their communities is thereby diminished, resulting in fewer and 
        higher cost programs than would be obtainable if volunteers 
        were participating.
            (4) The exposure of potential volunteers, their employers, 
        and those who would use the services of volunteers under 
        existing law to compensatory and punitive damages for negligent 
        acts discourages the provision of these services.
            (5) The availability of damages for actions that constitute 
        gross negligence creates uncertainty concerning the actual 
        conduct that might cause liability to be imposed on volunteers.
            (6) Potential liability for acts of volunteers discourages 
        the employers or business partners of potential volunteers from 
        permitting those potential volunteers to provide disaster 
        relief services.
            (7) Potential liability for acts of volunteers discourages 
        entities that might use the services provided by volunteers 
        from doing so.
            (8) Well-founded fear of liability under existing law for 
        providing goods, equipment, access to facilities, and other in-
        kind contributions discourages those who would donate them from 
        doing so.
            (9) Well-founded fear of liability under existing law for 
        providing goods discourages governmental and intergovernmental 
        entities from providing needed disaster relief goods.
            (10) Well-founded fear of liability for punitive damages 
        under existing law discourages governmental and 
        intergovernmental entities from providing needed disaster 
        relief goods and discourages potential volunteers from 
        providing volunteer services to disaster victims.
            (11) Fear of compensatory and punitive damages for 
        providing volunteer services deters potential volunteers from 
        States located outside the national disaster area from 
        providing volunteer services.
            (12) Fear of compensatory and punitive damages for 
        providing volunteer services deters potential foreign 
        volunteers from providing disaster relief services.
            (13) Any lessening of liability for volunteers providing 
        disaster relief services, their employers and business 
        partners, and entities utilizing their services should maintain 
        adequate incentives for each of these classes of persons or 
        entities to avoid causing harm.
            (14) Unwillingness to provide volunteer services in the 
        face of uncertain liability substantially affects, burdens, and 
        deters interstate commerce and travel.
            (15) Unwillingness of employers and business partners to 
        allow their employees and business partners to provide 
        volunteer and disaster relief services in the face of uncertain 
        liability substantially affects, burdens, and deters interstate 
        commerce and travel.
            (16) Unwillingness of persons, entities, or organizations 
        to accept volunteer and disaster relief services from 
        volunteers in the face of uncertain liability substantially 
        affects, burdens, and deters interstate commerce and travel.
            (17) Unwillingness by foreigners to provide volunteer and 
        disaster relief services in the face of uncertain liability 
        substantially affects, burdens, and deters foreign commerce and 
        travel.
            (18) Because Federal funds are expended on useful and cost-
        effective social service programs, many of which are national 
        in scope, depend heavily on volunteer participation, and 
        represent some of the most successful public-private 
        partnerships, protection of volunteerism through clarification 
        and limitation of the personal liability risks assumed by the 
        volunteer in connection with such participation is an 
        appropriate subject for Federal legislation.
            (19) Services and goods provided by volunteers and 
        nonprofit organizations would often otherwise be provided by 
        private entities that operate in interstate commerce.
            (20) Due to high liability costs and unwarranted litigation 
        costs, volunteers and nonprofit organizations face higher costs 
        in purchasing insurance, through interstate insurance markets, 
        to cover their activities.
            (21) Clarifying and limiting the liability risk assumed by 
        volunteers is an appropriate subject for Federal legislation 
        because--
                    (A) of the national scope of the problems created 
                by the legitimate fears of volunteers about frivolous, 
                arbitrary, or capricious lawsuits;
                    (B) the citizens of the United States depend on, 
                and the Federal Government expends funds on and 
                provides tax exemptions and other consideration to, 
                numerous social programs that depend on the services of 
                volunteers;
                    (C) it is in the interest of the Federal Government 
                to encourage the continued operation of volunteer 
                service organizations and contributions of volunteers, 
                as the Federal Government lacks the capacity to carry 
                out all of the services provided by such organizations 
                and volunteers; and
                    (D)(i) liability reform for volunteers, will 
                promote the free flow of goods and services, lessen 
                burdens on interstate commerce and uphold 
                constitutionally protected due process rights; and
                    (ii) therefore, liability reform is an appropriate 
                use of the powers contained in article 1, section 8, 
                clause 3 of the Constitution of the United States, and 
                the fourteenth amendment to the Constitution of the 
                United States.
            (22) Unless Congress provides uniform standards to address 
        disasters that could occur in any State or combination of 
        States, potential volunteers and others will not be certain 
        which laws would govern their providing disaster relief 
        services, which would substantially affect, burden, and deter 
        interstate and foreign commerce and travel in the event of a 
        national disaster.

            Subtitle A--Disaster Relief Volunteer Protection

SEC. 411. DEFINITIONS.

    In this subtitle--
            (1) the term ``compensation''--
                    (A) means monetary or other compensation of any 
                kind provided in exchange for an individual's services; 
                and
                    (B) does not include--
                            (i) reasonable reimbursement or allowance 
                        for expenses actually incurred by such 
                        individual;
                            (ii) provision of reasonable supplies, 
                        lodging, or transportation to such an 
                        individual; or
                            (iii) the ordinary salary or compensation 
                        paid to such an individual by the employer of 
                        the individual while the individual is on leave 
                        from performing ordinary duties for the 
                        employer of the individual in order to provide 
                        disaster relief services;
            (2) the term ``declared disaster'' means--
                    (A) a public health emergency declared by the 
                Secretary of Health and Human Services under section 
                319 of the Public Health Services Act (42 U.S.C. 247d);
                    (B) a public health emergency, or a risk of such 
                emergency, as determined by the Secretary of Homeland 
                Security in accordance with clause (i) or (ii) of 
                section 2811(b)(3)(A) of the Public Health Services Act 
                (42 U.S.C. 300hh-11(b)(3)(A)), as transferred by 
                section 503(5) of the Homeland Security Act of 2002 (6 
                U.S.C. 313(5)); or
                    (C) an emergency or major disaster declared by the 
                President under section 401 or 501 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170, 5191);
            (3) the term ``disaster relief goods'' means either--
                    (A) those goods provided in preparation for, 
                response to, or recovery from a declared disaster and 
                reasonably necessary to such preparation, response, or 
                recovery; or
                    (B) those goods defined by a supplemental 
                declaration under this subtitle;
            (4) the term ``disaster relief services'' means services or 
        assistance provided in preparation for, response to, or 
        recovery from a declared disaster, including health, medical, 
        firefighting, rescue, reconstruction, and any other services or 
        assistance specified by a supplemental declaration under this 
        subtitle as necessary or desirable to prepare for, respond to, 
        or recover from such declared disaster;
            (5) the term ``disaster relief volunteer'' means an 
        individual--
                    (A) who provides disaster relief services or 
                assistance in connection with a declared disaster 
                without expectation or receipt of compensation in 
                exchange for providing such services or assistance; and
                    (B) who, to the extent required by the appropriate 
                authorities of a State (even if such State is not the 
                State in which the volunteer provides services or 
                assistance) or, if, and to the extent, specified in a 
                supplemental declaration under this subtitle, a foreign 
                country, is licensed, certified, or authorized to 
                provide the relevant services or assistance;
            (6) the term ``non-economic loss'' means losses for 
        physical and emotional pain, suffering, inconvenience, physical 
        impairment, mental anguish, disfigurement, loss of enjoyment of 
        life, loss of society and companionship, loss of consortium 
        (other than loss of domestic service), hedonic damages, injury 
        to reputation, and all other non-pecuniary losses of any kind 
        or nature;
            (7) the term ``supplemental declaration'' means a 
        declaration under section 418 regarding the scope of a declared 
        disaster; and
            (8) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, any other 
        territory or possession of the United States, and any political 
        subdivision of any such State, territory, or possession.

SEC. 412. LIABILITY OF DISASTER RELIEF VOLUNTEERS.

    Except as provided in section 419, a disaster relief volunteer 
shall not be liable for harm caused by an act or omission of the 
volunteer that is within the scope of the activities of the volunteer 
to provide or facilitate the provision of disaster relief services in 
connection with a declared disaster if--
            (1) the harm was not caused by willful, knowing, or 
        reckless misconduct by the volunteer; and
            (2) the harm was not caused by the volunteer operating a 
        motor vehicle, vessel, aircraft, or other vehicle for which the 
        State requires the operator or the owner of the vehicle, craft, 
        or vessel to--
                    (A) possess an operator's license; or
                    (B) maintain insurance.

SEC. 413. LIABILITY OF EMPLOYER OR PARTNER OF DISASTER RELIEF 
              VOLUNTEER.

    Except as provided in section 419, an employer or business partner 
of a disaster relief volunteer shall not be liable for any act or 
omission of such volunteer within the scope of the activities of the 
volunteer to provide or facilitate the provision of disaster relief 
services in connection with a declared disaster.

SEC. 414. LIABILITY OF HOST OR ENABLING PERSON, ENTITY, OR 
              ORGANIZATION.

    Except as provided in section 419, a person, entity, or 
organization, including a governmental or intergovernmental entity, 
that works with, accepts services from, or opens its facilities to a 
disaster relief volunteer to enable the volunteer to render disaster 
relief services in connection with a declared disaster shall not be 
liable for any act or omission of a disaster relief volunteer.

SEC. 415. LIABILITY OF GOVERNMENTAL AND INTERGOVERNMENTAL ENTITIES FOR 
              DONATIONS OF DISASTER RELIEF GOODS.

    Except as provided in section 419, a governmental or 
intergovernmental entity that donates disaster relief goods to an 
agency or instrumentality of the United States in connection with a 
declared disaster shall not be liable for harm caused by such donated 
goods if the harm was not caused by willful, knowing, or reckless 
misconduct by the governmental or intergovernmental entity.

SEC. 416. LIMITATION ON PUNITIVE AND NON-ECONOMIC DAMAGES BASED ON 
              ACTIONS OF DISASTER RELIEF VOLUNTEERS AND GOVERNMENTAL OR 
              INTERGOVERNMENTAL DONORS.

    (a) Punitive Damages.--Except as provided in section 419, punitive 
damages may not be awarded in any civil action against a disaster 
relief volunteer or governmental or intergovernmental entity unless a 
claimant establishes by clear and convincing evidence that the damages 
to the claimant were proximately caused by willful, knowing, or 
reckless misconduct by either--
            (1) a disaster relief volunteer in an action brought for 
        harm caused by the activities of the volunteer to provide or 
        facilitate the provision of disaster relief services in 
        connection with a declared disaster; or
            (2) a governmental or intergovernmental entity for harm 
        caused by disaster relief goods donated by such governmental or 
        intergovernmental entity in connection with a declared 
        disaster.
    (b) Non-Economic Damages.--
            (1) In general.--Except as provided in section 419, 
        liability for non-economic loss in any civil action brought 
        against either a disaster relief volunteer for harm caused the 
        activities of the volunteer to provide or facilitate the 
        provision of disaster relief services in connection with a 
        declared disaster, or a governmental or intergovernmental 
        entity for harm caused by disaster relief goods donated by such 
        governmental or intergovernmental entity in connection with a 
        declared disaster, if permitted under section 412 or section 
        415, shall be determined in accordance with paragraph (2).
            (2) Amount of liability.--
                    (A) In general.--The amount of damages for non-
                economic loss allocated to a disaster relief volunteer 
                or governmental or intergovernmental entity defendant 
                shall be in direct proportion to the percentage of 
                responsibility of that defendant, determined in 
                accordance with subparagraph (B), for the harm to the 
                claimant with respect to which that defendant is 
                liable.
                    (B) Percentage.--In a civil action described in 
                paragraph (1), for purposes of determining the amount 
                of non-economic loss, the trier of fact shall determine 
                the percentage of responsibility of each defendant 
                found liable for harm to the claimant.
                    (C) Separate judgments.--The court shall render a 
                separate judgment against each defendant for any non-
                economic loss.

SEC. 417. JUDICIAL REVIEW OF ALLEGATIONS.

    (a) In General.--A claimant in a civil action for an act or 
omission subject to the limitations of liability under this subtitle 
shall attach 1 or more sworn affidavits or documents containing 
admissible evidence of an act or omission outside the limitations of 
section 412, 413, 414, or 415.
    (b) Initial Review.--Before allowing a civil action described in 
subsection (a) to proceed into discovery, the trial judge shall 
determine whether, as a matter of law, the evidence submitted is 
sufficient to raise a genuine issue of material fact.

SEC. 418. SUPPLEMENTAL DECLARATION.

    (a) In General.--In the event of a declared disaster, the 
President, the Secretary of Health and Human Services, or the Secretary 
of Homeland Security may issue a supplemental declaration.
    (b) Temporal Effect.--A supplemental declaration may provide that, 
for purposes of this subtitle, such declared disaster shall have such 
temporal effect as the President or the Secretary may deem necessary or 
appropriate to further the public interest, including providing that 
such declared disaster shall have an effective date earlier than the 
date of the declaration or determination of such declared disaster.
    (c) Geographic and Other Conditions.--A supplemental declaration 
may provide that, for purposes of this subtitle, such declared disaster 
shall have such geographic or other conditions as the President or the 
relevant Secretary may deem necessary or appropriate to further the 
public interest.

SEC. 419. ELECTION OF STATE REGARDING NONAPPLICABILITY.

    A provision of this subtitle shall not apply to any civil action in 
a State court against a person in which all parties are citizens of the 
State if such State enacts a statute--
            (1) citing the authority of this subtitle;
            (2) declaring the election of such State that such 
        provision shall not apply to such civil action in the State; 
        and
            (3) containing no other provisions.

SEC. 420. CONSTRUCTION.

    Nothing in this subtitle shall be construed to abrogate or limit 
any protection that a volunteer, as defined in section 6(6) of the 
Volunteer Protection Act (42 U.S.C. 14505(6)), may be entitled to under 
that Act. Neither shall anything in this subtitle be construed to 
confer any private right of action or to abrogate or limit any 
protection with respect to either liability or damages that any person 
may be entitled to under any other provision of law.

             Subtitle B--Volunteer Protection Improvements

SEC. 441. DEFINITIONS.

    In this subtitle--
            (1) the term ``aircraft'' has the meaning given that term 
        in section 40102 of title 49, United States Code;
            (2) the term ``equipment'' includes mechanical equipment, 
        electronic equipment, and office equipment;
            (3) the term ``facility'' means any real property, 
        including any building, improvement, or appurtenance;
            (4) the term ``motor vehicle'' has the meaning given that 
        term in section 30102 of title 49, United States Code;
            (5) the term ``nonprofit organization'' means--
                    (A) any organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from 
                tax under section 501(a) of such Code; or
                    (B) any not-for-profit organization organized and 
                conducted for public benefit and operated primarily for 
                charitable, civic, educational, religious, welfare, or 
                health purposes;
            (6) the term ``person'' includes any governmental or other 
        entity; and
            (7) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, any other territory or possession of 
        the United States, or any political subdivision of any such 
        State, territory, or possession.

SEC. 442. LIABILITY PROTECTION FOR ACTIONS OF VOLUNTEERS GENERALLY.

    Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) 
is amended--
            (1) in subsection (a)(3) by striking ``willful or criminal 
        misconduct, gross negligence, reckless misconduct'' and 
        inserting the following: ``willful, knowing, or reckless 
        misconduct'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Effect on Liability of Nonprofit Organizations.--No nonprofit 
organization shall be liable for the acts or omissions of a volunteer 
with respect to harm caused to any person unless--
            ``(1) the acts or omissions of the volunteer are not 
        subject to the limitations on liability under subsection (a); 
        and
            ``(2) the nonprofit organization has willfully disregarded 
        or been recklessly indifferent to the reasonable expectations 
        or safety of the individual harmed by the volunteer.''; and
            (3) by adding at the end the following:
    ``(g) Judicial Review of Allegations.--
            ``(1) In general.--A claimant in a civil action for an act 
        or omission subject to the limitations of liability under this 
        Act shall attach 1 or more sworn affidavits or documents 
        containing admissible evidence of an act or omission outside 
        the limitations of subsection (a), (c), (e)(1), or (f)(1).
            ``(2) Initial review.--Before allowing a civil action 
        described in paragraph (1) to proceed into discovery, the trial 
        judge shall determine whether, as a matter of law, the evidence 
        submitted is sufficient to raise a genuine issue of material 
        fact.''.

SEC. 443. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND 
              CONTRIBUTIONS.

    (a) In General.--
            (1) Liability for donations of equipment to nonprofit 
        organizations.--
                    (A) In general.--Except as provided in subsection 
                (b), a person shall not be subject to civil liability 
                relating to any injury or death that results from the 
                use of equipment donated by such person to a nonprofit 
                organization.
                    (B) Application.--This paragraph shall apply with 
                respect to civil liability under Federal and State law.
            (2) Liability for providing use of facilities to nonprofit 
        organizations.--
                    (A) In general.--Except as provided in subsection 
                (b), a person shall not be subject to civil liability 
                relating to any injury or death occurring at a facility 
                owned or operated by the person in connection with a 
                use of such facility by a nonprofit organization, if--
                            (i) the use occurs outside of the normal 
                        use of the facility by the person;
                            (ii) such injury or death occurs during a 
                        period that such facility is used by the 
                        nonprofit organization; and
                            (iii) the person authorized the use of such 
                        facility by the nonprofit organization.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of a facility.
            (3) Liability for providing use of a motor vehicle or 
        aircraft.--
                    (A) In general.--Except as provided in subsection 
                (b), a person shall not be subject to civil liability 
                relating to any injury or death occurring as a result 
                of the operation of an aircraft or a motor vehicle the 
                person loaned to a nonprofit organization, if--
                            (i) the use occurs outside of the normal 
                        use of the aircraft or motor vehicle by the 
                        person;
                            (ii) such injury or death occurs during a 
                        period that such motor vehicle or aircraft is 
                        used by a nonprofit organization; and
                            (iii) the person authorized the use by the 
                        nonprofit organization of motor vehicle or 
                        aircraft that resulted in the injury or death.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of the aircraft 
                        or motor vehicle.
    (b) Exceptions.--Subsection (a) shall not apply to an injury or 
death that results from an act or omission of a person that constitutes 
willful, knowing, or reckless misconduct.
    (c) Judicial Review of Allegations.--
            (1) In general.--A claimant in a civil action for an act or 
        omission subject to the limitations of liability under this 
        section shall attach 1 or more sworn affidavits or documents 
        containing admissible evidence of an act or omission outside 
        the limitations of subsection (a).
            (2) Initial review.--Before allowing a civil action 
        described in paragraph (1) to proceed into discovery, the trial 
        judge shall determine whether, as a matter of law, the evidence 
        submitted is sufficient to raise a genuine issue of material 
        fact.
    (d) Superseding Provision.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (e), this section preempts the laws of any State to 
        the extent that such laws are inconsistent with this section, 
        except that this section shall not preempt any State law that 
        provides additional protection for a person for an injury or 
        death described in paragraph (1), (2), or (3) of subsection (a) 
        with respect to which the conditions specified in such 
        paragraph apply.
            (2) Limitation.--Nothing in this section shall be construed 
        to supersede any Federal or State health or safety law.
    (e) Election of State Regarding Nonapplicability.--A provision of 
this section shall not apply to any civil action in a State court 
against a person in which all parties are citizens of the State if such 
State enacts a statute--
            (1) citing the authority of this section;
            (2) declaring the election of such State that such 
        provision shall not apply to such civil action in the State; 
        and
            (3) containing no other provisions.
    (f) Effective Date.--This section shall apply to liability for 
injury or death caused by equipment donated, facilities used, or 
aircraft or motor vehicles loaned on or after the date of the enactment 
of this Act.

             TITLE V--DISASTER RECOVERY PERSONAL PROTECTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Disaster Recovery Personal 
Protection Act of 2006''.

SEC. 502. FINDINGS.

    Congress finds the following:
            (1) The Second Amendment to the Constitution states, ``A 
        well regulated militia being necessary to the security of a 
        free State, the right of the people to keep and bear arms, 
        shall not be infringed,'' and Congress has repeatedly 
        recognized this language as protecting an individual right.
            (2) In the wake of Hurricane Katrina, State and local law 
        enforcement and public safety service organizations were 
        overwhelmed and could not fulfill the safety needs of the 
        citizens of the State of Louisiana.
            (3) In the wake of Hurricane Katrina, the safety of these 
        citizens, and of their homes and property, was threatened by 
        instances of criminal activity.
            (4) Many of these citizens lawfully kept firearms for the 
        safety of themselves, their loved ones, their businesses, and 
        their property, as guaranteed by the Second Amendment, and used 
        their firearms, individually or in concert with their 
        neighbors, for protection against crime.
            (5) In the wake of Hurricane Katrina, certain agencies 
        confiscated the firearms of these citizens, in contravention of 
        the Second Amendment, depriving these citizens of the right to 
        keep and bear arms and rendering them helpless against criminal 
        activity.
            (6) These confiscations were carried out at gunpoint, by 
        nonconsensual entries into private homes, by traffic 
        checkpoints, by stoppage of boats, and otherwise by force.
            (7) The citizens from whom firearms were confiscated were 
        either in their own homes or attempting to flee the flooding 
        and devastation by means of motor vehicle or boat, and were 
        accosted, stopped, and arbitrarily deprived of their private 
        property and means of protection.
            (8) The means by which the confiscations were carried out, 
        which included intrusion into the home, temporary detention of 
        persons, and seizures of property, constituted unreasonable 
        searches and seizures and deprived these citizens of liberty 
        and property without due process of law in violation of 
        fundamental rights under the Constitution.
            (9) Many citizens who took temporary refuge in emergency 
        housing were prohibited from storing firearms on the premises, 
        and were thus treated as second-class citizens who had 
        forfeited their constitutional right to keep and bear arms.
            (10) At least one highly-qualified search and rescue team 
        was prevented from joining in relief efforts because the team 
        included individuals with firearms, although these individuals 
        had been deputized as Federal law enforcement officers.
            (11) These confiscations and prohibitions, and the means by 
        which they were carried out, deprived the citizens of Louisiana 
        not only of their right to keep and bear arms, but also of 
        their rights to personal security, personal liberty, and 
        private property, all in violation of the Constitution and laws 
        of the United States.

SEC. 503. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN 
              NATIONAL EMERGENCIES.

    Title VII of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5201) is amended by adding at the end the 
following:

``SEC. 706. FIREARMS POLICIES.

    ``(a) Prohibition on Confiscation of Firearms.--No officer or 
employee of the United States (including any member of the uniformed 
services), or person operating pursuant to or under color of Federal 
law, or receiving Federal funds, or under control of any Federal 
official, or providing services to such an officer, employee, or other 
person, while acting in support of relief from a major disaster or 
emergency, may--
            ``(1) temporarily or permanently seize, or authorize 
        seizure of, any firearm the possession of which is not 
        prohibited under Federal or State law, other than for 
        forfeiture in compliance with Federal law or as evidence in a 
        criminal investigation;
            ``(2) require registration of any firearm for which 
        registration is not required by Federal or State law;
            ``(3) prohibit possession of any firearm, or promulgate any 
        rule, regulation, or order prohibiting possession of any 
        firearm, in any place or by any person where such possession is 
        not otherwise prohibited by Federal or State law; or
            ``(4) prohibit the carrying of firearms by any person 
        otherwise authorized to carry firearms under Federal or State 
        law, solely because such person is operating under the 
        direction, control, or supervision of a Federal agency in 
        support of relief from a major disaster or emergency.
    ``(b) Private Rights of Action.--
            ``(1) In general.--Any individual aggrieved by a violation 
        of this section may seek relief in an action at law, suit in 
        equity, or other proper proceeding for redress against any 
        person who subjects such individual, or causes such individual 
        to be subjected, to the deprivation of any of the rights, 
        privileges, or immunities secured by this section.
            ``(2) Remedies.--In addition to any existing remedy in law 
        or equity, under any law, an individual aggrieved by the 
        seizure or confiscation of a firearm in violation of this 
        section may bring an action for return of such firearm in the 
        United States district court in the district in which that 
        individual resides or in which such firearm may be found.
            ``(3) Attorney fees.--In any action or proceeding to 
        enforce this section, the court shall award the prevailing 
        party, other than the United States, a reasonable attorney's 
        fee as part of the costs.''.

                  TITLE VI--HURRICANE ELECTION RELIEF

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Hurricane Election Relief Act of 
2006''.

SEC. 602. GRANTS TO STATES FOR RESTORING AND REPLACING ELECTION 
              ADMINISTRATION SUPPLIES, MATERIALS, RECORDS, EQUIPMENT, 
              AND TECHNOLOGY WHICH WERE DAMAGED, DESTROYED, OR 
              DISLOCATED BY HURRICANES KATRINA OR RITA.

    (a) Authority to Make Grants.--The Election Assistance Commission 
shall make a grant to each eligible State, in such amount as the 
Commission considers appropriate, for purposes of restoring and 
replacing supplies, materials, records, equipment, and technology used 
in the administration of Federal elections in the State which were 
damaged, destroyed, or dislocated as a result of Hurricane Katrina or 
Hurricane Rita and ensuring the full participation in such elections by 
individuals who were displaced as a result of Hurricane Katrina or 
Hurricane Rita.
    (b) Use of Grant Funds.--Funds received under a grant under 
subsection (a) shall be used in a manner that is consistent with the 
requirements of title III of the Help America Vote Act of 2002.
    (c) Eligibility.--A State is eligible to receive a grant under this 
section if the State submits to the Commission (at such time and in 
such form as the Commission may require) a certification that--
            (1) supplies, materials, records, equipment, and technology 
        used in the administration of Federal elections in the State 
        were damaged, destroyed, or dislocated as a result of Hurricane 
        Katrina or Hurricane Rita; or
            (2) the system of such State for conducting Federal 
        elections has been significantly impacted by the displacement 
        of individuals as a result of Hurricane Katrina or Hurricane 
        Rita.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for grants under this title 
$50,000,000 for fiscal year 2007. Such sums shall remain available 
until expended.
                                 <all>