II Calendar No. 582 109th CONGRESS 2d Session S. 3721 IN THE SENATE OF THE UNITED STATES July 25, 2006 Ms. Collins (for herself, Mr. Lieberman, and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs August 3, 2006 Reported by Ms. Collins, with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Homeland Security Act of 2002 to establish the United States Emergency Management Authority, and for other purposes.

1.

Short title

This Act may be cited as the Post Katrina Emergency Management Reform Act of 2006.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents Sec. 3. Definitions TITLE I—NATIONAL PREPAREDNESS AND RESPONSE Sec. 101. United States Emergency Management Authority Sec. 102. Conforming amendments relating to intelligence reform Sec. 103. Communication system grants Sec. 104. Technical and conforming amendments TITLE II—STAFFORD ACT AMENDMENTS Sec. 201. General Federal assistance Sec. 202. National Disaster Recovery Strategy Sec. 203. Environmental mitigation Sec. 204. Disaster housing strategy Sec. 205. Essential services Sec. 206. Hazard mitigation grant program formula Sec. 207. Housing assistance Sec. 208. Maximum amount under individual assistance programs Sec. 209. Coordinating officers Sec. 210. Definitions Sec. 211. Catastrophic damage assistance Sec. 212. Individuals with disabilities Sec. 213. Disability coordinator Sec. 214. Temporary housing Sec. 215. GAO Study on accessibility of emergency shelters Sec. 216. Reunification Sec. 217. National Emergency Family Registry and Locator System Sec. 218. Federal assistance to individuals and households Sec. 219. Mental health services Sec. 220. Language services Sec. 221. Standards for state and local emergency preparedness operational plans Sec. 222. Transportation assistance and case management services to individuals and households Sec. 223. Non-federal assistance Sec. 224. Disaster coordination TITLE III—STAFFING IMPROVEMENTS Sec. 301. Strategic human capital plan Sec. 302. Career paths Sec. 303. National Homeland Security Academy Sec. 304. Surge capacity force Sec. 305. Establishment of Homeland Security rotation program at the Department of Homeland Security Sec. 306. Quarterly report on vacancy rate in employee positions TITLE IV—PLANNING, PREPAREDNESS, AND TRAINING Sec. 401. Definition Sec. 402. Emergency response framework Sec. 403. Review of the National Response Plan Sec. 404. Planning and preparedness Sec. 405. Training and exercises Sec. 406. Emergency support function assurance programs TITLE V—PREVENTION OF FRAUD, WASTE, AND ABUSE DURING EMERGENCIES Sec. 501. Prohibition on excessive pass-through charges Sec. 502. Fraud prevention programs Sec. 503. Contingency Contracting Corps Sec. 504. Verification measures for Individuals and Households Program Sec. 505. Information Technology Systems Sec. 506. Registry of Debris Contractors Sec. 507. Use of certain supply schedules Sec. 508. Use of local firms and individuals Sec. 509. Advance contracting TITLE VI—MISCELLANEOUS PROVISIONS Sec. 601. Authorization of appropriations Sec. 602. Effective date

3.

Definitions

In this Act— (1)the term Authority means the United States Emergency Management Authority established under section 512 of the Homeland Security Act of 2002, as amended by this Act; (2)the term Administrator means the Administrator of the Authority; (3)the term catastrophic incident means any natural or manmade incident, including an act of terrorism, that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area and may include an incident with a sustained national impact over a prolonged period of time, that may rapidly exceed resources available to State and local government and private-sector authorities in the impacted area, or may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened; (4)the term Department means the Department of Homeland Security; (5)the term emergency response provider has the same meaning given under section 2(6) of the Homeland Security Act of 2002; (6)the term Federal coordinating officer means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143); (7)the term individual with a disability means an individual with a disability as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)); (8)the term National Advisory Council means the National Advisory Council on Preparedness and Response established under section 518 of the Homeland Security Act of 2002, as amended by this Act; (9)the term National Incident Management System means the National Incident Management System as described in the National Response Plan; (10)the term National Response Plan means the National Response Plan prepared under Homeland Security Presidential Directive 5 or any presidential directive meant to replace or augment that directive; (11)the term Regional Office means a Regional Office established under section 517 of the Homeland Security Act of 2002, as amended by this Act; (12)the term Regional Office strike team means a Regional Office strike team established under section 517 of the Homeland Security Act of 2002, as amended by this Act; (13)the term Secretary means the Secretary of Homeland Security; and (14)the term surge capacity means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing, including disaster assistance employees, and other resources necessary to save lives and protect property during a catastrophic incident.

; (2)by striking sections 501 through 503; (3)by striking sections 506 and 507; (4)by redesignating sections 504, 505, 508, and 509 as sections 536, 537, 538, and 539, respectively; (5)by redesignating section 510 (relating to procurement of security countermeasures for the strategic national stockpile) as section 540; (6)by redesignating section 510 (relating to urban and other high risk area communications capabilities) as section 541; (7)by inserting before section 536, as so redesignated by this section, the following:

501.

Definitions

In this title— (1)the term all-hazards-plus means an approach to preparedness, response, recovery, and mitigation that emphasizes the development of capabilities that are common to natural and man-made disasters, while also including the development of capabilities that are uniquely relevant to specific types of disasters; (2)the term Authority means the United States Emergency Management Authority established under section 512; (3)the term Administrator means the Administrator of the Authority; (4)the term catastrophic incident means any natural or manmade incident, including an act of terrorism, that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area and may include an incident with a sustained national impact over a prolonged period of time, that may rapidly exceed resources available to State and local government and private-sector authorities in the impacted area, or may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened; (5)the term emergency communications capabilities means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency responders, agencies, and government officials from multiple disciplines and jurisdictions and at all levels of government, in the event of a natural disaster, terrorist attack, or other large-scale or catastrophic emergency, including where there has been significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity; (6)the term Federal coordinating officer means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143); (7)the terms interoperable emergency communications system and communications interoperability mean the ability of emergency response providers and relevant Federal, State, and local government agencies to— (A)communicate with each other as necessary, using information technology systems and radio communications systems; and (B)exchange voice, data, or video with each other on demand, in real time, as necessary; (8)the term National Advisory Council means the National Advisory Council on Preparedness and Response established under section 518; (9)the term National Incident Management System means the National Incident Management System as described in the National Response Plan; (10)the term National Response Plan means the National Response Plan prepared under Homeland Security Presidential Directive 5 or any presidential directive meant to replace or augment that directive; and (11)the term surge capacity means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing, including disaster assistance employees, and other resources necessary to save lives and protect property during a catastrophic incident, or other natural or man-made disaster.

A

Preparedness and Response

511.

Definitions

In this subtitle— (1)the term Nuclear Incident Response Team means a resource that includes— (A)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 (B)those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions; (2)the term Regional Advisory Council means a Regional Advisory Council on Preparedness and Response established under section 513; (3)the term Regional Administrator means a Regional Administrator for Preparedness and Response appointed under section 517; and (4)the term Regional Office means a Regional Office established under section 517.

512.

United States Emergency Management Authority

(a)

In General

There is established in the Department the United States Emergency Management Authority, headed by an Administrator. (b)

Mission

The mission of the Authority is to— (1)lead the Nation’s efforts to prepare for, respond to, recover from, and mitigate the risks of natural and man-made disasters, including catastrophic incidents; (2)partner with State and local governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to a catastrophic incident or other natural or man-made disaster; (3)develop a Federal response capability that, when necessary and appropriate, can act effectively, rapidly, and proactively to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural or man-made disaster; (4)fuse the Department’s emergency response, preparedness, recovery, mitigation, and critical infrastructure assets into a new, integrated organization that can effectively confront the challenges of a natural or man-made disaster; (5)develop and maintain robust Regional Offices that will work with State and local governments and emergency response providers to identify and address regional priorities; (6)under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department that can be brought to bear in preparing for and responding to a natural or man-made disaster; (7)carry out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (8)provide funding, training, exercises, technical assistance, planning, and other assistance, to build local, State, regional, and national capabilities, including communications capabilities, necessary to respond to a potential natural or man-made disaster; (9)implement an all-hazards-plus strategy for preparedness that places priority on building those common capabilities necessary to respond to both terrorist attacks and natural disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and (10)promote, plan for, and facilitate the security and resiliency of critical infrastructure and key resources, including cyber infrastructure, against a natural or man-made disaster, and the post-disaster restoration of such critical infrastructure and key resources. (c)

Administrator

(1)

In general

The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2)

Qualifications

The Administrator shall have not less than 5 years of executive leadership and management experience in the public or private sector, significant experience in crisis management or another relevant field, and a demonstrated ability to manage a substantial staff and budget. (3)

Reporting

The Administrator shall report to the Secretary, without being required to report through any other official of the Department. (4)

Principal advisor on emergency preparedness and response

(A)

In general

The Administrator is the principal emergency preparedness and response advisor to the President, the Homeland Security Council, and the Secretary. (B)

Advice and recommendations

(i)

In general

In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency mitigation, preparedness, response, and recovery options with respect to that matter. (ii)

Advice on request

The Administrator, as an emergency preparedness and response advisor, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice. (iii)

Recommendations to congress

After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency preparedness and response as the Administrator considers appropriate. (C)

Retention of authority

Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this Act.

513.

Authorities and responsibilities

(a)

In General

The Administrator shall provide Federal leadership necessary to prepare for and respond to a natural or man-made disaster, including— (1)carrying out the mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency preparedness and response program of— (A)mitigation, by taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects; (B)preparedness, by planning, training, and building the emergency preparedness and response workforce to prepare effectively for, mitigate against, respond to, and recover from any hazard; (C)response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; (D)recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and (E)critical infrastructure protection, by establishing an inventory of, and protections for, public and private sector critical infrastructure, including cyber and communications assets; (2)increasing efficiencies, by coordinating efforts relating to mitigation, preparedness, response, recovery, and infrastructure protection; (3)helping to ensure the effectiveness of emergency response providers in responding to a natural or man-made disaster; (4)providing the Federal Government’s response to a natural or man-made disaster, including— (A)managing such response; (B)directing the Domestic Emergency Support Team, the National Disaster Medical System, and (when operating as an organizational unit of the Department under this title) the Nuclear Incident Response Team; (C)overseeing the Metropolitan Medical Response System; and (D)coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a natural or man-made disaster; (5)working with Federal, State, and local government personnel, agencies, and authorities to build a comprehensive national incident management system to respond to a natural or man-made disaster; (6)with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department under this title)— (A)establishing standards and certifying when those standards have been met; (B)conducting joint and other exercises and training and evaluating performance; and (C)providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment; (7)helping to ensure that emergency response providers acquire interoperable and sustainable technology; (8)assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (9)administering homeland security emergency management, first responder, and other preparedness grants; (10)administering and implementing the National Response Plan, including monitoring, evaluating, and ensuring the readiness of each emergency support function under the National Response Plan; (11)coordinating with the National Advisory Council; (12)ensuring the protection of critical infrastructure by— (A)carrying out the responsibilities under paragraphs (2) through (6) of section 201(d); (B)helping ensure the protection and resiliency of key resources and critical infrastructure, including cyber infrastructure, against a natural or man-made disaster; and (C)planning for, assisting with, and facilitating, the restoration of key resources and critical infrastructure, including cyber infrastructure, in the event of a natural or man-made disaster; (13)establishing in each Regional Office a Regional Advisory Council on Preparedness and Response, to advise the Regional Administrator of that Regional Office on emergency preparedness and response issues specific to the region; and (14)otherwise carrying out the mission of the Authority as described in section 512(b). (b)

Additional Responsibilities Related to Catastrophic Incidents

(1)

In general

The Administrator, in consultation with the Secretary and other senior Department officials, shall develop a national emergency management system that is capable of responding to catastrophic incidents. (2)

Identification of resources

(A)

In general

The Administrator shall develop and submit to Congress annually an estimate of the resources of the Authority and other Federal agencies needed for and devoted specifically to developing local, State, and national capabilities necessary to respond to a catastrophic incident. (B)

Contents

Each estimate under subparagraph (A) shall include the resources both necessary for and devoted to— (i)planning; (ii)training and exercises; (iii)Regional Office enhancements; (iv)staffing, including for surge capacity during a catastrophic event; (v)additional logistics capabilities; (vi)other responsibilities under the Catastrophic Incident Annex and the Catastrophic Incident Supplement of the National Response Plan; and (vii)State and local catastrophic preparedness. (c)

All-Hazards-Plus Approach

In carrying out the responsibilities of this section, the Administrator shall implement an all-hazards-plus strategy that places priority on building those common capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of terrorist attacks and natural disasters, while also building the unique capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of specific types of incidents that pose the greatest risk to the Nation.

514.

Authority components

There are transferred to the Authority the following: (1)The Federal Emergency Management Agency, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto. (2)The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel assets, components, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto.

515.

Preserving the United States Emergency Management Authority

(a)

Distinct Entity

The Authority shall be maintained as a distinct entity within the Department. (b)

Reorganization

Section 872 shall not apply to the Authority, including any function or organizational unit of the Authority. (c)

Prohibition on Changes to Missions

(1)

In general

The Secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the Authority or the capability of the Authority to perform those responsibilities, except as otherwise specifically provided in an Act enacted after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006. (2)

Certain transfers prohibited

No asset, function or mission of the Authority may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the capability of the Authority to perform its missions.

516.

Directors

(a)

In General

There shall be in the Authority a Director for Preparedness and a Director for Response and Recovery, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall report to the Administrator. (b)

Qualifications

(1)

In general

A Director shall have— (A)not less than 5 years of— (i)executive leadership and management experience in the public or private sector; and (ii)significant experience in crisis management or another relevant field; and (B)a demonstrated ability to manage a substantial staff and budget. (2)

Concurrent experience

Service during any period of time may be used in meeting the requirements under both clause (i) and (ii) of paragraph (1)(A). (c)

Initial Directors

(1)

In general

Except as provided under paragraph (2), the individual serving as the Under Secretary for Preparedness and the individual serving as the Under Secretary for the Federal Emergency Management Agency on the effective date of the Post Katrina Emergency Management Reform Act of 2006, may serve as the Director for Preparedness and the Director of Response and Recovery, respectively, until a Director for Preparedness or a Director of Response and Recovery, as the case may be, is appointed under subsection (a). (2)

Prior confirmation

Paragraph (1) shall apply if the individual is serving as the Under Secretary for Preparedness or the Under Secretary for the Federal Emergency Management Agency, under an appointment by the President, by and with the advice and consent of the Senate.

517.

Regional Offices

(a)

In General

(1)

Regional offices

The Administrator shall establish 10 Regional Offices of the Authority. (2)

Additional office

In addition to the Regional Offices established under paragraph (1), the Administrator may designate the Office for National Capital Region Coordination under section 882 as a Regional Office. (b)

Management of Regional Offices

(1)

Regional administrator

Each Regional Office shall be headed by a Regional Administrator for Preparedness and Response, who shall be appointed by the Administrator. Each Regional Administrator for Emergency Preparedness and Response shall report directly to the Administrator. (2)

Qualifications

Each Regional Office shall be headed by an individual in the Senior Executive Service qualified to act as a senior Federal coordinating officer to provide strategic oversight of incident management when needed. (c)

Responsibilities

(1)

In general

The Regional Administrator shall work in partnership with State and local governments, emergency managers, emergency response 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 of a Regional Administrator under this section. (2)

Responsibilities

The responsibilities of a Regional Administrator include— (A)ensuring effective, coordinated, and integrated regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters (including planning, training, exercises, and professional development); (B)coordinating and integrating regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters (including planning, training, exercises, and professional development), which shall include— (i)providing regional and interstate planning assistance; (ii)organizing, in consultation with the Administrator, regional training and exercise programs; (iii)providing support and coordination officers for State and local government training and exercises; (iv)participating in emergency preparedness and planning activities by State, regional, and local governments; (v)assisting in the development of regional capabilities needed for a national catastrophic response system; (vi)helping to coordinate and develop interstate agreements; and (vii)coordinating the establishment of effective regional interagency emergency communications capabilities and communications interoperability, and reporting annually to the Administrator, who shall provide the information to the Director for Emergency Communications, on regional efforts to achieve these goals and on regional progress in meeting the goals of the National Emergency Communications Strategy developed under section 535; (C)establishing and overseeing 1 or more strike teams within the region under subsection (e), which shall serve as the focal point of the Federal Government’s initial response efforts for a natural or man-made disaster within that region, and otherwise building Federal response capabilities to respond to a natural or man-made disaster within that region; (D)working with the private sector to assess weaknesses in critical infrastructure protection in the region and to design and implement programs to address those weaknesses; (E)designating an individual responsible for, in conjunction with other relevant Federal, State, and local officials, the development of strategic and operational regional plans to respond effectively to natural or manmade disasters in the region in support of the National Response Plan; (F)coordinating all activities conducted under this section with other Federal departments and agencies; and (G)performing such other duties relating to such responsibilities as the Administrator may require. (d)

Area Offices

The Administrator shall establish an Area Office for the Pacific and an Area Office for the Caribbean, as components in the appropriate Regional Offices. (e)

Regional Office Strike Teams

(1)

Establishment

In coordination with other relevant Federal agencies, each Regional Administrator shall establish multi-agency strike teams that shall consist of— (A)a designated Federal coordinating officer; (B)personnel trained in incident management; (C)public affairs, response and recovery, and communications support personnel; (D)a defense coordinating officer; (E)liaisons to other Federal agencies; (F)such other personnel as the Administrator or Regional Administrator determines appropriate; and (G)individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan, including the following: (i)Transportation. (ii)Communications. (iii)Public works and engineering. (iv)Emergency management. (v)Mass care. (vi)Housing and human services. (vii)Public health and medical services. (viii)Urban search and rescue. (ix)Public safety and security. (x)External affairs. (2)

Location of members

The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily at the Regional Office that corresponds to that strike team. (3)

Coordination

Each Regional Office strike team shall coordinate the training and exercises of that strike team with the State and local governments and private sector and nongovernmental entities which the strike team shall support when a natural or man-made disaster occurs. (4)

Preparedness

Each Regional Office strike team shall be trained, equipped, and staffed to be well prepared to respond to natural and man-made disasters, including catastrophic incidents.

518.

National Advisory Council on Preparedness and Response

(a)

Establishment

Not later than 60 days after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Secretary shall establish an advisory body under section 871(a), to be known as the National Advisory Council on Preparedness and Response. (b)

Responsibilities

The National Advisory Council shall advise the Administrator on all aspects of emergency preparedness and response. (c)

Membership

(1)

In general

The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of State and local government officials and emergency managers, and emergency response providers, from State and local governments, the private sector, and nongovernmental organizations, including as appropriate— (A)members selected from the emergency preparedness and response fields, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency preparedness and response personnel, or organizations representing such members; (B)health scientists, emergency and inpatient medical providers, and public health professionals; (C)experts representing standards setting organizations; (D)State and local government officials with expertise in terrorism preparedness and emergency preparedness and response; (E)elected State and local government executives; (F)experts in public and private sector infrastructure protection, cybersecurity, and communications; (G)representatives of the disabled and other special needs populations; and (H)such other individuals as the Administrator determines to be appropriate. (d)

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.

519.

National Incident Management System Integration Center

(a)

In General

There is in the Authority a National Incident Management System Integration Center. (b)

Responsibilities

(1)

In general

The Administrator, through the National Incident Management System Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, any other document or tool in support of Homeland Security Presidential Directive 5, or any other Homeland Security Presidential Directive relating to incident management and response. (2)

Specific responsibilities

The National Incident Management System Integration Center shall— (A)periodically review, and revise, as appropriate, the National Incident Management System and the National Response Plan; (B)review other matters relating to the National Incident Management System and the National Response Plan, as the Administrator may require; (C)develop and implement a national program for National Incident Management System and National Response Plan education and awareness; (D)oversee all aspects of the National Incident Management System, including the development of compliance criteria and implementation activities at Federal, State, and local government levels; (E)provide guidance and assistance to States and local governments and emergency response providers, in adopting the National Incident Management System; and (F)perform such other duties relating to such responsibilities as the Administrator may require.

520.

National Operations Center

(a)

Definition

In this section, the term situational awareness means information gathered from a variety of sources that, when communicated to emergency preparedness and response managers and decision makers, can form the basis for incident management decisionmaking. (b)

Establishment

There is established in the Department a National Operations Center. (c)

Purpose

The purposes of the National Operations Center are to— (1)coordinate the national response to any natural or man-made disaster, as determined by the Secretary; (2)provide situational awareness and a common operating picture for the entire Federal Government, and for State and local governments as appropriate, for an event described in paragraph (1); (3)collect and analyze information to help deter, detect, and prevent terrorist acts; (4)disseminate terrorism and disaster-related information to Federal, State, and local governments; (5)ensure that critical terrorism and disaster-related information reaches government decision-makers; and (6)perform such other duties as the Secretary may require. (d)

Responsibilities

The National Operations Center shall carry out the responsibilities of the Homeland Security Operations Center, the National Response Coordination Center, and the Interagency Incident Management Group, as constituted on September 1, 2005.

521.

Chief Medical Officer

(a)

In General

There is in the Authority 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 Administrator. (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 natural and man-made disasters, including— (1)serving as the principal advisor to the Secretary and the Administrator on medical and public health issues; (2)coordinating the biosurveillance and detection activities of the Department; (3)ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support; (4)serving as the Department’s primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical and public health issues; (5)serving as the Department’s primary point of contact for State and local government, the medical community, and others within and outside the Department, with respect to medical and public health matters; (6)discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Department related to Project Bioshield; (7)establishing doctrine and priorities for the National Disaster Medical System, consistent with the National Response Plan and the National Incident Management System, supervising its medical components, and exercising predeployment operational control, including— (A)determining composition of the teams; (B)overseeing credentialing of the teams; and (C)training personnel of the teams; (8)managing the Metropolitan Medical Response System, including establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National Incident Management System, and developing and overseeing standards, plans, training, and exercises and coordinating with the Office of Grants and Training on the use and distribution of Metropolitan Medical Response grants; (9)assessing and monitoring long-term health issues of emergency managers and emergency response providers; (10)developing and updating, in consultation with the Secretary of Health and Human Services, guidelines for State and local governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapon attacks; (11)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; (12)establishing and providing oversight for the Department’s occupational health and safety program, including workforce health; and (13)performing such other duties relating to such responsibilities as the Secretary or the Administrator may require. (d)

Long-Term Health Assessment Program

(1)

In general

The Chief Medical Officer, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish a program to assess, monitor, and study the health and safety of emergency managers and emergency response 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 an Incident of National Significance.

522.

Public and community Preparedness

The Administrator shall promote public and community preparedness.

523.

Basic life supporting first aid education for children

(a)

Definitions

In this section— (1)the term age-appropriate means information, education, and skills suitable for the individual to understand and perform; (2)the term appropriate municipal entity means an agency of a unit of local government that is an emergency response provider or provides other similar medical services or training, including a fire department, law enforcement agency, hospital, school nurse, or emergency medical services provider; (3)the term children means individuals under the age of 18 years enrolled in grades kindergarten through 12; (4)the term emergency medical professional means an individual certified by a State in emergency medical services; (5)the term life supporting first aid includes cardiopulmonary resuscitation, the use of an automatic external defibrillator, the Heimlich maneuver, blood-borne and biohazardous precautions, bleed control, and other life-sustaining procedures in the event of an emergency; and (6)the term selected organization means the organization contracting with the Secretary of Homeland Security under subsection (b). (b)

Authority

The Secretary of Homeland Security, acting through the Chief Medical Officer, and in consultation with the Secretary of Education, shall enter into an agreement with an organization, under which such organization shall provide funds to appropriate municipal entities to provide education and training in life supporting first aid to children, including scene safety procedures. (c)

Eligibility

In selecting an organization, the Secretary shall consider and give priority to an organization that— (1)has experience in training individuals (especially children) to be active bystanders, equipped with life supporting first aid skills to assist during emergencies; (2)recognizes that life supporting first aid techniques are essential to maintaining life before the arrival of emergency response providers; (3)uses emergency medical professionals as instructors to teach life supporting first aid techniques to children and adults; (4)works with Federal, State, and local government entities and the private sector to highlight the importance of public emergency preparedness and effective emergency response; (5)has developed and implemented, before the date of entering a contract under subsection (b), a testing component for evaluation, accountability, and data collection; and (6)is an affiliate of the Citizens Corps of the Department of Homeland Security. (d)

Use of Funds

(1)

In general

Funds provided under this section by the selected organization to an appropriate municipal entity shall be used— (A)to create age-appropriate educational materials regarding life supporting first aid to be distributed to children; (B)to conduct training and clinical instruction of children in life supporting first aid; and (C)for data collection and statistical analysis. (2)

Priority

In providing funds to appropriate municipal entities under this section, the selected organization shall give priority to emergency medical services, fire departments, law enforcement agencies, hospitals, and school nurses.

524.

SAVER program

(a)

In General

In the Department there is a System Assessment and Validation for Emergency Responders Program to provide impartial evaluations of emergency response equipment and systems. (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 already been third-party certified to a 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 subsystems; and (4)provide information and feedback to emergency response providers through the Responder Knowledge Base of the National Memorial Institute for the Prevention of Terrorism, or other appropriate forum. (c)

Assessment and Validation Process

The assessment and validation of emergency response provider equipment and systems shall use 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)

Personal Protective Equipment

To the extent practical, the assessment and validation of personal protective equipment under this section shall be conducted by the National Personal Protective Technology Laboratory of the National Institute for Occupational Safety and Health.

525.

National Search and Rescue Response System

(a)

National Search and Rescue Response System

There is established in the Authority an emergency response system known as the National Search and Rescue Response System that provides a national network of standardized search and rescue resources to assist State and local governments in responding to any natural or man-made disaster. (b)

Administration of the System

(1)

Task force participation

The Administrator shall select eligible search and rescue teams that are sponsored by State and local government entities to participate as task forces in the National Search and Rescue Response System. The Administrator shall determine the criteria for such participation. (2)

Agreements with sponsoring agencies

The Administrator 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 National Search and Rescue Response System. (3)

Management and technical teams

The Administrator shall maintain such management and other technical teams as are necessary to administer the National Search and Rescue Response System.

526.

Metropolitan Medical Response System

(a)

In General

There is in the Authority a Metropolitan Medical Response System. Under the Metropolitan Medical Response System, the Assistant Secretary for Grants and Planning, in coordination with the Chief Medical Officer, shall administer grants to develop, maintain, and enhance medical preparedness systems that are capable of responding effectively to a public health crisis or mass-casualty event caused by a natural or man-made disaster. (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.

527.

The National Infrastructure Simulation and Analysis Center

(a)

Definition

In this section, the term National Infrastructure Simulation and Analysis Center means the National Infrastructure Simulation and Analysis Center established under section 1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)). (b)

Authority

(1)

In general

There is in the Authority the National Infrastructure Simulation and Analysis Center which shall serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to— (A)counterterrorism, threat assessment, and risk mitigation; and (B)a natural or man-made disaster. (2)

Infrastructure modeling

(A)

Particular support

The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems comprising critical infrastructure, in order to enhance critical infrastructure preparedness, protection, response, and recovery activities. (B)

Relationship with other agencies

Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the National Infrastructure Simulation and Analysis Center. (C)

Purpose

(i)

In general

The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected emergencies, natural disasters, terrorist attacks, or other catastrophic incidents. (ii)

Recipient of certain support

Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.

528.

Emergency Management Assistance Compact

(a)

In General

The Secretary, acting through the Administrator, may make grants for the purposes of administering and improving the Emergency Management Assistance Compact consented to by the Joint Resolution entitled Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact (Public Law 104–321; 110 Stat. 3877). (b)

Uses

A grant under this section shall be used to— (1)carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact; (2)coordinate with the Department and other Federal Government agencies; (3)coordinate with State and local government entities and their respective national associations; (4)assist State and local governments, emergency response providers, and organizations representing such members with credentialing emergency response providers and the typing of emergency response resources; or (5)administer the operations of the Emergency Management Assistance Compact.

529.

Office for the Prevention of Terrorism

(a)

Establishment

There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director. (b)

Director

(1)

Reporting

The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary. (2)

Qualifications

The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other anti-terrorist functions. (c)

Assignment of Personnel

(1)

In general

The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section. (2)

Liaisons

The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act a liaison between that component and the Office for the Prevention of Terrorism. (d)

Responsibilities

The Director of the Office for the Prevention of Terrorism shall— (1)coordinate policy and operations between the Department and State and local government agencies relating to preventing acts of terrorism within the United States; (2)serve as a liaison between State and local law enforcement agencies and the Department; (3)in coordination with the Office of Intelligence, develop better methods for the sharing of intelligence with State and local law enforcement agencies; (4)work with the Assistant Secretary of the Office of Grants and Training to ensure that homeland security grants to State and local agencies, including the Law Enforcement Terrorism Prevention Program, Commercial Equipment Direct Assistance Program, grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities; and (5)coordinate with the Authority, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to develop national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers. (e)

Pilot Project

(1)

In general

The Director of the Office for the Prevention of Terrorism, in coordination with the Director for Response, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams. (2)

Function

The law enforcement deployment teams participating in the pilot program under this subsection shall form the basis of a national network of standardized law enforcement resources to assist State and local governments in responding to a natural or man-made disaster. (f)

Construction

Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.

530.

Department officials

(a)

Cybersecurity and Telecommunications

There is in the Department an Assistant Secretary for Cybersecurity and Telecommunications. (b)

United States Fire Administration

The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.

531.

Credentialing

(a)

Definitions

In this section— (1)the term credential means to provide documentation that can authenticate and verify the qualifications and identity of managers of incidents, emergency response providers, and other appropriate personnel, including by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for their position; (2)the term credentialing means evaluating an individual’s qualifications for a specific position under guidelines created in this section and assigning such individual a qualification under the standards developed in this section; and (3)the term credentialed means an individual has been evaluated for a specific position under the guidelines created under this section. (b)

Requirements

(1)

In general

The Administrator shall enter into a memorandum of understanding to collaborate with State and local governments, emergency response providers, and the organizations that represent them, to establish in consultation with the Authority nationwide standards for credentialing all personnel who are likely to respond to an emergency or major disaster. (2)

Contents

The standards developed under paragraph (1) shall— (A)include the minimum professional qualifications, certifications, training, and education requirements for specific emergency response functional positions that are applicable to Federal, State and local government; (B)be compatible with the National Incident Management System; and (C)be consistent with standards for advance registration for health professions volunteers under section 319I of the Public Health Services Act (42 U.S.C. 247d–7b). (3)

Timeframe

The Administrator shall develop standards under paragraph (1) not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006. (c)

Credentialing of Department Personnel

(1)

In general

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Secretary and the Administrator shall ensure that all personnel of the Department (including temporary personnel and individuals in the surge capacity force established under section 304 of the Post Katrina Emergency Management Reform Act of 2006) who are likely to respond to an emergency or major disaster are credentialed. (2)

Strategic human capital plan

Not later than 90 days after completion of the credentialing under paragraph (1), the Administrator shall evaluate whether the workforce of the Authority complies with the Strategic Human Capital Plan of the Authority developed under section 301 of the Post Katrina Emergency Management Reform Act of 2006 and is sufficient to respond to a catastrophic incident. (d)

Integration With National Response Plan

(1)

Distribution of standards

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan. (2)

Credentialing of agencies

Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall— (A)ensure that all employees or volunteers of that agency who are likely to respond to an emergency or major disaster are credentialed; and (B)submit to the Secretary the name of each credentialed employee or volunteer of such agency. (3)

Leadership

The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the credentialing process of that agency. (e)

Documentation and Database System

(1)

In general

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall establish and maintain a documentation and database system of Federal emergency response providers and all other Federal personnel credentialed to respond to an emergency or major disaster. (2)

Accessibility

The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to an emergency or major disaster. (3)

Considerations

The Administrator shall consider whether the credentialing system can be used to regulate access to areas affected by a major disaster. (f)

Guidance to State and Local Governments

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall— (1)in collaboration with the Emergency Management Assistance Compact provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the credentialing of State and local emergency response providers commonly or likely to be used in responding to an emergency or major disaster; and (2)in coordination with the Emergency Management Assistance Compact and appropriate national professional organizations, assist State and local governments with credentialing the personnel of the State or local government under the guidance provided under paragraph (1). (g)

Grants

The Secretary may make grants to State and local governments, emergency response providers, and organizations that represent them. (h)

Report

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006 and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and level of qualification of Federal personnel trained and ready to respond to an emergency or major disaster.

532.

Typing of resources

(a)

Definitions

In this section— (1)the term typed means an asset or resource that has been evaluated for a specific function under the guidelines created under this section; and (2)the term typing means to define in detail the minimum capabilities of an asset or resource. (b)

Requirements

(1)

In general

The Administrator, shall enter into a memorandum of understanding to collaborate with the State and local governments, emergency response providers, and organizations that represent them, to establish in consultation with the Administration, nationwide standards for typing of resources commonly or likely to be used in responding to an emergency or major disaster. (2)

Contents

The standards developed under paragraph (1) shall— (A)be applicable to Federal, State, and local government; and (B)be compatible with the National Incident Management System. (c)

Typing of Department Resources and Assets

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Secretary shall ensure that all resources and assets of the Department that are commonly or likely to be used to respond to an emergency or major disaster are typed. (d)

Integration With National Response Plan

(1)

Distribution of standards

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan. (2)

Typing of agencies, assets and resources

Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall— (A)ensure that all resources and assets (including teams, equipment, and other assets) of that agency that are commonly or likely to be used to respond to an emergency or major disaster are typed; and (B)submit to the Secretary a list of all types resources and assets. (3)

Leadership

The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the typing process of that agency. (e)

Documentation and Database System

(1)

In general

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall establish and maintain a documentation and database system of Federal resources and assets commonly or likely to be used to respond to an emergency or major disaster. (2)

Accessibility

The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to an emergency or major disaster. (f)

Guidance to State and Local Governments

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator in collaboration with State and local governments, emergency response providers, and the organizations that represent them, shall— (1)provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the typing of the resources and assets of State and local governments likely to be used in responding to an emergency or major disaster; and (2)assist State and local governments with typing resources and assets of State or local governments under the guidance provided under paragraph (1). (g)

Grants

The Secretary may make grants to State and local governments, emergency response providers, and the organizations that represent them, to develop and maintain a database of typed resources of State and local governments. (h)

Report

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006 and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and type of Federal resources and assets ready to respond to an emergency or major disaster.

533.

Providing secure access to critical infrastructure

Not later than 6 months after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, and in coordination with appropriate national professional organizations, Federal, State, and local government agencies, and private-sector and nongovernmental entities, the Administrator shall create model standards or guidelines that States may adopt in conjunction with critical infrastructure owners and operators and their employees to permit access to restricted areas in the event of an emergency or major disaster.

534.

Improvements to Information Technology Systems

(a)

Measures to Improve Information Technology Systems

The Administrator shall take appropriate measures to update and improve the information technology systems of the Authority, including measures to— (1)ensure that the multiple information technology systems of the Authority (including the National Emergency Management Information System, the Logistics Information Management System III, and the Automated Deployment Database) are fully compatible and can share and access information from each other; (2)ensure technology enhancements reach the headquarters and regional offices of the Authority in a timely fashion, to allow seamless integration; (3)develop and maintain a testing environment that ensures that all system components are properly and thoroughly tested before their release; (4)ensure that the information technology systems of the Authority have the capacity to track disaster response personnel, mission assignments task orders, commodities, and supplies used in response to an emergency or major disaster; (5)make appropriate improvements to the National Emergency Management Information System to address current shortcomings; and (6)provide training, manuals, and guidance on information technology systems to personnel, including disaster response personnel, to help ensure employees can properly use information technology systems. (b)

Report

Not later than 270 days after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including any actions taken, improvements made, any remaining problems and describing any additional funding needed to make necessary and appropriate improvements to the information technology systems of the Authority.

535.

Hurricane and tsunami evacuation technical assistance

(a)

In General

The Administrator shall provide technical assistance to States and local governments that experience hurricanes, tsunamis or other severe weather events, including the preparation of hurricane evacuation studies and evacuation plans assessing current storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity. (b)

Plan and Schedule

(1)

In general

Not later than 180 days after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Administrator shall— (A)establish a plan and schedule for completing, maintaining, and periodically updating evacuation studies carried out by the Administrator to ensure that States and local governments that experience hurricanes, tsunamis, or other severe weather events have current and complete information available to them for the preparation of their own evacuation plans; and (B)include in the plan and schedule annual maintenance and updates of existing hurricane evacuation studies following each hurricane season for those basins impacted by a hurricane. (2)

Previously initiated studies

Any evacuation study initiated prior to the promulgation of a plan and schedule established under subsection (a) shall be completed not later than January 1, 2008. (c)

Assistance and Guidelines

The Administrator shall develop guidelines for the preparation of, and assist each State that is eligible for assistance under this section in producing a State pre-storm evacuation and shelter plan which shall address the following: (1)Information, guidance, and data contained in current hurricane evacuation studies and other models or projections of current storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity. (2)Guidance regarding storm surge and evacuation-related estimates projections provided by the National Weather Service or the National Oceanic and Atmospheric Administration. (3)State planning assumptions, procedures and guidelines for pre-storm evacuation-decision making and sheltering based on current hurricane evacuation studies and published guidance by the Authority. (4)Transportation and shelter capabilities or resources that will be available and used by the State and by each county, parish or municipality to implement the State pre-storm evacuation and shelter plan. (5)Estimated costs for the State and for each county or parish to provide pre-storm evacuation and sheltering based on historical data, current cost estimates developed by the State Comptroller that are updated after each hurricane season. (6)Document limitations on State, county, parish, or city resources or capability to provide for pre-storm evacuation and shelter and the planning assumptions of the State regarding the need for Federal assistance to compensate for such limitations. (d)

Report to Congress

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, and annually thereafter, the Administrator shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives on the actions taken by the Administrator to carry out the provisions of this section, including the status of evacuation studies, State evacuation and shelter plans, and the incorporation of lessons learned from post-storm assessments.

; and (8)by inserting after section 541 (as redesignated by paragraph (6) of this subsection) the following: B

Emergency Communications

551.

Definitions

In this subtitle— (1)the term eligible region means— (A)2 or more contiguous incorporated municipalities, counties, parishes, Indian tribes or other general purpose jurisdictions that— (i)have joined together to enhance emergency communications capabilities or communications interoperability between emergency response providers in those jurisdictions and with State and Federal officials; and (ii)includes the largest city in any metropolitan statistical area, as defined by the Office of Management and Budget; or (B)any other area the Secretary determines to be consistent with the definition of a region in the national preparedness guidance issued under Homeland Security Presidential Directive 8; (2)the term National Emergency Communications Strategy means the strategy established under section 553; and (3)the term Office of Emergency Communications means the office established under section 552.

552.

Office of Emergency Communications

(a)

In General

There is established in the Authority an Office of Emergency Communications. (b)

Director

The head of the Office of Emergency Communications shall be the Director for Emergency Communications. The Director shall report to the Assistant Secretary for Cybersecurity and Telecommunications. (c)

Responsibilities

The Director 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)); (2)carry out the responsibilities and authorities of the Department relating to the development and implementation of a strategy to achieve communications interoperability and emergency communications capabilities and promulgating grant guidance for that purpose; (3)carry out the responsibilities under section 541; (4)conduct extensive, nationwide outreach and foster the development of emergency communications capabilities and interoperable communications systems by State and local governments and public safety agencies, and by regional consortia thereof, by— (A)developing, updating, and implementing a national strategy to achieve emergency communications capabilities, with goals and timetables; (B)developing, updating, and implementing a national strategy to achieve communications interoperability, with goals and timetables; (C)developing a national architecture, which defines the components of an interoperable system and how the components are constructed; (D)establishing and maintaining a task force that represents the broad customer base of public safety agencies of State and local governments, and Federal agencies, involved in public safety disciplines such as law enforcement, firefighting, emergency medical services, public health, and disaster recovery, in order to receive input and coordinate efforts to achieve emergency communications capabilities and communications interoperability; (E)working with the Office of Grants and Training Interoperable Communications Technical Assistance Program to provide technical assistance to State and local government officials and the Regional Advisory Councils established under section 513; (F)promoting a greater understanding of the importance of emergency communications capabilities, communications interoperability, and the benefits of sharing resources among all levels of Federal, State, and local government; (G)promoting development of standard operating procedures for incident response and facilitating the sharing of information on best practices (including from governments abroad) for achieving emergency communications capabilities and communications interoperability; (H)making recommendations to Congress about any changes in Federal law necessary to remove barriers to achieving emergency communications capabilities and communications interoperability; (I)funding and conducting pilot programs, as necessary, in order to— (i)evaluate and validate technology concepts in real-world environments to achieve emergency communications capabilities and communications interoperability; (ii)encourage more efficient use of resources, including equipment and spectrum; and (iii)test and deploy public safety communications systems that are less prone to failure, support nonvoice services, consume less spectrum, and cost less; (J)liaisoning with the private sector to develop solutions to improve emergency communications capabilities and achieve communications interoperability; (K)using modeling and simulation for training exercises and command and control functions at the operational level; and (L)performing other functions necessary to improve emergency communications capabilities and achieve communications interoperability; (5)administer the responsibilities and authorities of the Department relating to the Integrated Wireless Network Program; (6)administer the National Communications System of the Department under the Preparedness Directorate; (7)administer responsibilities and authorities of the Department related to the Emergency Alert System and the Integrated Public Alert and Warning System of the Federal Emergency Management Agency; (8)administer the responsibilities and authorities of the Office of Interoperability and Compatibility; (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)review, in consultation with the Assistant Secretary for Grants and Training, all interoperable emergency communications plans of Federal, State, and local governments, including Statewide and tactical interoperability plans; and (12)through the National Communications System, create an interactive database that contains an inventory of emergency communications assets maintained by the Federal Government and where appropriate, State and local governments and the private sector, that— (A)can be deployed rapidly following a natural or man-made disaster to assist emergency response providers and State and local governments; and (B)includes land mobile radio systems, satellite phones, portable infrastructure equipment, backup power system equipment, and other appropriate equipment and systems.

553.

National Emergency Communications Strategy

(a)

In General

Not later than 180 days after the completion of the baseline assessment under section 554, and in cooperation with State and local governments, Federal departments and agencies, emergency response providers, and the private sector, the Secretary, acting through the Director for Emergency Communications, shall develop a National Emergency Communications Strategy to achieve emergency communications capabilities and interoperable emergency communications. (b)

Contents

The National Emergency Communication Strategy shall— (1)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; (2)identify the appropriate emergency communications capabilities and communications interoperability necessary for Federal, State, and local governments to operate during natural and man-made disasters. (3)address both short-term and long-term solutions to achieving Federal, State, and local emergency communications capabilities and interoperable emergency communications systems, including provision of commercially available equipment that facilitates operability, interoperability, coordination, and integration among emergency communications systems; (4)identify how Federal Government departments and agencies that respond to natural or man-made disasters can work effectively with State and local governments, in all States, and with such other entities as are necessary to implement the strategy; (5)include measures to identify and overcome all obstacles to achieving interoperable emergency communications; (6)set goals and establish timetables for the development of an emergency, command-level communication system based on equipment available across the United States and a nationwide interoperable emergency communications system; (7)identify appropriate and reasonable measures public safety agencies should employ to ensure that their network infrastructure maintains operability during a natural or man-made disaster; (8)include education of State and local emergency response personnel about the availability of backup emergency communications assets and their importance in planning for natural and man-made disasters; and (9)identify, in consultation with the Federal Communications Commission, measures States and localities should employ to ensure operability of 911, E911 and public safety answering points during natural and man-made disasters.

554.

Assessments and reports

(a)

Baseline Operability and Interoperability Assessment

Not later than June 1, 2000, and periodically thereafter, but not less frequently than every 5 years, the Secretary, acting through the Director for Emergency Communications, shall conduct an assessment of Federal, State, and local governments to— (1)define the range of emergency communications capabilities and communications interoperability needed for specific events; (2)assess the capabilities to meet such communications needs; (3)determine the degree to which necessary emergency communications capabilities and communications interoperability have been achieved; (4)ascertain the needs that remain for communications interoperability to be achieved; (5)assess the ability of communities to provide and maintain emergency communications capabilities and communications interoperability among emergency response providers, and government officials in the event of a natural or man-made disaster, including when there is substantial damage to ordinary communications infrastructure or a sustained loss of electricity; (6)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 emergency communications system; (7)compile a list of best practices among communities for providing and maintaining emergency communications capabilities and communications interoperability in the event of a natural or man-made disaster; and (8)evaluate the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of acts of terrorism, natural disasters, or other emergencies. (b)

Annual Report

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, and annually thereafter until the date that is 10 years after such date, the Secretary, acting through the Director for Emergency Communications, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Department in implementing and achieving the goals of this subtitle, including a description of the findings of the most recent nationwide assessment conducted under subsection (a).

555.

Coordination of Federal Emergency Communications grant programs

(a)

Assessment of Grants and Standards Programs

The Secretary, acting through the Director for Emergency Communications, in coordination with other Federal departments and agencies, shall review Federal emergency communications grants and standards programs across the Federal government to— (1)integrate and coordinate Federal grant guidelines for the use of Federal assistance relating to interoperable emergency communications and emergency communications capabilities; (2)assess and make recommendations to ensure that such guidelines are consistent across the Federal Government; 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 may prohibit any State or local government from using Federal homeland security assistance administered by the Department to achieve, maintain, or enhance interoperable emergency communications capabilities if— (A)such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); (B)the State or local government has not taken adequate steps to maintain operability of network infrastructure during a natural or man-made disaster; or (C)a grant request does not comply with interoperable communications equipment standards after those standards have been developed through a voluntary consensus-based process or are promulgated pursuant to the authority under paragraph (2). (2)

Standards

If the Secretary determines that inadequate progress is being made on the completion of voluntary consensus-based interoperable communications equipment standards, the Secretary may promulgate such standards and include them in interoperable communications grant guidance.

556.

Emergency Communications interoperability research and development

(a)

In General

The Secretary shall establish a comprehensive research and development program to promote emergency communications capabilities and communications interoperability among emergency response providers, including by— (1)promoting research on a competitive basis through the Directorate of Science and Technology Homeland Security Advanced Research Projects Agency; and (2)establishing a Center of Excellence under the Department of Homeland Security Centers of Excellence Program, using a competitive process, focused on enhancing information and communications systems for emergency response providers. (b)

Purposes

The purposes of the program established under subsection (a) include— (1)understanding the strengths and weaknesses of the diverse public safety communications systems currently in use; (2)examining how current and emerging technology can make public safety organizations more effective, and how Federal, State, and local government agencies can use this technology in a coherent and cost-effective manner; (3)exploring Federal, State, and local government policies that shall move systematically towards long-term solutions; (4)evaluating and validating technology concepts, and promoting the deployment of advanced public safety information technologies for emergency communications capabilities and communications interoperability; and (5)advancing the creation of a national strategy to enhance emergency communications capabilities, promote interoperability and efficient use of spectrum in communications systems, improve information sharing across organizations, and use advanced information technology to increase the effectiveness of first responders in valuable new ways.

557.

Emergency Communications pilot projects

(a)

Establishment

(1)

In general

Not later than 1 year after the date of enactment of the Post Katrina Emergency Management Reform Act of 2006, the Secretary shall establish not fewer than 2 pilot projects to develop and evaluate strategies and technologies for providing and maintaining emergency communications capabilities communications interoperability among emergency response providers and government officials in the event of a natural or man-made disaster in which there is significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity. (2)

Interoperable data communications

At least 1 pilot project under this section shall involve the development of interoperable data communications, including medical and victim information, so that this information can be shared among responders, as needed, at all levels of government. (b)

Selection Criteria

In selecting areas for the location of the pilot projects under this section, the Secretary shall consider— (1)the risk to the area from a large-scale terrorist attack or natural disaster; (2)the number of potential victims from a large-scale terrorist attack or natural disaster in the area; (3)the capabilities of the emergency communications systems of the area and capabilities for the development of modeling and simulation training and command and control functions; and (4)such other criteria as the Secretary may determine appropriate.

558.

Emergency Communications and interoperability grants

(a)

In General

The Secretary, through the Office of the Grants and Training, shall make grants to States and eligible regions for initiatives necessary to improve emergency communications capabilities and to achieve short-term or long-term solutions to statewide, regional, national, and, where appropriate, international interoperability. (b)

Use of Grant Funds

Grants awarded under subsection (a) may be used for initiatives to achieve short-term or long-term solutions for emergency communications capabilities and communications interoperability within the State or region and to assist with any aspect of the communication life cycle, including— (1)statewide or regional communications planning; (2)system design and engineering; (3)procurement and installation of equipment; (4)exercises; (5)modeling and simulation exercises for operational command and control functions; (6)other activities determined by the Secretary to be integral to the achievement of emergency communications capabilities and communications interoperability; and (7)technical assistance and training. (c)

Coordination

The Secretary shall ensure that the Office of Grants and Training coordinates its activities with the Office of Emergency Communications, the Directorate of Science and Technology and other Federal entities so that grants awarded under this section, and other grant programs related to homeland security, fulfill the purposes of this section and facilitate the achievement of emergency communications capabilities and communications interoperability consistent with the national strategy. (d)

Application

(1)

In general

A State or eligible region desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2)

Minimum contents

At a minimum, each application submitted under paragraph (1) shall— (A)identify the critical aspects of the communications life cycle, including planning, system design and engineering, procurement and installation, and training for which funding is requested; (B)describe how— (i)the proposed use of funds would be consistent with and address the goals in any applicable State homeland security plan, and, unless the Secretary determines otherwise, are consistent with the national strategy and architecture; and (ii)the applicant intends to spend funds under the grant, to administer such funds, and to allocate such funds among any participating local governments; and (C)be consistent with the Interoperable Communications Plan required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)). (e)

State Review and Submission

(1)

In general

To ensure consistency with State homeland security plans, an eligible region applying for a grant under this section shall submit its application to each State within which any part of the eligible region is located for review before submission of such application to the Secretary. (2)

Deadline

Not later than 30 days after receiving an application from an eligible region under paragraph (1), each such State shall transmit the application to the Secretary. (3)

State disagreement

If the Governor of any such State determines that a regional application is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall— (A)notify the Secretary in writing of that fact; and (B)provide an explanation of the reasons for not supporting the application at the time of transmission of the application. (f)

Award of Grants

(1)

Considerations

In approving applications and awarding grants under this section, the Secretary shall consider— (A)the nature of the threat to the State or eligible region from natural or man-made disasters; (B)the location, risk, or vulnerability of critical infrastructure and key national assets, including the consequences from damage to critical infrastructure in nearby jurisdictions as a result of a natural or man-made disaster; (C)the size of the population, and the population density of the area, that will be served by the interoperable emergency communications systems, except that the Secretary shall not establish a minimum population requirement that would disqualify from consideration an area that otherwise faces significant threats, vulnerabilities, or consequences from a natural or man-made disaster; (D)the extent to which grants will be used to implement emergency communications and interoperability solutions— (i)consistent with the national strategy and compatible with national infrastructure and equipment standards; and (ii)more efficient and cost effective than current approaches; (E)the number of jurisdictions within regions participating in the development of emergency communications capabilities and interoperable emergency communications systems, including the extent to which the application includes all incorporated municipalities, counties, parishes, and tribal governments within the State or eligible region, and their coordination with Federal and State agencies; (F)the extent to which a grant would expedite the achievement of emergency communications capabilities and communications interoperability in the State or eligible region with Federal, State, and local government agencies; (G)the extent to which a State or eligible region, given its financial capability, demonstrates its commitment to expeditiously achieving emergency communications capabilities and communications interoperability by supplementing Federal funds with non-Federal funds; (H)whether the State or eligible region is on or near an international border; (I)whether the State or eligible region encompasses an economically significant border crossing; (J)whether the State or eligible region has a coastline bordering an ocean or international waters; (K)the extent to which geographic barriers pose unusual obstacles to achieving emergency communications capabilities or communications interoperability; (L)the threats, vulnerabilities, and consequences faced by the State or eligible region related to at-risk site or activities in nearby jurisdictions, including the need to respond to natural or man-made disasters arising in those jurisdictions; (M)the need to achieve nationwide emergency communications capabilities and communications interoperability, consistent with the national strategies; (N)the extent to which the State has formulated a State executive interoperability committee or conducted similar statewide planning efforts; and (O)such other factors as are specified by the Secretary in writing. (2)

Review panel

(A)

In general

The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section. (B)

Recommendations

The review panel established under subparagraph (A) shall make recommendations to the Secretary regarding applications for grants under this section. (C)

Membership

The review panel established under subparagraph (A) shall include individuals with technical expertise in emergency communications and communications interoperability and emergency response providers and other relevant State and local officials. (3)

Availability of funds

Any grant funds awarded that may be used to support emergency communications capabilities or communications interoperability shall, as the Secretary may determine, remain available for up to 3 years, consistent with section 7303(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).

.

102.

Conforming amendments relating to intelligence reform

Section 7303(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) is amended— (1)by striking paragraph (1) and inserting the following: (1)

Interoperable emergency communications system and communications interoperability

The terms interoperable emergency communications system and communications interoperability mean the ability of emergency response providers and relevant Federal, State, and local government agencies to— (A)communicate with each other as necessary, using information technology systems and radio communications systems; and (B)exchange voice, data, or video with each other on demand, in real time, as necessary. ; and (2)by adding at the end the following: (3)

Emergency communications capabilities

The term emergency communications capabilities means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency responders, agencies, and government officials from multiple disciplines and jurisdictions and at all levels of government in the event of a natural disaster, terrorist attack, or other large-scale or catastrophic emergency, including where there has been significant damage to, or destruction of, critical infrastructure, substantial loss of ordinary telecommunications infrastructure, and sustained loss of electricity. .

103.

Communication system grants

(a)

Definitions

In this section— (1)the term demonstration project means a demonstration project established under subsection (b)(1); (2)the term emergency response provider has the meaning given that term in section 2(7) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)), as redesignated by this Act; and (3)the term interoperable emergency communications system has the meaning given that term in paragraph (10) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this Act. (b)

In General

(1)

Establishment

There is established in the Department an International Border Community Interoperable Communications Demonstration Project. (2)

Minimum number of communities

The Secretary shall select not fewer than 6 communities to participate in a demonstration project. (3)

Location of communities

Not fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and not fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States. (c)

Project Requirements

A demonstration project shall— (1)address the interoperable emergency communications system needs of police officers, firefighters, emergency medical technicians, National Guard, and other emergency response providers; (2)foster interoperable emergency communications systems— (A)among Federal, State, local, and tribal government agencies in the United States involved in preventing or responding to terrorist attacks or other catastrophic events; and (B)with similar agencies in Canada or Mexico; (3)identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment; (4)foster the standardization of equipment for interoperable emergency communications systems; (5)identify solutions that will facilitate communications interoperability across national borders expeditiously; (6)ensure that emergency response providers can communicate with each other and the public at disaster sites or in the event of a terrorist attack or other catastrophic event; (7)provide training and equipment to enable emergency response providers to deal with threats and contingencies in a variety of environments; and (8)identify and secure appropriate joint-use equipment to ensure communications access. (d)

Distribution of Funds

(1)

In general

The Secretary shall distribute funds under this section to each community participating in a demonstration project through the State, or States, in which each community is located. (2)

Other participants

Not later than 60 days after receiving funds under paragraph (1), a State receiving funds under this section shall make the funds available to the local governments and emergency response providers selected by the Secretary to participate in a demonstration project. (e)

Reporting

Not later than December 31, 2007, and each year thereafter in which funds are appropriated for a demonstration project, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the demonstration projects.

104.

Technical and conforming amendments

(a)

Executive Schedule

(1)

Administrator

Section 5313 of title 5, United States Code, is amended by adding at the end the following: Administrator of the United States Emergency Management Authority. . (2)

Directors

Section 5314 of title 5, United States Code, is amended by adding at the end the following: Directors, United States Emergency Management Authority. . (3)

FEMA officers

(A)

Federal insurance administrator

Section 5315 of title 5, United States Code, is amended by striking Federal Insurance Administrator, Federal Emergency Management Agency. and inserting Insurance Administrator, United States Emergency Management Agency.. (B)

Inspector general

Section 5315 of title 5, United States Code, is amended by striking Inspector General, Federal Emergency Management Agency. and inserting Inspector General, United States Emergency Management Agency.. (C)

Chief information officer

Section 5315 of title 5, United States Code, is amended by striking Chief Information Officer, Federal Emergency Management Agency. and inserting Chief Information Officer, United States Emergency Management Agency.. (b)

Officers of the Department

Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— (1)by striking paragraph (5) and inserting the following: (5)An Administrator of the United States Emergency Management Authority. ; (2)by striking paragraph (2); and (3)by redesignating paragraphs (3) through (10) (as amended by this subsection) as paragraphs (2) through (9), respectively. (c)

References

Any reference to the Federal Emergency Management Agency, or the Director thereof, in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this title shall be considered to refer and apply to the United States Emergency Management Authority and the Administrator thereof, respectively. (d)

Table of Contents

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following: TITLE V—NATIONAL PREPAREDNESS AND RESPONSE Sec. 501. Definitions Subtitle A—Preparedness and Response Sec. 511. Definitions Sec. 512. United States Emergency Management Authority Sec. 513. Authorities and responsibilities Sec. 514. Authority components Sec. 515. Preserving the United States Emergency Management Authority Sec. 516. Directors Sec. 517. Regional Offices Sec. 518. National Advisory Council on Preparedness and Response Sec. 519. National Incident Management System Integration Center Sec. 520. National Operations Center Sec. 521. Chief Medical Officer Sec. 522. Public and community preparedness Sec. 523. Basic life supporting first aid education for children Sec. 524. SAVER Program Sec. 525. National Search and Rescue Response System Sec. 526. Metropolitan Medical Response System Sec. 527. National Infrastructure Simulation and Analysis Center Sec. 528. Emergency Management Assistance Compact authorization Sec. 529. Office for the Prevention of Terrorism Sec. 530. Department officials Sec. 531. Credentialing Sec. 532. Typing of resources Sec. 533. Providing secure access to critical infrastructure Sec. 534. Improvements to information technology systems Sec. 535. Hurricane and tsunami evacuation technical assistance Sec. 536. Nuclear incident response Sec. 537. Conduct of certain public health-related activities Sec. 538. Use of national private sector networks in emergency response Sec. 539. Use of commercially available technology, goods, and services Sec. 540. Procurement of security countermeasures for strategic national stockpile Sec. 541. Urban and other high risk area communications capabilities Subtitle B—Emergency Communications Sec. 551. Definitions Sec. 552. Office of Emergency Communications Sec. 553. National Emergency Communications Strategy Sec. 554. Assessments and reports Sec. 555. Coordination of Federal emergency communications grant programs Sec. 556. Emergency communications interoperability research and development Sec. 557. Emergency communications pilot projects Sec. 558. Emergency communications and interoperability grants .

.

212.

Individuals with disabilities

(a)

Standards

Not later than 90 days after the date of enactment of this Act, the Administrator shall develop standards to accommodate individuals with disabilities, which shall include standards for— (1)the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and (2)devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing. (b)

Nondiscrimination in Disaster Assistance

Section 308(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting disability, after age,. (c)

Essential Assistance

Section 403(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is amended— (1)in paragraph (2), by inserting durable medical equipment, after medicine; and (2)in paragraph (3)(B), by inserting durable medical equipment, after medicine. (d)

Repair, Restoration, and Replacement of Damaged Facilities

Section 406(e)(1)(A)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)(ii)) is amended by inserting disability accessibility requirements, after specifications . (e)

Federal Assistance to Individuals and Households

Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended— (1)in subsection (b)(1), by inserting , or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, after uninhabitable; and (2)in subsection (d)(1)(A)— (A)in clause (i), by striking and after the semicolon; (B)by redesignating clause (ii) as clause (iii); and (C)by inserting after clause (i) the following: (ii)meets the physical accessibility requirements for individuals with disabilities; and . (f)

Emergency Public Transportation

Section 419 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5186) is amended by inserting The President shall ensure to the maximum extent practicable that temporary public transportation services under this section are planned, designed, and carried out to meet the needs of individuals with disabilities and others with special needs. at the end. (g)

Exercises

The Administrator shall include individuals with disabilities in preparedness and planning activities.

213.

Disability Coordinator

The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 302 the following:

302A.

Disability Coordinator

(a)

In General

After consultation with organizations representing individuals with disabilities and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 312 note), the Administrator of the United States Emergency Management Agency shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. (b)

Responsibilities

The Disability Coordinator shall be responsible for— (1)providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (2)interacting directly with Administration staff, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of the Federal Government, and State and local government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (3)consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (4)coordinating and disseminating best practices and model evacuation plans for individuals with disabilities; (5)developing a curriculum for first responder training on the needs of individuals with disabilities, including the needs of individuals with physical disabilities and the needs of individuals with psychiatric disabilities; (6)developing training materials for State and local governmental officials, first responders, and others about the importance of allowing individuals with disabilities to retain their durable medical equipment, wheelchairs, service animals, and other assistive devices, to the maximum extent possible, in the aftermath of a major disaster; (7)working with the Director of the Centers for Medicare and Medicaid Services, durable medical equipment regional carriers, manufacturers and suppliers of durable medical equipment, and medical professionals to draft an emergency response plan for the temporary loan or replacement of durable medical equipment in the event of a major disaster; (8)ensuring the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; (9)working with the Chairman of the Federal Communications Commission to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; (10)coordinating the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (11)providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; (12)ensuring that meeting the needs of individuals with disabilities are included in any Federal emergency response plans; and (13)any other duties relevant to emergency preparedness an response for individuals with disabilities.

.

214.

Temporary housing

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by adding at the end the following— (iv)

Accessibility

(I)

In general

Not less than 5 percent of the total housing units provided under this subparagraph for a major disaster shall be made accessible for persons with mobility impairments. Not less than an additional 2 percent of such units shall be made accessible for persons with hearing or vision impairments. (II)

Increases

The President may increase a percentage under subclause (I) for any area upon request by any State or local government or agency, based upon demonstration to the reasonable satisfaction of the President of a need for a higher percentage, based on census data or other available data on the location of people with disabilities, or in response to evidence of a need for higher percentage or number received in any other manner. In reviewing a request under this subclause, or otherwise assessing the existence of such needs, the President shall take into account the expected needs of eligible persons with an without disabilities .

215.

GAO study on accessibility of emergency shelters

(a)

In General

The Comptroller General of the United States shall conduct a national study regarding whether, and, if so, to what extent, emergency shelters for use in response to a major disaster, as that term is defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) are accessible to, and usable by, individuals with disabilities. (b)

Report

Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report summarizing the results of this study to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Homeland Security and the Committee on Education and the Workforce of the House of Representatives.

216.

Reunification

(a)

Definitions

In this section: (1)

Child locator center

The term Child Locator Center means the National Emergency Child Locator Center established under subsection (c). (2)

Declared event

The term declared event means major disaster or emergency declared under the short title. (3)

Displaced adult

The term displaced adult means an individual 21 years of age or older who is displaced from the habitual residence of that individual as a result of a declared event. (4)

Displaced child

The term displaced child means an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of a declared event. (b)

National Emergency Child Locator Center

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States, in coordination with the Authority, shall establish within the National Center for Missing and Exploited Children the National Emergency Child Locator Center. (2)

Purposes

The purposes of the Child Locator Center are to— (A)enable individuals to provide to the Child Locator Center the name of and other identifying information about a displaced child or a displaced adult who may have information about the location of a displaced child; (B)enable individuals to receive information about other sources of information about displaced children and displaced adults; and (C)assist law enforcement in locating displaced children. (3)

Responsibilities and duties

The responsibilities and duties of the Child Locator Center are to— (A)establish a toll-free telephone number to receive reports of displaced children and information about displaced adults that may assist in locating displaced children; (B)create a website to provide information about displaced children; (C)deploy its staff to the location of a declared event to gather information about displaced children; (D)assist in the reunification of displaced children with their families; (E)provide information to the public about additional resources for disaster assistance; (F)work in partnership with Federal, State, and local law enforcement agencies; (G)provide technical assistance in locating displaced children; (H)share information on displaced children and displaced adults with governmental agencies and nongovernmental organizations providing disaster assistance; (I)use its resources to gather information about displaced children; (J)refer reports of displaced adults to an entity designated by the Attorney General to provide technical assistance in locating displaced adults; (K)enter into cooperative agreements with Federal and State agencies as necessary to implement the mission of the Child Locator Center; and (L)develop an emergency response plan to prepare for the activation of the Child Locator Center. (c)

Conforming Amendments

Section 403(1) of the Missing Children’s Assistance Act (42 U.S.C. 5772(1)) is amended— (1)in subparagraph (A), by striking or at the end; (2)in subparagraph (B), by adding or after the semicolon; and (3)by inserting after subparagraph (B) the following: (C)the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). .

217.

National Emergency Family Registry and Locator System

(a)

Definitions

In this section— (1)the term displaced individual means an individual displaced by an emergency or major disaster; and (2)the term National Emergency Family Registry and Locator System means the National Emergency Family Registry and Locator System established under subsection (b). (b)

Establishment

Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a National Emergency Family Registry and Locator System to help reunify families separated after an emergency or major disaster. (c)

Operation of System

The National Emergency Family Registry and Locator System shall— (1)allow a displaced individual to voluntarily register, by submitting personal information to be entered into a database (such as the name, current location of residence, and any other relevant information that could be used by others seeking to locate that individual); (2)include a means of providing information submitted under paragraph (1) to a family member of a displaced individual and to law enforcement officials; and (3)be accessible through the Internet and through a toll-free number, to receive reports of displaced individuals. (d)

Publication of Information

Not later than 210 days after the date of enactment of this Act, the Administrator shall establish a mechanism to inform the public about the National Emergency Family Registry and Locator System and its potential usefulness for assisting to reunite displaced individuals with their families. (e)

Coordination

Not later than 90 days after the date of enactment of this Act, the Administrator shall enter a memorandum of understanding with the Department of Justice, the National Center for Missing and Exploited Children, the Department of Health and Human Services, and the American Red Cross and other relevant private organizations that will enhance the sharing of information to facilitate reuniting displaced individuals with their families.

218.

Federal assistance to individuals and households

(a)

Shared Households

(1)

In general

Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is amended— (A)by striking The President may and inserting the following: (A)

In general

The President may ; and (B)by adding at the end the following: (B)

Shared households

(i)

Definition

In this subparagraph, the term member of the predisaster household means an individual who was a member of the predisaster household of the individual or a member of the predisaster household seeking assistance, as the case may be. (ii)

Eligibility for shared households

The President may not deny assistance to an individual or household under this section because a member of the predisaster household has already received assistance under this section, if the individual or household seeking assistance— (I)has evacuated the predisaster residence of that individual or household and who for good cause, as determined by the President, resides in a different location than a member of the predisaster household who has already received assistance under this section; (II)is a victim of domestic violence, dating violence, sexual assault or stalking and, in order to protect his or her safety or because of family or household break-up or divorce, resides in a different residence than the member of the predisaster household who has already received assistance under this section; or (III)has other good cause, as determined by the President, for maintaining a separate household from the member of the predisaster household who has already received assistance under this section. . (2)

Regulations

Not later than 180 days after the date of enactment of this Act, the President shall issue regulations to carry out the amendments made by this subsection. (b)

Utility Costs and Fair Market Rent

(1)

In general

Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended— (A)in clause (ii) by inserting (as determined by the Department of Housing and Urban Development) after rent; (B)in clause (ii) by inserting security deposits after hookups; (C)in clause (ii) by adding The assistance provided under clause (i) may be used for tenant-paid utilities, except telephones. at the end; and (D)by adding at the end the following: (iii)

Adjustments to amount

(I)

In general

The President shall provide assistance under clause (i) in an amount up to 120 percent of fair market rent plus the costs described in clause (ii) if the President determines that, as a result of rental market changes caused by the major disaster and its consequences, the fair market rent does not accurately reflect the reasonable cost of rental units available to individuals and households receiving assistance under clause (i). The President may provide assistance over 120 percent of fair market rent if the President determines that due to extraordinary circumstances a higher percentage is necessary. The President shall publicly announce any adjustment to the fair market rent in accordance with this subsection. (II)

Persons with disabilities

The President shall adjust the amount of assistance under clause (i) if the President deems such adjustment necessary to accommodate the special housing needs of an individual with disabilities as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)). . (2)

Emergency

Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended— (A)In paragraph 6, by striking and after the semicolon; (B)in paragraph 7, by striking the period and inserting ; and; and (C)by adding at the end the following: (8)provide excellerated Federal assistance in Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request in which the President— (A)shall, to the extent practicable, notify and coordinate with a State in which such assistance or support is provided; and (B)shall not, in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of an emergency. . (c)

Guidance on Housing Assistance

Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: (5)

Public guidance on housing assistance

(A)

In general

The President shall issue public guidance in simple terms explaining— (i)all types of housing assistance available under this Act to individuals and households affected by a major disaster; (ii)the specific requirements that individuals and households shall meet to be eligible for different types of housing assistance under this Act, including requirements for continuation of housing assistance provided; (iii)procedures for applying for such assistance; (iv)any relevant local condition; and (v)any modifications of previously announced policies or procedures. (B)

Form of issuing guidance

The President shall— (i)post the guidance described in subparagraph (A) on the website of the Authority; (ii)provide a copy of the guidance described in subparagraph (A) to any individual or household who requests housing assistance; and (iii)take other reasonable steps to ensure that the guidance described in subparagraph (A) is freely accessible to the public. (C)

Accessibility

The guidance under subparagraph (A) shall be issued in formats that may be understood by individuals with— (i)vison impairments; (ii)limited English proficiency; and (iii)other special needs. (D)

Revisions

Any revisions to the guidance described in subparagraph (A) shall be publicized as described in subparagraph (B). (E)

Deadline

Not later than 5 days after declaring a major disaster, the President shall publicize the guidance described in this section and any local modifications. The President shall also publicize any subsequent modifications to the policy guidance described in this section within not later than 2 days of the date of any such modification. .

219.

Mental health services

(a)

In General

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by striking section 416 and inserting the following:

416.

Mental health services

(a)

In General

The President is authorized to provide mental health and substance abuse services to individuals affected by a major disaster (including children and other vulnerable populations, and emergency response providers responding to a major disaster) to relieve or prevent mental health or substance abuse problems caused or aggravated by such major disaster or its aftermath. (b)

Types of Assistance

The assistance provided under subsection (a) may include providing financial assistance to Federal, State, or local government agencies or private mental health or substance abuse organizations to provide mental health or substance abuse services or train individuals to provide such services. (c)

Duration of Assistance

The President may provide an award of financial assistance described in this section for a period of no more than 9 months after the date of notice of the grant award. The President may extend the period of such an award for 90 days because of documented extraordinary circumstances. In limited circumstances, such as disasters of a catastrophic nature, the President may extend the period of such an award beyond 90 days if the President determines it is in the public interest.

. (b)

Response Plan

Not later than 180 days after the date of enactment of this Act, the Substance Abuse and Mental Health Services Administration and other Federal agencies providing mental health or substance abuse services, in coordination with the Administrator and State and local government officials with responsibilities for providing mental health or substance abuse prevention and services, shall— (1)conduct a survey of mental health or substance abuse services and any applicable support services available to individuals affected by major disasters and to emergency response providers responding to major disasters; and (2)develop a strategy for the adequate provision of mental health and substance abuse services to individuals affected by major disasters and to emergency response providers responding to major disasters.

220.

Language services

(a)

Definition

For purposes of this section— (1)the term documents includes— (A)emergency notifications, public broadcasts, flyers, brochures, applications, and letters containing important information regarding assistance authorized to be provided by the President under this Act; (B)notices pertaining to the reduction, denial, or termination of services or benefits under this Act, including the right to appeal such actions; and (C)notices of the availability of free language services and other outreach materials; and (2)the term appropriate population segments includes groups comprising a substantial portion of limited English proficient individuals in the area for which the President declares a major disaster. (b)

Purpose

The purpose of this section is to assist providers of disaster relief related services (1)to improve, through effective communication, the quality of disaster relief related information and services for individuals with limited English proficiency or individuals with disabilities or individuals with other special needs; and (2)to meet their obligation and responsibility to ensure equal access to such services for such individuals. (c)

Reasonable Steps To Ensure Effective Communication With People With Limited English Proficiency or Individuals With Disabilities

In carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President shall— (1)ensure that all Federal entities that provide assistance under this Act maintain, on a continuing and updated basis, the capability to administer competent interpretation and translation services; (2)consult available census data and communicate with State and local governments and relevant non-governmental organizations for the purposes of— (A)identifying individuals with limited English proficiency; and (B)including such individuals in disaster preparedness planning; (3)direct all Federal agencies to implement disaster relief assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by providing to appropriate population segments, in a timely manner, competent interpretation services and translated documents; (4)provide documents to individuals with disabilities or other special needs in formats they can understand; (5)ensure that translated documents are provided to organizations that could assist with their distribution to affected population segments; (6)have available for activation disaster assistance employees sufficient to comply with (1), (2), (3), and (4); and (7)develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing disaster and emergency related services. (d)

Technical Assistance for Development of Plans and Programs

Section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by inserting with and without English proficiency, disabilities, or other special needs, after to individuals.

221.

Standards for State and local emergency Preparedness operational plans

(a)

Standards

Section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) is amended by redesignating subsection (g) as subsection (h) and inserting the following: (g)

Standards for State and Local Emergency Preparedness Plans

In approving standards for State and local emergency preparedness plans under subsection (b)(3), the Administrator shall ensure that such plans take into account the needs of individuals with special needs and requirements as described in Section 611(f) and individuals with pets as described in Section 611(g). . (b)

Planning for Special Needs

Section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196) is amended by redesignating subsections (f) through (k) as subsections (h) through (m) and inserting the following: (f)The Administrator of the United States Emergency Management Authority, shall take appropriate actions to ensure that each State, in its Homeland Security Strategy or other homeland security plan, provides detailed and comprehensive pre-disaster and post-disaster plans for individuals with special needs and their care givers, including but not limited to individuals with disabilities and individuals with chronic diseases, including those with service animals, individuals with limited English proficiency, children, and the elderly in emergencies, including but not limited to plans for medical care, evacuations and sheltering. Further, in the case of evacuation planning, the Administrator shall also ensure that such plans address the needs of those unable to evacuate themselves, including those individuals with low-income or without access to private transportation and those requiring specialized transportation because of medical conditions. . (c)

Planning for Individuals With Pets

Section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196) is amended by inserting after subsection (f), as added by subparagraph (b), the following: (g)The Administrator of the United States Emergency Management Authority shall take appropriate actions to ensure that State and local emergency preparedness, evacuation, and sheltering plans take into account the needs of individuals with household pets prior to, during, and following a major disaster. . (d)

Assistance to States and Local Authorities

Section 611(l)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by subsection (b) of this section is amended by striking the period at the end of the first sentence and adding the following: in addition, the Administrator may provide financial and technical support including the services of subject matter experts, such as pediatricians and geriatricians, on the basis of programs or projects approved by the Administrator, to States and local authorities for the purpose of developing and implementing plans for individuals with special needs and requirements as identified in subsection 611(f), including procurement of facilities and medical equipment and supplies for the care of such individuals, and individuals with pets as identified in subsection 611 (g), including the procurement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate individuals with disabilities, individuals with special needs, and individuals with pets or service animals.. (e)

Report to Congress

Not later than one year after the date of enactment of this Act, the Administrator shall— (1)submit to Congress a report evaluating the adequacy of the plans of the States to evacuate individuals with special needs and requirements, as defined in subsection (b) of this section in emergencies or major disasters that would warrant their evacuation; and (2)include in the report a discussion of— (A)whether or not the States have the resources necessary to implement fully their evacuation and sheltering plans; and (B)the manner in which the plans of the States are integrated with the response plans of the Federal Government for emergencies that would require the evacuation and sheltering of individuals with special needs. (f)

Training Programs

(1)

In general

Section 611(h)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by subsection (b) of this section is amended by striking subparagraph (A) and insert the following: (A)conduct or arrange by contract or otherwise, the training programs for the instruction of emergency preparedness and response officials and other persons in the organization, operation and techniques of emergency preparedness and response, including but not limited to planning for and responding to individuals with special needs . (2)

Emergency assistance

Section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended— (A)in subsection (a)(1), by striking the semicolon and inserting , including precautionary evacuations;; (B)in subsection (b), by striking the period and inserting , including precautionary evacuations.; and (C)adding at the end the following: (c)

Guidelines

The President shall promulgate and maintain guidelines to assist Governors in making requests under this section by defining the types of assistance available to affected States and the circumstances under which such requests are likely to be approved. .

222.

Transportation assistance and case management services to individuals and households

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following:

425.

Transportation assistance to individuals and households

The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this Act or otherwise transported from their predisaster primary residences under section 403(a)(3) or 502, to and from alternative locations for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location as deemed necessary by the President.

426.

Case management services

The President may provide case management services, including financial assistance to state or local agencies or qualified private organizations to provide such services, to victims of major disasters to identify and address unmet needs.

.

223.

Non-federal assistance

Section 801 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201), as redesignated by this Act, is amended— (1)in subsection (b), by striking the period at the end of the first sentence and adding the following: including from foreign organizations and governments.; and (2)by adding at the end the following: (c)

Receipt and Coordination of Gifts From Foreign Sources

Notwithstanding the provisions of section 612, the President or his delegate shall coordinate receipt of gifts or assistance from foreign sources with the Secretary of Defense and the Secretary of State with regard to— (1)the identification of emergency requirements for which such gifts or assistance is required and appropriate, and (2)procedures for receipt, distribution, and monitoring of the use of such gifts or assistance. .

224.

Disaster coordination

Not later than 180 days after the date of enactment of this Act, the Administrator shall, in consultation with the Secretary of Defense and the Secretary of State, develop policies and procedures relating to the effective coordination of disaster assistance from non-Federal entities, including private and foreign entities and governments, as provided under section 801 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by this Act, including— (1)coordination with other disaster assistance from the Federal Government, and State and local governments and other sources; (2)identification of requirements for utilization that are necessary and appropriate for such assistance; (3)receipt and distribution; and (4)monitoring to ensure of its appropriate final use.

1.

Short title

This Act may be cited as the Post-Katrina Emergency Management Reform Act of 2006.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—National preparedness and response Sec. 101. Federal Emergency Management Agency. Sec. 102. Conforming amendments relating to intelligence reform. Sec. 103. Border interoperability demonstration projects. Sec. 104. Technical and conforming amendments. TITLE II—Stafford Act Amendments Sec. 201. General Federal assistance. Sec. 202. National Disaster Recovery Strategy. Sec. 203. Mitigation. Sec. 204. Disaster housing strategy. Sec. 205. Essential services. Sec. 206. Hazard mitigation grant program formula. Sec. 207. Housing assistance. Sec. 208. Maximum amount under individual assistance programs. Sec. 209. Coordinating officers. Sec. 210. Definitions. Sec. 211. Catastrophic damage assistance. Sec. 212. Individuals with disabilities. Sec. 213. Disability coordinator. Sec. 214. Accessible housing. Sec. 215. GAO study on accessibility of emergency shelters. Sec. 216. Reunification. Sec. 217. National Emergency Family Registry and Locator System. Sec. 218. Federal assistance to individuals and households. Sec. 219. Mental health services. Sec. 220. Disaster related information services. Sec. 221. Guidelines for State and local emergency preparedness operational plans. Sec. 222. Transportation assistance and case management services to individuals and households. Sec. 223. Non-Federal assistance. Sec. 224. Disaster coordination. Sec. 225. Public facilities. Sec. 226. Volunteer housing. Sec. 227. Housing rehabilitation. Sec. 228. Debris removal contracting. Sec. 229. Emergency housing for victims. TITLE III—Staffing improvements Sec. 301. Strategic human capital plan. Sec. 302. Career paths. Sec. 303. National Homeland Security Academy. Sec. 304. Surge Capacity Force. Sec. 305. Establishment of Homeland Security Rotation Program at the Department of Homeland Security. Sec. 306. Quarterly report on vacancy rate in employee positions. Sec. 307. Report by the Inspector General. TITLE IV—Planning, preparedness, and training Sec. 401. Definition. Sec. 402. Emergency response framework. Sec. 403. Review of the National Response Plan. Sec. 404. Planning and preparedness. Sec. 405. Training and exercises. Sec. 406. Emergency support function assurance programs. TITLE V—Prevention of fraud, waste, and abuse Sec. 501. Prohibition on excessive pass-through charges. Sec. 502. Fraud prevention programs. Sec. 503. Contingency Contracting Corps and regulations. Sec. 504. Verification measures for Individuals and Households Program. Sec. 505. Information technology systems. Sec. 506. Registry of disaster response contractors. Sec. 507. Use of certain supply schedules. Sec. 508. Use of local firms and individuals. Sec. 509. Advance contracting. Sec. 510. Purchase card waste elimination. Sec. 511. Management of purchase cards. Sec. 512. GAO report on compliance with the Single Audit Act of 1984. Sec. 513. GAO report on improper payments. Sec. 514. GAO report on contracts with certain small business concerns. Sec. 515. Chief Financial Officer for Catastrophic Incidents and Long-term Recovery Offices. TITLE VI—Miscellaneous provisions Sec. 601. Authorization of appropriations. Sec. 602. Effective date.

3.

Definitions

In this Act— (1)the term Administrator means the Administrator of the Agency; (2)the term Agency means the Federal Emergency Management Agency; (3)the term catastrophic incident— (A)means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and (B)may include an incident— (i)with a sustained national impact over a prolonged period of time; (ii)that may rapidly exceed resources available to State and local government and private-sector authorities in the impacted area; or (iii)that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened; (4)the term Department means the Department of Homeland Security; (5)the terms emergency and major disaster have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); (6)the term emergency management means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, respond to, mitigate against, or recover from a threatened or actual act of terrorism, natural disaster, or other emergency; (7)the term emergency manager means an individual whose primary responsibility it is to perform the functions of emergency management; (8)the term emergency response provider has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (9)the term Federal coordinating officer means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143); (10)the term individual with a disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (11)the term National Advisory Council means the National Advisory Council on Preparedness and Response established under section 518 of the Homeland Security Act of 2002, as amended by this Act; (12)the term National Incident Management System means the National Incident Management System as described in the National Response Plan; (13)the term National Response Plan means the National Response Plan prepared under Homeland Security Presidential Directive 5 or any presidential directive meant to replace or augment that directive; (14)the term Regional Office means a Regional Office established under section 517 of the Homeland Security Act of 2002, as amended by this Act; (15)the term Regional Office strike team means a Regional Office strike team established under section 517 of the Homeland Security Act of 2002, as amended by this Act; (16)the term Secretary means the Secretary of Homeland Security; and (17)the term surge capacity means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident.

; (2)by striking sections 501 through 503; (3)by striking sections 506 and 507; (4)by redesignating sections 504, 505, 508, and 509 as sections 540, 541, 542, and 543, respectively; (5)by redesignating section 510 (relating to procurement of security countermeasures for the strategic national stockpile) as section 544; (6)by redesignating section 510 (relating to urban and other high risk area communications capabilities) as section 545; (7)by inserting before section 540, as so redesignated by this section, the following:

501.

Definitions

In this title— (1)the term all-hazards-plus means an approach to preparedness, response, recovery, and mitigation that emphasizes the development of capabilities that are common to natural and man-made disasters, while also including the development of capabilities that are uniquely relevant to specific types of disasters; (2)the term Administrator means the Administrator of the Agency; (3)the term Agency means the Federal Emergency Management Agency; (4)the term catastrophic incident— (A)means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and (B)may include an incident— (i)with a sustained national impact over a prolonged period of time; (ii)that may rapidly exceed resources available to State and local government and private-sector authorities in the impacted area; or (iii)that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened; (5)the term emergency communications capabilities means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency response providers, emergency response agencies, and government officials from multiple disciplines and jurisdictions and at all levels of government, in the event of a natural or man-made disaster (including where there has been significant damage to, or destruction of, critical infrastructure (including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity)); (6)the term Federal coordinating officer means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143); (7)the terms interoperable emergency communications system and communications interoperability mean the ability of emergency response providers and relevant Federal, State, and local government officials to— (A)communicate with each other as necessary, using information technology systems and radio communications systems; and (B)exchange voice, data, or video with each other on demand, in real time, as necessary; (8)the term National Advisory Council means the National Advisory Council on Preparedness and Response established under section 518; (9)the term National Incident Management System means the National Incident Management System as described in the National Response Plan; (10)the term National Response Plan means the National Response Plan prepared under Homeland Security Presidential Directive 5 or any presidential directive meant to replace or augment that directive; and (11)the term surge capacity means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident.

A

Preparedness and response

511.

Definitions

In this subtitle— (1)the term Nuclear Incident Response Team means a resource that includes— (A)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 (B)those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions; (2)the term Regional Advisory Council means a Regional Advisory Council on Preparedness and Response established under section 517; (3)the term Regional Administrator means a Regional Administrator for Preparedness and Response appointed under section 517; and (4)the term Regional Office means a Regional Office established under section 517.

512.

Federal Emergency Management Agency

(a)

In general

There is in the Department the Federal Emergency Management Agency, headed by an Administrator. (b)

Mission

The mission of the Agency is to— (1)lead the Nation’s efforts to prepare for, respond to, recover from, and mitigate the risks of natural and man-made disasters, including catastrophic incidents; (2)partner with State and local governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to a catastrophic incident or other natural or man-made disaster; (3)develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural or man-made disaster; (4)fuse the Department’s emergency response, preparedness, recovery, mitigation, and critical infrastructure assets into an integrated organization that can effectively confront the challenges of a natural or man-made disaster; (5)develop and maintain robust Regional Offices that will work with State and local governments and emergency response providers to identify and address regional priorities; (6)under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department that can be brought to bear in preparing for and responding to a natural or man-made disaster; (7)carry out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (8)provide funding, training, exercises, technical assistance, planning, and other assistance to build local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a potential natural or man-made disaster; (9)implement a risk-based, all-hazards-plus strategy for preparedness that builds those common capabilities necessary to respond to both terrorist attacks and natural disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and (10)promote and plan for the protection, security, resiliency, and postdisaster restoration of critical infrastructure and key resources of the United States, including cyber and communications assets, against or in the event of a natural or man-made disaster, in coordination with other agencies of the Federal Government and in cooperation with State and local government agencies and authorities, the private sector, and other entities. (c)

Administrator

(1)

In general

The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2)

Qualifications

The Administrator shall have not less than 5 years of executive leadership and management experience in the public or private sector, significant experience in crisis management or another relevant field, and a demonstrated ability to manage a substantial staff and budget. (3)

Reporting

The Administrator shall report to the Secretary, without being required to report through any other official of the Department. (4)

Principal advisor on Emergency Preparedness and Response

(A)

In General

The Administrator is the principal emergency preparedness and response advisor to the President, the Homeland Security Council, and the Secretary. (B)

Advice and recommendations

(i)

In general

In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency mitigation, preparedness, response, and recovery options with respect to that matter. (ii)

Advice on request

The Administrator, as an emergency preparedness and response advisor, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice. (iii)

Recommendations to Congress

After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency preparedness and response as the Administrator considers appropriate. (C)

Retention of Authority

Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this Act.

513.

Authorities and responsibilities

(a)

In general

The Administrator shall provide Federal leadership necessary to mitigate, prepare for, respond to, and recover from a natural or man-made disaster, including— (1)carrying out the mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency preparedness and response program of— (A)mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects; (B)preparedness, by planning, training, and building the emergency preparedness and response workforce to prepare effectively for, mitigate against, respond to, and recover from any hazard; (C)response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; (D)recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and (E)critical infrastructure protection, including by— (i)identifying and prioritizing the critical infrastructure and key resources of the United States; (ii)carrying out comprehensive assessments of the vulnerability of the critical infrastructure and key resources, including cyber and communications assets; (iii)developing a comprehensive plan for securing such critical infrastructure and key resources; (iv)coordinating with other agencies of the Federal Government; and (v)in cooperation with State and local government agencies and authorities, the private sector, and other entities, recommending protective measures and identifying priorities for the restoration of such critical infrastructure and key resources; (2)increasing efficiencies, by coordinating efforts relating to mitigation, preparedness, response, recovery, and infrastructure protection; (3)helping to ensure the effectiveness of emergency response providers in responding to a natural or man-made disaster; (4)providing the Federal Government's response to a natural or man-made disaster, including— (A)managing such response; (B)directing the Domestic Emergency Support Team, the National Disaster Medical System, and (when operating as an organizational unit of the Department under this title) the Nuclear Incident Response Team; (C)overseeing the Metropolitan Medical Response System; and (D)coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a natural or man-made disaster; (5)working with Federal, State, and local government personnel, agencies, and authorities to build a comprehensive national incident management system to respond to a natural or man-made disaster; (6)with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department under this title)— (A)establishing standards and certifying when those standards have been met; (B)conducting joint and other exercises and training and evaluating performance; and (C)providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment; (7)helping to ensure that emergency response providers acquire interoperable and sustainable technology; (8)assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (9)administering homeland security emergency management, first responder, and other preparedness grants; (10)administering and implementing the National Response Plan, including monitoring, evaluating, and ensuring the readiness of each emergency support function under the National Response Plan; (11)coordinating with the National Advisory Council; (12)ensuring the protection of critical infrastructure by— (A)carrying out the responsibilities under paragraphs (2) through (6) of section 201(d); (B)promoting, prioritizing, coordinating, and planning for the— (i)protection, security, and resiliency of key resources and critical infrastructure of the United States, including cyber and communications assets, against a natural or man-made disaster; and (ii)postdisaster restoration of key resources and critical infrastructure of the United States, including cyber and communications assets, in the event of a natural or man-made disaster; and (13)otherwise carrying out the mission of the Agency as described in section 512(b). (b)

Additional responsibilities related to catastrophic incidents

(1)

In general

The Administrator, in consultation with the Secretary and other senior Department officials, shall develop a national emergency management system that is capable of responding to catastrophic incidents. (2)

Identification of resources

(A)

In general

The Administrator shall develop and submit to Congress annually an estimate of the resources of the Agency and other Federal agencies needed for and devoted specifically to developing the capabilities of Federal, State, and local governments necessary to respond to a catastrophic incident. (B)

Contents

Each estimate under subparagraph (A) shall include the resources both necessary for and devoted to— (i)planning; (ii)training and exercises; (iii)Regional Office enhancements; (iv)staffing, including for surge capacity during a catastrophic incident; (v)additional logistics capabilities; (vi)other responsibilities under the Catastrophic Incident Annex and the Catastrophic Incident Supplement of the National Response Plan; (vii)State and local government catastrophic incident preparedness; and (viii)covering increases in the fixed costs or expenses of the Agency, including rent or property acquisition costs or expenses, taxes, contributions to the working capital fund of the Department, and security costs for the year after the year in which such estimate is submitted. (c)

All-hazards-plus approach

In carrying out the responsibilities under this section, the Administrator shall implement a risk-based, all-hazards-plus strategy that builds those common capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of terrorist attacks and natural disasters, while also building the unique capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of specific types of incidents that pose the greatest risk to the Nation. (d)

GAO Report on fixed costs or expenses

(1)

In general

Not later than 90 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Comptroller General shall submit a report to Congress on the amount of increase in the fixed costs or expenses of the Federal Emergency Management Agency during the period of January 1, 2000, through such date of enactment. (2)

Content

The report under this subsection shall— (A)evaluate the increases in all of the fixed costs or expenses of the Federal Emergency Management Agency, including fixed costs or expenses such as rent or property acquisition expenses, taxes, contributions to the working capital fund of the Department or other contributions to accounts of the Department, and security costs (including increases in the costs of security and the increased amounts of security obtained); and (B)include an analysis of any additional resources needed to accommodate for any increases in fixed costs or expenses that have not been addressed in previous increases in the budget of the Department.

514.

Agency components

There are transferred to the Agency the following: (1)All functions of the Federal Emergency Management Agency, as constituted on June 1, 2006, including all of its personnel, assets, components, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto. (2)The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel assets, components, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto.

515.

Preserving the Federal Emergency Management Agency

(a)

Distinct entity

The Agency shall be maintained as a distinct entity within the Department. (b)

Reorganization

Section 872 shall not apply to the Agency, including any function or organizational unit of the Agency. (c)

Prohibition on changes to missions

(1)

In general

The Secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those responsibilities, except as otherwise specifically provided in an Act enacted after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006. (2)

Certain transfers prohibited

No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the capability of the Agency to perform its missions.

516.

Directors

(a)

In general

There shall be in the Agency a Director for Preparedness and a Director for Response and Recovery, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall report to the Administrator. (b)

Qualifications

(1)

In general

A Director shall have— (A)not less than 5 years of— (i)executive leadership and management experience in the public or private sector; and (ii)significant experience in crisis management or another relevant field; and (B)a demonstrated ability to manage a substantial staff and budget. (2)

Concurrent experience

Service during any period of time may be used in meeting the requirements under both clause (i) and (ii) of paragraph (1)(A). (c)

Initial Directors

(1)

In general

Except as provided under paragraph (2), the individual serving as the Under Secretary for Preparedness and the individual serving as the Under Secretary for Federal Emergency Management on the effective date of the Post-Katrina Emergency Management Reform Act of 2006, may serve as the Director for Preparedness and the Director of Response and Recovery, respectively, until a Director for Preparedness or a Director of Response and Recovery, as the case may be, is appointed under subsection (a). (2)

Prior confirmation

Paragraph (1) shall apply if the individual is serving as the Under Secretary for Preparedness or the Under Secretary for Federal Emergency Management, under an appointment by the President, by and with the advice and consent of the Senate.

517.

Regional Offices

(a)

In General

(1)

Regional Offices

The Administrator shall establish 10 Regional Offices of the Agency. (2)

Additional Office

In addition to the Regional Offices established under paragraph (1), the Administrator may designate the Office of National Capital Region Coordination under section 882 as a Regional Office. (b)

Management of Regional Offices

(1)

Regional administrator

Each Regional Office shall be headed by a Regional Administrator for Preparedness and Response, who shall be appointed by the Administrator. Each Regional Administrator for Preparedness and Response shall report directly to the Administrator. (2)

Qualifications

Each Regional Office shall be headed by an individual in the Senior Executive Service qualified to act as a senior Federal coordinating officer to provide strategic oversight of incident management when needed. (c)

Responsibilities

(1)

In general

The Regional Administrator shall work in partnership with State and local governments, emergency managers, emergency response 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 of a Regional Administrator under this section. (2)

Responsibilities

The responsibilities of a Regional Administrator include— (A)ensuring effective, coordinated, and integrated regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters (including planning, training, exercises, and professional development); (B)coordinating and integrating regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters (including planning, training, exercises, and professional development), which shall include— (i)providing regional and interstate planning assistance; (ii)organizing, in consultation with the Administrator, regional training and exercise programs; (iii)providing support and coordination officers for State and local government training and exercises; (iv)participating in emergency preparedness and planning activities by State, regional, and local governments; (v)assisting in the development of regional capabilities needed for a national catastrophic response system; (vi)helping to coordinate and develop interstate agreements; (vii)coordinating the establishment of effective regional interagency emergency communications capabilities and communications interoperability, and reporting annually to the Administrator, who shall provide the information to the Director for Emergency Communications, on regional efforts to achieve these goals and on regional progress in meeting the goals of the National Emergency Communications Strategy developed under section 553; and (viii)providing planning and technical assistance to State and local governments relating to hazard mitigation and prevention measures, including encouraging hazard-resistant building design and sustainable land development policies to reduce vulnerability to natural disasters; (C)establishing and overseeing 1 or more strike teams within the region under subsection (e), which shall serve as the focal point of the Federal Government’s initial response efforts for a natural or man-made disaster within that region, and otherwise building Federal response capabilities to respond to a natural or man-made disaster within that region; (D)carrying out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure in the region, including carrying out risk assessments, and working with Federal departments and agencies, State and local government agencies, and the private sector to accomplish this objective and to design programs to address the identified vulnerabilities; (E)designating an individual responsible for, in conjunction with other relevant Federal, State, and local government officials, the development of strategic and operational regional plans to respond effectively to natural or man-made disasters in the region in support of the National Response Plan; (F)establishing in the Regional Office of such Regional Administrator a Regional Advisory Council on Preparedness and Response, to advise the Regional Administrator on emergency preparedness and response issues specific to the region; (G)coordinating all activities conducted under this section with other Federal departments and agencies; and (H)performing such other duties relating to such responsibilities as the Administrator may require. (d)

Area offices

The Administrator shall establish— (1)an Area Office for the Pacific and an Area Office for the Caribbean, as components in the appropriate Regional Offices; and (2)an Area Office in Alaska. (e)

Regional office strike teams

(1)

Establishment

In coordination with other relevant Federal agencies, each Regional Administrator shall establish multi-agency strike teams that shall consist of— (A)a designated Federal coordinating officer; (B)personnel trained in incident management; (C)public affairs, response and recovery, and communications support personnel; (D)a defense coordinating officer; (E)liaisons to other Federal agencies; (F)such other personnel as the Administrator or Regional Administrator determines appropriate; and (G)individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan, including the following: (i)Transportation. (ii)Communications. (iii)Public works and engineering. (iv)Emergency management. (v)Mass care. (vi)Housing and human services. (vii)Public health and medical services. (viii)Urban search and rescue. (ix)Public safety and security. (x)External affairs. (2)

Location of members

The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily at the Regional Office that corresponds to that strike team. (3)

Coordination

Each Regional Office strike team shall coordinate the training and exercises of that strike team with the State and local governments and private sector and nongovernmental entities which the strike team shall support when a natural or man-made disaster occurs. (4)

Preparedness

Each Regional Office strike team shall be trained, equipped, and staffed to be well prepared to respond to natural and man-made disasters, including catastrophic incidents.

518.

National Advisory Council on Preparedness and Response

(a)

Establishment

Not later than 60 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Secretary shall establish an advisory body under section 871(a), to be known as the National Advisory Council on Preparedness and Response. (b)

Responsibilities

The National Advisory Council shall advise the Administrator on all aspects of emergency preparedness and response. (c)

Membership

(1)

In general

The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, emergency managers, and emergency response providers from State and local governments, the private sector, and nongovernmental organizations, including as appropriate— (A)members selected from the emergency preparedness and response fields, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency preparedness and response personnel, or organizations representing such individuals; (B)health scientists, emergency and inpatient medical providers, and public health professionals; (C)experts representing standards setting organizations; (D)State and local government officials with expertise in terrorism preparedness and emergency preparedness and response; (E)elected State and local government executives; (F)experts in public and private sector infrastructure protection, cybersecurity, and communications; (G)representatives of the disabled and other special needs populations; and (H)such other individuals as the Administrator determines to be appropriate. (d)

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.

519.

National Incident Management System Integration Center

(a)

In General

There is in the Agency a National Incident Management System Integration Center. (b)

Responsibilities

(1)

In general

The Administrator, through the National Incident Management System Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, any other document or tool in support of Homeland Security Presidential Directive 5, or any other Homeland Security Presidential Directive relating to incident management and response. (2)

Specific responsibilities

The National Incident Management System Integration Center shall— (A)periodically review, and revise as appropriate, the National Incident Management System and the National Response Plan; (B)review other matters relating to the National Incident Management System and the National Response Plan, as the Administrator may require; (C)develop and implement a national program for National Incident Management System and National Response Plan education and awareness; (D)oversee all aspects of the National Incident Management System, including the development of compliance criteria and implementation activities at Federal, State, and local government levels; (E)provide guidance and assistance to States and local governments and emergency response providers, in adopting the National Incident Management System; and (F)perform such other duties relating to such responsibilities as the Administrator may require.

520.

National Operations Center

(a)

Definition

In this section, the term situational awareness means information gathered from a variety of sources that, when communicated to emergency preparedness and response managers and decision makers, can form the basis for incident management decisionmaking. (b)

Establishment

There is established in the Department a National Operations Center. (c)

Purpose

The purposes of the National Operations Center are to— (1)coordinate the national response to any natural or man-made disaster, as determined by the Secretary; (2)provide situational awareness and a common operating picture for the entire Federal Government, and for State and local governments as appropriate, for an event described in paragraph (1); (3)collect and analyze information to help deter, detect, and prevent terrorist acts; (4)disseminate terrorism and disaster-related information to Federal, State, and local governments; (5)ensure that critical terrorism and disaster-related information reaches government decision-makers; and (6)perform such other duties as the Secretary may require. (d)

Responsibilities

The National Operations Center shall carry out the responsibilities of the Homeland Security Operations Center, the National Response Coordination Center, and the Interagency Incident Management Group, as constituted on September 1, 2005.

521.

Chief Medical Officer

(a)

In General

There is in the Agency 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 Administrator. (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 natural and man-made disasters, including— (1)serving as the principal advisor to the Secretary and the Administrator on medical and public health issues; (2)coordinating the biosurveillance and detection activities of the Department; (3)ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support; (4)serving as the Department’s primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical and public health issues; (5)serving as the Department’s primary point of contact for State and local governments, the medical community, and others within and outside the Department, with respect to medical and public health matters; (6)discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Department related to Project Bioshield; (7)establishing doctrine and priorities for the National Disaster Medical System, consistent with the National Response Plan and the National Incident Management System, supervising its medical components, and exercising predeployment operational control, including— (A)determining composition of the teams; (B)overseeing credentialing of the teams; and (C)training personnel of the teams; (8)managing the Metropolitan Medical Response System (including establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National Incident Management System) and developing and overseeing standards, plans, training, and exercises and coordinating with the Office of Grants and Training on the use and distribution of Metropolitan Medical Response grants; (9)assessing and monitoring long-term health issues of emergency managers and emergency response providers; (10)developing and updating, in consultation with the Secretary of Health and Human Services, guidelines for State and local governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapon attacks; (11)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; (12)establishing and providing oversight for the Department’s occupational health and safety program, including workforce health; and (13)performing such other duties relating to such responsibilities as the Secretary or the Administrator may require. (d)

Long-Term Health Assessment Program

(1)

In general

The Chief Medical Officer, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish a program to assess, monitor, and study the health and safety of emergency managers and emergency response 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 an Incident of National Significance.

522.

Public and community preparedness

The Administrator shall promote public and community preparedness.

523.

Basic life supporting first aid education for children

(a)

Definitions

In this section— (1)the term age-appropriate means information, education, and skills suitable for the individual to understand and perform; (2)the term appropriate municipal entity means an agency of a unit of local government that is an emergency response provider or provides other similar medical services or training, including a fire department, law enforcement agency, hospital, school nurse, or emergency medical services provider; (3)the term children means individuals under the age of 18 years enrolled in grades kindergarten through 12; (4)the term emergency medical professional means an individual certified by a State in emergency medical services; (5)the term life supporting first aid includes cardiopulmonary resuscitation, the use of an automatic external defibrillator, the Heimlich maneuver, blood-borne and biohazardous precautions, bleed control, and other life-sustaining procedures in the event of an emergency; and (6)the term selected organization means the organization contracting with the Secretary under subsection (b). (b)

Authority

The Secretary, acting through the Chief Medical Officer, and in consultation with the Secretary of Education, shall enter into an agreement with an organization, under which such organization shall provide funds to appropriate municipal entities to provide education and training in life supporting first aid to children, including scene safety procedures. (c)

Eligibility

In selecting an organization, the Secretary shall consider and give priority to an organization that— (1)has experience in training individuals (especially children) to be active bystanders, equipped with life supporting first aid skills to assist during emergencies; (2)recognizes that life supporting first aid techniques are essential to maintaining life before the arrival of emergency response providers; (3)uses emergency medical professionals as instructors to teach life supporting first aid techniques to children and adults; (4)works with Federal, State, and local government entities and the private sector to highlight the importance of public emergency preparedness and effective emergency response; (5)has developed and implemented, before the date of entering a contract under subsection (b), a testing component for evaluation, accountability, and data collection; and (6)is an affiliate of the Citizens Corps of the Department. (d)

Use of funds

(1)

In general

Funds provided under this section by the selected organization to an appropriate municipal entity shall be used— (A)to create age-appropriate educational materials regarding life supporting first aid to be distributed to children; (B)to conduct training and clinical instruction of children in life supporting first aid; and (C)for data collection and statistical analysis. (2)

Priority

In providing funds to appropriate municipal entities under this section, the selected organization shall give priority to emergency medical services, fire departments, law enforcement agencies, hospitals, and school nurses.

524.

SAVER Program

(a)

In general

In the Department there is a System Assessment and Validation for Emergency Responders Program to provide impartial evaluations of emergency response equipment and systems. (b)

Requirements

The program 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 already been third-party certified to a 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 subsystems; and (4)provide information and feedback to emergency response providers through the Responder Knowledge Base of the National Memorial Institute for the Prevention of Terrorism, or other appropriate forum. (c)

Assessment and validation process

The assessment and validation of emergency response provider equipment and systems shall use 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)

Personal protective equipment

To the extent practical, the assessment and validation of personal protective equipment under this section shall be conducted by the National Personal Protective Technology Laboratory of the National Institute for Occupational Safety and Health.

525.

National Search and Rescue Response System

(a)

National Search and Rescue Response System

There is established in the Agency an emergency response system known as the National Search and Rescue Response System that provides a national network of standardized search and rescue resources to assist State and local governments in responding to any natural or man-made disaster. (b)

Administration of the System

(1)

Task force participation

The Administrator shall select eligible search and rescue teams that are sponsored by State and local government entities to participate as task forces in the National Search and Rescue Response System. The Administrator shall determine the criteria for such participation. (2)

Agreements with sponsoring agencies

The Administrator 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 National Search and Rescue Response System. (3)

Management and technical teams

The Administrator shall maintain such management and other technical teams as are necessary to administer the National Search and Rescue Response System.

526.

Metropolitan Medical Response System

(a)

In General

There is in the Agency a Metropolitan Medical Response System. Under the Metropolitan Medical Response System, the Assistant Secretary for Grants and Planning, in coordination with the Chief Medical Officer, shall administer grants to develop, maintain, and enhance medical preparedness systems that are capable of responding effectively to a public health crisis or mass-casualty event caused by a natural or man-made disaster. (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.

527.

The National Infrastructure Simulation and Analysis Center

(a)

Definition

In this section, the term National Infrastructure Simulation and Analysis Center means the National Infrastructure Simulation and Analysis Center established under section 1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)). (b)

Authority

(1)

In general

There is in the Agency the National Infrastructure Simulation and Analysis Center which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to— (A)counterterrorism, threat assessment, and risk mitigation; and (B)a natural or man-made disaster. (2)

Infrastructure modeling

(A)

Particular support

The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance critical infrastructure preparedness, protection, response, and recovery activities. (B)

Relationship with other agencies

Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the National Infrastructure Simulation and Analysis Center, through the Department. (C)

Purpose

(i)

In general

The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected natural and man-made disasters. (ii)

Recipient of certain support

Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.

528.

Emergency Management Assistance Compact

(a)

In General

The Secretary, acting through the Administrator, may make grants for the purposes of administering and improving the Emergency Management Assistance Compact consented to by the Joint Resolution entitled Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact (Public Law 104–321; 110 Stat. 3877). (b)

Uses

A grant under this section shall be used to— (1)carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact; (2)coordinate with the Department and other Federal Government agencies; (3)coordinate with State and local government entities and their respective national associations; (4)assist State and local governments, emergency response providers, and organizations representing such providers with credentialing emergency response providers and the typing of emergency response resources; or (5)administer the operations of the Emergency Management Assistance Compact.

529.

Office for the Prevention of Terrorism

(a)

Establishment

There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director. (b)

Director

(1)

Reporting

The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary. (2)

Qualifications

The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other anti-terrorist functions. (c)

Assignment of personnel

(1)

In general

The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section. (2)

Liaisons

The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act a liaison between that component and the Office for the Prevention of Terrorism. (d)

Responsibilities

The Director of the Office for the Prevention of Terrorism shall— (1)coordinate policy and operations between the Department and State and local government agencies relating to preventing acts of terrorism within the United States; (2)serve as a liaison between State and local law enforcement agencies and the Department; (3)in coordination with the Office of Intelligence, develop better methods for the sharing of intelligence with State and local law enforcement agencies; (4)work with the Assistant Secretary of the Office of Grants and Training to ensure that homeland security grants to State and local government agencies, including the Law Enforcement Terrorism Prevention Program, Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities; and (5)coordinate with the Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to develop national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers. (e)

Pilot project

(1)

In general

The Director of the Office for the Prevention of Terrorism, in coordination with the Director for Response and Recovery, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams. (2)

Function

The law enforcement deployment teams participating in the pilot program under this subsection shall form the basis of a national network of standardized law enforcement resources to assist State and local governments in responding to a natural or man-made disaster. (f)

Construction

Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.

530.

Department officials

(a)

Cybersecurity and telecommunications

There is in the Department an Assistant Secretary for Cybersecurity and Telecommunications. (b)

United States Fire Administration

The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.

531.

Credentialing

(a)

Definitions

In this section— (1)the term credential means to provide documentation that can authenticate and verify the qualifications and identity of managers of incidents, emergency response providers, and other appropriate personnel, including by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for their position; (2)the term credentialing means evaluating an individual's qualifications for a specific position under guidelines created under this section and assigning such individual a qualification under the standards developed under this section; and (3)the term credentialed means an individual has been evaluated for a specific position under the guidelines created under this section. (b)

Requirements

(1)

In general

The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers, and the organizations that represent such providers, to collaborate on establishing nationwide standards for credentialing all personnel who are likely to respond to a natural or man-made disaster. (2)

Contents

The standards developed under paragraph (1) shall— (A)include the minimum professional qualifications, certifications, training, and education requirements for specific emergency response functional positions that are applicable to Federal, State, and local government; (B)be compatible with the National Incident Management System; and (C)be consistent with standards for advance registration for health professions volunteers under section 319I of the Public Health Services Act (42 U.S.C. 247d–7b). (3)

Timeframe

The Administrator shall develop standards under paragraph (1) not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006. (c)

Credentialing of Department personnel

(1)

In general

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Secretary and the Administrator shall ensure that all personnel of the Department (including temporary personnel and individuals in the Surge Capacity Force established under section 304 of the Post-Katrina Emergency Management Reform Act of 2006) who are likely to respond to a natural or man-made disaster are credentialed. (2)

Strategic human capital plan

Not later than 90 days after completion of the credentialing under paragraph (1), the Administrator shall evaluate whether the workforce of the Agency complies with the strategic human capital plan of the Agency developed under section 301 of the Post-Katrina Emergency Management Reform Act of 2006 and is sufficient to respond to a catastrophic incident. (d)

Integration with National Response Plan

(1)

Distribution of standards

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan. (2)

Credentialing of agencies

Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall— (A)ensure that all employees or volunteers of that agency who are likely to respond to a natural or man-made disaster are credentialed; and (B)submit to the Secretary the name of each credentialed employee or volunteer of such agency. (3)

Leadership

The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the credentialing process of that agency. (e)

Documentation and database system

(1)

In general

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall establish and maintain a documentation and database system of Federal emergency response providers and all other Federal personnel credentialed to respond to a natural or man-made disaster. (2)

Accessibility

The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to a natural or man-made disaster. (3)

Considerations

The Administrator shall consider whether the credentialing system can be used to regulate access to areas affected by a natural or man-made disaster. (f)

Guidance to State and local governments

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall— (1)in collaboration with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers, and the organizations that represent such providers, provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the credentialing of State and local emergency response providers commonly or likely to be used in responding to a natural or man-made disaster; and (2)in coordination with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers (and the organizations that represent such providers), and appropriate national professional organizations, assist State and local governments with credentialing the personnel of the State or local government under the guidance provided under paragraph (1). (g)

Report

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and level of qualification of Federal personnel trained and ready to respond to a natural or man-made disaster.

532.

Typing of resources

(a)

Definitions

In this section— (1)the term typed means an asset or resource that has been evaluated for a specific function under the guidelines created under this section; and (2)the term typing means to define in detail the minimum capabilities of an asset or resource. (b)

Requirements

(1)

In general

The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers, and organizations that represent such providers, to collaborate on establishing nationwide standards for typing of resources commonly or likely to be used in responding to a natural or man-made disaster. (2)

Contents

The standards developed under paragraph (1) shall— (A)be applicable to Federal, State, and local government; and (B)be compatible with the National Incident Management System. (c)

Typing of Department resources and assets

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Secretary shall ensure that all resources and assets of the Department that are commonly or likely to be used to respond to a natural or man-made disaster are typed. (d)

Integration with National Response Plan

(1)

Distribution of standards

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan. (2)

Typing of agencies, assets and resources

Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall— (A)ensure that all resources and assets (including teams, equipment, and other assets) of that agency that are commonly or likely to be used to respond to a natural or man-made disaster are typed; and (B)submit to the Secretary a list of all types resources and assets. (3)

Leadership

The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the typing process of that agency. (e)

Documentation and database system

(1)

In general

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall establish and maintain a documentation and database system of Federal resources and assets commonly or likely to be used to respond to a natural or man-made disaster. (2)

Accessibility

The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to a natural or man-made disaster. (f)

Guidance to State and local governments

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator, in collaboration with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers, and the organizations that represent such providers, shall— (1)provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the typing of the resources and assets of State and local governments likely to be used in responding to a natural or man-made disaster; and (2)assist State and local governments with typing resources and assets of State or local governments under the guidance provided under paragraph (1). (g)

Report

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and type of Federal resources and assets ready to respond to a natural or man-made disaster.

533.

Providing secure access to critical infrastructure

Not later than 6 months after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and in coordination with appropriate national professional organizations, Federal, State, and local government agencies, and private-sector and nongovernmental entities, the Administrator shall create model standards or guidelines that States may adopt in conjunction with critical infrastructure owners and operators and their employees to permit access to restricted areas in the event of a natural or man-made disaster.

534.

Improvements to information technology systems

(a)

Measures to improve information technology systems

The Administrator shall take appropriate measures to update and improve the information technology systems of the Agency, including measures to— (1)ensure that the multiple information technology systems of the Agency (including the National Emergency Management Information System, the Logistics Information Management System III, and the Automated Deployment Database) are fully compatible and can share and access information from each other; (2)ensure technology enhancements reach the headquarters and regional offices of the Agency in a timely fashion, to allow seamless integration; (3)develop and maintain a testing environment that ensures that all system components are properly and thoroughly tested before their release; (4)ensure that the information technology systems of the Agency have the capacity to track disaster response personnel, mission assignments task orders, commodities, and supplies used in response to a natural or man-made disaster; (5)make appropriate improvements to the National Emergency Management Information System to address shortcomings in such system on the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006; and (6)provide training, manuals, and guidance on information technology systems to personnel, including disaster response personnel, to help ensure employees can properly use information technology systems. (b)

Report

Not later than 270 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including any actions taken, improvements made, any remaining problems and describing any additional funding needed to make necessary and appropriate improvements to the information technology systems of the Agency.

535.

Evacuation technical assistance

(a)

In General

The Administrator shall provide technical assistance to States and local governments that experience hurricanes, tsunamis, or other severe weather events, including the preparation of hurricane evacuation studies and evacuation plans assessing storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity. (b)

Plan and schedule

(1)

In general

Not later than 180 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall— (A)establish a plan and schedule for completing, maintaining, and periodically updating evacuation studies carried out by the Administrator to ensure that States and local governments that experience hurricanes, tsunamis, or other severe weather events have current and complete information available to them for the preparation of their own evacuation plans; and (B)include in the plan and schedule established under subparagraph (A) annual maintenance and updates of existing hurricane evacuation studies following each hurricane season for those basins impacted by a hurricane. (2)

Previously initiated studies

Any evacuation study initiated prior to the promulgation of a plan and schedule established under paragraph (1) shall be completed not later than January 1, 2008. (c)

Assistance and guidelines

The Administrator shall develop guidelines for the preparation of, and assist each State that is eligible for assistance under this section in producing, a State pre-storm evacuation and shelter plan which shall address the following: (1)Information, guidance, and data contained in hurricane evacuation studies and other models or projections of storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity. (2)Guidance regarding storm surge and evacuation-related estimates projections provided by the National Weather Service or the National Oceanic and Atmospheric Administration. (3)State planning assumptions, procedures, and guidelines for pre-storm evacuation-decision making and sheltering based on hurricane evacuation studies and published guidance by the Agency. (4)Transportation and shelter capabilities or resources that will be available and used by the State and by each county, parish or municipality to implement the State pre-storm evacuation and shelter plan. (5)Estimated costs for the State and for each county or parish to provide pre-storm evacuation and sheltering based on historical data, cost estimates developed by the State Comptroller that are updated after each hurricane season. (6)Any documented limitations on State, county, parish, or city resources or capability to provide for pre-storm evacuation and shelter and the planning assumptions of the State regarding the need for Federal assistance to compensate for such limitations. (d)

Report to Congress

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and annually thereafter, the Administrator shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives on the actions taken by the Administrator to carry out the provisions of this section, including the status of evacuation studies, State evacuation and shelter plans, and the incorporation of lessons learned from post-storm assessments.

536.

Evacuation Plans and Exercises

(a)

In General

Notwithstanding any other provision of law, grants made to States or local governments by the Department through the State Homeland Security Grant Program or the Urban Area Security Initiative may be used to— (1)establish programs for the development and maintenance of mass evacuation plans under subsection (b) in the event of a natural or man-made disaster; (2)prepare for the execution of such plans, including the development of evacuation routes and the purchase and stockpiling of necessary supplies and shelters; and (3)conduct exercises of such plans. (b)

Plan Development

In developing the mass evacuation plans authorized under subsection (a), each State or local government shall, to the maximum extent practicable— (1)establish incident command and decision making processes; (2)ensure that State and local government plans, including evacuation routes, are coordinated and integrated; (3)identify primary and alternative evacuation routes and methods to increase evacuation capabilities along such routes such as conversion of two-way traffic to one-way evacuation routes; (4)identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other institutional living facilities for individuals with special needs; (5)develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals who— (A)have special needs; (B)do not speak English; or (C)might otherwise have difficulty in obtaining such information; and (6)identify shelter locations and capabilities. (c)

Assistance

(1)

In general

The Administrator may establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective mass evacuation planning for State and local areas. (2)

Requested assistance

The Administrator shall make assistance available upon request of a State or local government to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish, maintain, and exercise mass evacuation plans that are coordinated and integrated into the plans developed by that State or local government under this section.

537.

Minimum performance measure requirements

(a)

In general

The Administrator shall ensure State, regional, and local emergency preparedness by establishing minimum performance requirements for public and community preparedness. (b)

Activities

The Administrator shall— (1)establish minimum performance requirements for entities that receive homeland security preparedness grants; (2)conduct, in coordination with Regional Offices, simulations and exercises to test minimum performance requirements for— (A)emergencies and major disasters not less than 2 times each year; and (B)catastrophic incidents not less than once each year; and (3)ensure that entities that the Administrator determines are failing to demonstrate minimum performance requirements under paragraph (1) shall remedy the areas of failure not later than the end of the second full fiscal year after the date of such determination by— (A)establishing a plan for the achievement of the minimum performance requirements under paragraph (1), including— (i)developing intermediate indicators for the 2 fiscal years following the date of such determination; and (ii)conducting additional simulations and exercises; and (B)revising the State homeland security plan. (c)

Waiver

At the discretion of the Administrator, the occurrence of an emergency, major disaster, or catastrophic incident in an area may be deemed as a simulation under subsection (b)(2). (d)

Report to Congress

Not later than the end of the first full fiscal year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and each fiscal year thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and to the Committee on Homeland Security of the House of Representatives a report describing— (1)the performance of grantees under subsection (b)(1); (2)lessons learned through the simulations and exercises under subsection (b)(2); and (3)efforts being made to remedy failed performance under subsection (b)(3).

538.

Coordination between the Agency and the United States Army Corps of Engineers

(a)

In General

The Administrator shall coordinate with the Commander and Chief of Engineers of the United States Army Corps of Engineers on those issues pertaining to natural and man-made disaster response, recovery, and mitigation concerning the missions of the Agency and the Corps to lessen the impact of natural and man-made disasters. (b)

Consultation

Consultation under this section shall include consideration of ways to establish better interdepartmental communication and strategic planning regarding levees, levy repair, flood plain management, critical infrastructure, and other relevant matters pertaining to vulnerable communities.

539.

Disclosure of certain information to law enforcement agencies

In the event of circumstances requiring an evacuation, sheltering, or mass relocation, the Secretary may disclose information in any individual assistance database of the Department in accordance with section 552a(b) of title 5, United States Code, (commonly referred to as the Privacy Act) to any law enforcement agency of the Federal Government or a State or local government in order to identify illegal conduct or address public safety or security issues, including compliance with sex offender notification laws.

; and (8)by inserting after section 545 (as redesignated by paragraph (6) of this subsection) the following: B

Emergency Communications

551.

Definitions

In this subtitle— (1)the term eligible region means— (A)2 or more contiguous incorporated municipalities, counties, parishes, Indian tribes, or other general purpose jurisdictions that— (i)have joined together to enhance emergency communications capabilities or communications interoperability between emergency response providers in those jurisdictions and with State and Federal officials; and (ii)includes the largest city in any metropolitan statistical area or metropolitan division, as defined by the Office of Management and Budget; or (B)any other area the Secretary determines to be consistent with the definition of a region in the national preparedness guidance issued under Homeland Security Presidential Directive 8; (2)the term National Emergency Communications Strategy means the strategy established under section 553; and (3)the term Office of Emergency Communications means the office established under section 552.

552.

Office of Emergency Communications

(a)

In General

There is established in the Agency an Office of Emergency Communications. (b)

Director

The head of the Office of Emergency Communications shall be the Director for Emergency Communications. The Director shall report to the Assistant Secretary for Cybersecurity and Telecommunications. (c)

Responsibilities

The Director for Emergency Communications shall— (1)assist the Secretary and the Administrator 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)); (2)carry out the responsibilities and authorities of the Department relating to the development and implementation of a strategy to achieve national communications interoperability and emergency communications capabilities and promulgating grant guidance for that purpose; (3)carry out the responsibilities under section 543; (4)conduct extensive, nationwide outreach and foster the development of emergency communications capabilities and interoperable communications systems by Federal, State, and local governments and public safety agencies, and by regional consortia thereof, by— (A)developing, updating, and implementing a national strategy to achieve emergency communications capabilities, with goals and timetables; (B)developing, updating, and implementing a national strategy to achieve communications interoperability, with goals and timetables; (C)developing a national architecture, which defines the components of an interoperable system and how the components are constructed; (D)in conjunction with the National Advisory Council, establishing and maintaining a task force that represents the broad customer base of public safety agencies of State and local governments, and Federal agencies, involved in public safety disciplines such as law enforcement, firefighting, emergency medical services, public health, and disaster recovery, in order to receive input and coordinate efforts to achieve emergency communications capabilities and communications interoperability; (E)working with the Interoperable Communications Technical Assistance Program to provide technical assistance to State and local government officials and the Regional Advisory Councils established under section 517; (F)promoting a greater understanding of the importance of emergency communications capabilities, communications interoperability, and the benefits of sharing resources among all levels of Federal, State, and local government; (G)promoting development of standard operating procedures for incident response and facilitating the sharing of information on best practices (including from governments abroad) for achieving emergency communications capabilities and communications interoperability; (H)making recommendations to Congress about any changes in Federal law necessary to remove barriers to achieving emergency communications capabilities and communications interoperability; (I)funding and conducting pilot programs, as necessary, in order to— (i)evaluate and validate technology concepts in real-world environments to achieve emergency communications capabilities and communications interoperability; (ii)encourage more efficient use of resources, including equipment and spectrum; and (iii)test and deploy public safety communications systems that are less prone to failure, support nonvoice services, consume less spectrum, and cost less; (J)liaisoning with the private sector to develop solutions to improve emergency communications capabilities and achieve communications interoperability; (K)using modeling and simulation for training exercises and command and control functions at the operational level; and (L)performing other functions necessary to improve emergency communications capabilities and achieve communications interoperability; (5)administer the responsibilities and authorities of the Department relating to the Integrated Wireless Network Program; (6)administer the responsibilities and authorities of the Department relating to the National Communications System; (7)administer the responsibilities and authorities of the Department related to the Emergency Alert System and the Integrated Public Alert and Warning System; (8)establish an effective, reliable, integrated, flexible, and comprehensive system to alert and warn the people of the United States in the event of a natural or man-made disaster; (9)administer the responsibilities and authorities of the Department relating to Office of Interoperability and Compatibility; (10)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; (11)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 emergency communications capabilities; (12)review, in consultation with the Assistant Secretary for Grants and Training, all interoperable emergency communications plans of Federal, State, and local governments, including Statewide and tactical interoperability plans; and (13)create an interactive database that contains an inventory of emergency communications assets maintained by the Federal Government and, where appropriate, State and local governments and the private sector, that— (A)can be deployed rapidly following a natural or man-made disaster to assist emergency response providers and State and local governments; and (B)includes land mobile radio systems, satellite phones, portable infrastructure equipment, backup power system equipment, and other appropriate equipment and systems.

553.

National Emergency Communications Strategy

(a)

In General

Not later than 180 days after the completion of the baseline assessment under section 554, and in cooperation with State and local governments, Federal departments and agencies, emergency response providers, and the private sector, the Administrator, acting through the Director for Emergency Communications, shall develop a National Emergency Communications Strategy to achieve national emergency communications capabilities and interoperable emergency communications. (b)

Contents

The National Emergency Communication Strategy shall— (1)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; (2)identify the appropriate emergency communications capabilities and communications interoperability necessary for Federal, State, and local governments to operate during natural and man-made disasters; (3)address both short-term and long-term solutions to achieving Federal, State, and local government emergency communications capabilities and interoperable emergency communications systems, including provision of commercially available equipment that facilitates operability, interoperability, coordination, and integration among emergency communications systems; (4)identify how Federal departments and agencies that respond to natural or man-made disasters can work effectively with State and local governments, in all States, and with such other entities as are necessary to implement the strategy; (5)include measures to identify and overcome all obstacles to achieving interoperable emergency communications; (6)set goals and establish timetables for the development of an emergency, command-level communication system based on equipment available across the United States and a nationwide interoperable emergency communications system; (7)identify appropriate and reasonable measures public safety agencies should employ to ensure that their network infrastructure remains operable during a natural or man-made disaster; (8)include education of State and local government emergency response providers about the availability of backup emergency communications assets and their importance in planning for natural and man-made disasters; (9)identify, in consultation with the Federal Communications Commission, measures State and local governments should employ to ensure operability of 911, E911 and public safety answering points during natural and man-made disasters; and (10)include building the capability to adapt the distribution and content of emergency alerts on the basis of geographic location, risks, or personal user preferences, as appropriate.

554.

Assessments and reports

(a)

Baseline Operability and Interoperability Assessment

Not later than June 1, 2007, and periodically thereafter, but not less frequently than every 5 years, the Administrator, acting through the Director for Emergency Communications, shall conduct an assessment of Federal, State, and local governments to— (1)define the range of emergency communications capabilities and communications interoperability needed for specific events; (2)assess the capabilities to meet such communications needs; (3)determine the degree to which necessary emergency communications capabilities and communications interoperability have been achieved; (4)ascertain the needs that remain for communications interoperability to be achieved; (5)assess the ability of communities to provide and maintain emergency communications capabilities and communications interoperability among emergency response providers, and government officials in the event of a natural or man-made disaster, including when there is substantial damage to ordinary communications infrastructure or a sustained loss of electricity; (6)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 emergency communications system; and (7)compile a list of best practices among communities for providing and maintaining emergency communications capabilities and communications interoperability in the event of a natural or man-made disaster. (b)

Mobile communications

The Administrator, acting through the Director of Emergency Communications, shall evaluate the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of a natural or man-made disaster. (c)

Annual Report

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, and annually thereafter until the date that is 10 years after such date, the Administrator, acting through the Director for Emergency Communications, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Department in implementing and achieving the goals of this subtitle, including a description of the findings of the most recent nationwide assessment conducted under subsection (a).

555.

Coordination of Federal emergency communications grant programs

(a)

Assessment of Grants and Standards Programs

The Secretary, acting through the Director for Emergency Communications, in coordination with other Federal departments and agencies, and in consultation with the National Advisory Committee, shall review Federal emergency communications grants and standards programs across the Federal government to— (1)integrate and coordinate Federal grant guidelines for the use of Federal assistance relating to interoperable emergency communications and emergency communications capabilities; (2)assess and make recommendations to ensure that such guidelines are consistent across the Federal Government; 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 may prohibit any State or local government from using Federal homeland security assistance administered by the Department to achieve, maintain, or enhance interoperable emergency communications capabilities if— (A)such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); (B)the State or local government has not taken adequate steps to maintain operability of network infrastructure in order to prepare for a natural or man-made disaster; or (C)a grant request does not comply with interoperable communications equipment standards, after those standards have been developed through a voluntary consensus-based process or are promulgated pursuant to the authority under paragraph (2). (2)

Standards

If the Secretary determines that inadequate progress is being made on the completion of voluntary consensus-based interoperable communications equipment standards, the Secretary may promulgate such standards and include them in interoperable communications grant guidance.

556.

Emergency communications interoperability research and development

(a)

In General

The Secretary shall establish a comprehensive research and development program to promote emergency communications capabilities and communications interoperability among emergency response providers, including by— (1)promoting research on a competitive basis through the Directorate of Science and Technology Homeland Security Advanced Research Projects Agency; and (2)establishing a Center of Excellence under the Department of Homeland Security Centers of Excellence Program, using a competitive process, focused on enhancing information and communications systems for emergency response providers. (b)

Purposes

The purposes of the program established under subsection (a) include— (1)understanding the strengths and weaknesses of the public safety communications systems in use; (2)examining how current and emerging technology can make public safety organizations more effective, and how Federal, State, and local government agencies can use this technology in a coherent and cost-effective manner; (3)exploring Federal, State, and local government policies that shall move systematically towards long-term solutions; (4)evaluating and validating technology concepts, and promoting the deployment of advanced public safety information technologies for emergency communications capabilities and communications interoperability; and (5)advancing the creation of a national strategy to enhance emergency communications capabilities, promote communications interoperability and efficient use of spectrum in communications systems, improve information sharing across organizations, and use advanced information technology to increase the effectiveness of emergency response providers in valuable new ways.

557.

Emergency communications pilot projects

(a)

Establishment

(1)

In General

Not later than 1 year after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Administrator shall establish not fewer than 2 pilot projects to develop and evaluate strategies and technologies for providing and maintaining emergency communications capabilities and communications interoperability among emergency response providers and government officials in the event of a natural or man-made disaster in which there is significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity. (2)

Interoperable data communications

Not less than 1 pilot project under this section shall involve the development of interoperable data communications, including medical and victim information, so that this information can be shared among emergency response providers, as needed, at all levels of government, and in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–91; 110 Stat. 1936). (b)

Selection Criteria

In selecting areas for the location of the pilot projects under this section, the Administrator shall consider— (1)the risk to the area from a large-scale terrorist attack or natural disaster; (2)the number of potential victims from a large-scale terrorist attack or natural disaster in the area; (3)the capabilities of the emergency communications systems of the area and capabilities for the development of modeling and simulation training and command and control functions; and (4)such other criteria as the Administrator may determine appropriate.

558.

Emergency communications and interoperability grants

(a)

In General

The Administrator, through the Office of the Grants and Training, shall make grants to States and eligible regions for initiatives necessary to improve emergency communications capabilities and to achieve short-term or long-term solutions to statewide, regional, national, and, where appropriate, international interoperability. (b)

Use of Grant Funds

Grants awarded under subsection (a) may be used for initiatives to achieve short-term or long-term solutions for emergency communications capabilities and communications interoperability within the State or region and to assist with any aspect of the communication life cycle, including— (1)statewide or regional communications planning; (2)system design and engineering; (3)procurement and installation of equipment; (4)exercises; (5)modeling and simulation exercises for operational command and control functions; (6)other activities determined by the Administrator to be integral to the achievement of emergency communications capabilities and communications interoperability; and (7)technical assistance and training. (c)

Coordination

The Administrator shall ensure that the Office of Grants and Training coordinates its activities with the Office of Emergency Communications, the Directorate of Science and Technology and other Federal entities so that grants awarded under this section, and other grant programs related to homeland security, fulfill the purposes of this section and facilitate the achievement of emergency communications capabilities and communications interoperability consistent with the national strategy. (d)

Application

(1)

In general

A State or eligible region desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (2)

Minimum contents

At a minimum, each application submitted under paragraph (1) shall— (A)identify the critical aspects of the communications life cycle, including planning, system design and engineering, procurement and installation, and training for which funding is requested; (B)describe how— (i)the proposed use of funds would be consistent with and address the goals in any applicable State homeland security plan, and, unless the Secretary determines otherwise, is consistent with the national strategy and architecture; and (ii)the applicant intends to spend funds under the grant, to administer such funds, and to allocate such funds among any participating local governments; and (C)be consistent with the Interoperable Communications Plan required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)). (e)

State Review and Submission

(1)

In general

To ensure consistency with State homeland security plans, an eligible region applying for a grant under this section shall submit its application to each State within which any part of the eligible region is located for review before submission of such application to the Administrator. (2)

Deadline

Not later than 30 days after receiving an application from an eligible region under paragraph (1), each such State shall transmit the application to the Administrator. (3)

State disagreement

If the Governor of any such State determines that a regional application is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall— (A)notify the Administrator in writing of that fact; and (B)provide an explanation of the reasons for not supporting the application at the time of transmission of the application. (f)

Award of Grants

(1)

Considerations

In approving applications and awarding grants under this section, the Administrator shall consider— (A)the nature of the threat to the State or eligible region from natural or man-made disasters; (B)the location, risk, or vulnerability of critical infrastructure and key national assets, including the consequences from damage to critical infrastructure in nearby jurisdictions as a result of a natural or man-made disaster; (C)the size of the population, and the population density of the area, that will be served by the interoperable emergency communications systems, except that the Secretary shall not establish a minimum population requirement that would disqualify from consideration an area that otherwise faces significant threats, vulnerabilities, or consequences from a natural or man-made disaster; (D)the extent to which grants will be used to implement emergency communications and interoperability solutions— (i)consistent with the national strategy and compatible with national infrastructure and equipment standards; and (ii)more efficient and cost effective than current approaches; (E)the number of jurisdictions within regions participating in the development of emergency communications capabilities and interoperable emergency communications systems, including the extent to which the application includes all incorporated municipalities, counties, parishes, and tribal governments within the State or eligible region, and their coordination with Federal and State agencies; (F)the extent to which a grant would expedite the achievement of emergency communications capabilities and communications interoperability in the State or eligible region with Federal, State, and local government agencies; (G)the extent to which a State or eligible region, given its financial capability, demonstrates its commitment to expeditiously achieving emergency communications capabilities and communications interoperability by supplementing Federal funds with non-Federal funds; (H)whether the State or eligible region is on or near an international border; (I)whether the State or eligible region encompasses an economically significant border crossing; (J)whether the State or eligible region has a coastline bordering an ocean or international waters including the Great Lakes; (K)the extent to which geographic barriers pose unusual obstacles to achieving emergency communications capabilities or communications interoperability; (L)the threats, vulnerabilities, and consequences faced by the State or eligible region related to at-risk sites or activities in nearby jurisdictions, including the need to respond to natural or man-made disasters arising in those jurisdictions; (M)the need to achieve nationwide emergency communications capabilities and communications interoperability, consistent with the national strategies; (N)the extent to which the State has formulated a State executive interoperability committee or conducted similar statewide planning efforts; (O)whether the activity for which a grant is requested is being funded under another homeland security grant program; and (P)such other factors as are specified by the Secretary in writing. (2)

Review panel

(A)

In general

The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section. (B)

Recommendations

The review panel established under subparagraph (A) shall make recommendations to the Administrator regarding applications for grants under this section. (C)

Membership

The review panel established under subparagraph (A) shall include individuals with technical expertise in emergency communications and communications interoperability and emergency response providers and other relevant State and local government officials. (3)

Availability of funds

Any grant funds awarded that may be used to support emergency communications capabilities or communications interoperability shall, as the Administrator may determine, remain available for up to 3 years, consistent with section 7303(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).

.

102.

Conforming amendments relating to intelligence reform

Section 7303(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) is amended— (1)by striking paragraph (1) and inserting the following: (1)

Interoperable emergency communications system and communications interoperability

The terms interoperable emergency communications system and communications interoperability mean the ability of emergency response providers and relevant Federal, State, and local government agencies to— (A)communicate with each other as necessary, using information technology systems and radio communications systems; and (B)exchange voice, data, or video with each other on demand, in real time, as necessary. ; and (2)by adding at the end the following: (3)

Emergency communications capabilities

The term emergency communications capabilities means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency responders, agencies, and government officials from multiple disciplines and jurisdictions and at all levels of government in the event of a natural disaster, terrorist attack, or other large-scale or catastrophic emergency, including where there has been significant damage to, or destruction of, critical infrastructure, substantial loss of ordinary telecommunications infrastructure, and sustained loss of electricity. .

103.

Border interoperability demonstration projects

(a)

Definitions

In this section— (1)the term demonstration project means a demonstration project established under subsection (b)(1); and (2)the term interoperable emergency communications system has the meaning given that term in section 501 of the Homeland Security Act of 2002, as amended by this Act. (b)

In General

(1)

Establishment

There is established in the Department an International Border Community Interoperable Communications Demonstration Project. (2)

Minimum number of communities

The Secretary shall select not fewer than 6 communities to participate in a demonstration project. (3)

Location of communities

Not fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and not fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States. (c)

Project Requirements

A demonstration project shall— (1)address the interoperable emergency communications system needs of police officers, firefighters, emergency medical technicians, National Guard, and other emergency response providers; (2)foster interoperable emergency communications systems— (A)among Federal, State, local, and tribal government agencies in the United States involved in preventing or responding to terrorist attacks or other catastrophic events; and (B)with similar agencies in Canada or Mexico; (3)identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment; (4)foster the standardization of equipment for interoperable emergency communications systems; (5)identify solutions that will facilitate communications interoperability across national borders expeditiously; (6)ensure that emergency response providers can communicate with each other and the public at disaster sites; (7)provide training and equipment to enable emergency response providers to deal with threats and contingencies in a variety of environments; and (8)identify and secure appropriate joint-use equipment to ensure communications access. (d)

Distribution of Funds

(1)

In general

The Secretary shall distribute funds under this section to each community participating in a demonstration project through the State, or States, in which each community is located. (2)

Other participants

Not later than 60 days after receiving funds under paragraph (1), a State receiving funds under this section shall make the funds available to the local governments and emergency response providers selected by the Secretary to participate in a demonstration project. (e)

Reporting

Not later than December 31, 2007, and each year thereafter in which funds are appropriated for a demonstration project, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the demonstration projects.

104.

Technical and conforming amendments

(a)

Executive schedule

(1)

Administrator

Section 5313 of title 5, United States Code, is amended by adding at the end the following: Administrator of the Federal Emergency Management Agency. . (2)

Directors

Section 5314 of title 5, United States Code, is amended by adding at the end the following: Directors, Federal Emergency Management Agency. . (b)

Officers of the department

Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— (1)by striking paragraph (5) and inserting the following: (5)An Administrator of the Federal Emergency Management Agency. ; (2)by striking paragraph (2); and (3)by redesignating paragraphs (3) through (10) (as amended by this subsection) as paragraphs (2) through (9), respectively. (c)

References

Any reference to the Director of the Federal Emergency Management Agency, in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this title shall be considered to refer and apply to the Administrator of the Federal Emergency Management Agency. (d)

Table of contents

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following: TITLE V—National emergency management Sec. 501. Definitions. Subtitle A—Preparedness and response Sec. 511. Definitions. Sec. 512. Federal Emergency Management Agency. Sec. 513. Authorities and responsibilities. Sec. 514. Agency components. Sec. 515. Preserving the Federal Emergency Management Agency. Sec. 516. Directors. Sec. 517. Regional Offices. Sec. 518. National Advisory Council on Preparedness and Response. Sec. 519. National Incident Management System Integration Center. Sec. 520. National Operations Center. Sec. 521. Chief Medical Officer. Sec. 522. Public and community preparedness. Sec. 523. Basic life supporting first aid education for children. Sec. 524. SAVER Program. Sec. 525. National Search and Rescue Response System. Sec. 526. Metropolitan Medical Response System. Sec. 527. The National Infrastructure Simulation and Analysis Center. Sec. 528. Emergency Management Assistance Compact. Sec. 529. Office for the Prevention of Terrorism. Sec. 530. Department officials. Sec. 531. Credentialing. Sec. 532. Typing of resources. Sec. 533. Providing secure access to critical infrastructure. Sec. 534. Improvements to information technology systems. Sec. 535. Evacuation technical assistance. Sec. 536. Evacuation Plans and Exercises. Sec. 537. Minimum performance measure requirements. Sec. 538. Coordination between the Agency and the United States Army Corps of Engineers. Sec. 539. Disclosure of certain information to law enforcement agencies. Sec. 540. Nuclear incident response. Sec. 541. Conduct of certain public health-related activities. Sec. 542. Use of national private sector networks in emergency response. Sec. 543. Use of commercially available technology, goods, and services. Sec. 544. Procurement of security countermeasures for strategic national stockpile. Sec. 545. Urban and other high risk area communications capabilities. Subtitle B—Emergency Communications Sec. 551. Definitions. Sec. 552. Office of Emergency Communications. Sec. 553. National Emergency Communications Strategy. Sec. 554. Assessments and reports. Sec. 555. Coordination of Federal emergency communications grant programs. Sec. 556. Emergency communications interoperability research and development. Sec. 557. Emergency communications pilot projects. Sec. 558. Emergency communications and interoperability grants. .

.

212.

Individuals with disabilities

(a)

Guidelines

Not later than 90 days after the date of enactment of this Act, the Administrator shall develop guidelines to accommodate individuals with disabilities, which shall include guidelines for— (1)the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and (2)devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing. (b)

Nondiscrimination in disaster assistance

Section 308(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting disability, after age,. (c)

Essential Assistance

Section 403(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is amended— (1)in paragraph (2), by inserting durable medical equipment, after medicine; and (2)in paragraph (3)— (A)in subparagraph (B), by inserting durable medical equipment, after medicine; (B)in subparagraph (H), by striking and at the end; (C)in subparagraph (I), by striking the period and inserting ; and; and (D)by adding at the end the following: (J)provision of rescue, care, shelter, and essential needs— (i)to individuals with household pets and service animals; and (ii)to such pets and animals. . (d)

Repair, Restoration, and Replacement of Damaged Facilities

Section 406(e)(1)(A)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)(ii)) is amended by inserting disability accessibility requirements, after specifications. (e)

Federal Assistance to Individuals and Households

Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended— (1)in subsection (b)(1), by inserting , or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, after uninhabitable; and (2)in subsection (d)(1)(A)— (A)in clause (i), by striking and after the semicolon; (B)by redesignating clause (ii) as clause (iii); and (C)by inserting after clause (i) the following: (ii)meets the physical accessibility requirements for individuals with disabilities; and . (f)

Emergency Public Transportation

Section 419 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5186) is amended by adding at the end the following: The President shall ensure to the maximum extent practicable that temporary public transportation services under this section are planned, designed, and carried out to meet the needs of individuals with disabilities and others with special needs.. (g)

Exercises

The Administrator shall include individuals with disabilities in preparedness and planning activities.

213.

Disability coordinator

The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 302 the following:

302A.

Disability coordinator

(a)

In general

After consultation with organizations representing individuals with disabilities and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 312 note), the Administrator of the Federal Emergency Management Agency shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. (b)

Responsibilities

The Disability Coordinator shall be responsible for— (1)providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (2)interacting directly with the staff of the Federal Emergency Management Agency, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of the Federal Government, and State and local government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (3)consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; (4)coordinating and disseminating best practices and model evacuation plans for individuals with disabilities; (5)developing a curriculum for training of emergency response providers (as that term is defined in section 102 of the Homeland Security Act of 2002 (6 U.S.C. 101)) on the needs of individuals with disabilities, including the needs of individuals with physical disabilities and the needs of individuals with psychiatric disabilities; (6)developing training materials for State and local governmental officials, emergency response providers, and others about the importance of allowing individuals with disabilities to retain their durable medical equipment, wheelchairs, service animals, and other assistive devices, to the maximum extent possible, in the aftermath of a major disaster; (7)working with the Director of the Centers for Medicare and Medicaid Services, durable medical equipment regional carriers, manufacturers and suppliers of durable medical equipment, and medical professionals to draft an emergency response plan for the temporary loan or replacement of durable medical equipment in the event of a major disaster; (8)ensuring the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; (9)working with the Chairman of the Federal Communications Commission to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; (10)coordinating the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (11)providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; (12)ensuring that meeting the needs of individuals with disabilities are included in any Federal emergency response plans; and (13)any other duties relevant to emergency preparedness and response for individuals with disabilities.

.

214.

Accessible housing

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by adding at the end the following— (iv)

Accessibility

(I)

In general

Not less than 7 percent of the total housing units provided under this subparagraph for a major disaster shall be made accessible for persons with mobility impairments. Not less than an additional 2 percent of such units shall be made accessible for persons with hearing or vision impairments. Not less than 1 percent of such units shall be made accessible for persons with mobility and hearing or vision impairments. (II)

Increases

Any State, local government, or Federal agency may request an increase in the percentage under subclause (I), based upon demonstration of a need for a higher percentage, based on census data or other available data on the location of people with disabilities, or in response to evidence of a need for higher percentage or number received in any other manner. In reviewing a request under this subclause, or otherwise assessing the existence of such needs, the President shall take into account the expected needs of eligible persons with and without disabilities. .

215.

GAO Study on accessibility of emergency shelters

(a)

In general

The Comptroller General of the United States shall conduct a national study regarding whether, and, if so, to what extent, emergency shelters for use in response to a major disaster are accessible to, and usable by, individuals with disabilities. (b)

Report

Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Homeland Security and the Committee on Education and the Workforce of the House of Representatives summarizing the results of the study conducted under subsection (a).

216.

Reunification

(a)

Definitions

In this section: (1)

Child Locator Center

The term Child Locator Center means the National Emergency Child Locator Center established under subsection (c). (2)

Declared event

The term declared event means a major disaster or emergency. (3)

Displaced adult

The term displaced adult means an individual 21 years of age or older who is displaced from the habitual residence of that individual as a result of a declared event. (4)

Displaced child

The term displaced child means an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of a declared event. (b)

National emergency child locator center

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Attorney General of the United States, shall establish within the National Center for Missing and Exploited Children the National Emergency Child Locator Center. In establishing the National Emergency Child Locator Center, the Administrator shall establish procedures to make all relevant information available to the National Emergency Child Locator Center in a timely manner to facilitate the expeditious identification and reunification of children with their families. (2)

Purposes

The purposes of the Child Locator Center are to— (A)enable individuals to provide to the Child Locator Center the name of and other identifying information about a displaced child or a displaced adult who may have information about the location of a displaced child; (B)enable individuals to receive information about other sources of information about displaced children and displaced adults; and (C)assist law enforcement in locating displaced children. (3)

Responsibilities and duties

The responsibilities and duties of the Child Locator Center are to— (A)establish a toll-free telephone number to receive reports of displaced children and information about displaced adults that may assist in locating displaced children; (B)create a website to provide information about displaced children; (C)deploy its staff to the location of a declared event to gather information about displaced children; (D)assist in the reunification of displaced children with their families; (E)provide information to the public about additional resources for disaster assistance; (F)work in partnership with Federal, State, and local law enforcement agencies; (G)provide technical assistance in locating displaced children; (H)share information on displaced children and displaced adults with governmental agencies and nongovernmental organizations providing disaster assistance; (I)use its resources to gather information about displaced children; (J)refer reports of displaced adults to— (i)an entity designated by the Attorney General to provide technical assistance in locating displaced adults; and (ii)the National Emergency Family Registry and Locator System as defined under section 217(a); and (K)enter into cooperative agreements with Federal and State agencies and other organizations such as the American Red Cross as necessary to implement the mission of the Child Locator Center; and (L)develop an emergency response plan to prepare for the activation of the Child Locator Center. (c)

Conforming amendments

Section 403(1) of the Missing Children's Assistance Act (42 U.S.C. 5772(1)) is amended— (1)in subparagraph (A), by striking or at the end; (2)in subparagraph (B), by adding or after the semicolon; and (3)by inserting after subparagraph (B) the following: (C)the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . (d)

Report

Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives a report describing in detail the status of the Child Locator Center, including funding issues and any difficulties or issues in establishing the Center or completing the cooperative agreements described under section 216(b)(3)(K).

217.

National Emergency Family Registry and Locator System

(a)

Definitions

In this section— (1)the term displaced individual means an individual displaced by an emergency or major disaster; and (2)the term National Emergency Family Registry and Locator System means the National Emergency Family Registry and Locator System established under subsection (b). (b)

Establishment

Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a National Emergency Family Registry and Locator System to help reunify families separated after an emergency or major disaster. (c)

Operation of system

The National Emergency Family Registry and Locator System shall— (1)allow a displaced adult to voluntarily register (and allow an adult that is the parent or guardian of a displaced child to register such child), by submitting personal information to be entered into a database (such as the name, current location of residence, and any other relevant information that could be used by others seeking to locate that individual); (2)include a means of providing information submitted under paragraph (1) to individuals named by a displaced individual and to law enforcement officials; (3)be accessible through the Internet and through a toll-free number, to receive reports of displaced individuals; and (4)include a means of referring displaced children to the National Emergency Child Locator Center established under section 216. (d)

Publication of information

Not later than 210 days after the date of enactment of this Act, the Administrator shall establish a mechanism to inform the public about the National Emergency Family Registry and Locator System and its potential usefulness for assisting to reunite displaced individuals with their families. (e)

Coordination

Not later than 90 days after the date of enactment of this Act, the Administrator shall enter a memorandum of understanding with the Department of Justice, the National Center for Missing and Exploited Children, the Department of Health and Human Services, and the American Red Cross and other relevant private organizations that will enhance the sharing of information to facilitate reuniting displaced individuals with their families. (f)

Report

Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing in detail the status of the National Emergency Family Registry and Locator System, including any difficulties or issues in establishing the System, including funding issues.

218.

Federal assistance to individuals and households

(a)

Shared households

(1)

In general

Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is amended— (A)by striking The President may and inserting the following: (A)

In general

The President may ; and (B)by adding at the end the following: (B)

Shared households

(i)

Definition

In this subparagraph, the term member of the predisaster household means an individual who was a member of the predisaster household of the individual or a member of the predisaster household seeking assistance, as the case may be. (ii)

Eligibility for shared households

The President may not deny assistance to an individual or household under this section because a member of the predisaster household has already received assistance under this section, if the individual or household seeking assistance— (I)has evacuated the predisaster residence of that individual or household and who for good cause, as determined by the President, resides in a different location than a member of the predisaster household who has already received assistance under this section; (II)is a victim of domestic violence, as defined under section 40002(a)(6) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(6)) and, in order to protect the safety of such individual or because of family or household break up or divorce, resides in a different residence than the member of the predisaster household who has already received assistance under this section; or (III)has other good cause, as determined by the President, for maintaining a separate household from the member of the predisaster household who has already received assistance under this section. (iii)

Determination of victim of domestic violence

In determining whether someone is a victim of domestic violence for purposes of clause (ii)(II), the President shall consider all credible evidence. . (2)

Regulations

Not later than 180 days after the date of enactment of this Act, the President shall issue regulations to carry out the amendments made by this subsection. (b)

Utility costs and fair market rent

Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended— (1)in clause (i), by adding at the end the following: Such assistance may include the payment of the cost of utilities, excluding telephone service.; (2)in clause (ii), by inserting security deposits, after hookups,; and (3)by adding at the end the following: (iii)

Adjustments to amount

(I)

In general

The President shall provide assistance under clause (i) in an amount up to 120 percent of fair market rent plus the costs described in clause (ii) if the President determines that, as a result of rental market changes caused by the major disaster and its consequences, the fair market rent does not accurately reflect the reasonable cost of rental units available to individuals and households receiving assistance under clause (i). The President may provide assistance over 120 percent of fair market rent if the President determines that due to extraordinary circumstances a higher percentage is necessary. The President shall publicly announce any adjustment to the fair market rent in accordance with this subsection. (II)

Persons with disabilities

The President shall adjust the amount of assistance under clause (i) if the President deems such adjustment necessary to accommodate the special housing needs of an individual with disabilities, as that term is as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)). (iv)

Definition

In this subparagraph, the term fair market rent means the rent (including utilities, except telephone service), as determined by the Department of Housing and Urban Development, for units of varying sizes (by number of bedrooms), that must be paid in the market area to rent privately-owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. . (c)

Guidance on housing assistance

Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: (5)

Public guidance on housing assistance

(A)

In general

The President shall issue public guidance in simple terms explaining— (i)all types of housing assistance available under this Act to individuals and households affected by a major disaster; (ii)the specific requirements that individuals and households shall meet to be eligible for different types of housing assistance under this Act, including requirements for continuation of housing assistance provided; (iii)procedures for applying for such assistance; (iv)any relevant local condition; and (v)any modifications of previously announced policies or procedures. (B)

Form of issuing guidance

The President shall— (i)post the guidance described in subparagraph (A) on the website of the Federal Emergency Management Agency; (ii)provide a copy of the guidance described in subparagraph (A) to any individual or household who requests housing assistance; and (iii)take other reasonable steps to ensure that the guidance described in subparagraph (A) is freely accessible to the public. (C)

Accessibility

The guidance under subparagraph (A) shall be issued in formats that may be understood by individuals with— (i)vison impairments; (ii)limited English proficiency; and (iii)other special needs. (D)

Revisions

Any revisions to the guidance described in subparagraph (A) shall be publicized as described in subparagraph (B). (E)

Deadline

Not later than 5 days after declaring a major disaster, the President shall publicize the guidance described in this section and any local modifications. The President shall also publicize any subsequent modifications to the policy guidance described in this section not later than 2 days after the date of any such modification. .

219.

Mental health services

(a)

In general

Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5183) is amended— (1)by inserting and substance abuse after counseling; (2)by inserting or prevent after relieve; (3)by inserting or substance abuse after mental health; and (4)by inserting or identified mental health conditions or disorders after problems. (b)

Response plan

Not later than 180 days after the date of enactment of this Act, the Substance Abuse and Mental Health Services Administration and other Federal agencies providing mental health or substance abuse services, in coordination with the Administrator and State and local government officials with responsibilities for providing mental health or substance abuse prevention and services, shall— (1)conduct a survey of mental health or substance abuse services and any applicable support services available to individuals affected by major disasters and to emergency response providers responding to major disasters; and (2)develop a strategy for the adequate provision of mental health and substance abuse services to individuals affected by major disasters and to emergency response providers responding to major disasters.

220.

Disaster related information services

(a)

Definition

In this section— (1)the term documents includes— (A)emergency notifications, public broadcasts, flyers, brochures, applications, and letters containing important information regarding assistance authorized to be provided by the President under this Act, and the amendments made by this Act; (B)notices pertaining to the reduction, denial, or termination of services or benefits under this Act, and the amendments made by this Act, including the right to appeal such actions; and (C)notices of the availability of free language services and other outreach materials; (2)the term appropriate population segments includes groups comprising a substantial portion of limited English proficient individuals in the area for which the President declares a major disaster; and (3)the term individuals with limited English proficiency means individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English. (b)

Reasonable steps To communicate with people with limited english proficiency or individuals with disabilities

In carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President shall— (1)ensure that all Federal entities that provide assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by this Act, maintain, on a continuing and updated basis, the capability to administer competent interpretation and translation services; (2)consult all available data and communicate with State and local governments and relevant non-governmental organizations for the purposes of— (A)identifying individuals with limited English proficiency; and (B)including such individuals in disaster preparedness planning; (3)direct all Federal agencies to implement disaster relief assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by providing to appropriate population segments, in a timely manner, competent interpretation services and translated documents; (4)provide documents to individuals with disabilities or other special needs in formats they can understand; (5)ensure that translated documents are provided to organizations that could assist with their distribution to affected population segments; (6)have available for activation disaster assistance employees sufficient to comply with paragraphs (1), (2), (3), and (4); and (7)develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing disaster and emergency related services. (c)

Technical assistance for development of plans and programs

Section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by inserting with and without English proficiency, disabilities, or other special needs after to individuals.

221.

Standards for State and local emergency preparedness operational plans

(a)

Standards

(1)

In general

Section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) is amended— (A)by redesignating subsection (g) as subsection (h); and (B)by inserting after subsection (f) the following: (g)

Standards for State and Local Emergency Preparedness Plans

In approving standards for State and local emergency preparedness plans under subsection (b)(3), the Administrator shall ensure that such plans take into account the needs of individuals with special needs and requirements as described in section 611(f) and individuals with pets as described in section 611(g). . (2)

Plan requirements

Section 613(b)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b(b)(3)) is amended by inserting before the semicolon , in consultation with State and local government officials. (b)

Planning for special needs and individuals with pets

Section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196) is amended— (1)by redesignating subsections (f) through (k) as subsections (h) through (m); and (2)by inserting after subsection (e) the following: (f)The Administrator of the Federal Emergency Management Agency, shall take appropriate actions to ensure that each State, in its Homeland Security Strategy or other homeland security plan, provides detailed and comprehensive predisaster and postdisaster plans for individuals with special needs and their care givers, including individuals with disabilities and individuals with chronic diseases, including those with service animals, individuals with limited English proficiency, children, and the elderly, including plans for medical care, evacuations and sheltering. The Administrator shall also ensure that such plans address the evacuation planning needs of those unable to evacuate themselves, including those individuals with low-income or without access to private transportation and those requiring specialized transportation because of medical conditions. (g)The Administrator of the Federal Emergency Management Agency shall take appropriate actions to ensure that State and local emergency preparedness, evacuation, and sheltering plans take into account the needs of individuals with household pets prior to, during, and following a major disaster or emergency. . (c)

Assistance to States and local authorities

Section 611(l)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by subsection (b) of this section, is amended by striking the period at the end of the first sentence and inserting the following: , and the Administrator of the Federal Emergency Management Agency may provide financial and technical support, including the services of subject matter experts, such as pediatricians and geriatricians, on the basis of programs or projects approved by the Administrator, to States and local governments for the purpose of developing and implementing plans for individuals with special needs and requirements, as identified in subsection (f), including procurement of facilities and medical equipment and supplies for the care of such individuals, and individuals with pets as identified in subsection (g), including the procurement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate individuals with disabilities, individuals with special needs, and individuals with household pets or service animals.. (d)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report— (1)evaluating the adequacy of the plans of the States to evacuate individuals with special needs and requirements, as described in section 611(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by subsection (b) of this section, in emergencies or major disasters that would warrant their evacuation; and (2)discussing— (A)whether the States have the resources necessary to implement fully their evacuation and sheltering plans; and (B)the manner in which the plans of the States are integrated with the response plans of the Federal Government for natural and man-made disasters that would require the evacuation and sheltering of individuals with special needs. (e)

Training programs

Section 611(h)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by subsection (b) of this section is amended by striking subparagraph (A) and inserting the following: (A)conduct or arrange by contract or otherwise, the training programs for the instruction of emergency preparedness and response officials and other persons in the organization, operation and techniques of emergency preparedness and response, including planning for and responding to individuals with special needs; .

222.

Transportation assistance and case management services to individuals and households

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.), as amended by this Act, is amended by adding at the end the following:

426.

Transportation assistance to individuals and households

The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this Act or otherwise transported from their predisaster primary residences under section 403(a)(3) or 502, to and from alternative locations for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location, as determined necessary by the President.

427.

Case management services

The President may provide case management services, including financial assistance, to State or local government agencies or qualified private organizations to provide such services, to victims of major disasters to identify and address unmet needs.

.

223.

Non-Federal assistance

Section 801 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201), as redesignated by this Act, is amended— (1)in subsection (b), by striking the period at the end of the first sentence and inserting the following: including from foreign organizations and governments.; and (2)by adding at the end the following: (c)

Receipt and Coordination of Gifts from Foreign Sources

Notwithstanding the provisions of section 612, the President or the designee of the President shall coordinate receipt of gifts or assistance from foreign sources with the Secretary of Defense and the Secretary of State with regard to— (1)the identification of emergency requirements for which such gifts or assistance are required and appropriate; and (2)procedures for receipt, distribution, and monitoring of the use of such gifts or assistance. .

224.

Disaster coordination

Not later than 180 days after the date of enactment of this Act, the Administrator shall, in consultation with the Secretary of Defense and the Secretary of State, develop policies and procedures relating to the effective coordination of disaster assistance from non-Federal entities, including private and foreign entities and governments, as provided under section 801 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as redesignated by this Act, including— (1)coordination with other disaster assistance from the Federal Government, and State and local governments and other sources; (2)identification of requirements for use that are necessary and appropriate for such assistance; (3)receipt and distribution of such assistance; and (4)monitoring to ensure the appropriate use of such assistance.

225.

Public facilities

Section 406(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)(B)) is amended— (1)by amending the subparagraph heading to read as follows: Repair, restoration, reconstruction, or replacement infeasible.—; and (2)in the first sentence, by inserting or another condition after soil instability.

226.

Volunteer Housing

The President may make contributions to State or local governments for expenses associated with housing volunteers who are assisting the response and recovery efforts in an area affected by a major disaster.

227.

Housing Rehabilitation

Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)), as amended by this Act, is amended— (1)in paragraph (1)(B)(i), by inserting including existing rental units repaired under paragraph (2)(A)(iii) after purchase or lease,; and (2)in paragraph (2)— (A)in subparagraph (A)— (i)in clause (i), by striking and after the semicolon; (ii)in clause (ii), by striking the period and inserting ; and; and (iii)by adding at the end the following: (iii)the repair, to a safe and sanitary condition, of existing rental housing units that will be used to provide temporary housing to individuals and households eligible under paragraph (1). ; (B)by redesignating subparagraph (B) as subparagraph (C); (C)by inserting after subparagraph (A) the following: (B)

Repair of rental housing units

(i)

In general

Funds may be provided to State and local governments to contract with owners of private rental housing for purposes of subparagraph (A)(iii). Such contracts shall require repaired units to be made available to individuals and households eligible for assistance under this part for a period of up to 18 months at a rent that may not exceed the rent under paragraph (1)(A)(iii). (ii)

Competitive selection process

Funding to provide assistance under subparagraph (A)(iii) shall be allocated by the President or by a State or local government through a competitive selection process that considers— (I)the amount of funding required per unit, with preference for the lowest per unit cost consistent with other selection priorities; (II)the demonstrated ability of property owners to complete the repairs and make the housing units available promptly, and not more than 120 days after the date of receiving funding; (III)whether the property owner requires a short-term or long-term loan to complete the repairs, with preference to owners agreeing to repay funds loaned upon receipt of insurance payments for property losses caused by the disaster; and (IV)whether the property owner is a for profit or nonprofit organization, with preference given to nonprofit property owners. ; and (D)in subparagraph (C), as redesignated by this paragraph, by— (i)by striking this paragraph and inserting clause (i) or (ii) of subparagraph (A); and (ii)by striking can and inserting cannot.

228.

Debris removal contracting

(a)

In general

The Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Chief of Engineers of the United States Army Corps of Engineers, shall— (1)review all regulations and procedures related to contracting for debris removal and, where appropriate and practicable, provide additional incentives to recycle debris cleared from an area in which the President has declared a major disaster; and (2)identify any legal or other obstacles to increasing the amount of debris recycled following a major disaster. (b)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report regarding— (1)the review and any incentives provided under subsection (a)(1); and (2)any obstacles that have been identified under subsection (a)(2).

229.

Emergency housing for victims

(a)

Definitions

In this section— (1)the term authorized placement means placing a covered manufactured home as authorized by subparagraph (A), (B), or (C) of subsection (b)(1); (2)the term base flood means the flood which has a 1 percent chance of being equaled or exceeded in any given year; (3)the term costal high hazard area means an area subject to high velocity waters, including hurricane wave wash or a tsunami; (4)the term covered civil action means a civil action against the Federal Government (including a civil action against the Administrator) for damages related to the flooding of a covered manufactured home that is the subject of an authorized placement; (5)the term covered individual means an individual displaced by Hurricane Katrina of 2005 or Hurricane Rita of 2005; (6)the term covered manufactured home means a manufactured home purchased by the Authority during the period beginning on August 1, 2005, and ending on the date of enactment of this Act; (7)the term flood means a general and temporary condition of partial or complete inundation of normally dry land areas from— (A)the overflow of inland or tidal waters; or (B)the unusual and rapid accumulation or runoff of surface waters from any source; (8)the term flood plain means an area which has a 1 percent chance of being flooded in any given year; (9)the term floodway means that portion of the flood plain which— (A)provides for the discharge of the base flood so the cumulative increase in water surface elevation is no more than 12 inches; and (B)is effective in carrying flow, within which this carrying capacity shall be preserved and where the flood hazard is generally highest; and (10)the term manufactured home has the same meaning as in section 603 of the Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). (b)

Use of Manufactured homes

(1)

In general

Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 9.13 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling)), upon receiving a request from, or on behalf of, a covered individual, the Administrator shall place a covered manufactured home— (A)in a floodway or costal high hazard area; (B)in a flood plain, without elevating such home up to the base flood level; or (C)in a flood plain, without complying with— (i)the decision-making process required under section 9.6 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii)the mitigation requirements under section 9.11 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling). (2)

Evacuation plans

The Administrator may not make an authorized placement, unless the Administrator has received an evacuation plan from State or local government officials that includes the area in which the covered placement will be made. (3)

Types of use

Any authorized placement shall be used to house covered individuals. (4)

Promotional materials

The Administrator shall make appropriate changes to any promotional materials to reflect, and otherwise publicize, the authorization in this subsection. (5)

Rule of construction

Nothing in this subsection shall be construed to prohibit any other lawful use of a covered manufactured home. (c)

Liability

(1)

In general

If the Administrator makes an authorized placement, a covered civil action relating to the covered manufactured home involved in such authorized placement may not be brought in any Federal or State court. (2)

Notice

The Administrator shall provide any person to whom the Administrator provides a covered manufactured home as part of an authorized placement with written notice of— (A)the potential risks associated with such placement; and (B)the limitations on liability under paragraph (1).

Amend the title so as to read: A bill to amend the Homeland Security Act of 2002 to strengthen and ensure the efficacy of the Federal Emergency Management Agency, and for other purposes.. August 3, 2006 Reported with an amendment and an amendment to the title