59-011

109TH CONGRESS

Rept. 109-712

HOUSE OF REPRESENTATIVES

2d Session

Part 1

--NATIONAL EMERGENCY MANAGEMENT REFORM AND ENHANCEMENT ACT OF 2006

NOVEMBER 9, 2006- Ordered to be printed

Mr. KING of New York, from the Committee on Homeland Security, submitted the following

R E P O R T

[To accompany H.R. 5351]

together with

MINORITY VIEWS

[Including cost estimate of the Congressional Budget Office]

The Committee on Homeland Security, to whom was referred the bill (H.R. 5351) to amend the Homeland Security Act of 2002 to establish a Directorate of Emergency Management, to codify certain existing functions of the Department of Homeland Security, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

	CONTENTS	Page
	Purpose and Summary	46
	Background and Need for Legislation	46
	Hearings	47
	Committee Consideration	50
	Committee Votes	50
	Committee Oversight Findings	52
	Statement of General Performance Goals and Objectives	52
	New Budget Authority, Entitlement Authority, and Tax Expenditures	53
	Congressional Budget Office Estimate	53
	Federal Mandates Statement	57
	Compliance With House Resolution 1000	57
	Advisory Committee Statement	58
	Constitutional Authority Statement	59
	Applicability to Legislative Branch	60
	Section-by-Section Analysis of the Legislation	60
	Changes in Existing Law Made by the Bill, as Reported	97
	Minority Views	169

The amendments are as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `National Emergency Management Reform and Enhancement Act of 2006'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--EMERGENCY MANAGEMENT

Sec. 101. Directorate of Emergency Management.

Sec. 102. Gulf Coast Long-Term Recovery Office.

Sec. 103. National Disaster Medical System.

Sec. 104. Office of Interoperability and Compatibility.

Sec. 105. Intelligence analysts.

Sec. 106. Redesignation of Directorate for Information Analysis and Infrastructure Protection.

Sec. 107. National Academy of Public Administration study on implementation of organizational reforms.

Sec. 108. GAO reports on an inventory and status of homeland security training.

Sec. 109. Grants for training and exercises to assist public elementary and secondary schools.

Sec. 110. Sense of Congress on the Project 25 conformity assessment project.

Sec. 111. National pandemic influenza exercise.

Sec. 112. Public-private sector planning and response pilot program.

Sec. 113. Emergency Management Performance Grants.

Sec. 114. Definitions.

Sec. 115. Conforming amendments.

TITLE II--FRAUD, WASTE, AND ABUSE PREVENTION

Sec. 201. Fraud, waste, and abuse controls.

Sec. 202. Assessment and report regarding utilization of Independent Private Sector Inspectors General.

Sec. 203. Enhanced accountability for Federal assistance.

Sec. 204. Enhanced information sharing among Federal agencies to prevent fraud, waste, and abuse.

Sec. 205. Deputy Inspector General for Response and Recovery.

Sec. 206. Protection of Department of Homeland Security official seal and insignia.

TITLE I--EMERGENCY MANAGEMENT

SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT.

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

`TITLE V--EMERGENCY MANAGEMENT

`Subtitle A--Directorate of Emergency Management

`SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT.

`(a) Under Secretary for Emergency Management-

`(1) IN GENERAL- There is in the Department a Directorate of Emergency Management. The head of the Directorate is the Under Secretary for Emergency Management, who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) QUALIFICATIONS- The individual appointed as Under Secretary shall possess a demonstrated ability in and knowledge of emergency management and homeland security.

`(3) RESPONSIBILITIES- The Under Secretary shall assist the Secretary in discharging the responsibilities under section 502.

`(b) Deputy Under Secretary for Emergency Preparedness and Mitigation-

`(1) IN GENERAL- There is in the Department a Deputy Under Secretary for Emergency Preparedness and Mitigation, who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) QUALIFICATIONS- The individual appointed as Deputy Under Secretary shall possess a demonstrated ability in and knowledge of emergency preparedness and mitigation.

`(3) RESPONSIBILITIES- The Deputy Under Secretary for Emergency Preparedness and Mitigation shall assist the Under Secretary for Emergency Management in discharging the responsibilities of the Under Secretary.

`(c) Deputy Under Secretary for Emergency Response and Recovery-

`(1) IN GENERAL- There is in the Department a Deputy Under Secretary for Emergency Response and Recovery, who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) QUALIFICATIONS- The individual appointed as Deputy Under Secretary shall possess a demonstrated ability in and knowledge of emergency response and recovery.

`(3) RESPONSIBILITIES- The Deputy Under Secretary for Emergency Response and Recovery shall assist the Under Secretary for Emergency Management in discharging the responsibilities of the Under Secretary.

`(d) Assistant Secretaries for Emergency Management- There are in the Department the following Assistant Secretaries, who shall be appointed by the President, by and with the advice and consent of the Senate:

`(1) An Assistant Secretary for Grants and Planning, who shall report directly to the Deputy Under Secretary for Emergency Preparedness and Mitigation.

`(2) An Assistant Secretary for Training and Exercises, who shall report directly to the Deputy Under Secretary for Emergency Preparedness and Mitigation.

`(3) An Assistant Secretary for Emergency Communications, who shall report directly to the Under Secretary for Emergency Management.

`(4) An Assistant Secretary for Infrastructure Protection, who shall report directly to the Under Secretary for Emergency Management.

`(5) An Assistant Secretary for Cybersecurity and Telecommunications, who shall report directly to the Under Secretary for Emergency Management.

`SEC. 502. RESPONSIBILITIES OF THE UNDER SECRETARY.

`(a) Responsibilities- Subject to the direction and control of the Secretary, the Under Secretary for Emergency Management shall have the primary responsibility within the executive branch of Government for preparing for, mitigating against, responding to, and recovering from acts of terrorism, natural disasters, and other emergencies. Such responsibilities shall include the following:

`(1) Serving as the Secretary's principal advisor on emergency preparedness, mitigation, response, and recovery issues.

`(2) Carrying out all functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

`(3) Coordinating the Federal response to acts of terrorism, natural disasters, or other emergencies, including coordination of--

`(A) the National Emergency Response Team;

`(B) the deployment of the Strategic National Stockpile;

`(C) the National Disaster Medical System;

`(D) the Nuclear Incident Response Team (when operating as an organizational unit of the Department pursuant to this title);

`(E) the Metropolitan Medical Response System;

`(F) the Urban Search and Rescue System;

`(G) Federal Incident Response Support Teams;

`(H) Management Support Teams; and

`(I) the Mobile Emergency Response System.

`(4) Overseeing and directing all of the activities of the Directorate.

`(5) Developing for each fiscal year, and submitting directly to the President, a prepared budget for the Directorate.

`(6) Coordinating emergency preparedness, mitigation, response, and recovery activities throughout the Department.

`(7) Leading the development of an integrated national emergency management system.

`(8) Coordinating preparedness, mitigation, response, and recovery efforts at the Federal level.

`(9) Working with all State, local, tribal, and private sector emergency managers, emergency response providers, and emergency support providers on all matters pertaining to acts of terrorism, natural disasters, and other emergencies, including training, exercises, and lessons learned.

`(10) Implementing national strategies and policies in all matters pertaining to emergency management and the protection of critical infrastructure.

`(11) Establishing priorities for directing, funding, and conducting national preparedness programs, activities, and services for preventing, protecting against, mitigating against, responding to, and recovering from acts of terrorism, natural disasters, and other emergencies.

`(12) Coordinating communications and systems of communications relating to homeland security by and between all levels of government.

`(13) Directing and supervising homeland security financial assistance awarded by the Department to State, local, and tribal governments.

`(14) Serving as an advocate for emergency preparedness across all government sectors, the private sector, and the public.

`(15) Helping to ensure the acquisition of operable and interoperable communications capabilities by Federal, State, and local governments and emergency response providers.

`(16) Aiding the recovery from acts of terrorism, natural disasters, and other emergencies.

`(17) Minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and tribal governments and the private sector.

`(18) Performing such other duties relating to such responsibilities as the Secretary may require.

`(b) Functions Transferred-

`(1) TRANSFER- There are transferred to the Under Secretary for Emergency Management--

`(A) the functions, personnel, assets, and liabilities of the Federal Emergency Management Agency; and

`(B) the functions, personnel, assets, and liabilities of the Directorate of Preparedness.

`(2) RESPONSIBILITIES- The Under Secretary shall carry out the responsibilities of the Director of the Federal Emergency Management Agency and the responsibilities of the Under Secretary for Preparedness.

`(c) Performance of Previously Transferred Functions- The Secretary shall perform the functions of the following entities through the Under Secretary for Emergency Management:

`(1) The Integrated Hazard Information System (which the Secretary shall rename `FIRESAT') of the National Oceanic and Atmospheric Administration.

`(2) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto.

`(3) The Domestic Emergency Response Teams of the Department of Justice, including the functions of the Attorney General relating thereto.

`(4) The Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness relating thereto.

`(5) The United States Fire Administration and the United States Fire Academy.

`(d) Reprogramming and Transfer of Funds- In reprogramming or transferring funds, the Secretary shall comply with any applicable provision of an annual Homeland Security Appropriations Act relating to the reprogramming or transfer of funds.

`(e) Sufficiency of Resources- The Secretary shall provide to the Under Secretary for Emergency Management the resources and staff necessary to carry out the responsibilities of the Directorate of Emergency Management under this section.

`SEC. 503. PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.

`(a) In General- The Under Secretary for Emergency Management shall serve as the principal advisor to the President for all matters pertaining to emergency management in the United States.

`(b) Cabinet Status- During the effective period of an Incident of National Significance declared by the Secretary under the National Response Plan, the Under Secretary for Emergency Management shall serve as a Cabinet Officer for the duration of such Incident of National Significance.

`(c) Appointment of Principal Federal Official- Notwithstanding any provision of the National Response Plan or Homeland Security Presidential Directive 5, the Secretary, in coordination with the Under Secretary for Emergency Management, shall designate the Principal Federal Official for purposes of the National Response Plan.

`(d) Retention of Authority- Nothing in this section shall be construed as affecting the authority of the Secretary under this Act.

`SEC. 504. REGIONAL OFFICES.

`(a) In General- In accordance with section 706, there is in the Directorate a Regional Office of Emergency Management for each region of the United States.

`(b) Management of Regional Offices-

`(1) REGIONAL DIRECTOR- Each Regional Office shall be headed by a Regional Director for Emergency Management, who shall be appointed by the Secretary, in consultation with State, local, and tribal governments in the region. Except as provided in subsection (c)(3), each Regional Director for Emergency Management shall report directly to the Under Secretary for Emergency Management.

`(2) DEPUTY REGIONAL DIRECTOR- There shall be in each Regional Office a Deputy Regional Director for Emergency Management, who shall be appointed by the Secretary, in consultation with State, local, and tribal governments in the region. The Deputy Regional Director for Emergency Management for a Regional Office shall report directly to the Regional Director for Emergency Management for that Regional Office.

`(3) QUALIFICATIONS- Each individual appointed as Regional Director or Deputy Regional Director for Emergency Management must possess a demonstrated ability in and knowledge of emergency management and possess familiarity with the geographical area and demographic characteristics of the population served by the Regional Office.

`(c) Responsibilities-

`(1) IN GENERAL- Subject to the direction and control of the Secretary and in consultation with the Regional Advisory Council on Emergency Management under subsection (e), each Regional Director for Emergency Management shall work in partnership with State, local, and tribal governments, emergency managers, emergency response providers, emergency support providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area served by the Regional Office to carry out the responsibilities under this section.

`(2) CORE RESPONSIBILITIES- The core responsibilities of each Regional Director are as follows:

`(A) Ensuring coordination and integration of regional preparedness, mitigation, response, and recovery activities and programs, including planning, training, exercises, and professional development.

`(B) Participating in regional emergency management activities.

`(C) Identifying critical gaps in preparedness and reporting such gaps to the Assistant Secretary for Grants and Planning.

`(D) Identifying critical gaps in critical infrastructure and reporting such gaps to the Assistant Secretary for Infrastructure Protection.

`(E) Organizing, in consultation with the Assistant Secretary for Training and Exercises, regional training and exercise programs.

`(F) Facilitating the dissemination and implementation of lessons learned and best practices.

`(G) Improving general information sharing and other forms of coordination.

`(H) Encouraging, in coordination with the Director of the Office of Public and Community Preparedness, public and community preparedness efforts.

`(I) Assisting in the development of regional capabilities needed for a national catastrophic response system.

`(J) Monitoring, in coordination with the Assistant Secretary for Grants and Planning, the use of Federal homeland security assistance awarded by the Department to State, local, and tribal governments.

`(K) Pre-identifying Joint Field Office locations in areas with large populations or in areas at high risk to acts of terrorism, natural disasters, or other emergencies.

`(L) Fostering the development of mutual aid and other cooperative agreements pertaining to emergency management.

`(M) Identifying critical gaps in regional capabilities to respond to the needs of at-risk communities, as described in section 527(e).

`(N) Performing such other duties relating to such responsibilities as the Secretary may require.

`(3) INCIDENTS OF NATIONAL SIGNIFICANCE-

`(A) APPOINTMENT OF REGIONAL DIRECTOR AS PRINCIPAL FEDERAL OFFICIAL OR FEDERAL COORDINATING OFFICER- During the effective period of an Incident of National Significance declared by the Secretary under the National Response Plan, if the Regional Director is appointed Principal Federal Official or Federal Coordinating Officer, the Deputy Regional Director shall assume the responsibilities of the Regional Director during such incident.

`(B) RESPONSIBILITIES OF PRINCIPAL FEDERAL OFFICIAL- In addition to the responsibilities of the Principal Federal Official under the National Response Plan, such Official shall, with respect to the Incident of National Significance--

`(i) establish and direct a Joint Field Office and any other coordination structure that is needed for such incident;

`(ii) possess the authority to make any necessary operational decisions, in accordance with existing Federal law, without obtaining approval from the Secretary;

`(iii) coordinate and direct, as appropriate, Federal response assets deployed within the operational area;

`(iv) serve as the primary point of contact between the Department, the Department of Defense, and States for contingency planning; and

`(v) act as the primary point of contact and situational awareness locally for the Secretary of Homeland Security.

`(d) Training and Exercise Requirements-

`(1) TRAINING- The Secretary shall require each Regional Director and Deputy Regional Director for Emergency Management to complete Principal Federal Officer training not later than 60 days after the date on which the Regional Director or Deputy Regional Director is appointed. In addition, the Secretary shall require each Regional Director and Deputy Regional Director to periodically, but not less than annually, undergo specific training to complement the qualifications of the Regional Director or Deputy Regional Director. Such training shall include training with respect to the National Incident Management System, the National Response Plan, and such other subjects as determined by the Secretary.

`(2) EXERCISES- The Secretary shall require each Regional Director and Deputy Regional Director for Emergency Management to regularly participate in regional or national exercises.

`(e) Regional Advisory Councils on Emergency Management-

`(1) ESTABLISHMENT- There is in each Regional Office a Regional Advisory Council on Emergency Management. Each Advisory Council shall report to the Regional Director of the Regional Office.

`(2) MEMBERSHIP-

`(A) The Regional Director shall appoint the following members to the Advisory Council of that Regional Director's Regional Office--

`(i) subject matter experts from across the Federal Government, including representatives from the Departments of Defense, Energy, Health and Human Services, and Transportation;

`(ii) subject matter experts from components of the Directorate, including the Offices of Grants and Planning, Training and Exercises, Public and Community Preparedness, Infrastructure Protection, Response, and Recovery;

`(iii) subject matter experts from other components of the Department, including the Coast Guard, United States Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, and the United States Secret Service;

`(iv) subject matter experts representing emergency managers, emergency response providers, and emergency support providers; and

`(v) subject matter experts from the private sector, including nongovernmental organizations, educational institutions, social action agencies, and faith-based organizations.

`(B) State, local, and tribal governments within the geographic area served by the Regional Office shall appoint officials, including Adjutants General and emergency managers, as members of the Advisory Council.

`(3) TERMS OF OFFICE-

`(A) IN GENERAL- The term of office of each member of the Advisory Council shall be 3 years.

`(B) INITIAL APPOINTMENTS- Of the members initially appointed to the Advisory Council--

`(i) one-third shall be appointed for a term of one year; and

`(ii) one-third shall be appointed for a term of two years.

`(4) CHAIR- At the first meeting of the Advisory Council, the members of the Advisory Council appointed under paragraph (2) shall elect a chair of the Advisory Council.

`(5) MEETINGS- The Advisory Council shall meet at least biannually at the call of the chair. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting.

`(6) REGIONAL FACTORS- The size and composition of each Advisory Council shall be determined by--

`(A) the size of the region associated with the Advisory Council;

`(B) the propensity of that region to experience natural disasters and other emergencies;

`(C) the risk of acts of terrorism within the region; and

`(D) State, local, and tribal preparedness, as measured against the National Preparedness Goal.

`(7) RESPONSIBILITIES- The Advisory Council shall carry out the following responsibilities:

`(A) Advise the Regional Director on emergency management issues specific to that region.

`(B) Identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, mitigation, response, or recovery more complicated or difficult.

`(C) Advise the Regional Director on developing a process of peer review for catastrophic emergency plans submitted under section 524.

`(D) Advise the Regional Director of any weaknesses or deficiencies in preparedness, mitigation, response, and recovery for any State, local, or tribal government within the region of which the Advisory Council is aware.

`(E) Assist the Regional Director in establishing a process to secure goods and services through coordinated, pre-negotiated contracts by Federal, State, local, and tribal governments.

`(F) Provide recommendations on other matters pertaining to emergency management.

`(G) Provide such advice as the Regional Director requests.

`(f) Coordination- Each Regional Director for Emergency Management shall coordinate all activities conducted under this section with other Federal departments and agencies, and shall not have authority over other agencies of the Department, including the Coast Guard, the United States Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, or the United States Secret Service.

`(g) Retention of Authorities-

`(1) FEDERAL COORDINATING OFFICER- Nothing in this section shall be construed as affecting any authority of the Federal Coordinating Officer under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.).

`(2) STATE, LOCAL, AND TRIBAL GOVERNMENTS- Nothing in this section shall be construed as limiting the power of State, local, and tribal governments.

`(h) Deadline and Use of Existing Offices-

`(1) DEADLINE- The Secretary shall establish the Regional Offices required under this section not later than one year after the date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006.

`(2) USE OF EXISTING FIELD OFFICES- In establishing the Regional Offices required under this section, the Secretary shall, to the extent practicable, co-locate and consolidate field offices of the Department that are in existence as of the date of the enactment of such Act.

`(i) Applicability of Federal Advisory Committee Act-

`(1) IN GENERAL- Notwithstanding section 871(a) and subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States Code, shall apply to the Advisory Council.

`(2) TERMINATION- Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council.

`SEC. 505. CHIEF MEDICAL OFFICER.

`(a) In General- There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. The Chief Medical Officer shall report directly to the Under Secretary for Emergency Management.

`(b) Qualifications- The individual appointed as Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health.

`(c) Responsibilities- The Chief Medical Officer shall have the primary responsibility within the Department for medical issues related to acts of terrorism, natural disasters, and other emergencies, including the following:

`(1) Serving as the Secretary's principal advisor on medical and public health issues.

`(2) Coordinating the biosurveillance and detection activities of the Department.

`(3) Ensuring that decision support tools link biosurveillance and detection information to near real-time response actions at the State, local, and tribal level.

`(4) Ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support.

`(5) Serving as the Department's primary point of contact with the Departments of Agriculture, Defense, Health and Human Services, Transportation, and Veterans Affairs, and other Federal departments or agencies, on medical and public health issues.

`(6) Serving as the Department's primary point of contact with respect to medical and public health matters.

`(7) Discharging, in coordination with the Under Secretary for Science and Technology, responsibilities of the Department related to Project Bioshield.

`(8) Establishing doctrine and priorities for the National Disaster Medical System and supervising its medical components, consistent with the National Response Plan and the National Incident Management System.

`(9) Establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National Incident Management System.

`(10) Assessing and monitoring long-term health issues of emergency managers, emergency response providers, and emergency support providers.

`(11) Developing and updating guidelines for State, local, and tribal governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapon attacks.

`(12) Identifying, in consultation with the Secretary of Health and Human Services, appropriate medical equipment and supplies for inclusion in the force packages under the Prepositioned Equipment Program under section 581.

`(13) Developing, in consultation with the Secretary of Health and Human Services, appropriate patient tracking capabilities to execute domestic patient movement and evacuations, including a system that has the capacity of electronically maintaining and transmitting the health information of hospital patients.

`(14) Performing such other duties relating to such responsibilities as the Secretary may require.

`(d) Deputy- There is in the Department a Deputy Chief Medical Officer, who shall be appointed by the Secretary and who shall assist the Chief Medical Officer in carrying out the responsibilities under subsection (c).

`(e) Qualifications- The individual appointed as Deputy Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health.

`(f) Long-Term Health Assessment Program-

`(1) IN GENERAL- The Chief Medical Officer, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish a program to assess, monitor, and study the health and safety of emergency managers, emergency response providers, and emergency support providers following Incidents of National Significance declared by the Secretary under the National Response Plan.

`(2) COOPERATIVE AGREEMENTS- In carrying out the program under this subsection, the Chief Medical Officer shall enter into cooperative agreements, as necessary, with medical institutions in the areas affected by such Incidents of National Significance.

`SEC. 506. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM.

`(a) Establishment- The Secretary, acting through the Chief Medical Officer, shall establish a National Biosurveillance Integration System (referred to in this section as the `NBIS') to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring systems (both national and international) into 1 comprehensive system.

`(b) Requirements- The NBIS shall be designed to detect, as early as possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The NBIS shall--

`(1) consolidate data from all relevant surveillance systems maintained by the Department and other governmental and private sources, both foreign and domestic;

`(2) use an information technology system that uses the best available statistical and other analytical tools to automatically identify and characterize biological events in as close to real-time as possible; and

`(3) process and protect sensitive data consistent with requirements of applicable privacy laws including the Health Insurance Portability and Accountability Act of 1996.

`(c) Responsibilities of the Chief Medical Officer-

`(1) IN GENERAL- The Chief Medical Officer shall--

`(A) establish an entity to perform all operations and assessments related to the NBIS;

`(B) continuously monitor the availability and appropriateness of data feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall NBIS performance;

`(C) continuously review and seek to improve the statistical and other analytical methods utilized by NBIS;

`(D) establish a procedure to enable States and local government entities to report suspicious events that could warrant further assessments using NBIS;

`(E) receive and consider all relevant homeland security information; and

`(F) provide technical assistance, as appropriate, to all Federal, regional, State, and local government entities and private sector entities that contribute data relevant to the operation of NBIS.

`(2) ASSESSMENTS- The Chief Medical Officer shall--

`(A) continuously evaluate available data for evidence of a biological event; and

`(B) integrate homeland security information with NBIS data to provide overall situational awareness and determine whether a biological event has occurred.

`(3) INFORMATION SHARING- The Chief Medical Officer shall--

`(A) in the event that a biological event is detected, notify the Secretary and disseminate results of NBIS assessments related to that biological event to appropriate Federal, regional, State, and local response entities in a timely manner to support decisionmaking;

`(B) provide reports on NBIS assessments to Federal, regional, State, and local governments and any private sector entities, as considered appropriate by the Secretary; and

`(C) use available information sharing networks internal to the Department, as well as those within the intelligence community and operation centers, for distributing NBIS incident or situational awareness reports.

`(d) Notification of Chief Medical Officer- The Secretary shall ensure that the Chief Medical Officer is notified of any threat of a biological event and receives all classified and unclassified reports related to threats of biological events in a timely manner.

`(e) Administrative Authorities-

`(1) HIRING OF EXPERTS- The Chief Medical Officer shall hire individuals with the necessary expertise to develop and operate the NBIS system.

`(2) DETAIL OF PERSONNEL- Upon the request of the Chief Medical Officer, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Directorate of Emergency Management to assist the Chief Medical Officer in carrying out this section.

`(3) PRIVACY- The Chief Medical Officer shall ensure all applicable privacy regulations are strictly adhered to in the operation of the NBIS and the sharing of any information related to the NBIS.

`(f) Joint Biosurveillance Leadership Council- The Chief Medical Officer shall--

`(1) establish an interagency coordination council to facilitate interagency cooperation to advise the Chief Medical Officer on recommendations to enhance the biosurveillance capabilities of the Department; and

`(2) invite officials of Federal agencies that conduct biosurveillance programs, including the Department of Health and Human Services, the Department of Agriculture, the Environment Protection Agency, and the Department of Defense, to serve on such council.

`(g) Annual Report Required- Not later than December 31 of each year, the Chief Medical Officer shall submit to Congress a report that contains each of the following:

`(1) A list of departments, agencies, and private or nonprofit entities participating in the NBIS and the data each entity contributes to the NBIS.

`(2) An implementation plan for the NBIS that includes cost, schedule, and key milestones.

`(3) The status of the implementation of the NBIS.

`(4) The schedule for obtaining access to any relevant biosurveillance information not compiled in NBIS as of the date on which the report is submitted.

`(5) A description of the incident reporting or decisionmaking protocols in effect as of the date on which the report is submitted and any changes made to such protocols during the period beginning on the date on which the report for the preceding year was submitted and ending on the date on which the report is submitted.

`(6) A list of any Federal, State, or local government entities that have direct or indirect access to the information that is integrated into the NBIS.

`(h) Relationship to Other Departments and Agencies- The authority of the Chief Medical Officer under this section shall not affect an authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.

`(i) Biological Event- The term `biological event' means--

`(1) an act of terrorism that uses material of biological origins; or

`(2) a naturally occurring outbreak of an infectious disease that may affect national security.

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

`(a) Establishment- There is in the Directorate of Emergency Management an Office of State, Local, and Tribal Government Coordination to oversee and coordinate programs of the Directorate for and relationships with national organizations representing State, local, and tribal governments.

`(b) Director- The Office shall be headed by a Director, who shall be appointed by the Secretary.

`(c) Responsibilities- The Director of the Office of State, Local, and Tribal Government Coordination shall, in consultation with the Regional Directors for Emergency Management appointed under section 504(b), carry out the following responsibilities:

`(1) Coordinating the activities of the Directorate relating to State, local, and tribal government.

`(2) Assessing and advocating for the resources needed by State, local, and tribal governments to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies.

`(3) Providing State, local, and tribal governments with regular information, research, and technical support to assist local efforts in securing the homeland.

`(4) Developing a process for receiving meaningful and timely consultation from State, local, and tribal governments to assist in the development of an integrated national emergency management system.

`(5) Scheduling regular meetings with representatives selected by State, local, and tribal governments.

`(6) Ensuring the coordination of the planning, reporting, and certification requirements imposed on State, local, and tribal governments by the Directorate, identifying duplicative reporting and certification requirements that can be eliminated, and determining whether some reports can be used or adapted to be used to satisfy multiple reporting obligations.

`SEC. 508. OFFICE OF NATIONAL CAPITAL REGION COORDINATION.

`(a) Establishment-

`(1) IN GENERAL- There is in the Directorate of Emergency Management the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region, as defined under section 2674(f)(2) of title 10, United States Code.

`(2) DIRECTOR- The Office shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report directly to the Under Secretary for Emergency Management.

`(3) COOPERATION- The Secretary shall cooperate with the Mayor of the District of Columbia, the Governors of Maryland and Virginia, and other State, local, and regional officers in the National Capital Region to integrate the District of Columbia, Maryland, and Virginia into the planning, coordination, and execution of the activities of the Federal Government to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies.

`(b) Responsibilities- The Director of the Office of National Capital Region Coordination shall carry out the following responsibilities:

`(1) Overseeing and coordinating the activities of the Department relating to the National Capital Region, including cooperation with the Office for State, Local, and Tribal Government Coordination.

`(2) Assessing and advocating for the resources needed by State, local, and regional authorities in the National Capital Region to implement efforts to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other emergencies.

`(3) Providing State, local, and regional authorities in the National Capital Region with regular information, research, and technical support to assist the efforts of State, local, and regional authorities in the National Capital Region in preventing, preparing for, responding to, mitigating against, and recovering from acts of terrorism, natural disasters, and other emergencies.

`(4) Developing a process for receiving meaningful input from State, local, and regional authorities and the private sector in the National Capital Region to assist in the development of the homeland security plans and activities of the Federal Government.

`(5) Coordinating with Federal agencies in the National Capital Region on emergency preparedness to ensure adequate planning, information sharing, training, and execution of the Federal role in domestic preparedness activities.

`(6) Coordinating with Federal, State, local, and regional agencies and private sector entities in the National Capital Region on emergency preparedness to ensure adequate planning, information sharing, training, and execution of domestic preparedness activities among such agencies and entities.

`(7) Serving as a liaison between the Federal Government and State, local, and regional authorities and private sector entities in the National Capital Region to facilitate access to Federal grants and other programs.

`(c) Annual Report- The Director shall submit to Congress an annual report that includes the following:

`(1) The identification of any resources required to fully implement homeland security efforts in the National Capital Region.

`(2) An assessment of the progress made by the National Capital Region in implementing homeland security efforts.

`(3) The recommendations of the Director with respect any additional resources needed to fully implement homeland security efforts in the National Capital Region.

`(d) Limitation- Nothing in this section shall be construed as limiting the power of any State, local, or tribal government.

`SEC. 509. NATIONAL ADVISORY COUNCIL ON EMERGENCY MANAGEMENT.

`(a) Establishment- Not later than 60 days after the date of the enactment of this section, the Secretary shall establish an advisory body pursuant to section 871(a), to be known as the National Advisory Council on Emergency Management.

`(b) Responsibilities- The Advisory Council shall assist the Secretary in implementing subsection (c).

`(c) Requirement to Review, Revise, or Replace Certain Documents- The Secretary shall periodically, but not less than biennially, review, revise, or replace--

`(1) the National Response Plan;

`(2) the National Incident Management System;

`(3) the National Preparedness Guidance;

`(4) the National Preparedness Goal;

`(5) the Targeted Capabilities List;

`(6) the Universal Task List;

`(7) the National Infrastructure Protection Plan;

`(8) the National Planning Scenarios;

`(9) any successor to any document under any of paragraphs (1) through (8); and

`(10) any other national initiatives on acts of terrorism, natural disasters, and other emergencies that affects emergency managers, emergency response providers, and emergency support providers as necessary.

`(d) Report-

`(1) IN GENERAL- Not later than one year after the date on which the Advisory Council is established under subsection (a), and not later than every two years thereafter, the Advisory Council shall submit to the Secretary a report on the recommendations of the Advisory Council for reviewing, revising, or replacing such national initiatives.

`(2) CONTENTS- Each report shall--

`(A) include a priority ranking of essential capabilities for emergency preparedness in order to provide guidance to the Secretary and to the Congress on determining the appropriate allocation of, and funding levels for, the needs of emergency response providers;

`(B) set forth a methodology by which any State, local, or tribal government will be able to determine the extent to which it possesses or has access to the essential capabilities that State, local, and tribal governments having similar risks should obtain;

`(C) describe the availability of national voluntary consensus standards, and whether there is a need for new national voluntary consensus standards, with respect to training and equipment for emergency response providers;

`(D) include such additional matters as the Secretary may specify in order to further the emergency preparedness capabilities of emergency response providers; and

`(E) include such revisions to the contents of previous reports as are necessary to take into account changes in the most current risk assessment prepared by and available from the Chief Intelligence Officer and the Assistant Secretary for Infrastructure Protection or other relevant information as determined by the Secretary.

`(3) CONSISTENCY WITH FEDERAL WORKING GROUP- The Advisory Council shall ensure that its recommendations for essential capabilities for emergency preparedness are, to the extent feasible, consistent with any preparedness goals or recommendations of the Federal working group established under section 319F(a) of the Public Health Service Act (42 U.S.C. 247d-6(a)).

`(e) Membership-

`(1) IN GENERAL- The Advisory Council shall consist of 30 members appointed by the Secretary, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of emergency managers, emergency response providers, and emergency support providers from State, local, and tribal governments, including as appropriate--

`(A) members selected from the emergency management and response fields, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel;

`(B) health scientists, emergency and inpatient medical providers, and public health professionals, including--

`(i) experts in emergency health care response to chemical, biological, radiological, and nuclear terrorism;

`(ii) experts in providing mental health care during emergency response operations; and

`(iii) experts in stockpiling medical equipment and supplies and medical logistics;

`(C) experts from Federal, State, and local governments, and the private sector, representing standards-setting organizations, including representation from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness and response field;

`(D) State and local officials with expertise in terrorism preparedness and emergency management, including Adjutants General, subject to the condition that if any such official is an elected official representing 1 of the two major political parties, an equal number of elected officials shall be selected from each such party; and

`(E) members selected from the emergency support field, including public works, utilities, and transportation personnel who are routinely engaged in emergency response.

`(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND HUMAN SERVICES AND TRANSPORTATION- In the selection of members of the Advisory Council who are health or emergency medical services professionals, the Secretary shall coordinate such selection with the Secretaries of Health and Human Services and Transportation.

`(3) EX OFFICIO MEMBERS- The Secretary and the Secretary of Health and Human Services shall each designate 1 or more officers of their respective Department to serve as ex officio members of the Advisory Council. One of the ex officio members from the Department of Homeland Security shall be the designated officer of the Federal Government for purposes of subsection (e) of section 10 of the Federal Advisory Committee Act (5 App. U.S.C.).

`(4) TERMS OF OFFICE-

`(A) IN GENERAL- Except as provided in subparagraph (B), the term of office of each member of the Advisory Council shall be 3 years.

`(B) INITIAL APPOINTMENTS- Of the members initially appointed to the Advisory Council--

`(i) one-third shall be appointed for a term of one year; and

`(ii) one-third shall be appointed for a term of two years.

`(f) Applicability of Federal Advisory Committee Act-

`(1) IN GENERAL- Notwithstanding section 871(a) and subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States Code, shall apply to the Advisory Council.

`(2) TERMINATION- Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council.

`SEC. 510. REORGANIZATION OF DIRECTORATE.

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

`Subtitle B--Emergency Preparedness

`SEC. 521. OFFICE OF GRANTS AND PLANNING.

`(a) In General- There is in the Department an Office of Grants and Planning under the authority of the Under Secretary for Emergency Management.

`(b) Assistant Secretary- The head of the office shall be the Assistant Secretary for Grants and Planning.

`(c) Responsibilities- The Assistant Secretary for Grants and Planning shall carry out the following responsibilities:

`(1) Administering Department grant programs that enhance the capacity of State, regional, local, and tribal governments to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies.

`(2) Ensuring coordination of the homeland security assistance programs of the Federal Government.

`(3) Establishing incentives for the efficient administration of Federal homeland security assistance.

`(4) Evaluating the effectiveness of funded Department programs and disseminating lessons learned, as appropriate.

`(5) Reviewing and revising, in consultation with the NIC (as that term is used in section 541) and the National Advisory Council on Emergency Management, on a periodic basis, but not less than biennially, preparedness documents and capabilities-based planning tools, related to catastrophic acts of terrorism, natural disasters, and other emergencies, including--

`(A) the National Preparedness Goal;

`(B) the Targeted Capabilities List;

`(C) the Universal Task List;

`(D) the National Planning Scenarios; and

`(E) any other document or tool in support of Homeland Security Presidential Directive 8 or any other Homeland Security Presidential Directive related to the national emergency management system.

`(6) Establishing, in coordination with State, local, and tribal governments, a clear and accountable process for achieving, maintaining, and enhancing national preparedness for catastrophic acts of terrorism, natural disasters, and other emergencies.

`(7) Providing technical assistance to State, local, and tribal governments on catastrophic planning and preparedness.

`(8) Developing performance measures and metrics for assessing national preparedness.

`(9) Assessing, on a periodic basis, but not less than annually, the effectiveness of preparedness capabilities at the Federal, State, local, and tribal levels.

`(10) Developing priorities for Federal homeland security assistance to State, local, and tribal governments on the basis of such periodic assessments.

`(11) Implementing a shared resource planning system to facilitate collaborative plan development.

`(12) Reviewing, in coordination with appropriate Federal departments and agencies, all Federal preparedness activities.

`(13) Performing such other duties relating to such responsibilities as the Secretary may require.

`(d) Annual Status Reports- Not later than 60 days after the last day of each fiscal year, the Secretary shall provide to Congress a status report on the Nation's level of preparedness during that fiscal year, including State, local, and tribal capabilities, the amount and use of grants awarded by the Department to State, local, and tribal governments, the readiness of Federal response assets, the utilization of mutual aid, and an assessment of how the Federal homeland security assistance programs support the National Preparedness Goal.

`SEC. 522. OFFICE OF TRAINING AND EXERCISES.

`(a) In General- There is in the Department an Office of Training and Exercises under the authority of the Under Secretary for Emergency Management.

`(b) Assistant Secretary- The head of the office shall be the Assistant Secretary for Training and Exercises.

`(c) Responsibilities- The Assistant Secretary for Training and Exercises shall--

`(1) establish specific requirements for training programs and exercises for Federal, State, regional, local, and tribal government officials, emergency response providers, emergency support providers, and other entities as appropriate;

`(2) design, develop, perform, and evaluate training programs and exercises at all levels of government to enhance and test the Nation's capability to prevent, prepare for, mitigate against, respond to, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies;

`(3) establish common supporting methodology for training programs and exercises;

`(4) define and implement performance measures for training programs and exercises;

`(5) coordinate the training and exercise activities of the Department;

`(6) serve as the primary point of contact in the Department for homeland security training and exercises for other Federal departments and agencies;

`(7) identify, analyze, and monitor the implementation of best practices and lessons learned with respect to training and exercises;

`(8) establish a comprehensive program for the professional development and education of homeland security personnel at all levels of government, nongovernmental organizations, and emergency management personnel in the private sector; and

`(9) perform such other duties relating to such responsibilities as the Secretary may require.

`(d) Transfer-

`(1) IN GENERAL- The Assistant Secretary for Training and Exercises shall have authority over the following:

`(A) The Center for Domestic Preparedness.

`(B) The National Emergency Training Center.

`(C) The National Exercise and Evaluation Program.

`(2) NOBLE TRAINING CENTER- The Noble Training Center is transferred to the Center for Domestic Preparedness. The Center for Domestic Preparedness shall integrate the Noble Training Center into the program structure of the Center for Domestic Preparedness.

`(e) National Exercise Program-

`(1) IN GENERAL- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall carry out a National Exercise Program for the purpose of testing, evaluating, and enhancing the capabilities of Federal, State, regional, local, and tribal government entities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies.

`(2) CONTENTS OF PROGRAM- The National Exercise Program--

`(A) shall enhance coordination for preparedness between all levels of government, emergency response providers, emergency support providers, nongovernmental organizations, international governments and organizations, and the private sector;

`(B) shall be--

`(i) multidisciplinary in nature, including, as appropriate, information analysis and cybersecurity components;

`(ii) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;

`(iii) carried out with the minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations;

`(iv) evaluated against performance measures and followed by corrective action to solve identified deficiencies; and

`(v) assessed to learn best practices, which the Secretary shall share with appropriate Federal, State, regional, local, and tribal personnel, authorities, and training institutions for emergency managers, emergency response providers, and emergency support providers; and

`(C) shall provide assistance to State, regional, local, and tribal governments with the design, implementation, and evaluation of exercises that--

`(i) conform to the requirements under subparagraph (B);

`(ii) are consistent with any applicable State or urban area homeland security strategy or plan;

`(iii) support implementation of--

`(I) the National Incident Management System;

`(II) the National Response Plan;

`(III) the National Preparedness Goal;

`(IV) the National Preparedness Guidance;

`(V) the National Infrastructure Protection Plan; and

`(VI) any other similar national initiatives; and

`(iv) provide for systematic evaluation of readiness.

`(3) NATIONAL LEVEL EXERCISES- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall periodically but not less than biennially, perform national exercises for the following purposes:

`(A) To involve in national exercises high-ranking officials from--

`(i) Federal, State, local, tribal, and international governments;

`(ii) nongovernmental organizations, including faith-based organizations;

`(iii) the private sector; and

`(iv) others as the Secretary considers appropriate.

`(B) To test and evaluate, in coordination with the Attorney General and the Secretary of Defense, the capability of Federal, State, local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction.

`(C) To test and evaluate the readiness of Federal, State, local, and tribal governments to respond in a coordinated and unified manner to catastrophic acts of terrorism, natural disasters, and other emergencies.

`(D) To test and evaluate the readiness of Federal, State, local, and tribal governments to recover from catastrophic acts of terrorism, natural disasters, and other emergencies.

`(4) COORDINATION AND CONSULTATION- In carrying out the National Exercise Program, the Secretary shall--

`(A) coordinate with--

`(i) components of the Department that have expertise in exercises, including the Coast Guard, the United States Secret Service, United States Customs and Border Protection, and United States Immigration and Customs Enforcement; and

`(ii) such other Federal departments and agencies as the Secretary determines are appropriate; and

`(B) consult regularly with--

`(i) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers (including such providers located in both urban and rural areas);

`(ii) Federal, State, and local training institutions for emergency managers, emergency response providers, and emergency support providers; and

`(iii) State and local officials, including Adjutants General, with expertise in terrorism preparedness and emergency management.

`(5) TOP OFFICIAL PREVENTION EXERCISES- Not later than one year after the date of enactment of the National Emergency Management Reform and Enhancement Act of 2006, the Secretary, acting through the Assistant Secretary for Training and Exercises, shall establish a program through which the Secretary carries out periodically but not less than biennially a national terrorism prevention exercise for the purposes of--

`(A) involving in national exercises high-ranking officials from Federal, State, local, tribal, and international governments, as the Secretary considers appropriate; and

`(B) testing and evaluating, in coordination with the Attorney General and the Secretary of Defense, the capability of Federal, State, local, and tribal government entities to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism.

`(6) NATIONAL EXERCISE STRATEGY- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall develop a multi-year national homeland security exercise plan and submit the plan to the Homeland Security Council for review and approval.

`(f) National Training Program-

`(1) IN GENERAL- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall carry out a National Training Program for the purpose of enhancing the capabilities of the Nation's emergency managers, emergency response providers, and emergency support providers to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies.

`(2) REQUIREMENTS- The National Training Program shall provide training that--

`(A) reaches multiple disciplines, including Federal, State, and local government officials, emergency managers, emergency response providers, emergency support providers, the private sector, international governments and organizations, and other entities as the Secretary considers appropriate;

`(B) provides training at the awareness, performance, and management and planning levels;

`(C) utilizes multiple training mediums and methods, including--

`(i) direct delivery;

`(ii) train-the-trainer;

`(iii) computer-based training;

`(iv) web-based training; and

`(v) video teleconferencing;

`(D) is consistent with any applicable State or urban area homeland security strategy or plan;

`(E) is consistent with, and supports implementation of, the National Incident Management System, the National Response Plan, the National Preparedness Goal, the National Preparedness Guidance, the National Infrastructure Protection Plan, and other such national initiatives;

`(F) is evaluated against clear and consistent performance measures; and

`(G) to the greatest extent practicable, utilizes State, regional, and tribal training institutions.

`(3) NATIONAL VOLUNTARY CONSENSUS STANDARDS- The Secretary shall--

`(A) support the development, promulgation, and regular updating as necessary of national voluntary consensus standards for training; and

`(B) ensure that the training provided under the National Training Program is consistent with such standards.

`(4) TRAINING PARTNERS- In developing and delivering training under the National Training Program, the Secretary shall--

`(A) work with government training facilities, academic institutions, private organizations, and other entities that provide specialized, state-of-the-art training for emergency managers, emergency response providers, or emergency support providers; and

`(B) utilize, as appropriate, training courses provided by community colleges, State and local public safety academies, State and private universities, and other facilities.

`(5) COORDINATION AND CONSULTATION- In carrying out the National Training Program, the Secretary shall--

`(A) coordinate with--

`(i) components of the Department that have expertise in training, including the Coast Guard, the United States Secret Service, the United States Fire Administration, and the Federal Law Enforcement Training Center; and

`(ii) such other Federal departments and agencies as the Secretary determines are appropriate; and

`(B) consult regularly with--

`(i) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers (including such providers located in both urban and rural areas); and

`(ii) State and local officials, including Adjutants General, with expertise in terrorism preparedness and emergency management.

`(g) Remedial Action Management Program- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall establish a Remedial Action Management Program to--

`(1) identify and analyze training, exercises, and real-world events for lessons learned and best practices;

`(2) generate after action reports for Incidents of National Significance as declared by the Secretary under the National Response Plan;

`(3) disseminate lessons learned and best practices;

`(4) monitor the implementation of lessons learned and best practices;

`(5) conduct remedial action tracking and long-term trend analysis; and

`(6) certify that--

`(A) recipients of Federal homeland security assistance have implemented lessons learned and best practices, as appropriate; and

`(B) ensure that no recipient uses any Federal homeland security assistance without such certification.

`(h) National Domestic Preparedness Consortium- There is in the Department a National Domestic Preparedness Consortium that--

`(1) includes as members--

`(A) the Center for Domestic Preparedness;

`(B) the New Mexico Institute of Mining and Technology;

`(C) Louisiana State University;

`(D) the Texas A&M University System; and

`(E) the Nevada Test Site of the Department of Energy.

`(2) identifies, develops, tests, and delivers training to State, local, and tribal emergency response providers;

`(3) provides onsite and mobile training at the performance and management and planning levels; and

`(4) facilitates the delivery of awareness level training by the training partners of the Department.

`(i) National Exercise Simulation Center- There is in the Department a National Exercise Simulation Center that uses a mix of live, virtual, and constructive simulations to--

`(1) prepare elected officials, emergency managers, emergency response providers, and emergency support providers at all levels of Government to operate cohesively;

`(2) provide a learning environment for the homeland security personnel of all Federal departments and agencies;

`(3) assist in the development of operational procedures and exercises, particularly those based on catastrophic incidents; and

`(4) allow incident commanders to exercise decisionmaking in a simulated environment.

`SEC. 523. ESSENTIAL CAPABILITIES.

`(a) Establishment of Essential Capabilities-

`(1) IN GENERAL- Building upon the National Preparedness Goal, the Secretary, acting through the Assistant Secretary for Grants and Planning, shall regularly update, revise, or replace essential capabilities for State, local, and tribal government emergency preparedness, in consultation with the following:

`(A) The National Advisory Council on Emergency Management under section 509.

`(B) Components of the Department, including the Under Secretary for Science and Technology, the Chief Intelligence Officer, the Director for Operations Coordination, the Assistant Secretary for Policy, the Assistant Secretary for Transportation Security, the Assistant Secretary for Infrastructure Protection, the Assistant Secretary for Cybersecurity and Telecommunications, the Commissioner of United States Customs and Border Protection, and the Commandant of the Coast Guard.

`(C) The Secretary of Health and Human Services.

`(D) Other appropriate Federal departments and agencies.

`(E) State, local, and tribal emergency response providers.

`(F) State, local, and tribal emergency support providers.

`(G) State, local, and tribal prevention and emergency management officials, including Adjutants General.

`(H) Consensus-based standardmaking organizations responsible for setting standards relevant to emergency managers, emergency response providers, and emergency support providers.

`(2) DEADLINES- The Secretary shall update, revise, or replace the essential capabilities under paragraph (1) not later than 30 days after receiving the report submitted by the National Advisory Council on Emergency Management under section 509(d).

`(3) REPORT ON PROVISION OF ESSENTIAL CAPABILITIES- The Secretary shall ensure that a report containing a detailed description of the essential capabilities is provided promptly to State and tribal governments and to Congress. The States shall make the description of the essential capabilities available as appropriate to local governments within their jurisdictions.

`(b) Objectives- The Secretary shall ensure that essential capabilities meet the following objectives:

`(1) Essential capabilities shall describe specifically the planning, personnel, equipment, training, and exercises that State, local, or tribal governments should possess or have access to for purposes of the Department's goals for emergency preparedness based on--

`(A) the National Preparedness Goal and supporting directives, policies, and guidelines;

`(B) the most current risk assessment available from the Chief Intelligence Officer of the threats of terrorism against the United States;

`(C) the risks faced by different types of communities, including communities of various sizes, geographies, and other distinguishing characteristics; and

`(D) the principles of regional coordination and mutual aid among State, local, and tribal governments.

`(2) Essential capabilities shall be sufficiently flexible so as to allow State, local, and tribal government officials to establish priorities based on local or regional needs while reaching nationally determined emergency preparedness levels within a specified time period.

`(3) Essential capabilities shall be designed to enable the measurement of progress toward specific emergency preparedness goals.

`(c) Factors to Be Considered-

`(1) IN GENERAL- In updating, revising, or replacing essential capabilities for State, local, or tribal governments under subsection (a)(1), the Secretary specifically shall consider the variables of threat, vulnerability, and consequences with respect to population (including transient commuting and tourist populations), areas of high population density, critical infrastructure, coastline, and international borders.

`(2) BASIS FOR CONSIDERATION- Such consideration shall be based upon the most current risk assessment available from the Chief Intelligence Officer and the Assistant Secretary for Infrastructure Protection of the threats of terrorism against the United States and the needs described in the National Preparedness Goal and the directives, policies, and guidelines supporting the National Preparedness Goal.

`SEC. 524. CATASTROPHIC PLANNING.

`(a) Catastrophic Emergency Plans Required- The Secretary, acting through the Assistant Secretary for Grants and Planning and in consultation with the Assistant Secretary for Training and Exercises, shall require any State or urban area that submits an application to the Secretary for Federal homeland security financial assistance administered by the Department to maintain a catastrophic emergency plan to be implemented in the event of an act of terrorism, natural disaster, or other emergency. The Secretary shall require the State or urban area to update, implement, and exercise the catastrophic emergency plan as necessary.

`(b) Requirements- Each catastrophic emergency plan required under this section, with respect to a State or urban area, shall include--

`(1) evacuation and sheltering in place procedures for the general population of the State or urban area;

`(2) the procedures in place to address the pre-positioning of food, medical and fuel supplies;

`(3) the evacuation and sheltering in place procedures for populations with special needs, including persons with disabilities, health problems, language barriers, and income barriers, the elderly, children, and individuals with pets, service animals, or farm animals;

`(4) sheltering options for displaced populations;

`(5) the augmentation of response resources;

`(6) regional planning, mutual aid agreements, and requests for assistance that can meet urgent needs;

`(7) the adequacy of delivery networks for critical services and supplies;

`(8) the degree to which the plan is mutually supportive among contiguous jurisdictions and States;

`(9) the use of all available and appropriate transportation modes and resources, including the identification of routes of egress and ingress, and destinations;

`(10) the changes in authorities or regulations which may be necessary for the plan to meet the demands of a catastrophic event;

`(11) contingency plans for the survivability, sustainability, and interoperability of emergency communications systems;

`(12) procedures for disseminating timely and accurate public alerts and warnings;

`(13) procedures and policies for the continuity of operations for government and other essential services; and

`(14) search and rescue procedures for populations with special needs, including persons with disabilities, health problems, language barriers, and income barriers, the elderly, children, and individuals with pets, service animals, or farm animals.

`(c) Consistency- A catastrophic emergency plan required under this section shall be consistent with, and support the implementation of--

`(1) any applicable State or urban area homeland security strategy or plan; and

`(2) the National Incident Management System, the National Response Plan, the National Preparedness Goal, the National Preparedness Guidance, the National Infrastructure Protection Plan, and other such national initiatives as may be determined by the Secretary.

`(d) Peer Review Certification-

`(1) DEVELOPMENT OF REGIONAL PLANS- Each Regional Director for Emergency Management under section 504, in coordination with the Assistant Secretary for Grants and Planning, shall develop a process of peer review for any catastrophic emergency plan submitted under subsection (a) by a State or urban area in the geographical area in which the Regional Office directed by that Regional Director for Emergency Management is located.

`(2) DEADLINE FOR SUBMISSION OF PLANS- Not later than one year after the date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006, each Regional Director for Emergency Management shall submit a plan to the National Advisory Council on Emergency Management describing the peer review process developed by the Regional Director for Emergency Management. The National Advisory Council on Emergency Management shall review and approve or disapprove each such plan.

`(e) Remedial Action- Not later than 90 days after completion of exercises under subsection (a), the Secretary, in consultation with the Assistant Secretary for Training and Exercises, shall develop a lessons learned and remedial action strategy for catastrophic planning.

`(f) Consultation- In developing the catastrophic emergency plan required under this section, a State or urban area shall consult with and seek appropriate comments from--

`(1) local governments within the urban area or State;

`(2) a geographic and substantive cross section of emergency managers, emergency response providers, and emergency support providers within the urban area or State (including, in the case of a State, such providers from both urban and rural areas within the State); and

`(3) locally governed multijurisdictional councils of governments and regional planning commissions.

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

`(a) In General- The Secretary, acting through the Under Secretary for Emergency Management and in coordination with the Under Secretary for Science and Technology, shall establish a System Assessment and Validation for Emergency Responders Program to provide high quality, impartial, and operationally relevant evaluations and validations of critical emergency response provider-related equipment and systems and provide such evaluations and validations to emergency response providers in an operationally useful form.

`(b) Requirements- The program established under subsection (a) shall--

`(1) provide impartial, practitioner relevant, and operationally oriented assessments and validations of emergency response provider equipment and systems that have not previously third-party certified to a national voluntary census standard adopted by the Department, including--

`(A) commercial, off-the-shelf emergency response provider equipment and systems in all equipment list categories of the Standardized Equipment List published by the Interagency Board for Equipment Standardization and Interoperability; and

`(B) such other equipment or systems as the Secretary determines are appropriate;

`(2) provide information that enables decision-makers and emergency response providers to better select, procure, use, and maintain emergency response provider equipment or systems;

`(3) assess and validate the performance of products within a system and systems within systems; and

`(4) provide information and feedback to emergency response providers through a well-maintained, Internet-accessible database.

`(c) Assessment and Validation Process- The assessment and validation of emergency response provider equipment and systems shall utilize multiple evaluation techniques, including--

`(1) operational assessments of equipment performance on vehicle platforms;

`(2) technical assessments on a comparative basis of system component performance across makes and models under controlled conditions; and

`(3) integrative assessments on an individual basis of system component interoperability and compatibility with other system components.

`(d) Coordination- In assessing and validating personnel protective equipment under this section, the Secretary shall, to the extent practicable, coordinate with the Director of the National Institute for Occupational Safety and Health.

`SEC. 526. HOMELAND SECURITY EDUCATION PROGRAM.

`(a) Establishment- The Secretary, acting through the Assistant Secretary for Training and Exercises, shall establish a graduate-level Homeland Security Education Program in the National Capital Region to provide educational opportunities to senior Federal officials and selected State and local officials with homeland security and emergency management responsibilities.

`(b) Leveraging of Existing Resources- To maximize efficiency and effectiveness in carrying out the Program, the Secretary shall use existing Department-reviewed Master's Degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, digital libraries, exercise systems and other curriculum components already being delivered by Federal, State, and private universities and educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management Institute.

`(c) Student Enrollment-

`(1) SOURCES- The student body of the Program shall include officials from Federal, State, tribal, and local governments, and from other sources designated by the Under Secretary for Emergency Management.

`(2) ENROLLMENT PRIORITIES AND SELECTION CRITERIA- The Under Secretary for Emergency Management shall establish policies governing student enrollment priorities and selection criteria that are consistent with the mission of the Program.

`(3) DIVERSITY- The Secretary shall take reasonable steps to ensure that the student body represents racial, gender, and ethnic diversity.

`(d) Service Commitment-

`(1) IN GENERAL- Before any employee selected for the Program may be assigned to such education, the employee shall agree in writing to--

`(A) continue in the service of the agency sponsoring the employee during the two-year period beginning on the date on which the employee completes the program, unless the employee is involuntarily separated from the service of that agency for reasons other than reduction in force; and

`(B) pay to the Government the amount of the additional expenses incurred by the Government in connection with the employee's education if the employee is voluntarily separated from the service to the agency before the end of the period described in subparagraph (A).

`(2) PAYMENT OF EXPENSES-

`(A) EXEMPTION- An employee who leaves the service of the sponsoring agency to enter into the service of another agency in any branch of the Government shall not be required to make a payment under paragraph (1)(B), unless the head of the agency that sponsored the education of the employee notifies the employee before the date on which the employee enters the service of the other agency that payment is be required under that paragraph.

`(B) AMOUNT OF PAYMENT- If an employee is required to make a payment under paragraph (1)(B), the agency that sponsored the education of the employee shall determine the amount of the payment, except that such amount may not exceed the pro rata share of the expenses incurred for the time remaining in the two-year period.

`(3) RECOVERY OF PAYMENT- If an employee who is required to make a payment under this subsection does not make the payment, a sum equal to the amount of the expenses incurred by the Government for the education of that employee is recoverable by the Government from the employee or his estate by--

`(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or

`(B) such other method as is provided by law for the recovery of amounts owing to the Government.

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

`(a) In General- There is in the Directorate of Emergency Management an Office of Public and Community Preparedness.

`(b) Director- The Office shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report directly to the Assistant Secretary for Grants and Planning.

`(c) Components- The Office of Public and Community Preparedness shall consist of the following:

`(1) The various component programs of the Citizen Corps, including Community Emergency Response Teams, Fire Corps, Volunteers in Police Service, USA on Watch, and the Medical Reserve Corps.

`(2) The Internet website known as Ready.gov and the components of that website, including Ready Businesses, Ready Kids, and Listo.

`(3) Such other duties relating to community, public, and citizen preparedness as the Secretary may provide.

`(d) Responsibilities- The Director of the Office of Public and Community Preparedness, in coordination with and support of the Regional Directors of Emergency Management under section 504, shall have the primary responsibility within the Department for assisting the efforts of State, local, and tribal governments in preparing citizens and communities in the United States for acts of terrorism, natural disasters, and other emergencies, including primary responsibility for each of the following:

`(1) Coordinating and supporting public and community preparedness efforts at all levels of Government.

`(2) Serving as the principal advisor to the Secretary on public and community preparedness issues.

`(3) Developing guidance on citizen preparedness for grants to State, local, and tribal governments.

`(4) Providing, through the Regional Offices under section 504, State, local, and tribal Citizen Corps Councils with tools, information, and technical assistance to connect local and national citizen preparedness efforts.

`(5) Directing, managing, and implementing all programs associated with the entities under subsection (c).

`(6) Establishing specialized preparedness programs for at-risk communities under subsection (e).

`(7) Ensuring coordination with private sector entities, faith-based groups, other nongovernmental organizations, special needs groups, emergency managers, emergency response providers, emergency support providers, and international organizations, in order to promote citizen preparedness and participation.

`(8) Developing a comprehensive program of public service announcements for use on a national basis or, in consultation with State, local, or tribal governments, on a regional, State, or local basis.

`(9) Assisting in the implementation of national strategies for public and community preparedness, including the development of individual preparedness skills and capabilities, including assembling preparedness kits, developing emergency communications plans, training in basic fist aid, and learning how to react to a variety of emergencies.

`(e) At-Risk Communities- In carrying out the responsibilities under this section, the Director shall consider the unique preparedness challenges faced by persons with disabilities, health problems, language barriers, and income barriers, the elderly, children, and individuals with pets, service animals, or farm animals.

`(f) National Citizen Corps Council-

`(1) IN GENERAL- There is in the Directorate a National Citizen Corps Council. The Under Secretary for Emergency Management or a designee shall serve as chair of the Council.

`(2) MEMBERSHIP- The Council shall consist of national leaders of organizations and associations representing at risk communities described under subsection (e), emergency managers, emergency response providers, emergency support providers, community and volunteer service providers, government, and the private sector.

`(3) RESPONSIBILITIES- The responsibilities of the Council are as follows:

`(A) To work together at the national level and encourage members of the Council at the State, local, and tribal level to collaborate in support of the Citizen Corps.

`(B) To identify opportunities for Federal, State, local, and tribal organizations to collaborate to accomplish the shared goals of the Citizen Corps programs.

`(C) To encourage the development and support of local Citizen Corps Councils and to advance the Citizen Corps mission across the country.

`(D) To exchange facts and information on programs to promote public awareness, training, safety, and volunteer service opportunities and on safety and preparedness messages to be conveyed to the public.

`(E) To develop and disseminate messages on safety and emergency preparedness that will be effective in engaging communities and individuals in the Citizen Corps.

`(F) To serve as the catalyst for engaging others within their areas of expertise to promote the Citizen Corps mission.

`(4) MEETINGS- The Under Secretary for Emergency Management or a designee shall convene meetings of the National Citizen Corps Council at the discretion of the Under Secretary or at the direction of the Secretary.

`(g) Coordination- The Director shall--

`(1) coordinate with other Federal entities, as appropriate, including the Departments of Health and Human Services, Justice, Commerce, and Education, the Environmental Protection Agency, and the Corporation for National and Community Service, to enhance public and community preparedness;

`(2) coordinate with State, local, and tribal governments; and

`(3) subject to the availability of appropriations, make grants and enter into contracts and cooperative agreements with other Federal agencies and nongovernmental organizations, as may be necessary and proper to carry out the responsibilities of the Director under this section.

`Subtitle C--Emergency Response

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

`(a) In General- There is in the Directorate of Emergency Management a National Incident Management System and National Response Plan Integration Center (referred to in this section as the `NIC').

`(b) Director- The NIC shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report directly to the Deputy Under Secretary for Response and Recovery.

`(c) Responsibilities- The Director, in consultation with the Assistant Secretary for Grants and Planning, the Assistant Secretary for Training and Exercises, the heads of other appropriate Federal departments and agencies, and the National Advisory Council on Emergency Management under section 509, shall establish a mechanism for ensuring ongoing management and maintenance of the National Incident Management System (NIMS), the National Response Plan (NRP), any other document or tool in support of Homeland Security Presidential Directive 5, or any other Homeland Security Presidential Directive related to incident management and response. The responsibilities of the Director shall include the following:

`(1) Revising, as appropriate, the NIMS and the NRP not later than 90 days after the enactment of this section with respect to--

`(A) clarifying the roles and responsibilities of the Principal Federal Official, the Federal Coordinating Officer, the Federal Resource Coordinator, and the Disaster Recovery Manager;

`(B) developing procedures for the timely activation of each such role;

`(C) establishing, in consultation with the Director for Public and Community Preparedness and the Director of the Corporation for National and Community Service, as part of the NRP an emergency support function with respect to volunteers and donations;

`(D) realigning the emergency support functions of the NRP so as to be consistent with the NIMS;

`(E) developing doctrine and procedures relating to the management of acts of terrorism, natural disasters, and other emergencies affecting multiple State;

`(F) improving the utilization of Federal, State, local, and tribal resources, including the deployment of emergency response providers, specialized equipment, and supplies;

`(G) finalizing and releasing the Catastrophic Incident Supplement to the NRP;

`(H) ensuring the effective use of emergency response providers at emergency scenes;

`(I) conforming the NRP and NIMS to the provisions of this Act; and

`(J) reviewing other matters pertaining to the NIMS and the NRP as the Secretary may require.

`(2) Developing a national program for NIMS and NRP education and awareness, including specific instruction on the purposes of the NIMS and the NRP and responsibilities of the NIC.

`(3) Promoting the compatibility between national voluntary consensus standards for the NIMS and the NRP and such standards developed by other public, private, or professional groups.

`(4) Facilitating the development and publication of materials and standardized templates to support the implementation and continuous refinement of the NIMS and the NRP.

`(5) Developing performance measures and assessment criteria for the various components of the NIMS and the NRP and compliance requirements and compliance timelines for implementation by Federal, State, local, and tribal entities.

`(6) Establishing a peer review process for NIMS compliance certifications that verifies the satisfaction of training, planning, exercising, and other activities.

`(7) Defining, in consultation with the Assistant Secretary for Training and Exercises, the general training requirements and the national training standards and course curricula associated with the NIMS and the NRP.

`(8) Facilitating the development of national voluntary consensus standards, guidelines, and protocols for incident management training and exercises, including consideration of existing exercise and training programs at all levels of government.

`(9) Facilitating the establishment and maintenance of a publication management system for documents supporting the NIMS and the NRP and other related publications and materials related to the NIMS and the NRP, including the development or coordination of general publications.

`(10) Reviewing and certifying, in coordination with accrediting organizations and in consultation with Federal, State, local, tribal, private-sector, and nongovernmental entities, the discipline-specific publication management requirements submitted by professional organizations and associations.

`(11) Facilitating the development and publication of national voluntary consensus standards, guidelines, and protocols for the qualification and certification of emergency managers, emergency response providers, and emergency support providers, as appropriate.

`(12) Reviewing and approving, in coordination with appropriate national professional organizations and with input from Federal, State, local, tribal, private-sector, and other nongovernmental entities, the discipline-specific qualification and certification requirements submitted by organizations and associations representing emergency managers, emergency response providers, and emergency support providers.

`(13) Facilitating the establishment and maintenance of a documentation and database system related to qualification, certification, and credentialing of emergency managers, emergency response providers, and emergency support providers and nongovernmental organizations, including reviewing and approving, in coordination with appropriate national professional organizations and with input from the Federal, State, local, tribal, private-sector and nongovernmental entities, of the discipline-specific requirements.

`(14) Establishing a data maintenance system to provide emergency managers with the detailed qualification, experience, and training information needed to credential personnel for prescribed national emergency management positions.

`(15) Coordinating minimum professional certification standards and facilitation of the design and implementation of a credentialing system that can be used nationwide.

`(16) Facilitating the development and issuance of national standards for the typing of resources.

`(17) Facilitating the definition and maintenance of the information framework required to guide the development of NIMS information systems, including the development of data standards for--

`(A) incident notification and situation reports;

`(B) status reporting;

`(C) analytical data;

`(D) geospatial information;

`(E) wireless communications;

`(F) identification and authentication; and

`(G) incident reports, including lessons learned reports.

`(18) Performing such other duties relating to such responsibilities as the Secretary may require.

`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000, for each of fiscal years 2007 through 2010.

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

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

`SEC. 543. NUCLEAR INCIDENT RESPONSE.

`(a) Nuclear Incident Response Team- In connection with actual or threatened acts of terrorism, natural disasters, or other emergencies in the United States--

`(1) the Nuclear Incident Response Team shall operate as an organizational unit of the Department; and

`(2) while so operating, the Secretary shall have direction, authority, and control of the Nuclear Incident Response Team.

`(b) Responsibilities- In addition to the authority under subsection (a), the Secretary, acting through the Under Secretary for Emergency Management, shall at all times carry out the following responsibilities:

`(1) Establishing standards for performance of the Nuclear Incident Response Team and, when such standards have been met, certifying that they have been met.

`(2) Conducting joint and other exercises and training and evaluating performance.

`(3) Providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment.

`(c) Rule of Construction- Nothing in this section shall be construed to limit the responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities that participate in the Nuclear Incident Response Team, or (subject this section) from exercising direction, authority, and control over such entities when they are not operating as a unit of the Department.

`(d) Definition- In this section, the term `Nuclear Incident Response Team' means a resource that includes--

`(1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and

`(2) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.

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

`(a) National Urban Search and Rescue Response System- There is in the Directorate of Emergency Management an emergency response system known as the National Urban Search and Rescue Response System that provides a national network of standardized search and rescue resources to assist State, local, and tribal governments in responding to acts of terrorism, natural disasters, and other emergencies.

`(b) Administration of the System-

`(1) TASK FORCE PARTICIPATION- The Under Secretary for Emergency Management shall select eligible urban search and rescue teams that are sponsored by State and local government entities to participate as task forces in the System. The Under Secretary shall determine the criteria for such participation.

`(2) AGREEMENTS WITH SPONSORING AGENCIES- The Under Secretary shall enter into an agreement with the State or local government entity that sponsors each search and rescue team selected under paragraph (1) with respect the team's participation as a task force in the System.

`(3) URBAN SEARCH AND RESCUE TEAM PERSONNEL- Personnel of an urban search and rescue team that participates as a task force under this section may be--

`(A) personnel of the State or local government sponsor; or

`(B) personnel of any other Federal, State, or local government entity that enters into a participation agency agreement with the State or local government sponsor of the team.

`(4) MANAGEMENT AND TECHNICAL TEAMS- The Under Secretary shall maintain such management and other technical teams as are necessary to administer the System.

`(c) Advisory Committee-

`(1) IN GENERAL- The Under Secretary shall establish and maintain an advisory committee to provide expert recommendations to the Under Secretary with respect to administering the System.

`(2) COMPOSITION- The advisory committee shall be geographically diverse, and shall include, at a minimum--

`(A) the chief officer or senior executive from each of at least three State or local governments that sponsor urban search and rescue teams selected to participate in the System as task forces;

`(B) the senior emergency manager from each of at least two States in which such local governments are located; and

`(C) at least one representative selected by the leaders of the task forces.

`(3) TERMINATION- The advisory committee shall terminate on the date that is two years after the date of the enactment of the National Emergency Management Reform and Enhancement Act of 2006.

`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--

`(1) $40,000,000 for each of fiscal years 2007 through 2009; and

`(2) such sums as may be necessary for each fiscal year after fiscal year 2009.

`SEC. 545. METROPOLITAN MEDICAL RESPONSE SYSTEM.

`(a) In General- There is in the Department a Metropolitan Medical Response System. Under the System, the Assistant Secretary for Grants and Planning shall administer grants to develop, maintain, and enhance medical preparedness systems that are capable of responding effectively during the initial hours of a public health crisis or mass-casualty event caused by an act of terrorism, natural disaster, or other emergency.

`(b) Use of Funds- The Metropolitan Medical Response System shall make grants to local governments to enhance any of the following activities:

`(1) Medical surge capacity.

`(2) Mass prophylaxis.

`(3) Chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities.

`(4) Emergency communications capabilities.

`(5) Information sharing and collaboration capabilities.

`(6) Regional collaboration.

`(7) Triage and pre-hospital treatment.

`(8) Medical supply management and distribution.

`(9) Fatality management.

`(10) Such other activities as the Secretary may provide.

`(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2007 through 2010.

`SEC. 546. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION.

`(a) In General- The Secretary, acting through the Under Secretary for Emergency Management, may make grants for the purposes of administering the Emergency Management Assistance Compact consented to by Public Law 104-321.

`(b) Uses- A grant under this section shall be used--

`(1) to carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact;

`(2) to coordinate with the Department and other Federal Government agencies;

`(3) to coordinate with State and local government entities and their respective national associations; or

`(4) to administer the operations of the Emergency Management Assistance Compact.

`(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $4,000,000 for each fiscal year. Amounts appropriated under this section shall remain available for 3 fiscal years.

`Subtitle D--Emergency Communications

`SEC. 561. OFFICE OF EMERGENCY COMMUNICATIONS.

`(a) In General- There is in the Department an Office of Emergency Communications, which shall be under the authority of the Under Secretary for Emergency Management.

`(b) Assistant Secretary- The head of the office shall be the Assistant Secretary for Emergency Communications.

`(c) Responsibilities- The Assistant Secretary for Emergency Communications shall--

`(1) assist the Secretary in developing and implementing the program described in section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as provided in section 5 of the National Emergency Management Reform and Enhancement Act of 2006;

`(2) administer the Department's responsibilities and authorities relating to the SAFECOM Program;

`(3) administer the Department's responsibilities and authorities relating to the Integrated Wireless Network program;

`(4) coordinate, as appropriate, with the Assistant Secretary for Cybersecurity and Telecommunications, regarding the administration of the National Communications System;

`(5) conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by State, regional, local, and tribal governments and public safety agencies;

`(6) provide technical assistance to State, regional, local, and tribal officials with respect to use of interoperable emergency communications capabilities;

`(7) facilitate the creation of Regional Emergency Communications Coordination Working Groups under section 565;

`(8) promote the development of standard operating procedures with respect to use of interoperable emergency communications capabilities for incident response and facilitate the sharing of information on best practices (including from governments abroad) for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response;

`(9) coordinate the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of backup communications services in the event of a catastrophic loss of local and regional emergency communications services;

`(10) assist the President, the National Security Council, the Homeland Security Council, the Director of the Office of Science and Technology Policy, and the Director of the Office of Management and Budget in ensuring the operability of the telecommunications functions and responsibilities of the Federal Government;

`(11) establish requirements for total and nonproprietary interoperable emergency communications capabilities for all public safety radio and data communications systems and equipment;

`(12) help to establish an integrated national public alert and warning system that incorporates legacy systems; and

`(13) review, in consultation with Assistant Secretary for Grants and Planning, all interoperable emergency communications plans of Federal, State, local, and tribal governments, including Statewide and tactical interoperability plans.

`(d) Performance of Previously Transferred Functions- There is transferred to the Secretary the authority to administer, through the Assistant Secretary for Emergency Communications, the following:

`(1) The SAFECOM Program.

`(2) The responsibilities of the Chief Information Officer related to the implementation of the Integrated Wireless Network.

`(3) The Interoperable Communications Technical Assistance Program.

`(e) Coordination- The Assistant Secretary shall coordinate, as appropriate, with the Director of the Office for Interoperability and Compatibility the responsibilities described in section 104 of the National Emergency Management Reform and Enhancement Act of 2006.

`(f) Sufficiency of Resources Plan-

`(1) REPORT- Not later than days 60 days after the enactment of this section, the Secretary shall submit to Congress a report on the resources and staff necessary to carry out the responsibilities under this subtitle.

`(2) COMPTROLLER GENERAL REVIEW- The Comptroller General shall review the validity of the report submitted by the Secretary under paragraph (1). Not later than 30 days after the date on which such report is submitted, the Comptroller General shall submit to Congress a report containing the findings of such review.

`SEC. 562. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.

`(a) In General- The Secretary, acting through the Assistant Secretary for Emergency Communications, shall, not later than one year after the completion of the baseline assessment under section 563, and in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, emergency support responders, and the private sector, develop a National Emergency Communications Strategy to achieve interoperable emergency communications.

`(b) Contents- The national strategy shall--

`(1) include a national interoperable emergency communication inventory that--

`(A) identifies for each Federal department and agency--

`(i) the channels and frequencies used;

`(ii) the nomenclature used to refer to each channel or frequency used; and

`(iii) the types of communications system and equipment used;

`(B) identifies the interoperable emergency communication systems in use for public safety systems in the United States; and

`(C) provides a listing of public safety mutual aid channels in operation and their ability to connect to an interoperable communications system;

`(2) include, in consultation with the National Institute of Standards and Technology, a process for expediting national voluntary consensus-based emergency communications equipment standards for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies;

`(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments to operate at all threat levels;

`(4) address both short-term and long-term solutions to achieving Federal, State, local, and tribal interoperable emergency communications systems, including provision of existing and emerging technologies that facilitate operability, interoperability, coordination, and integration among existing emergency communications systems;

`(5) identify how Federal Government departments and agencies that respond to acts of terrorism, natural disasters, and other emergencies can work effectively with State, local, and tribal governments, in all States, and such other entities as are necessary to implement the strategy;

`(6) include measures to identify and overcome all obstacles to achieving interoperable emergency communications; and

`(7) set goals and establish timeframes for the achievement of an emergency, command-level communication system based on existing equipment across the United States and develop a timetable for a nationwide interoperable emergency communications system.

`SEC. 563. ASSESSMENTS AND REPORTS.

`(a) Baseline Operability and Interoperability Assessment- Not later than one year after the date of the enactment of this section and not less than every 5 years thereafter, the Secretary, acting through the Assistant Secretary for Emergency Communications, shall conduct an assessment of Federal, State, local, and tribal governments, to--

`(1) define the range of operable and interoperable emergency communications capabilities needed for specific events;

`(2) assess the current capabilities to meet such communications needs; and

`(3) identify the gap between such current capabilities and defined requirements.

`(b) Progress Reports- Not later than one year after the date of enactment of this section and annually thereafter, the Secretary, acting through the Assistant Secretary for Emergency Communications, shall submit to Congress a report on the progress of the Department in implementing and achieving the goals of this subtitle, including--

`(1) a description of the findings of the most recent baseline assessment conducted under subsection (a);

`(2) a determination of the degree to which interoperable emergency communications has been achieved to date and ascertain the needs that remain for interoperability to be achieved;

`(3) an assessment of the ability of communities to provide and maintain interoperable emergency communications among emergency managers, emergency response providers, emergency support providers, and government officials in the event of acts of terrorism, natural disasters, or other emergencies, including Incidents of National Significance declared by the Secretary under the National Response Plan, and where there is substantial damage to ordinary communications infrastructure or sustained loss of electricity;

`(4) a list of best practices among communities for providing and maintaining interoperable emergency communications in the event of acts of terrorism, natural disasters, or other emergencies; and

`(5) an evaluation of the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of acts of terrorism, natural disasters, or other emergencies.

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

`(a) Assessment of Grants and Standards Programs- The Secretary, acting through Assistant Secretary for Emergency Communications, shall assess Federal grants and standards programs managed by other Federal departments and agencies to--

`(1) integrate and coordinate Federal grant guidelines for the use of Federal homeland security assistance relating to interoperable emergency communications;

`(2) assess and make recommendations to ensure that such guidelines are consistent with the mission of the Office of Emergency Communications; and

`(3) assess and make recommendations to ensure conformity with the goals and objectives identified in the National Emergency Communications Strategy.

`(b) Denial of Eligibility for Grants-

`(1) IN GENERAL- The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation with the Assistant Secretary for Emergency Communications, may prohibit any State, local, or tribal government from using Federal homeland security assistance administered by the Department to achieve, maintain, or enhance interoperable emergency communications capabilities, if--

`(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plans as required by section 7303(f) of the Intelligence Re