[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3595 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3595

  To amend the Homeland Security Act of 2002 to establish the United 
     States Emergency Management Authority, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2006

Ms. Collins (for herself, Mr. Lieberman, and Mr. Carper) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to establish the United 
     States Emergency Management Authority, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Emergency Management 
Authority Act of 2006''.

SEC. 2. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 
is amended by--
            (1) striking the title heading and inserting the following:

            ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE'';

            (2) striking sections 501 through 503;
            (3) striking sections 506 and 507;
            (4) redesignating sections 504, 505, 508, and 509 as 
        sections 519, 520, 521, and 522, respectively;
            (5) redesignating section 510 (relating to procurement of 
        security countermeasures for the strategic national stockpile) 
        as section 523;
            (6) redesignating section 510 (relating to urban and other 
        high risk area communications capabilities) as section 524; and
            (7) inserting before section 519, as so redesignated by 
        this section, the following:

``SEC. 501. DEFINITIONS.

    ``In this title--
            ``(1) the term `all-hazards-plus' means an approach to 
        preparedness, response, recovery, and mitigation that 
        emphasizes the development of capabilities that are common to 
        natural and man-made disasters, while also including the 
        development of capabilities that are uniquely relevant to 
        specific types of disasters;
            ``(2) the term `Authority' means the United States 
        Emergency Management Authority established under section 502;
            ``(3) the term `Administrator' means the Administrator of 
        the Authority;
            ``(4) the term `Federal coordinating officer' means a 
        Federal coordinating officer as described in section 302 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5143);
            ``(5) the term `National Advisory Council' means the 
        National Advisory Council on Emergency Preparedness and 
        Response established under section 508;
            ``(6) the term `National Incident Management System' means 
        the National Incident Management System as described in the 
        National Response Plan;
            ``(7) the term `National Response Plan' means the National 
        Response Plan prepared under Homeland Security Presidential 
        Directive 5 or any presidential directive meant to replace or 
        augment that directive;
            ``(8) the term `Nuclear Incident Response Team' means a 
        resource that includes--
                    ``(A) those entities of the Department of Energy 
                that perform nuclear or radiological emergency support 
                functions (including accident response, search 
                response, advisory, and technical operations 
                functions), radiation exposure functions at the medical 
                assistance facility known as the Radiation Emergency 
                Assistance Center/Training Site (REAC/TS), radiological 
                assistance functions, and related functions; and
                    ``(B) those entities of the Environmental 
                Protection Agency that perform such support functions 
                (including radiological emergency response functions) 
                and related functions;
            ``(9) the term `Regional Advisory Council' means a Regional 
        Advisory Council on Preparedness and Response established under 
        section 503;
            ``(10) the term `Regional Administrator' means a Regional 
        Administrator for Preparedness and Response appointed under 
        section 507;
            ``(11) the term `Regional Office' means a Regional Office 
        established under section 507; and
            ``(12) the term `surge capacity' means the ability to 
        rapidly and substantially increase the provision of search and 
        rescue capabilities, food, water, medicine, shelter and 
        housing, medical care, evacuation capacity, staffing, including 
        disaster assistance employees, and other resources necessary to 
        save lives and protect property during a catastrophic incident, 
        or other natural or man-made disaster.

``SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.

    ``(a) In General.--There is established in the Department the 
United States Emergency Management Authority, headed by an 
Administrator.
    ``(b) Mission.--The mission of the Authority is to--
            ``(1) lead the Nation's efforts to prepare for, respond to, 
        recover from, and mitigate the risks of natural and man-made 
        disasters, including catastrophic incidents;
            ``(2) partner with State and local governments and 
        emergency response providers, with other Federal agencies, with 
        the private sector, and with nongovernmental organizations to 
        build a national system of emergency management that can 
        effectively and efficiently utilize the full measure of the 
        Nation's resources to respond to a catastrophic incident or 
        other natural or man-made disaster;
            ``(3) develop a Federal response capability that, when 
        necessary and appropriate, can act effectively, rapidly, and 
        proactively to deliver assistance essential to saving lives or 
        protecting or preserving property or public health and safety 
        in a natural or man-made disaster;
            ``(4) fuse the Department's emergency response, 
        preparedness, recovery, mitigation, and critical infrastructure 
        assets into a new, integrated organization that can effectively 
        confront the challenges of a natural or man-made disaster;
            ``(5) develop and maintain robust Regional Offices that 
        will work with State and local governments and emergency 
        response providers to identify and address regional priorities;
            ``(6) under the leadership of the Secretary, coordinate 
        with the Commandant of the Coast Guard, the Director of Customs 
        and Border Protection, the Director of Immigration and Customs 
        Enforcement, and the National Operations Center, and other 
        agencies and offices in the Department to take full advantage 
        of the substantial range of resources in the Department that 
        can be brought to bear in preparing for and responding to a 
        natural or man-made disaster;
            ``(7) carry out the provisions of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.);
            ``(8) provide funding, training, exercises, technical 
        assistance, planning, and other assistance, to build local, 
        State, regional, and national capabilities, including 
        communications capabilities, necessary to respond to a 
        potential natural or man-made disaster;
            ``(9) implement an all-hazards-plus strategy for 
        preparedness that places priority on building those common 
        capabilities necessary to respond to both terrorist attacks and 
        natural disasters while also building the unique capabilities 
        necessary to respond to specific types of incidents that pose 
        the greatest risk to our Nation; and
            ``(10) promote, plan for, and facilitate the security of 
        critical infrastructure and key resources, including cyber 
        infrastructure, against a natural or man-made disaster, and the 
        post-disaster restoration of such critical infrastructure and 
        key resources.
    ``(c) Administrator.--
            ``(1) In general.--The Administrator shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            ``(2) Qualifications.--The Administrator shall have not 
        less than 5 years of executive leadership and management 
        experience in the public or private sector and a demonstrated 
        ability to manage a substantial staff and budget.
            ``(3) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through any other 
        official of the Department.
            ``(4) Principal advisor on emergency preparedness and 
        response.--
                    ``(A) In general.--The Administrator is the 
                principal emergency preparedness and response advisor 
                to the President, the Homeland Security Council, and 
                the Secretary.
                    ``(B) Advice and recommendations.--
                            ``(i) In general.--In presenting advice 
                        with respect to any matter to the President, 
                        the Homeland Security Council, or the 
                        Secretary, the Administrator shall, as the 
                        Administrator considers appropriate, inform the 
                        President, the Homeland Security Council, or 
                        the Secretary, as the case may be, of the range 
                        of emergency mitigation, preparedness, 
                        response, and recovery options with respect to 
                        that matter.
                            ``(ii) Advice on request.--The 
                        Administrator, as an emergency preparedness and 
                        response advisor, shall provide advice to the 
                        President, the Homeland Security Council, or 
                        the Secretary on a particular matter when the 
                        President, the Homeland Security Council, or 
                        the Secretary requests such advice.
                            ``(iii) Recommendations to congress.--After 
                        informing the Secretary, the Administrator may 
                        make such recommendations to Congress relating 
                        to emergency preparedness and response as the 
                        Administrator considers appropriate.
                    ``(C) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the authority 
                of the Secretary under this Act.

``SEC. 503. AUTHORITIES AND RESPONSIBILITIES.

    ``(a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for and respond to a natural or man-
made disaster, including--
            ``(1) carrying out the mission to reduce the loss of life 
        and property and protect the Nation from all hazards by leading 
        and supporting the Nation in a comprehensive, risk-based 
        emergency preparedness and response program of--
                    ``(A) mitigation, by taking sustained actions to 
                reduce or eliminate long-term risk to people and 
                property from hazards and their effects;
                    ``(B) preparedness, by planning, training, and 
                building the emergency preparedness and response 
                workforce to prepare effectively for, mitigate against, 
                respond to, and recover from any hazard;
                    ``(C) response, by conducting emergency operations 
                to save lives and property through positioning 
                emergency equipment, personnel, and supplies, through 
                evacuating potential victims, through providing food, 
                water, shelter, and medical care to those in need, and 
                through restoring critical public services;
                    ``(D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can function 
                on their own, return to normal life, and protect 
                against future hazards; and
                    ``(E) critical infrastructure protection, by 
                establishing an inventory of, and protections for, 
                public and private sector critical infrastructure, 
                including cyber and communications assets;
            ``(2) increasing efficiencies, by coordinating efforts 
        relating to mitigation, preparedness, response, recovery, and 
        infrastructure protection;
            ``(3) helping to ensure the effectiveness of emergency 
        response providers in responding to a natural or man-made 
        disaster;
            ``(4) providing the Federal Government's response to a 
        natural or man-made disaster, including--
                    ``(A) managing such response;
                    ``(B) directing the Domestic Emergency Support 
                Team, the National Disaster Medical System, and (when 
                operating as an organizational unit of the Department 
                under this title) the Nuclear Incident Response Team;
                    ``(C) overseeing the Metropolitan Medical Response 
                System; and
                    ``(D) coordinating other Federal response 
                resources, including requiring deployment of the 
                Strategic National Stockpile, in the event of a natural 
                or man-made disaster;
            ``(5) working with Federal, State, and local government 
        personnel, agencies, and authorities to build a comprehensive 
        national incident management system to respond to a natural or 
        man-made disaster;
            ``(6) with respect to the Nuclear Incident Response Team 
        (regardless of whether it is operating as an organizational 
        unit of the Department under this title)--
                    ``(A) establishing standards and certifying when 
                those standards have been met;
                    ``(B) conducting joint and other exercises and 
                training and evaluating performance; and
                    ``(C) providing funds to the Department of Energy 
                and the Environmental Protection Agency, as 
                appropriate, for homeland security planning, exercises 
                and training, and equipment;
            ``(7) helping to ensure that emergency response providers 
        acquire interoperable and sustainable technology;
            ``(8) assisting the President in carrying out the functions 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.);
            ``(9) administering homeland security emergency management, 
        first responder, and other preparedness grants;
            ``(10) monitoring, evaluating, and ensuring the readiness 
        of each emergency support function under the National Response 
        Plan;
            ``(11) coordinating with the National Advisory Council;
            ``(12) ensuring the protection of critical infrastructure 
        by--
                    ``(A) carrying out the responsibilities under 
                paragraphs (2) through (6) of section 201(d);
                    ``(B) helping ensure the protection and resiliency 
                of key resources and critical infrastructure, including 
                cyber infrastructure, against a natural or man-made 
                disaster; and
                    ``(C) planning for, assisting with, and 
                facilitating, the restoration of key resources and 
                critical infrastructure, including cyber 
                infrastructure, in the event of a natural or man-made 
                disaster;
            ``(13) establishing in each Regional Office a Regional 
        Advisory Council on Preparedness and Response, to advise the 
        Regional Administrator of that Regional Office on emergency 
        preparedness and response issues specific to the region; and
            ``(14) otherwise carrying out the mission of the Authority 
        as described in section 502(b).
    ``(b) Additional Responsibilities Related to Catastrophic 
Incidents.--
            ``(1) In general.--The Administrator, in consultation with 
        the Secretary and other senior Department officials, shall 
        develop a national emergency management system that is capable 
        of responding to catastrophic incidents.
            ``(2) Identification of resources.--
                    ``(A) In general.--The Administrator shall develop 
                and submit to Congress annually an estimate of the 
                resources of the Authority and other Federal agencies 
                needed for and devoted specifically to developing 
                local, State, and national capabilities necessary to 
                respond to a catastrophic incident.
                    ``(B) Contents.--Each estimate under subparagraph 
                (A) shall include the resources both necessary for and 
                devoted to--
                            ``(i) planning;
                            ``(ii) training and exercises;
                            ``(iii) Regional Office enhancements;
                            ``(iv) staffing, including for surge 
                        capacity during a catastrophic event;
                            ``(v) additional logistics capabilities;
                            ``(vi) other responsibilities under the 
                        Catastrophic Incident Annex of the National 
                        Response Plan; and
                            ``(vii) State and local catastrophic 
                        preparedness.
    ``(c) All-Hazards-Plus Approach.--In carrying out this section, the 
Administrator shall implement an all-hazards-plus strategy that places 
priority on building those common capabilities necessary to prepare 
for, respond to, recover from, and mitigate the risks of terrorist 
attacks and natural disasters, while also building the unique 
capabilities necessary to prepare for, respond to, recover from, and 
mitigate the risks of specific types of incidents that pose the 
greatest risk to the Nation.

``SEC. 504. AUTHORITY COMPONENTS.

    ``There are transferred to the Authority the following:
            ``(1) The Federal Emergency Management Agency, including 
        the functions of the Under Secretary for Federal Emergency 
        Management relating thereto.
            ``(2) The Directorate of Preparedness, as constituted on 
        June 1, 2006, including the functions of the Under Secretary 
        for Emergency Preparedness relating to the Directorate, as 
        constituted on that date.

``SEC. 505. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT 
              AUTHORITY.

    ``(a) Distinct Entity.--The Authority shall be maintained as a 
distinct entity within the Department.
    ``(b) Reorganization.--Section 872 shall not apply to the 
Authority, including any function or organizational unit of the 
Authority.
    ``(c) Prohibition on Changes to Missions.--
            ``(1) In general.--The Secretary may not substantially or 
        significantly reduce the authorities, responsibilities, or 
        functions of the Authority or the capability of the Authority 
        to perform those responsibilities, except as otherwise 
        specifically provided in an Act enacted after the date of 
        enactment of the United States Emergency Management Authority 
        Act of 2006.
            ``(2) Certain transfers prohibited.--No asset, function or 
        mission of the Authority may be diverted to the principal and 
        continuing use of any other organization, unit, or entity of 
        the Department, except for details or assignments that do not 
        reduce the capability of the Authority to perform its missions.

``SEC. 506. DIRECTORS.

    ``(a) In General.--There shall be in the Authority a Director for 
Preparedness and a Director for Response and Recovery, each of whom 
shall be appointed by the President, by and with the advice and consent 
of the Senate, and shall report to the Administrator.
    ``(b) Qualifications.--
            ``(1) In general.--A Director shall have--
                    ``(A) not less than 5 years of--
                            ``(i) executive leadership and management 
                        experience in the public or private sector; and
                            ``(ii) significant experience in crisis 
                        management or another relevant field; and
                    ``(B) a demonstrated ability to manage a 
                substantial staff and budget.
            ``(2) Concurrent experience.--Service during any period of 
        time may be used in meeting the requirements under both clause 
        (i) and (ii) of paragraph (1)(A).
    ``(c) Initial Directors.--The individual serving as the Under 
Secretary for Emergency Preparedness and the individual serving as the 
Under Secretary for the Federal Emergency Management Agency on the 
effective date of the United States Emergency Management Authority Act 
of 2006 may serve as the Director for Preparedness and the Director of 
Response and Recovery, respectively, until a Director for Preparedness 
or a Director of Response and Recovery, as the case may be, is 
appointed under subsection (a).

``SEC. 507. REGIONAL OFFICES.

    ``(a) In General.--
            ``(1) Regional offices.--The Administrator shall establish 
        10 Regional Offices of the Authority.
            ``(2) Additional office.--In additon to the Regional 
        Offices established under paragraph (1), the Administrator may 
        designate the Office for National Capital Region Coordination 
        under section 882 as a Regional Office.
    ``(b) Management of Regional Offices.--
            ``(1) Regional administrator.--Each Regional Office shall 
        be headed by a Regional Administrator for Preparedness and 
        Response, who shall be appointed by the Secretary. Each 
        Regional Administrator for Emergency Preparedness and Response 
        shall report directly to the Administrator.
            ``(2) Qualifications.--Each Regional Office shall be headed 
        by an individual in the Senior Executive Service qualified to 
        act as a senior Federal coordinating officer to provide 
        strategic oversight of incident management when needed.
    ``(c) Responsibilities.--
            ``(1) In general.--The Regional Administrator shall work in 
        partnership with State and local governments, emergency 
        managers, emergency response providers, medical providers, the 
        private sector, nongovernmental organizations, 
        multijurisdictional councils of governments, and regional 
        planning commissions and organizations in the geographical area 
        served by the Regional Office to carry out the responsibilities 
        of a Regional Administrator under this section.
            ``(2) Responsibilities.--The responsibilities of a Regional 
        Administrator include--
                    ``(A) ensuring effective, coordinated, and 
                integrated regional preparedness, mitigation, response, 
                and recovery activities and programs for natural and 
                man-made disasters (including planning, training, 
                exercises, and professional development);
                    ``(B) coordinating and integrating regional 
                preparedness, mitigation, response, and recovery 
                activities and programs for natural and man-made 
                disasters (including planning, training, exercises, and 
                professional development), which shall include--
                            ``(i) providing regional and interstate 
                        planning assistance;
                            ``(ii) organizing, in consultation with the 
                        Administrator, regional training and exercise 
                        programs;
                            ``(iii) providing support and coordination 
                        officers for State and local government 
                        training and exercises;
                            ``(iv) participating in emergency 
                        preparedness and planning activities by State, 
                        regional, and local governments;
                            ``(v) assisting in the development of 
                        regional capabilities needed for a national 
                        catastrophic response system; and
                            ``(vi) helping to coordinate and develop 
                        interstate agreements;
                    ``(C) establishing and overseeing 1 or more strike 
                teams within the region under subsection (e), which 
                shall serve as the focal point of the Federal 
                Government's initial response efforts for a natural or 
                man-made disaster within that region, and otherwise 
                building Federal response capabilities to respond to a 
                natural or man-made disaster within that region;
                    ``(D) working with the private sector to assess 
                weaknesses in critical infrastructure protection in the 
                region and to design and implement programs to address 
                those weaknesses;
                    ``(E) coordinating all activities conducted under 
                this section with other Federal departments and 
                agencies; and
                    ``(F) performing such other duties relating to such 
                responsibilities as the Administrator may require.
    ``(d) Area Offices.--The Administrator shall establish an Area 
Office for the Pacific and an Area Office for the Caribbean, as 
components in the appropriate Regional Offices.
    ``(e) Regional Office Strike Teams.--
            ``(1) Establishment.--In coordination with other relevant 
        Federal agencies, each Regional Administrator shall establish 
        multi-agency strike teams that shall consist of--
                    ``(A) a designated Federal coordinating officer;
                    ``(B) personnel trained in incident management;
                    ``(C) public affairs, response and recovery, and 
                communications support personnel;
                    ``(D) a defense coordinating officer;
                    ``(E) liaisons to other Federal agencies;
                    ``(F) such other personnel as the Administrator or 
                Regional Administrator determines appropriate; and
                    ``(G) individuals from the agencies with primary 
                responsibility for each of the emergency support 
                functions in the National Response Plan, including the 
                following:
                            ``(i) Transportation.
                            ``(ii) Communications.
                            ``(iii) Public works and engineering.
                            ``(iv) Emergency management.
                            ``(v) Mass care.
                            ``(vi) Housing and human services.
                            ``(vii) Public health and medical services.
                            ``(viii) Urban search and rescue.
                            ``(ix) Public safety and security.
                            ``(x) External affairs.
            ``(2) Location of members.--The members of each Regional 
        Office strike team, including representatives from agencies 
        other than the Department, shall be based primarily at the 
        Regional Office that corresponds to that strike team.
            ``(3) Coordination.--Each Regional Office strike team shall 
        coordinate the training and exercises of that strike team with 
        the State and local governments and private sector and 
        nongovernmental entities which the strike team shall support 
        when a natural or man-made disaster occurs.
            ``(4) Preparedness.--Each Regional Office strike team shall 
        be trained, equipped, and staffed to be well prepared to 
        respond to natural and man-made disasters, including 
        catastrophic incidents.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as necessary to carry 
        out this subsection.

``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY PREPAREDNESS AND 
              RESPONSE.

    ``(a) Establishment.--Not later than 60 days after the date of 
enactment of the United States Emergency Management Authority Act of 
2006, the Secretary shall establish an advisory body under section 
871(a), to be known as the National Advisory Council on Emergency 
Preparedness and Response.
    ``(b) Responsibilities.--The National Advisory Council shall advise 
the Administrator on all aspects of emergency preparedness and 
response.
    ``(c) Membership.--
            ``(1) In general.--The members of the National Advisory 
        Council shall be appointed by the Administrator, and shall, to 
        the extent practicable, represent a geographic (including urban 
        and rural) and substantive cross section of State and local 
        government officials and emergency managers, and emergency 
        response providers, from State and local governments, the 
        private sector, and nongovernmental organizations, including as 
        appropriate--
                    ``(A) members selected from the emergency 
                preparedness and response fields, including fire 
                service, law enforcement, hazardous materials response, 
                emergency medical services, and emergency preparedness 
                and response personnel;
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals;
                    ``(C) experts representing standards setting 
                organizations;
                    ``(D) State and local government officials with 
                expertise in terrorism preparedness and emergency 
                preparedness and response;
                    ``(E) elected State and local government 
                executives;
                    ``(F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                    ``(G) representatives of the disabled and other 
                special needs populations; and
                    ``(H) such other individuals as the Administrator 
                determines to be appropriate.
    ``(d) Applicability of Federal Advisory Committee Act.--
            ``(1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory Committee Act (5 
        U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of such Act, and section 552b(c) of title 5, United 
        States Code, shall apply to the Advisory Council.
            ``(2) Termination.--Section 14(a)(2)(B) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Council.

``SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION CENTER.

    ``(a) In General.--There is in the Authority a National Incident 
Management System Integration Center.
    ``(b) Responsibilities.--
            ``(1) In general.--The Administrator, through the National 
        Incident Management System Integration Center, and in 
        consultation with other Federal departments and agencies and 
        the National Advisory Council, shall ensure ongoing management 
        and maintenance of the National Incident Management System, the 
        National Response Plan, any other document or tool in support 
        of Homeland Security Presidential Directive 5, or any other 
        Homeland Security Presidential Directive relating to incident 
        management and response.
            ``(2) Specific responsibilities.--The National Incident 
        Management System Integration Center shall--
                    ``(A) periodically review, and revise, as 
                appropriate, the National Incident Management System 
                and the National Response Plan;
                    ``(B) review other matters relating to the National 
                Incident Management System and the National Response 
                Plan, as the Administrator may require;
                    ``(C) develop and implement a national program for 
                National Incident Management System and National 
                Response Plan education and awareness;
                    ``(D) oversee all aspects of the National Incident 
                Management System, including the development of 
                compliance criteria and implementation activities at 
                Federal, State, and local government levels;
                    ``(E) provide guidance and assistance to States and 
                local governments and emergency response providers, in 
                adopting the National Incident Management System; and
                    ``(F) perform such other duties relating to such 
                responsibilities as the Administrator may require.

``SEC. 510. NATIONAL OPERATIONS CENTER.

    ``(a) Definition.--In this section, the term `situational 
awareness' means information gathered from a variety of sources that, 
when communicated to emergency preparedness and response managers and 
decision makers, can form the basis for incident management 
decisionmaking.
    ``(b) Establishment.--There is established in the Department a 
National Operations Center.
    ``(c) Purpose.--The purposes of the National Operations Center are 
to--
            ``(1) coordinate the national response to any natural or 
        man-made disaster, as determined by the Secretary;
            ``(2) provide situational awareness and a common operating 
        picture for the entire Federal Government, and for State and 
        local governments as appropriate, for an event described in 
        paragraph (1);
            ``(3) collect and analyze information to help deter, 
        detect, and prevent terrorist acts;
            ``(4) disseminate terrorism and disaster-related 
        information to Federal, State, and local governments;
            ``(5) ensure that critical terrorism and disaster-related 
        information reaches government decision-makers; and
            ``(6) perform such other duties as the Secretary may 
        require.
    ``(d) Responsibilities.--The National Operations Center shall carry 
out the responsibilities of the Homeland Security Operations Center, 
the National Response Coordination Center, and the Interagency Incident 
Management Group, as constituted on the date of enactment of the United 
States Emergency Management Authority Act of 2006.

``SEC. 511. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Authority a Chief Medical 
Officer, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Chief Medical Officer shall 
report directly to the Administrator.
    ``(b) Qualifications.--The individual appointed as Chief Medical 
Officer shall possess a demonstrated ability in and knowledge of 
medicine and public health.
    ``(c) Responsibilities.--The Chief Medical Officer shall have the 
primary responsibility within the Department for medical issues related 
to natural and man-made disasters, including--
            ``(1) serving as the principal advisor to the Secretary and 
        the Administrator on medical and public health issues;
            ``(2) coordinating the biosurveillance and detection 
        activities of the Department;
            ``(3) ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support;
            ``(4) serving as the Department's primary point of contact 
        with the Department of Agriculture, the Department of Defense, 
        the Department of Health and Human Services, the Department of 
        Transportation, the Department of Veterans Affairs, and other 
        Federal departments or agencies, on medical and public health 
        issues;
            ``(5) serving as the Department's primary point of contact 
        for State and local government, the medical community, and 
        others within and outside the Department, with respect to 
        medical and public health matters;
            ``(6) discharging, in coordination with the Under Secretary 
        for Science and Technology, the responsibilities of the 
        Department related to Project Bioshield;
            ``(7) establishing doctrine and priorities for the National 
        Disaster Medical System, consistent with the National Response 
        Plan and the National Incident Management System, supervising 
        its medical components, and exercising predeployment 
        operational control, including--
                    ``(A) determining composition of the teams;
                    ``(B) overseeing credentialing of the teams; and
                    ``(C) training personnel of the teams;
            ``(8) establishing doctrine and priorities for the 
        Metropolitan Medical Response System, consistent with the 
        National Response Plan and the National Incident Management 
        System;
            ``(9) managing the Metropolitan Medical Response System, 
        including developing and overseeing standards, plans, training, 
        and exercises and coordinating with the Office of Grants and 
        Training on the use and distribution of Metropolitan Medical 
        Response grants;
            ``(10) assessing and monitoring long-term health issues of 
        emergency managers and emergency response providers;
            ``(11) developing and updating, in consultation with the 
        Secretary of Health and Human Services, guidelines for State 
        and local governments for medical response plans for chemical, 
        biological, radiological, nuclear, or explosive weapon attacks;
            ``(12) 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;
            ``(13) establishing and providing oversight for the 
        Department's occupational health and safety program, including 
        workforce health; and
            ``(14) performing such other duties relating to such 
        responsibilities as the Secretary or the Administrator may 
        require.
    ``(d) Long-Term Health Assessment Program.--The Chief Medical 
Officer, in consultation with the Director of the National Institute 
for Occupational Safety and Health, shall establish a program to 
assess, monitor, and study the health and safety of emergency managers 
and emergency response providers, following Incidents of National 
Significance declared by the Secretary under the National Response 
Plan.

``SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.

    ``The Administrator shall promote public and community 
preparedness.

``SEC. 513. SAVER PROGRAM.

    ``(a) In General.--In the Department there is a System Assessment 
and Validation for Emergency Responders Program to provide impartial 
evaluations of emergency response equipment and systems.
    ``(b) Requirements.--The program established under subsection (a) 
shall--
            ``(1) provide impartial, practitioner relevant, and 
        operationally oriented assessments and validations of emergency 
        response provider equipment and systems that have not already 
        been third-party certified to a standard adopted by the 
        Department, including--
                    ``(A) commercial, off-the-shelf emergency response 
                provider equipment and systems in all equipment list 
                categories of the Standardized Equipment List published 
                by the Interagency Board for Equipment Standardization 
                and Interoperability; and
                    ``(B) such other equipment or systems as the 
                Secretary determines are appropriate;
            ``(2) provide information that enables decision-makers and 
        emergency response providers to better select, procure, use, 
        and maintain emergency response provider equipment or systems;
            ``(3) assess and validate the performance of products 
        within a system and subsystems; and
            ``(4) provide information and feedback to emergency 
        response providers through the Responder Knowledge Base of the 
        National Memorial Institute for the Prevention of Terrorism, or 
        other appropriate forum.
    ``(c) Assessment and Validation Process.--The assessment and 
validation of emergency response provider equipment and systems shall 
use multiple evaluation techniques, including--
            ``(1) operational assessments of equipment performance on 
        vehicle platforms;
            ``(2) technical assessments on a comparative basis of 
        system component performance across makes and models under 
        controlled conditions; and
            ``(3) integrative assessments on an individual basis of 
        system component interoperability and compatibility with other 
        system components.
    ``(d) Personal Protective Equipment.--To the extent practical, the 
assessment and validation of personal protective equipment under this 
section shall be conducted by the National Personal Protective 
Technology Laboratory of the National Institute for Occupational Safety 
and Health.

``SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.

    ``(a) National Search and Rescue Response System.--There is 
established in the Authority an emergency response system known as the 
National Search and Rescue Response System that provides a national 
network of standardized search and rescue resources to assist State and 
local governments in responding to any natural or man-made disaster.
    ``(b) Administration of the System.--
            ``(1) Task force participation.--The Administrator shall 
        select eligible search and rescue teams that are sponsored by 
        State and local government entities to participate as task 
        forces in the National Search and Rescue Response System. The 
        Administrator shall determine the criteria for such 
        participation.
            ``(2) Agreements with sponsoring agencies.--The 
        Administrator shall enter into an agreement with the State or 
        local government entity that sponsors each search and rescue 
        team selected under paragraph (1) with respect the team's 
        participation as a task force in the National Search and Rescue 
        Response System.
            ``(3) Management and technical teams.--The Administrator 
        shall maintain such management and other technical teams as are 
        necessary to administer the National Search and Rescue Response 
        System.

``SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    ``(a) In General.--There is in the Authority a Metropolitan Medical 
Response System. Under the Metropolitan Medical Response System, the 
Assistant Secretary for Grants and Planning, in coordination with the 
Chief Medical Officer, shall administer grants to develop, maintain, 
and enhance medical preparedness systems that are capable of responding 
effectively to a public health crisis or mass-casualty event caused by 
a natural or man-made disaster.
    ``(b) Use of Funds.--The Metropolitan Medical Response System shall 
make grants to local governments to enhance any of the following 
activities:
            ``(1) Medical surge capacity.
            ``(2) Mass prophylaxis.
            ``(3) Chemical, biological, radiological, nuclear, and 
        explosive detection, response, and decontamination 
        capabilities.
            ``(4) Emergency communications capabilities.
            ``(5) Information sharing and collaboration capabilities.
            ``(6) Regional collaboration.
            ``(7) Triage and pre-hospital treatment.
            ``(8) Medical supply management and distribution.
            ``(9) Fatality management.
            ``(10) Such other activities as the Secretary may provide.

``SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT AUTHORIZATION.

    ``(a) In General.--The Secretary, acting through the Administrator, 
may make grants for the purposes of administering and improving the 
Emergency Management Assistance Compact consented to by the Joint 
Resolution entitled `Joint Resolution granting the consent of Congress 
to the Emergency Management Assistance Compact' (Public Law 104-321; 
110 Stat. 3877).
    ``(b) Uses.--A grant under this section shall be used to--
            ``(1) carry out recommendations identified in after-action 
        reports for the 2004 and 2005 hurricane season issued under the 
        Emergency Management Assistance Compact;
            ``(2) coordinate with the Department and other Federal 
        Government agencies;
            ``(3) coordinate with State and local government entities 
        and their respective national associations;
            ``(4) assist State and local governments with credentialing 
        emergency response providers and the typing of emergency 
        response resources; or
            ``(5) administer the operations of the Emergency Management 
        Assistance Compact.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of fiscal years 2007 through 2010. Amounts appropriated under this 
section shall remain available for 3 fiscal years after the date on 
which such funds are appropriated.

``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.

    ``(a) Establishment.--There is established in the Department an 
Office for the Prevention of Terrorism, which shall be headed by a 
Director.
    ``(b) Director.--
            ``(1) Reporting.--The Director of the Office for the 
        Prevention of Terrorism shall report directly to the Secretary.
            ``(2) Qualifications.--The Director of the Office for the 
        Prevention of Terrorism shall have an appropriate background 
        with experience in law enforcement, intelligence, or other 
        anti-terrorist functions.
    ``(c) Assignment of Personnel.--
            ``(1) In general.--The Secretary shall assign to the Office 
        for the Prevention of Terrorism permanent staff and other 
        appropriate personnel detailed from other components of the 
        Department to carry out the responsibilities under this 
        section.
            ``(2) Liaisons.--The Secretary shall designate senior 
        employees from each component of the Department that has 
        significant antiterrorism responsibilities to act a liaison 
        between that component and the Office for the Prevention of 
        Terrorism.
    ``(d) Responsibilities.--The Director of the Office for the 
Prevention of Terrorism shall--
            ``(1) coordinate policy and operations between the 
        Department and State and local government agencies relating to 
        preventing acts of terrorism within the United States;
            ``(2) serve as a liaison between State and local law 
        enforcement agencies and the Department;
            ``(3) in coordination with the Office of Intelligence, 
        develop better methods for the sharing of intelligence with 
        State and local law enforcement agencies;
            ``(4) coordinate with the Office of Grants and Training to 
        ensure that homeland security grants to State and local 
        government agencies are adequately focused on terrorism 
        prevention activities; and
            ``(5) coordinate with the Authority, the Department of 
        Justice, the National Institute of Justice, law enforcement 
        organizations, and other appropriate entities to develop 
        national voluntary consensus standards for training and 
        personal protective equipment to be used in a tactical 
        environment by law enforcement officers.
    ``(e) Pilot Project.--
            ``(1) In general.--The Director of the Office for the 
        Prevention of Terrorism, in coordination with the Director for 
        Response, shall establish a pilot project to determine the 
        efficacy and feasibility of establishing law enforcement 
        deployment teams.
            ``(2) Function.--The law enforcement deployment teams 
        participating in the pilot program under this subsection shall 
        form the basis of a national network of standardized law 
        enforcement resources to assist State and local governments in 
        responding to a natural or man-made disaster.
    ``(f) Construction.--Nothing in this section may be construed to 
effect the roles or responsibilities of the Department of Justice.

``SEC. 518. DEPARTMENT OFFICIALS.

    ``(a) Cybersecurity and Telecommunications.--There is in the 
Department an Assistant Secretary for Cybersecurity and 
Telecommunications.
    ``(b) United States Fire Administration.--The Administrator of the 
United States Fire Administration shall have a rank equivalent to an 
assistant secretary of the Department.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Executive Schedule.--
            (1) Administrator.--Section 5313 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Administrator of the United States Emergency Management 
        Authority.''.
            (2) Directors.--Section 5314 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Directors, United States Emergency Management 
        Authority.''.
            (3) FEMA officers.--
                    (A) Federal insurance administrator.--Section 5315 
                of title 5, United States Code, is amended by striking 
                ``Federal Insurance Administrator, Federal Emergency 
                Management Agency.''.
                    (B) Inspector general.--Section 5315 of title 5, 
                United States Code, is amended by striking ``Inspector 
                General, Federal Emergency Management Agency.''.
                    (C) Chief information officer.--Section 5315 of 
                title 5, United States Code, is amended by striking 
                ``Chief Information Officer, Federal Emergency 
                Management Agency.''.
    (b) Officers of the Department.--Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) An Administrator of the United States Emergency 
        Management Authority.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) through (10) (as 
        amended by this subsection) as paragraphs (2) through (9), 
        respectively.
    (c) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the items relating to title V and sections 501 through 509 and 
inserting the following:

             ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE

``Sec. 501. Definitions.
``Sec. 502. United States Emergency Management Authority.
``Sec. 503. Authorities and responsibilities.
``Sec. 504. Authority components.
``Sec. 505. Preserving the United States Emergency Management 
                            Authority.
``Sec. 506. Directors.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council on Emergency Preparedness and 
                            Response.
``Sec. 509. National Incident Management System Integration Center.
``Sec. 510. National Operations Center.
``Sec. 511. Chief Medical Officer.
``Sec. 512. Public and community preparedness.
``Sec. 513. SAVER Program.
``Sec. 514. National Search and Rescue Response System.
``Sec. 515. Metropolitan Medical Response System.
``Sec. 516. Emergency Management Assistance Compact authorization.
``Sec. 517. Office for the Prevention of Terrorism Coordination.
``Sec. 518. Department officials.
``Sec. 519. Nuclear incident response.
``Sec. 520. Conduct of certain public health-related activities.
``Sec. 521. Use of national private sector networks in emergency 
                            response.
``Sec. 522. Use of commercially available technology, goods, and 
                            services.
``Sec. 523. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 524. Urban and other high risk area communications 
                            capabilities.''.

SEC. 5. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
January 1, 2007.
                                 <all>