II 111th CONGRESS 1st Session S. 3476 IN THE SENATE OF THE UNITED STATES June 10, 2010 Mr. Casey (for himself and Mr. Specter) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Homeland Security to establish national emergency centers on military installations.

1.

Short title

This Act may be cited as the National Emergency Centers Establishment Act.

2.

Establishment of national emergency centers

(a)

In general

In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations. (b)

Purpose of national emergency centers

The purpose of a national emergency center shall be to use existing infrastructure— (1)to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; (2)to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders; and (3)to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations.

3.

Designation of military installations as national emergency centers

(a)

Designations

(1)

Initial designations

Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate 2 military installations as sites for the establishment of national emergency centers, of which— (A)1 shall be located in the area consisting of Federal Emergency Management Agency Regions I, II, III, IV and V; and (B)1 shall be located in the area consisting of Federal Emergency Management Agency Regions VI, VII, VIII, IX, and X. (2)

Additional designations

Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 4 military installations as sites for the establishment of national emergency centers in addition to the military installations designated under paragraph (1). (b)

Minimum requirements

A site designated as a national emergency center shall be— (1)capable of meeting for an extended period of time the housing, health, transportation, education, public works, humanitarian and other transition needs of a large number of individuals affected by an emergency or major disaster; (2)environmentally safe and shall not pose a health risk to individuals who may use the center; (3)capable of being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures; (4)capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during nondisaster periods; (5)capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs; (6)required to consist of a complete operations command center, including 2 state-of-the-art command and control centers that will comprise a 24/7 operations watch center as follows: (A)one of the command and control centers shall be in full ready mode; and (B)the other shall be used daily for training; and (7)easily accessible at all times and be able to facilitate handicapped and medical facilities, including during an emergency or major disaster. (c)

Location of national emergency centers

There shall be established not fewer than 1 national emergency center in each of the following areas: (1)The area consisting of Federal Emergency Management Agency Regions I, II, and III. (2)The area consisting of Federal Emergency Management Agency Region IV. (3)The area consisting of Federal Emergency Management Agency Regions V and VII. (4)The area consisting of Federal Emergency Management Agency Region VI. (5)The area consisting of Federal Emergency Management Agency Regions VIII and X. (6)The area consisting of Federal Emergency Management Agency Region IX. (d)

Preference for military installations designated as Regional Joint Readiness Centers and closed or materially affected military installations

(1)

In general

In making designations under subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall— (A)give preference to any military installation designated as a Regional Joint Readiness Center under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) that meets the requirements of subsections (b) and (c); and (B)after the application of subparagraph (A), give preference to any closed military installation or materially affected military installation that meets the requirements of subsections (b) and (c). (2)

Designation of portions of military installations

If the Secretary of Homeland Security and the Secretary of Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of military installations other than closed military installations as National Emergency Centers. (e)

Transfer of control of closed military installations

If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation. (f)

Cooperative agreement for joint use of existing military installations

If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center. (g)

Reports

(1)

Preliminary report

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A)an outline of the reasons why the site was selected; (B)an outline of the need to construct, repair, or update any existing infrastructure at the site; (C)an outline of the need to conduct any necessary environmental clean-up at the site; (D)an outline of preliminary plans for the transfer of control of the site from the Secretary of Defense to the Secretary of Homeland Security, if necessary under subsection (e); and (E)an outline of preliminary plans for entering into a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f). (2)

Update report

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A)an update on the information contained in the report as required by paragraph (1); (B)an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e); (C)an outline of the progress made toward entering a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (D)recommendations regarding any authorizations and appropriations that may be necessary to provide for the establishment of a national emergency center at the site. (3)

Final report

Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A)finalized information detailing the transfer of control of the site, if necessary under subsection (e); (B)the finalized cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (C)any additional information pertinent to the establishment of a national emergency center at the site. (4)

Additional reports

The Secretary of Homeland Security, acting jointly with the Secretary of Defense, may submit to Congress additional reports as necessary to provide updates on steps being taken to meet the requirements of this Act.

4.

Limitations on statutory construction

This Act does not affect— (1)the authority of the Federal Government to provide emergency or major disaster assistance or to implement any disaster mitigation and response program, including any program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or (2)the authority of a State or local government to respond to an emergency.

5.

Authorization of appropriations

There are authorized to be appropriated such sums as necessary to carry out this Act.

6.

Definitions

In this Act, the following definitions apply: (1)

Closed military installation

The term closed military installation means a military installation, or portion thereof, approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) that meet all, or 2 out of the 3 following requirements: (A)Is located in close proximity to a transportation corridor. (B)Is located in a State with a high level or threat of disaster related activities. (C)Is located near a major metropolitan center. (2)

Emergency

The term emergency has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (3)

Major disaster

The term major disaster has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (4)

Military installation

The term military installation has the meaning given such term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).