S.Amdt. 4560Senate109th Congress (2005-2007)

To amend the Homeland Security Act of 2002 to establish the United States Emergency Management Authority.

Submitted July 11, 2006

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July 11, 2006

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Senate amendment submitted

July 11, 2006

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Roll call votes on amendments in Senate: Amendment SA 4560 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 192.

July 11, 2006

Floor

Senate amendment agreed to: Amendment SA 4560 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 192.

July 11, 2006

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Senate amendment proposed (on the floor): Amendment SA 4560 proposed by Senator Collins.

July 11, 2006

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Amendment SA 4560 proposed by Senator Collins. (consideration: CR S7309-7316, S7318-7320, S7325-7326) To amend the Homeland Security Act of 2002 to establish the United States Emergency Management Authority.

July 11, 2006

Floor

Amendment SA 4560 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 192.

July 11, 2006

Text

Submitted

SA 4560. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Lott, Mr.
Carper, and Mr. Salazar) proposed an amendment to the bill H.R. 5441,
making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes; as
follows:

On page 127, between lines 2 and 3, insert the following:

TITLE VI--UNITED STATES EMERGENCY MANAGEMENT AUTHORITY

SEC. 601. SHORT TITLE.

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

SEC. 602. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.

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

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

(2) by striking sections 501 through 503;
(3) by striking sections 506 and 507;
(4) by redesignating sections 504, 505, 508, and 509 as
sections 521, 522, 523, and 524, respectively;
(5) by redesignating section 510 (relating to procurement
of security countermeasures for the strategic national
stockpile) as section 525;
(6) by redesignating section 510 (relating to urban and
other high risk area communications capabilities) as section
526; and
(7) by inserting before section 521, 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, the National Operations Center, and
other agencies and offices in the Department to take full
advantage of the substantial range of resources in the
Department that can be brought to bear in preparing for and
responding to a natural or man-made disaster;
``(7) carry out the provisions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.);
``(8) provide funding, training, exercises, technical
assistance, planning, and other assistance, to build local,
State, regional, and national capabilities, including
communications capabilities, necessary to respond to a
potential natural or man-made disaster;
``(9) implement an all-hazards-plus strategy for
preparedness that places priority on building those common
capabilities necessary to respond to both terrorist attacks
and natural disasters while also building the unique
capabilities necessary to respond to specific types of
incidents that pose the greatest risk to our Nation; and
``(10) promote, plan for, and facilitate the security and
resiliency of critical infrastructure and key resources,
including cyber infrastructure, against a natural or man-made
disaster, and the post-disaster restoration of such critical
infrastructure and key resources.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--The Administrator shall have not
less than 5 years of executive leadership and management
experience in the public or private sector, significant
experience in crisis management or another relevant field,
and a demonstrated ability to manage a substantial staff and
budget.
``(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
``(4) Principal advisor on emergency preparedness and
response.--
``(A) In general.--The Administrator is the principal
emergency preparedness and response advisor to the President,
the Homeland Security Council, and the Secretary.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice with respect to any
matter to the President, the Homeland Security Council, or
the Secretary, the Administrator shall, as the Administrator
considers appropriate, inform the President, the Homeland
Security Council, or the Secretary, as the case may be, of
the range of emergency mitigation, preparedness, response,
and recovery options with respect to that matter.
``(ii) Advice on request.--The Administrator, as an
emergency preparedness and response advisor, shall provide
advice to the President, the Homeland Security Council, or
the Secretary on a particular matter when the President, the
Homeland Security Council, or the Secretary requests such
advice.
``(iii) Recommendations to congress.--After informing the
Secretary, the Administrator may make such recommendations to
Congress relating to emergency preparedness and response as
the Administrator considers appropriate.
``(C) Retention of authority.--Nothing in this paragraph
shall be construed as affecting the authority of the
Secretary under this Act.

``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--

[[Page S7342]]

``(1) carrying out the mission to reduce the loss of life
and property and protect the Nation from all hazards by
leading and supporting the Nation in a comprehensive, risk-
based emergency preparedness and response program of--
``(A) mitigation, by taking sustained actions to reduce or
eliminate long-term risk to people and property from hazards
and their effects;
``(B) preparedness, by planning, training, and building the
emergency preparedness and response workforce to prepare
effectively for, mitigate against, respond to, and recover
from any hazard;
``(C) response, by conducting emergency operations to save
lives and property through positioning emergency equipment,
personnel, and supplies, through evacuating potential
victims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public
services;
``(D) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards; and
``(E) critical infrastructure protection, by establishing
an inventory of, and protections for, public and private
sector critical infrastructure, including cyber and
communications assets;
``(2) increasing efficiencies, by coordinating efforts
relating to mitigation, preparedness, response, recovery, and
infrastructure protection;
``(3) helping to ensure the effectiveness of emergency
response providers in responding to a natural or man-made
disaster;
``(4) providing the Federal Government's response to a
natural or man-made disaster, including--
``(A) managing such response;
``(B) directing the Domestic Emergency Support Team, the
National Disaster Medical System, and (when operating as an
organizational unit of the Department under this title) the
Nuclear Incident Response Team;
``(C) overseeing the Metropolitan Medical Response System;
and
``(D) coordinating other Federal response resources,
including requiring deployment of the Strategic National
Stockpile, in the event of a natural or man-made disaster;
``(5) working with Federal, State, and local government
personnel, agencies, and authorities to build a comprehensive
national incident management system to respond to a natural
or man-made disaster;
``(6) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department under this title)--
``(A) establishing standards and certifying when those
standards have been met;
``(B) conducting joint and other exercises and training and
evaluating performance; and
``(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
``(7) helping to ensure that emergency response providers
acquire interoperable and sustainable technology;
``(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
``(9) administering homeland security emergency management,
first responder, and other preparedness grants;
``(10) administering and implementing the National Response
Plan, including monitoring, evaluating, and ensuring the
readiness of each emergency support function under the
National Response Plan;
``(11) coordinating with the National Advisory Council;
``(12) ensuring the protection of critical infrastructure
by--
``(A) carrying out the responsibilities under paragraphs
(2) through (6) of section 201(d);
``(B) helping ensure the protection and resiliency of key
resources and critical infrastructure, including cyber
infrastructure, against a natural or man-made disaster; and
``(C) planning for, assisting with, and facilitating, the
restoration of key resources and critical infrastructure,
including cyber infrastructure, in the event of a natural or
man-made disaster;
``(13) establishing in each Regional Office a Regional
Advisory Council on Preparedness and Response, to advise the
Regional Administrator of that Regional Office on emergency
preparedness and response issues specific to the region; and
``(14) otherwise carrying out the mission of the Authority
as described in section 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 Catastrophic Incident Supplement 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) Except as provided in title III of the Department of
Homeland Security Appropriations Act, 2007, regarding the
transfer of the National Disaster Medical System, the Federal
Emergency Management Agency, as constituted on June 1, 2006,
including all of its functions, personnel, assets,
components, and liabilities, and including the functions of
the Under Secretary for Federal Emergency Management relating
thereto.
``(2) The Directorate of Preparedness, as constituted on
June 1, 2006, including all of its functions, personnel
assets, components, and liabilities, and including the
functions of the Under Secretary for Preparedness relating 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 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 addition to the Regional
Offices established under paragraph (1), the Administrator
may designate the Office for National Capital Region
Coordination under section 882 as a Regional Office.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall
be headed by a Regional Administrator for Preparedness and
Response, who shall be appointed by the Administrator. Each
Regional Administrator for Emergency Preparedness and
Response shall report directly to the Administrator.
``(2) Qualifications.--Each Regional Office shall be headed
by an individual in the Senior Executive Service qualified to
act as a senior Federal coordinating officer to provide
strategic oversight of incident management when needed.

[[Page S7343]]

``(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

[[Page S7344]]

Center, and the Interagency Incident Management Group, as
constituted on September 1, 2005.

``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.

``(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

[[Page S7345]]

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) work with the Assistant Secretary of the Office of
Grants and Training to ensure that homeland security grants
to State and local agencies, including the Law Enforcement
Terrorism Prevention Program, Commercial Equipment Direct
Assistance Program, grants for fusion centers, and other law
enforcement programs are adequately focused on terrorism
prevention activities; and
``(5) coordinate with the Authority, the Department of
Justice, the National Institute of Justice, law enforcement
organizations, and other appropriate entities to develop
national voluntary consensus standards for training and
personal protective equipment to be used in a tactical
environment by law enforcement officers.
``(e) Pilot Project.--
``(1) In general.--The Director of the Office for the
Prevention of Terrorism, in coordination with the Director
for Response, shall establish a pilot project to determine
the efficacy and feasibility of establishing law enforcement
deployment teams.
``(2) Function.--The law enforcement deployment teams
participating in the pilot program under this subsection
shall form the basis of a national network of standardized
law enforcement resources to assist State and local
governments in responding to a natural or man-made disaster.
``(f) Construction.--Nothing in this section may be
construed to affect the roles or responsibilities of the
Department of Justice.

``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. 519. CREDENTIALING.

``(a) Definitions.--In this section--
``(1) the term `credential' means to provide documentation
that can authenticate and verify the qualifications and
identity of managers of incidents, emergency response
providers, and other appropriate personnel including by
ensuring that such personnel possess a minimum common level
of training, experience, physical and medical fitness, and
capability appropriate for their position;
``(2) the term `credentialing' means evaluating an
individual's qualifications for a specific position under
guidelines created in this section and assigning such
individual a qualification under the standards developed in
this section; and
``(3) the term `credentialed' means an individual has been
evaluated for a specific position under the guidelines
created under this section.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a
memorandum of understanding to collaborate with the Emergency
Management Assistance Compact and other organizations to
establish, in consultation with the Authority, nationwide
standards for credentialing all personnel who are likely to
respond to an emergency or major disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) include the minimum professional qualifications,
certifications, training, and education requirements for
specific emergency response functional positions that are
applicable to Federal, State and local government;
``(B) be compatible with the National Incident Management
System; and
``(C) be consistent with standards for advance registration
for health professions volunteers under section 319I of the
Public Health Services Act (42 U.S.C. 247d-7b).
``(3) Timeframe.--The standards developed under paragraph
(1) shall be completed not later than 6 months after the date
of enactment of the United States Emergency Management
Authority Act of 2006.
``(c) Credentialing of Department Personnel.--Not later
than 1 year after the date of enactment of this Act, the
Secretary and the Administrator shall ensure that all
personnel of the Department (including temporary personnel)
who are likely to respond to an emergency or major disaster
are credentialed.
``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months
after the date of enactment of this Act, the Administrator of
the Authority shall provide the standards developed under
subsection (b) to all Federal agencies that have
responsibilities under the National Response Plan.
``(2) Credentialing of agencies.--Not later than 180 days
after the date on which the standards are provided under
paragraph (1), each agency described in paragraph (1) shall--
``(A) ensure that all employees or volunteers of that
agency who are likely to respond to an emergency or major
disaster are credentialed; and
``(B) submit to the Secretary the name of each credentialed
employee or volunteer of such agency.
``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the credentialing
process of that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Authority
shall establish and maintain a documentation and database
system of Federal emergency response providers and all other
Federal personnel credentialed to respond to an emergency or
major disaster.
``(2) Accessibility.--The documentation and database system
established under paragraph (1) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to an emergency or major
disaster.
``(3) Considerations.--The Administrator shall consider
whether the credentialing system can be used to regulate
access to areas affected by a major disaster.
``(f) Guidance to State and Local Governments.--Not later
than 6 months after the date of enactment of this Act, the
Administrator shall--
``(1) in collaboration with the Emergency Management
Assistance Compact provide detailed written guidance,
assistance, and expertise to State and local governments to
facilitate the credentialing of State and local emergency
response providers and typing of assets commonly or likely to
be used in responding to an emergency or major disaster; and
``(2) in coordination with the Emergency Management
Assistance Compact and appropriate national professional
organizations, assist State and local governments with
credentialing the personnel and typing the resources of the
State or local government under the guidance provided under
paragraph (1).
``(g) Report.--Not later than 6 months after the date of
enactment of this Act and annually thereafter, the Director
of the Authority shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report describing the implementation of
this section, including the number and level of qualification
of Federal personnel trained and ready to respond to an
emergency or major disaster.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.

``SEC. 520. TYPING OF RESOURCES AND ASSETS.

``(a) Definitions.--In this section--
``(1) the term `typed' means an asset or resource has been
evaluated for a specific function under the guidelines
created under this section; and
``(2) the term `typing' means to define in detail the
minimum capabilities of an asset or resource.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a
memorandum of understanding to collaborate with the Emergency
Management Assistance Compact and other organizations to
establish, in consultation with the Authority, nationwide
standards for typing of resources and assets commonly or
likely to be used in responding to an emergency or major
disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) be applicable to Federal, State and local government;
and
``(B) be compatible with the National Incident Management
System.
``(c) Typing of Department Resources.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall ensure that all resources and assets of the Department
that are likely to be used to respond to an emergency or
major disaster are typed.

[[Page S7346]]

``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months
after the date of enactment of this Act, the Administrator of
the Authority shall provide the standards developed under
subsection (b) to all Federal agencies that have
responsibilities under the National Response Plan.
``(2) Typing of agencies, assets, and resources.--Not later
than 180 days after the date on which the standards are
provided under paragraph (1), each agency described in
paragraph (1) shall--
``(A) ensure that all resources and assets (including
teams, equipment, and other assets) of that agency that are
likely to be used to respond to an emergency or major
disaster are typed; and
``(B) submit to the Secretary a list of all typed resources
and assets
``(3) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an agency
described in paragraph (1) to facilitate the typing process
of that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish and
maintain a documentation and database system of Federal
resources and assets likely to be used to respond to an
emergency or major disaster.
``(2) Accessibility.--The documentation and database system
established under paragraph (1) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to an emergency or major
disaster.
``(f) Guidance to State and Local Governments.--Not later
than 6 months after the date of enactment of this Act, the
Administrator of the Authority, in collaboration with the
Emergency Management Assistance Compact, shall--
``(1) provide detailed written guidance, assistance, and
expertise to State and local governments to facilitate the
typing of the resources and assets of State and local
governments likely to be used in responding to an emergency
or major disaster; and
``(2) assist State and local governments with typing the
resources and assets of the State or local governments under
the guidance provided under paragraph (1).
``(g) Grants.--The Secretary may make grants to the party
states of the Emergency Management Assistance Compact to
develop and maintain a database of typed resources and assets
of State and local governments.
``(h) Report.--Not later than 6 months after the date of
enactment of this Act and annually thereafter, the
Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report describing the implementation of
this section, including the number and type of Federal
resources and assets ready to respond to an emergency or
major disaster.''.

SEC. 603. CONFORMING AMENDMENTS.

(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the United States Emergency Management
Authority.''.
(2) Directors.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Directors, United States Emergency Management
Authority.''.
(3) FEMA officers.--
(A) Federal insurance administrator.--Section 5315 of title
5, United States Code, is amended by striking ``Federal
Insurance Administrator, Federal Emergency Management
Agency.'' and inserting ``Federal Insurance Administrator,
United States Emergency Management Agency.''.
(B) Inspector general.--Section 5315 of title 5, United
States Code, is amended by striking ``Inspector General,
Federal Emergency Management Agency.'' and inserting
``Inspector General, United States Emergency Management
Agency.''.
(C) Chief information officer.--Section 5315 of title 5,
United States Code, is amended by striking ``Chief
Information Officer, Federal Emergency Management Agency.''
and inserting ``Chief Information Officer, United States
Emergency Management Agency.''.
(b) Officers of the Department.--Section 103(a) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the United States Emergency
Management Authority.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as
amended by this subsection) as paragraphs (2) through (9),
respectively.
(c) References.--Any reference to the Federal Emergency
Management Agency, or the Director thereof, in any law, rule,
regulation, certificate, directive, instruction, or other
official paper in force on the effective date of this title
shall be considered to refer and apply to the United States
Emergency Management Authority and the Administrator thereof,
respectively.
(d) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the items relating to title V
and sections 501 through 509 and inserting the following:

``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE

``Sec. 501. Definitions.
``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.
``Sec. 517. Office for the Prevention of Terrorism.
``Sec. 518. Department officials.
``Sec. 519. Credentialing.
``Sec. 520. Typing of resources and assets.
``Sec. 521. Nuclear incident response.
``Sec. 522. Conduct of certain public health-related activities.
``Sec. 523. Use of national private sector networks in emergency
response.
``Sec. 524. Use of commercially available technology, goods, and
services.
``Sec. 525. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 526. Urban and other high risk area communications
capabilities.''.

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 605. EFFECTIVE DATE.

This title, and the amendments made by this title, shall
take effect on January 1, 2007.

______