To amend the Homeland Security Act of 2002 to establish the United States Emergency Management Authority.
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Senate amendment submitted
July 11, 2006
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Senate amendment submitted
July 11, 2006
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
Senate amendment agreed to: Amendment SA 4560 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 192.
July 11, 2006
Senate amendment proposed (on the floor): Amendment SA 4560 proposed by Senator Collins.
July 11, 2006
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
Amendment SA 4560 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 192.
July 11, 2006
Votes
1 roll call on this amendment
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. ______