II 

109TH CONGRESS 

2D SESSION S. 3595 

To amend the Homeland Security Act of 2002 to establish the United States 

Emergency Management Authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2006 

Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 to establish 

the United States Emergency Management Authority, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Emer5 gency Management Authority Act of 2006’’. 

6 SEC. 2. UNITED STATES EMERGENCY MANAGEMENT AU7 THORITY. 

8 Title V of the Homeland Security Act of 2002 (6 

9 U.S.C. 311 et seq.) is amended by— 


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1 (1) striking the title heading and inserting the 

2 following: 

3 ‘‘TITLE V—NATIONAL PRE4 PAREDNESS AND RESPONSE’’; 

5 (2) striking sections 501 through 503; 

6 (3) striking sections 506 and 507; 

7 (4) redesignating sections 504, 505, 508, and 

8 509 as sections 519, 520, 521, and 522, respec9 tively; 

10 (5) redesignating section 510 (relating to pro11 curement of security countermeasures for the stra12 tegic national stockpile) as section 523; 

13 (6) redesignating section 510 (relating to urban 

14 and other high risk area communications capabili15 ties) as section 524; and 

16 (7) inserting before section 519, as so redesig17 nated by this section, the following: 

18 ‘‘SEC. 501. DEFINITIONS. 

19 ‘‘In this title— 

20 ‘‘(1) the term ‘all-hazards-plus’ means an ap21 proach to preparedness, response, recovery, and 

22 mitigation that emphasizes the development of capa23 bilities that are common to natural and man-made 

24 disasters, while also including the development of caVerDate Aug 31 2005 04:41 Jun 29, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3595.IS S3595

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1 pabilities that are uniquely relevant to specific types 

2 of disasters; 

3 ‘‘(2) the term ‘Authority’ means the United 

4 States Emergency Management Authority estab5 lished under section 502; 

6 ‘‘(3) the term ‘Administrator’ means the Ad7 ministrator of the Authority; 

8 ‘‘(4) the term ‘Federal coordinating officer’ 

9 means a Federal coordinating officer as described in 

10 section 302 of the Robert T. Stafford Disaster Relief 

11 and Emergency Assistance Act (42 U.S.C. 5143); 

12 ‘‘(5) the term ‘National Advisory Council’ 

13 means the National Advisory Council on Emergency 

14 Preparedness and Response established under sec15 tion 508; 

16 ‘‘(6) the term ‘National Incident Management 

17 System’ means the National Incident Management 

18 System as described in the National Response Plan; 

19 ‘‘(7) the term ‘National Response Plan’ means 

20 the National Response Plan prepared under Home21 land Security Presidential Directive 5 or any presi22 dential directive meant to replace or augment that 

23 directive; 

24 ‘‘(8) the term ‘Nuclear Incident Response 

25 Team’ means a resource that includes— 


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1 ‘‘(A) those entities of the Department of 

2 Energy that perform nuclear or radiological 

3 emergency support functions (including accident 

4 response, search response, advisory, and tech5 nical operations functions), radiation exposure 

6 functions at the medical assistance facility 

7 known as the Radiation Emergency Assistance 

8 Center/Training Site (REAC/TS), radiological 

9 assistance functions, and related functions; and 

10 ‘‘(B) those entities of the Environmental 

11 Protection Agency that perform such support 

12 functions (including radiological emergency re13 sponse functions) and related functions; 

14 ‘‘(9) the term ‘Regional Advisory Council’ 

15 means a Regional Advisory Council on Preparedness 

16 and Response established under section 503; 

17 ‘‘(10) the term ‘Regional Administrator’ means 

18 a Regional Administrator for Preparedness and Re19 sponse appointed under section 507; 

20 ‘‘(11) the term ‘Regional Office’ means a Re21 gional Office established under section 507; and 

22 ‘‘(12) the term ‘surge capacity’ means the abil23 ity to rapidly and substantially increase the provi24 sion of search and rescue capabilities, food, water, 

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1 ation capacity, staffing, including disaster assistance 

2 employees, and other resources necessary to save 

3 lives and protect property during a catastrophic inci4 dent, or other natural or man-made disaster. 

5 ‘‘SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AU6 THORITY. 

7 ‘‘(a) IN GENERAL.—There is established in the De8 partment the United States Emergency Management Au9 thority, headed by an Administrator. 

10 ‘‘(b) MISSION.—The mission of the Authority is to— 

11 ‘‘(1) lead the Nation’s efforts to prepare for, re12 spond to, recover from, and mitigate the risks of 

13 natural and man-made disasters, including cata14 strophic incidents; 

15 ‘‘(2) partner with State and local governments 

16 and emergency response providers, with other Fed17 eral agencies, with the private sector, and with non18 governmental organizations to build a national sys19 tem of emergency management that can effectively 

20 and efficiently utilize the full measure of the Na21 tion’s resources to respond to a catastrophic incident 

22 or other natural or man-made disaster; 

23 ‘‘(3) develop a Federal response capability that, 

24 when necessary and appropriate, can act effectively, 

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1 tial to saving lives or protecting or preserving prop2 erty or public health and safety in a natural or man3 made disaster; 

4 ‘‘(4) fuse the Department’s emergency re5 sponse, preparedness, recovery, mitigation, and crit6 ical infrastructure assets into a new, integrated or7 ganization that can effectively confront the chal8 lenges of a natural or man-made disaster; 

9 ‘‘(5) develop and maintain robust Regional Of10 fices that will work with State and local governments 

11 and emergency response providers to identify and 

12 address regional priorities; 

13 ‘‘(6) under the leadership of the Secretary, co14 ordinate with the Commandant of the Coast Guard, 

15 the Director of Customs and Border Protection, the 

16 Director of Immigration and Customs Enforcement, 

17 and the National Operations Center, and other agen18 cies and offices in the Department to take full ad19 vantage of the substantial range of resources in the 

20 Department that can be brought to bear in pre21 paring for and responding to a natural or man-made 

22 disaster; 

23 ‘‘(7) carry out the provisions of the Robert T. 

24 Stafford Disaster Relief and Emergency Assistance 

25 Act (42 U.S.C. 5121 et seq.); 


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1 ‘‘(8) provide funding, training, exercises, tech2 nical assistance, planning, and other assistance, to 

3 build local, State, regional, and national capabilities, 

4 including communications capabilities, necessary to 

5 respond to a potential natural or man-made disaster; 

6 ‘‘(9) implement an all-hazards-plus strategy for 

7 preparedness that places priority on building those 

8 common capabilities necessary to respond to both 

9 terrorist attacks and natural disasters while also 

10 building the unique capabilities necessary to respond 

11 to specific types of incidents that pose the greatest 

12 risk to our Nation; and 

13 ‘‘(10) promote, plan for, and facilitate the secu14 rity of critical infrastructure and key resources, in15 cluding cyber infrastructure, against a natural or 

16 man-made disaster, and the post-disaster restoration 

17 of such critical infrastructure and key resources. 

18 ‘‘(c) ADMINISTRATOR.— 

19 ‘‘(1) IN GENERAL.—The Administrator shall be 

20 appointed by the President, by and with the advice 

21 and consent of the Senate. 

22 ‘‘(2) QUALIFICATIONS.—The Administrator 

23 shall have not less than 5 years of executive leader24 ship and management experience in the public or 


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1 private sector and a demonstrated ability to manage 

2 a substantial staff and budget. 

3 ‘‘(3) REPORTING.—The Administrator shall re4 port to the Secretary, without being required to re5 port through any other official of the Department. 

6 ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE7 PAREDNESS AND RESPONSE.— 

8 ‘‘(A) IN GENERAL.—The Administrator is 

9 the principal emergency preparedness and re10 sponse advisor to the President, the Homeland 

11 Security Council, and the Secretary. 

12 ‘‘(B) ADVICE AND RECOMMENDATIONS.— 

13 ‘‘(i) IN GENERAL.—In presenting ad14 vice with respect to any matter to the 

15 President, the Homeland Security Council, 

16 or the Secretary, the Administrator shall, 

17 as the Administrator considers appro18 priate, inform the President, the Homeland 

19 Security Council, or the Secretary, as the 

20 case may be, of the range of emergency 

21 mitigation, preparedness, response, and re22 covery options with respect to that matter. 

23 ‘‘(ii) ADVICE ON REQUEST.—The Ad24 ministrator, as an emergency preparedness 

25 and response advisor, shall provide advice 


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1 to the President, the Homeland Security 

2 Council, or the Secretary on a particular 

3 matter when the President, the Homeland 

4 Security Council, or the Secretary requests 

5 such advice. 

6 ‘‘(iii) RECOMMENDATIONS TO CON7 GRESS.—After informing the Secretary, 

8 the Administrator may make such rec9 ommendations to Congress relating to 

10 emergency preparedness and response as 

11 the Administrator considers appropriate. 

12 ‘‘(C) RETENTION OF AUTHORITY.—Noth13 ing in this paragraph shall be construed as af14 fecting the authority of the Secretary under this 

15 Act. 

16 ‘‘SEC. 503. AUTHORITIES AND RESPONSIBILITIES. 

17 ‘‘(a) IN GENERAL.—The Administrator shall provide 

18 Federal leadership necessary to prepare for and respond 

19 to a natural or man-made disaster, including— 

20 ‘‘(1) carrying out the mission to reduce the loss 

21 of life and property and protect the Nation from all 

22 hazards by leading and supporting the Nation in a 

23 comprehensive, risk-based emergency preparedness 

24 and response program of— 


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1 ‘‘(A) mitigation, by taking sustained ac2 tions to reduce or eliminate long-term risk to 

3 people and property from hazards and their ef4 fects; 

5 ‘‘(B) preparedness, by planning, training, 

6 and building the emergency preparedness and 

7 response workforce to prepare effectively for, 

8 mitigate against, respond to, and recover from 

9 any hazard; 

10 ‘‘(C) response, by conducting emergency 

11 operations to save lives and property through 

12 positioning emergency equipment, personnel, 

13 and supplies, through evacuating potential vic14 tims, through providing food, water, shelter, 

15 and medical care to those in need, and through 

16 restoring critical public services; 

17 ‘‘(D) recovery, by rebuilding communities 

18 so individuals, businesses, and governments can 

19 function on their own, return to normal life, 

20 and protect against future hazards; and 

21 ‘‘(E) critical infrastructure protection, by 

22 establishing an inventory of, and protections 

23 for, public and private sector critical infrastruc24 ture, including cyber and communications as25 sets; 


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1 ‘‘(2) increasing efficiencies, by coordinating ef2 forts relating to mitigation, preparedness, response, 

3 recovery, and infrastructure protection; 

4 ‘‘(3) helping to ensure the effectiveness of emer5 gency response providers in responding to a natural 

6 or man-made disaster; 

7 ‘‘(4) providing the Federal Government’s re8 sponse to a natural or man-made disaster, includ9 ing— 

10 ‘‘(A) managing such response; 

11 ‘‘(B) directing the Domestic Emergency 

12 Support Team, the National Disaster Medical 

13 System, and (when operating as an organiza14 tional unit of the Department under this title) 

15 the Nuclear Incident Response Team; 

16 ‘‘(C) overseeing the Metropolitan Medical 

17 Response System; and 

18 ‘‘(D) coordinating other Federal response 

19 resources, including requiring deployment of the 

20 Strategic National Stockpile, in the event of a 

21 natural or man-made disaster; 

22 ‘‘(5) working with Federal, State, and local gov23 ernment personnel, agencies, and authorities to build 

24 a comprehensive national incident management sys25 tem to respond to a natural or man-made disaster; 


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1 ‘‘(6) with respect to the Nuclear Incident Re2 sponse Team (regardless of whether it is operating 

3 as an organizational unit of the Department under 

4 this title)— 

5 ‘‘(A) establishing standards and certifying 

6 when those standards have been met; 

7 ‘‘(B) conducting joint and other exercises 

8 and training and evaluating performance; and 

9 ‘‘(C) providing funds to the Department of 

10 Energy and the Environmental Protection 

11 Agency, as appropriate, for homeland security 

12 planning, exercises and training, and equip13 ment; 

14 ‘‘(7) helping to ensure that emergency response 

15 providers acquire interoperable and sustainable tech16 nology; 

17 ‘‘(8) assisting the President in carrying out the 

18 functions under the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5121 

20 et seq.); 

21 ‘‘(9) administering homeland security emer22 gency management, first responder, and other pre23 paredness grants; 


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1 ‘‘(10) monitoring, evaluating, and ensuring the 

2 readiness of each emergency support function under 

3 the National Response Plan; 

4 ‘‘(11) coordinating with the National Advisory 

5 Council; 

6 ‘‘(12) ensuring the protection of critical infra7 structure by— 

8 ‘‘(A) carrying out the responsibilities under 

9 paragraphs (2) through (6) of section 201(d); 

10 ‘‘(B) helping ensure the protection and re11 siliency of key resources and critical infrastruc12 ture, including cyber infrastructure, against a 

13 natural or man-made disaster; and 

14 ‘‘(C) planning for, assisting with, and fa15 cilitating, the restoration of key resources and 

16 critical infrastructure, including cyber infra17 structure, in the event of a natural or man18 made disaster; 

19 ‘‘(13) establishing in each Regional Office a Re20 gional Advisory Council on Preparedness and Re21 sponse, to advise the Regional Administrator of that 

22 Regional Office on emergency preparedness and re23 sponse issues specific to the region; and 

24 ‘‘(14) otherwise carrying out the mission of the 

25 Authority as described in section 502(b). 


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1 ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED TO

2 CATASTROPHIC INCIDENTS.— 

3 ‘‘(1) IN GENERAL.—The Administrator, in con4 sultation with the Secretary and other senior De5 partment officials, shall develop a national emer6 gency management system that is capable of re7 sponding to catastrophic incidents. 

8 ‘‘(2) IDENTIFICATION OF RESOURCES.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 shall develop and submit to Congress annually 

11 an estimate of the resources of the Authority 

12 and other Federal agencies needed for and de13 voted specifically to developing local, State, and 

14 national capabilities necessary to respond to a 

15 catastrophic incident. 

16 ‘‘(B) CONTENTS.—Each estimate under 

17 subparagraph (A) shall include the resources 

18 both necessary for and devoted to— 

19 ‘‘(i) planning; 

20 ‘‘(ii) training and exercises; 

21 ‘‘(iii) Regional Office enhancements; 

22 ‘‘(iv) staffing, including for surge ca23 pacity during a catastrophic event; 

24 ‘‘(v) additional logistics capabilities; 


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1 ‘‘(vi) other responsibilities under the 

2 Catastrophic Incident Annex of the Na3 tional Response Plan; and 

4 ‘‘(vii) State and local catastrophic pre5 paredness. 

6 ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In carrying 

7 out this section, the Administrator shall implement an all8 hazards-plus strategy that places priority on building 

9 those common capabilities necessary to prepare for, re10 spond to, recover from, and mitigate the risks of terrorist 

11 attacks and natural disasters, while also building the 

12 unique capabilities necessary to prepare for, respond to, 

13 recover from, and mitigate the risks of specific types of 

14 incidents that pose the greatest risk to the Nation. 

15 ‘‘SEC. 504. AUTHORITY COMPONENTS. 

16 ‘‘There are transferred to the Authority the following: 

17 ‘‘(1) The Federal Emergency Management 

18 Agency, including the functions of the Under Sec19 retary for Federal Emergency Management relating 

20 thereto. 

21 ‘‘(2) The Directorate of Preparedness, as con22 stituted on June 1, 2006, including the functions of 

23 the Under Secretary for Emergency Preparedness 

24 relating to the Directorate, as constituted on that 

25 date. 


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1 ‘‘SEC. 505. PRESERVING THE UNITED STATES EMERGENCY 

2 MANAGEMENT AUTHORITY. 

3 ‘‘(a) DISTINCT ENTITY.—The Authority shall be 

4 maintained as a distinct entity within the Department. 

5 ‘‘(b) REORGANIZATION.—Section 872 shall not apply 

6 to the Authority, including any function or organizational 

7 unit of the Authority. 

8 ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may not 

10 substantially or significantly reduce the authorities, 

11 responsibilities, or functions of the Authority or the 

12 capability of the Authority to perform those respon13 sibilities, except as otherwise specifically provided in 

14 an Act enacted after the date of enactment of the 

15 United States Emergency Management Authority 

16 Act of 2006. 

17 ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No 

18 asset, function or mission of the Authority may be 

19 diverted to the principal and continuing use of any 

20 other organization, unit, or entity of the Depart21 ment, except for details or assignments that do not 

22 reduce the capability of the Authority to perform its 

23 missions. 

24 ‘‘SEC. 506. DIRECTORS. 

25 ‘‘(a) IN GENERAL.—There shall be in the Authority 

26 a Director for Preparedness and a Director for Response 


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1 and Recovery, each of whom shall be appointed by the 

2 President, by and with the advice and consent of the Sen3 ate, and shall report to the Administrator. 

4 ‘‘(b) QUALIFICATIONS.— 

5 ‘‘(1) IN GENERAL.—A Director shall have— 

6 ‘‘(A) not less than 5 years of— 

7 ‘‘(i) executive leadership and manage8 ment experience in the public or private 

9 sector; and 

10 ‘‘(ii) significant experience in crisis 

11 management or another relevant field; and 

12 ‘‘(B) a demonstrated ability to manage a 

13 substantial staff and budget. 

14 ‘‘(2) CONCURRENT EXPERIENCE.—Service dur15 ing any period of time may be used in meeting the 

16 requirements under both clause (i) and (ii) of para17 graph (1)(A). 

18 ‘‘(c) INITIAL DIRECTORS.—The individual serving as 

19 the Under Secretary for Emergency Preparedness and the 

20 individual serving as the Under Secretary for the Federal 

21 Emergency Management Agency on the effective date of 

22 the United States Emergency Management Authority Act 

23 of 2006 may serve as the Director for Preparedness and 

24 the Director of Response and Recovery, respectively, until 

25 a Director for Preparedness or a Director of Response and 


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1 Recovery, as the case may be, is appointed under sub2 section (a). 

3 ‘‘SEC. 507. REGIONAL OFFICES. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) REGIONAL OFFICES.—The Administrator 

6 shall establish 10 Regional Offices of the Authority. 

7 ‘‘(2) ADDITIONAL OFFICE.—In additon to the 

8 Regional Offices established under paragraph (1), 

9 the Administrator may designate the Office for Na10 tional Capital Region Coordination under section 

11 882 as a Regional Office. 

12 ‘‘(b) MANAGEMENT OF REGIONAL OFFICES.— 

13 ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re14 gional Office shall be headed by a Regional Adminis15 trator for Preparedness and Response, who shall be 

16 appointed by the Secretary. Each Regional Adminis17 trator for Emergency Preparedness and Response 

18 shall report directly to the Administrator. 

19 ‘‘(2) QUALIFICATIONS.—Each Regional Office 

20 shall be headed by an individual in the Senior Exec21 utive Service qualified to act as a senior Federal co22 ordinating officer to provide strategic oversight of 

23 incident management when needed. 

24 ‘‘(c) RESPONSIBILITIES.— 


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1 ‘‘(1) IN GENERAL.—The Regional Adminis2 trator shall work in partnership with State and local 

3 governments, emergency managers, emergency re4 sponse providers, medical providers, the private sec5 tor, nongovernmental organizations, multijuris6 dictional councils of governments, and regional plan7 ning commissions and organizations in the geo8 graphical area served by the Regional Office to carry 

9 out the responsibilities of a Regional Administrator 

10 under this section. 

11 ‘‘(2) RESPONSIBILITIES.—The responsibilities 

12 of a Regional Administrator include— 

13 ‘‘(A) ensuring effective, coordinated, and 

14 integrated regional preparedness, mitigation, re15 sponse, and recovery activities and programs 

16 for natural and man-made disasters (including 

17 planning, training, exercises, and professional 

18 development); 

19 ‘‘(B) coordinating and integrating regional 

20 preparedness, mitigation, response, and recov21 ery activities and programs for natural and 

22 man-made disasters (including planning, train23 ing, exercises, and professional development), 

24 which shall include— 


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1 ‘‘(i) providing regional and interstate 

2 planning assistance; 

3 ‘‘(ii) organizing, in consultation with 

4 the Administrator, regional training and 

5 exercise programs; 

6 ‘‘(iii) providing support and coordina7 tion officers for State and local govern8 ment training and exercises; 

9 ‘‘(iv) participating in emergency pre10 paredness and planning activities by State, 

11 regional, and local governments; 

12 ‘‘(v) assisting in the development of 

13 regional capabilities needed for a national 

14 catastrophic response system; and 

15 ‘‘(vi) helping to coordinate and de16 velop interstate agreements; 

17 ‘‘(C) establishing and overseeing 1 or more 

18 strike teams within the region under subsection 

19 (e), which shall serve as the focal point of the 

20 Federal Government’s initial response efforts 

21 for a natural or man-made disaster within that 

22 region, and otherwise building Federal response 

23 capabilities to respond to a natural or man24 made disaster within that region; 


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1 ‘‘(D) working with the private sector to as2 sess weaknesses in critical infrastructure pro3 tection in the region and to design and imple4 ment programs to address those weaknesses; 

5 ‘‘(E) coordinating all activities conducted 

6 under this section with other Federal depart7 ments and agencies; and 

8 ‘‘(F) performing such other duties relating 

9 to such responsibilities as the Administrator 

10 may require. 

11 ‘‘(d) AREA OFFICES.—The Administrator shall estab12 lish an Area Office for the Pacific and an Area Office for 

13 the Caribbean, as components in the appropriate Regional 

14 Offices. 

15 ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.— 

16 ‘‘(1) ESTABLISHMENT.—In coordination with 

17 other relevant Federal agencies, each Regional Ad18 ministrator shall establish multi-agency strike teams 

19 that shall consist of— 

20 ‘‘(A) a designated Federal coordinating of21 ficer; 

22 ‘‘(B) personnel trained in incident manage23 ment; 

24 ‘‘(C) public affairs, response and recovery, 

25 and communications support personnel; 


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1 ‘‘(D) a defense coordinating officer; 

2 ‘‘(E) liaisons to other Federal agencies; 

3 ‘‘(F) such other personnel as the Adminis4 trator or Regional Administrator determines 

5 appropriate; and 

6 ‘‘(G) individuals from the agencies with 

7 primary responsibility for each of the emer8 gency support functions in the National Re9 sponse Plan, including the following: 

10 ‘‘(i) Transportation. 

11 ‘‘(ii) Communications. 

12 ‘‘(iii) Public works and engineering. 

13 ‘‘(iv) Emergency management. 

14 ‘‘(v) Mass care. 

15 ‘‘(vi) Housing and human services. 

16 ‘‘(vii) Public health and medical serv17 ices. 

18 ‘‘(viii) Urban search and rescue. 

19 ‘‘(ix) Public safety and security. 

20 ‘‘(x) External affairs. 

21 ‘‘(2) LOCATION OF MEMBERS.—The members 

22 of each Regional Office strike team, including rep23 resentatives from agencies other than the Depart24 ment, shall be based primarily at the Regional Office 

25 that corresponds to that strike team. 


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1 ‘‘(3) COORDINATION.—Each Regional Office 

2 strike team shall coordinate the training and exer3 cises of that strike team with the State and local 

4 governments and private sector and nongovern5 mental entities which the strike team shall support 

6 when a natural or man-made disaster occurs. 

7 ‘‘(4) PREPAREDNESS.—Each Regional Office 

8 strike team shall be trained, equipped, and staffed to 

9 be well prepared to respond to natural and man10 made disasters, including catastrophic incidents. 

11 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as necessary to carry out this subsection. 

14 ‘‘SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY 

15 PREPAREDNESS AND RESPONSE. 

16 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

17 the date of enactment of the United States Emergency 

18 Management Authority Act of 2006, the Secretary shall 

19 establish an advisory body under section 871(a), to be 

20 known as the National Advisory Council on Emergency 

21 Preparedness and Response. 

22 ‘‘(b) RESPONSIBILITIES.—The National Advisory 

23 Council shall advise the Administrator on all aspects of 

24 emergency preparedness and response. 

25 ‘‘(c) MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The members of the Na2 tional Advisory Council shall be appointed by the 

3 Administrator, and shall, to the extent practicable, 

4 represent a geographic (including urban and rural) 

5 and substantive cross section of State and local gov6 ernment officials and emergency managers, and 

7 emergency response providers, from State and local 

8 governments, the private sector, and nongovern9 mental organizations, including as appropriate— 

10 ‘‘(A) members selected from the emergency 

11 preparedness and response fields, including fire 

12 service, law enforcement, hazardous materials 

13 response, emergency medical services, and 

14 emergency preparedness and response per15 sonnel; 

16 ‘‘(B) health scientists, emergency and in17 patient medical providers, and public health 

18 professionals; 

19 ‘‘(C) experts representing standards set20 ting organizations; 

21 ‘‘(D) State and local government officials 

22 with expertise in terrorism preparedness and 

23 emergency preparedness and response; 

24 ‘‘(E) elected State and local government 

25 executives; 


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1 ‘‘(F) experts in public and private sector 

2 infrastructure protection, cybersecurity, and 

3 communications; 

4 ‘‘(G) representatives of the disabled and 

5 other special needs populations; and 

6 ‘‘(H) such other individuals as the Admin7 istrator determines to be appropriate. 

8 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM9 MITTEE ACT.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 871(a) and subject to paragraph (2), the Federal 

12 Advisory Committee Act (5 U.S.C. App.), including 

13 subsections (a), (b), and (d) of section 10 of such 

14 Act, and section 552b(c) of title 5, United States 

15 Code, shall apply to the Advisory Council. 

16 ‘‘(2) TERMINATION.—Section 14(a)(2)(B) of 

17 the Federal Advisory Committee Act (5 U.S.C. 

18 App.) shall not apply to the Advisory Council. 

19 ‘‘SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM IN20 TEGRATION CENTER. 

21 ‘‘(a) IN GENERAL.—There is in the Authority a Na22 tional Incident Management System Integration Center. 

23 ‘‘(b) RESPONSIBILITIES.— 

24 ‘‘(1) IN GENERAL.—The Administrator, 

25 through the National Incident Management System 


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1 Integration Center, and in consultation with other 

2 Federal departments and agencies and the National 

3 Advisory Council, shall ensure ongoing management 

4 and maintenance of the National Incident Manage5 ment System, the National Response Plan, any other 

6 document or tool in support of Homeland Security 

7 Presidential Directive 5, or any other Homeland Se8 curity Presidential Directive relating to incident 

9 management and response. 

10 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na11 tional Incident Management System Integration 

12 Center shall— 

13 ‘‘(A) periodically review, and revise, as ap14 propriate, the National Incident Management 

15 System and the National Response Plan; 

16 ‘‘(B) review other matters relating to the 

17 National Incident Management System and the 

18 National Response Plan, as the Administrator 

19 may require; 

20 ‘‘(C) develop and implement a national 

21 program for National Incident Management 

22 System and National Response Plan education 

23 and awareness; 

24 ‘‘(D) oversee all aspects of the National 

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1 velopment of compliance criteria and implemen2 tation activities at Federal, State, and local 

3 government levels; 

4 ‘‘(E) provide guidance and assistance to 

5 States and local governments and emergency 

6 response providers, in adopting the National In7 cident Management System; and 

8 ‘‘(F) perform such other duties relating to 

9 such responsibilities as the Administrator may 

10 require. 

11 ‘‘SEC. 510. NATIONAL OPERATIONS CENTER. 

12 ‘‘(a) DEFINITION.—In this section, the term ‘situa13 tional awareness’ means information gathered from a vari14 ety of sources that, when communicated to emergency pre15 paredness and response managers and decision makers, 

16 can form the basis for incident management decision17 making. 

18 ‘‘(b) ESTABLISHMENT.—There is established in the 

19 Department a National Operations Center. 

20 ‘‘(c) PURPOSE.—The purposes of the National Oper21 ations Center are to— 

22 ‘‘(1) coordinate the national response to any 

23 natural or man-made disaster, as determined by the 

24 Secretary; 


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1 ‘‘(2) provide situational awareness and a com2 mon operating picture for the entire Federal Govern3 ment, and for State and local governments as appro4 priate, for an event described in paragraph (1); 

5 ‘‘(3) collect and analyze information to help 

6 deter, detect, and prevent terrorist acts; 

7 ‘‘(4) disseminate terrorism and disaster-related 

8 information to Federal, State, and local govern9 ments; 

10 ‘‘(5) ensure that critical terrorism and disaster11 related information reaches government decision12 makers; and 

13 ‘‘(6) perform such other duties as the Secretary 

14 may require. 

15 ‘‘(d) RESPONSIBILITIES.—The National Operations 

16 Center shall carry out the responsibilities of the Homeland 

17 Security Operations Center, the National Response Co18 ordination Center, and the Interagency Incident Manage19 ment Group, as constituted on the date of enactment of 

20 the United States Emergency Management Authority Act 

21 of 2006. 

22 ‘‘SEC. 511. CHIEF MEDICAL OFFICER. 

23 ‘‘(a) IN GENERAL.—There is in the Authority a Chief 

24 Medical Officer, who shall be appointed by the President, 

25 by and with the advice and consent of the Senate. The 


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1 Chief Medical Officer shall report directly to the Adminis2 trator. 

3 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

4 Chief Medical Officer shall possess a demonstrated ability 

5 in and knowledge of medicine and public health. 

6 ‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 

7 shall have the primary responsibility within the Depart8 ment for medical issues related to natural and man-made 

9 disasters, including— 

10 ‘‘(1) serving as the principal advisor to the Sec11 retary and the Administrator on medical and public 

12 health issues; 

13 ‘‘(2) coordinating the biosurveillance and detec14 tion activities of the Department; 

15 ‘‘(3) ensuring internal and external coordina16 tion of all medical preparedness and response activi17 ties of the Department, including training, exercises, 

18 and equipment support; 

19 ‘‘(4) serving as the Department’s primary point 

20 of contact with the Department of Agriculture, the 

21 Department of Defense, the Department of Health 

22 and Human Services, the Department of Transpor23 tation, the Department of Veterans Affairs, and 

24 other Federal departments or agencies, on medical 

25 and public health issues; 


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1 ‘‘(5) serving as the Department’s primary point 

2 of contact for State and local government, the med3 ical community, and others within and outside the 

4 Department, with respect to medical and public 

5 health matters; 

6 ‘‘(6) discharging, in coordination with the 

7 Under Secretary for Science and Technology, the re8 sponsibilities of the Department related to Project 

9 Bioshield; 

10 ‘‘(7) establishing doctrine and priorities for the 

11 National Disaster Medical System, consistent with 

12 the National Response Plan and the National Inci13 dent Management System, supervising its medical 

14 components, and exercising predeployment oper15 ational control, including— 

16 ‘‘(A) determining composition of the 

17 teams; 

18 ‘‘(B) overseeing credentialing of the teams; 

19 and 

20 ‘‘(C) training personnel of the teams; 

21 ‘‘(8) establishing doctrine and priorities for the 

22 Metropolitan Medical Response System, consistent 

23 with the National Response Plan and the National 

24 Incident Management System; 


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1 ‘‘(9) managing the Metropolitan Medical Re2 sponse System, including developing and overseeing 

3 standards, plans, training, and exercises and coordi4 nating with the Office of Grants and Training on 

5 the use and distribution of Metropolitan Medical Re6 sponse grants; 

7 ‘‘(10) assessing and monitoring long-term 

8 health issues of emergency managers and emergency 

9 response providers; 

10 ‘‘(11) developing and updating, in consultation 

11 with the Secretary of Health and Human Services, 

12 guidelines for State and local governments for med13 ical response plans for chemical, biological, radio14 logical, nuclear, or explosive weapon attacks; 

15 ‘‘(12) developing, in consultation with the Sec16 retary of Health and Human Services, appropriate 

17 patient tracking capabilities to execute domestic pa18 tient movement and evacuations, including a system 

19 that has the capacity of electronically maintaining 

20 and transmitting the health information of hospital 

21 patients; 

22 ‘‘(13) establishing and providing oversight for 

23 the Department’s occupational health and safety 

24 program, including workforce health; and 


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1 ‘‘(14) performing such other duties relating to 

2 such responsibilities as the Secretary or the Admin3 istrator may require. 

4 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PRO5 GRAM.—The Chief Medical Officer, in consultation with 

6 the Director of the National Institute for Occupational 

7 Safety and Health, shall establish a program to assess, 

8 monitor, and study the health and safety of emergency 

9 managers and emergency response providers, following In10 cidents of National Significance declared by the Secretary 

11 under the National Response Plan. 

12 ‘‘SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS. 

13 ‘‘The Administrator shall promote public and commu14 nity preparedness. 

15 ‘‘SEC. 513. SAVER PROGRAM. 

16 ‘‘(a) IN GENERAL.—In the Department there is a 

17 System Assessment and Validation for Emergency Re18 sponders Program to provide impartial evaluations of 

19 emergency response equipment and systems. 

20 ‘‘(b) REQUIREMENTS.—The program established 

21 under subsection (a) shall— 

22 ‘‘(1) provide impartial, practitioner relevant, 

23 and operationally oriented assessments and valida24 tions of emergency response provider equipment and 

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1 tified to a standard adopted by the Department, in2 cluding— 

3 ‘‘(A) commercial, off-the-shelf emergency 

4 response provider equipment and systems in all 

5 equipment list categories of the Standardized 

6 Equipment List published by the Interagency 

7 Board for Equipment Standardization and 

8 Interoperability; and 

9 ‘‘(B) such other equipment or systems as 

10 the Secretary determines are appropriate; 

11 ‘‘(2) provide information that enables decision12 makers and emergency response providers to better 

13 select, procure, use, and maintain emergency re14 sponse provider equipment or systems; 

15 ‘‘(3) assess and validate the performance of 

16 products within a system and subsystems; and 

17 ‘‘(4) provide information and feedback to emer18 gency response providers through the Responder 

19 Knowledge Base of the National Memorial Institute 

20 for the Prevention of Terrorism, or other appro21 priate forum. 

22 ‘‘(c) ASSESSMENT AND VALIDATION PROCESS.—The 

23 assessment and validation of emergency response provider 

24 equipment and systems shall use multiple evaluation tech25 niques, including— 


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1 ‘‘(1) operational assessments of equipment per2 formance on vehicle platforms; 

3 ‘‘(2) technical assessments on a comparative 

4 basis of system component performance across 

5 makes and models under controlled conditions; and 

6 ‘‘(3) integrative assessments on an individual 

7 basis of system component interoperability and com8 patibility with other system components. 

9 ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To the 

10 extent practical, the assessment and validation of personal 

11 protective equipment under this section shall be conducted 

12 by the National Personal Protective Technology Labora13 tory of the National Institute for Occupational Safety and 

14 Health. 

15 ‘‘SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYS16 TEM. 

17 ‘‘(a) NATIONAL SEARCH AND RESCUE RESPONSE

18 SYSTEM.—There is established in the Authority an emer19 gency response system known as the National Search and 

20 Rescue Response System that provides a national network 

21 of standardized search and rescue resources to assist State 

22 and local governments in responding to any natural or 

23 man-made disaster. 

24 ‘‘(b) ADMINISTRATION OF THE SYSTEM.— 


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1 ‘‘(1) TASK FORCE PARTICIPATION.—The Ad2 ministrator shall select eligible search and rescue 

3 teams that are sponsored by State and local govern4 ment entities to participate as task forces in the Na5 tional Search and Rescue Response System. The Ad6 ministrator shall determine the criteria for such par7 ticipation. 

8 ‘‘(2) AGREEMENTS WITH SPONSORING AGEN9 CIES.—The Administrator shall enter into an agree10 ment with the State or local government entity that 

11 sponsors each search and rescue team selected under 

12 paragraph (1) with respect the team’s participation 

13 as a task force in the National Search and Rescue 

14 Response System. 

15 ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.— 

16 The Administrator shall maintain such management 

17 and other technical teams as are necessary to ad18 minister the National Search and Rescue Response 

19 System. 

20 ‘‘SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

21 ‘‘(a) IN GENERAL.—There is in the Authority a Met22 ropolitan Medical Response System. Under the Metropoli23 tan Medical Response System, the Assistant Secretary for 

24 Grants and Planning, in coordination with the Chief Med25 ical Officer, shall administer grants to develop, maintain, 


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1 and enhance medical preparedness systems that are capa2 ble of responding effectively to a public health crisis or 

3 mass-casualty event caused by a natural or man-made dis4 aster. 

5 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re6 sponse System shall make grants to local governments to 

7 enhance any of the following activities: 

8 ‘‘(1) Medical surge capacity. 

9 ‘‘(2) Mass prophylaxis. 

10 ‘‘(3) Chemical, biological, radiological, nuclear, 

11 and explosive detection, response, and decontamina12 tion capabilities. 

13 ‘‘(4) Emergency communications capabilities. 

14 ‘‘(5) Information sharing and collaboration ca15 pabilities. 

16 ‘‘(6) Regional collaboration. 

17 ‘‘(7) Triage and pre-hospital treatment. 

18 ‘‘(8) Medical supply management and distribu19 tion. 

20 ‘‘(9) Fatality management. 

21 ‘‘(10) Such other activities as the Secretary 

22 may provide. 


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1 ‘‘SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COM2 PACT AUTHORIZATION. 

3 ‘‘(a) IN GENERAL.—The Secretary, acting through 

4 the Administrator, may make grants for the purposes of 

5 administering and improving the Emergency Management 

6 Assistance Compact consented to by the Joint Resolution 

7 entitled ‘Joint Resolution granting the consent of Con8 gress to the Emergency Management Assistance Compact’ 

9 (Public Law 104–321; 110 Stat. 3877). 

10 ‘‘(b) USES.—A grant under this section shall be used 

11 to— 

12 ‘‘(1) carry out recommendations identified in 

13 after-action reports for the 2004 and 2005 hurricane 

14 season issued under the Emergency Management 

15 Assistance Compact; 

16 ‘‘(2) coordinate with the Department and other 

17 Federal Government agencies; 

18 ‘‘(3) coordinate with State and local govern19 ment entities and their respective national associa20 tions; 

21 ‘‘(4) assist State and local governments with 

22 credentialing emergency response providers and the 

23 typing of emergency response resources; or 

24 ‘‘(5) administer the operations of the Emer25 gency Management Assistance Compact. 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out this section $4,000,000 for each of fiscal years 2007 

4 through 2010. Amounts appropriated under this section 

5 shall remain available for 3 fiscal years after the date on 

6 which such funds are appropriated. 

7 ‘‘SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Department an Office for the Prevention of Terrorism, 

10 which shall be headed by a Director. 

11 ‘‘(b) DIRECTOR.— 

12 ‘‘(1) REPORTING.—The Director of the Office 

13 for the Prevention of Terrorism shall report directly 

14 to the Secretary. 

15 ‘‘(2) QUALIFICATIONS.—The Director of the 

16 Office for the Prevention of Terrorism shall have an 

17 appropriate background with experience in law en18 forcement, intelligence, or other anti-terrorist func19 tions. 

20 ‘‘(c) ASSIGNMENT OF PERSONNEL.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall assign 

22 to the Office for the Prevention of Terrorism perma23 nent staff and other appropriate personnel detailed 

24 from other components of the Department to carry 

25 out the responsibilities under this section. 


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1 ‘‘(2) LIAISONS.—The Secretary shall designate 

2 senior employees from each component of the De3 partment that has significant antiterrorism respon4 sibilities to act a liaison between that component 

5 and the Office for the Prevention of Terrorism. 

6 ‘‘(d) RESPONSIBILITIES.—The Director of the Office 

7 for the Prevention of Terrorism shall— 

8 ‘‘(1) coordinate policy and operations between 

9 the Department and State and local government 

10 agencies relating to preventing acts of terrorism 

11 within the United States; 

12 ‘‘(2) serve as a liaison between State and local 

13 law enforcement agencies and the Department; 

14 ‘‘(3) in coordination with the Office of Intel15 ligence, develop better methods for the sharing of in16 telligence with State and local law enforcement 

17 agencies; 

18 ‘‘(4) coordinate with the Office of Grants and 

19 Training to ensure that homeland security grants to 

20 State and local government agencies are adequately 

21 focused on terrorism prevention activities; and 

22 ‘‘(5) coordinate with the Authority, the Depart23 ment of Justice, the National Institute of Justice, 

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1 sensus standards for training and personal protec2 tive equipment to be used in a tactical environment 

3 by law enforcement officers. 

4 ‘‘(e) PILOT PROJECT.— 

5 ‘‘(1) IN GENERAL.—The Director of the Office 

6 for the Prevention of Terrorism, in coordination with 

7 the Director for Response, shall establish a pilot 

8 project to determine the efficacy and feasibility of 

9 establishing law enforcement deployment teams. 

10 ‘‘(2) FUNCTION.—The law enforcement deploy11 ment teams participating in the pilot program under 

12 this subsection shall form the basis of a national 

13 network of standardized law enforcement resources 

14 to assist State and local governments in responding 

15 to a natural or man-made disaster. 

16 ‘‘(f) CONSTRUCTION.—Nothing in this section may be 

17 construed to effect the roles or responsibilities of the De18 partment of Justice. 

19 ‘‘SEC. 518. DEPARTMENT OFFICIALS. 

20 ‘‘(a) CYBERSECURITY AND TELECOMMUNI21 CATIONS.—There is in the Department an Assistant Sec22 retary for Cybersecurity and Telecommunications. 

23 ‘‘(b) UNITED STATES FIRE ADMINISTRATION.—The 

24 Administrator of the United States Fire Administration 


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1 shall have a rank equivalent to an assistant secretary of 

2 the Department.’’. 

3 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act and the amendments 

6 made by this Act. 

7 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. 

8 (a) EXECUTIVE SCHEDULE.— 

9 (1) ADMINISTRATOR.—Section 5313 of title 5, 

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘Administrator of the United States Emergency 

13 Management Authority.’’. 

14 (2) DIRECTORS.—Section 5314 of title 5, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘Directors, United States Emergency Manage18 ment Authority.’’. 

19 (3) FEMA OFFICERS.— 

20 (A) FEDERAL INSURANCE ADMINIS21 TRATOR.—Section 5315 of title 5, United 

22 States Code, is amended by striking ‘‘Federal 

23 Insurance Administrator, Federal Emergency 

24 Management Agency.’’. 


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1 (B) INSPECTOR GENERAL.—Section 5315 

2 of title 5, United States Code, is amended by 

3 striking ‘‘Inspector General, Federal Emer4 gency Management Agency.’’. 

5 (C) CHIEF INFORMATION OFFICER.—Sec6 tion 5315 of title 5, United States Code, is 

7 amended by striking ‘‘Chief Information Offi8 cer, Federal Emergency Management Agency.’’. 

9 (b) OFFICERS OF THE DEPARTMENT.—Section 

10 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 

11 113(a)) is amended— 

12 (1) by striking paragraph (5) and inserting the 

13 following: 

14 ‘‘(5) An Administrator of the United States 

15 Emergency Management Authority.’’; 

16 (2) by striking paragraph (2); and 

17 (3) by redesignating paragraphs (3) through 

18 (10) (as amended by this subsection) as paragraphs 

19 (2) through (9), respectively. 

20 (c) TABLE OF CONTENTS.—The table of contents in 

21 section 1(b) of the Homeland Security Act of 2002 (6 

22 U.S.C. 101 et seq.) is amended by striking the items relat23 ing to title V and sections 501 through 509 and inserting 

24 the following: 

‘‘TITLE V—NATIONAL PREPAREDNESS AND RESPONSE 

‘‘Sec. 501. Definitions. 


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‘‘Sec. 502. United States Emergency Management Authority. 

‘‘Sec. 503. Authorities and responsibilities. 

‘‘Sec. 504. Authority components. 

‘‘Sec. 505. Preserving the United States Emergency Management Authority. 

‘‘Sec. 506. Directors. 

‘‘Sec. 507. Regional Offices. 

‘‘Sec. 508. National Advisory Council on Emergency Preparedness and Response. 

‘‘Sec. 509. National Incident Management System Integration Center. 

‘‘Sec. 510. National Operations Center. 

‘‘Sec. 511. Chief Medical Officer. 

‘‘Sec. 512. Public and community preparedness. 

‘‘Sec. 513. SAVER Program. 

‘‘Sec. 514. National Search and Rescue Response System. 

‘‘Sec. 515. Metropolitan Medical Response System. 

‘‘Sec. 516. Emergency Management Assistance Compact authorization. 

‘‘Sec. 517. Office for the Prevention of Terrorism Coordination. 

‘‘Sec. 518. Department officials. 

‘‘Sec. 519. Nuclear incident response. 

‘‘Sec. 520. Conduct of certain public health-related activities. 

‘‘Sec. 521. Use of national private sector networks in emergency response. 

‘‘Sec. 522. Use of commercially available technology, goods, and services. 

‘‘Sec. 523. Procurement of security countermeasures for strategic national 

stockpile. 

‘‘Sec. 524. Urban and other high risk area communications capabilities.’’. 

1 SEC. 5. EFFECTIVE DATE. 

2 This Act, and the amendments made by this Act, 

3 shall take effect on January 1, 2007. 

Æ 


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