H. R. 5005—78
(H) Whether immigration-related questions conveyed
by customers to the Department (whether conveyed in per-
son, by telephone, or by means of the Internet) were
answered effectively and efficiently.
(b) SENSE OF CONGRESS REGARDING IMMIGRATION SERVICES.—
It is the sense of Congress that—
(1) the quality and efficiency of immigration services ren-
dered by the Federal Government should be improved after
the transfers made by this subtitle take effect; and
(2) the Secretary should undertake efforts to guarantee
that concerns regarding the quality and efficiency of immigra-
tion services are addressed after such effective date.
TITLE V—EMERGENCY PREPAREDNESS
AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.
There shall be in the Department a Directorate of Emergency
Preparedness and Response headed by an Under Secretary for
Emergency Preparedness and Response.
SEC. 502. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for Emer-
gency Preparedness and Response, shall include—
(1) helping to ensure the effectiveness of emergency
response providers to terrorist attacks, major disasters, and
other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to 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;
(3) providing the Federal Government’s response to ter-
rorist attacks and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency Support Team,
the Strategic National Stockpile, the National Disaster
Medical System, and (when operating as an organizational
unit of the Department pursuant to this title) the Nuclear
Incident Response Team;
(C) overseeing the Metropolitan Medical Response
System; and
(D) coordinating other Federal response resources in
the event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
H. R. 5005—79
agencies, and authorities, to respond to such attacks and disas-
ters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to
ensure that emergency response providers acquire such tech-
nology.
SEC. 503. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred to the
Secretary the functions, personnel, assets, and liabilities of the
following entities:
(1) The Federal Emergency Management Agency, including
the functions of the Director of the Federal Emergency Manage-
ment Agency relating thereto.
(2) The Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration, which shall
be renamed ‘‘FIRESAT’’.
(3) The National Domestic Preparedness Office of the Fed-
eral Bureau of Investigation, including the functions of the
Attorney General relating thereto.
(4) The Domestic Emergency Support Teams of the Depart-
ment of Justice, including the functions of the Attorney General
relating thereto.
(5) The Office of Emergency Preparedness, the National
Disaster Medical System, and the Metropolitan Medical
Response System of the Department of Health and Human
Services, including the functions of the Secretary of Health
and Human Services and the Assistant Secretary for Public
Health Emergency Preparedness relating thereto.
(6) The Strategic National Stockpile of the Department
of Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 504. NUCLEAR INCIDENT RESPONSE.
(a) IN GENERAL.—At the direction of the Secretary (in connec-
tion with an actual or threatened terrorist attack, major disaster,
or other emergency in the United States), the Nuclear Incident
Response Team shall operate as an organizational unit of the
Department. While so operating, the Nuclear Incident Response
Team shall be subject to the direction, authority, and control of
the Secretary.
(b) RULE OF CONSTRUCTION.—Nothing in this title shall be
construed to limit the ordinary responsibility of the Secretary of
Energy and the Administrator of the Environmental Protection
Agency for organizing, training, equipping, and utilizing their
respective entities in the Nuclear Incident Response Team, or (sub-
ject to the provisions of this title) from exercising direction,
authority, and control over them when they are not operating
as a unit of the Department.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVI-
TIES.
(a) IN GENERAL.—With respect to all public health-related
activities to improve State, local, and hospital preparedness and
response to chemical, biological, radiological, and nuclear and other
H. R. 5005—80
emerging terrorist threats carried out by the Department of Health
and Human Services (including the Public Health Service), the
Secretary of Health and Human Services shall set priorities and
preparedness goals and further develop a coordinated strategy for
such activities in collaboration with the Secretary.
(b) EVALUATION OF PROGRESS.—In carrying out subsection (a),
the Secretary of Health and Human Services shall collaborate with
the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress toward achieving the prior-
ities and goals described in such subsection.
SEC. 506. DEFINITION.
In this title, the term ‘‘Nuclear Incident Response Team’’ means
a resource that includes—
(1) 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 med-
ical assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological assist-
ance functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) IN GENERAL.—The functions of the Federal Emergency
Management Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its 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 emer-
gency management program—
(A) of mitigation, by taking sustained actions to reduce
or eliminate long-term risk to people and property from
hazards and their effects;
(B) of planning for building the emergency manage-
ment profession to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) of response, by conducting emergency operations
to save lives and property through positioning emergency
equipment and supplies, through evacuating potential vic-
tims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public
services;
(D) of recovery, by rebuilding communities so individ-
uals, businesses, and governments can function on their
own, return to normal life, and protect against future haz-
ards; and
(E) of increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and recovery.
(b) FEDERAL RESPONSE PLAN.—
(1) ROLE OF FEMA.—Notwithstanding any other provision
of this Act, the Federal Emergency Management Agency shall
H. R. 5005—81
remain the lead agency for the Federal Response Plan estab-
lished under Executive Order No. 12148 (44 Fed. Reg. 43239)
and Executive Order No. 12656 (53 Fed. Reg. 47491).
(2) REVISION OF RESPONSE PLAN.—Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Fed-
eral Response Plan to reflect the establishment of and incor-
porate the Department.
SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMER-
GENCY RESPONSE.
To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for emergency
response to chemical, biological, radiological, nuclear, or explosive
disasters, and other major disasters.
SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,
AND SERVICES.
It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible,
use off-the-shelf commercially developed technologies to ensure
that the Department’s information technology systems allow
the Department to collect, manage, share, analyze, and dissemi-
nate information securely over multiple channels of communica-
tion; and
(2) in order to further the policy of the United States
to avoid competing commercially with the private sector, the
Secretary should rely on commercial sources to supply the
goods and services needed by the Department.
TITLE VI—TREATMENT OF CHARITABLE
TRUSTS 
FOR 
MEMBERS 
OF 
THE
ARMED 
FORCES 
OF 
THE 
UNITED
STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF
THE ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.
(a) FINDINGS.—Congress finds the following:
(1) Members of the Armed Forces of the United States
defend the freedom and security of our Nation.
(2) Members of the Armed Forces of the United States
have lost their lives while battling the evils of terrorism around
the world.
(3) Personnel of the Central Intelligence Agency (CIA)
charged with the responsibility of covert observation of terror-
ists around the world are often put in harm’s way during
their service to the United States.
(4) Personnel of the Central Intelligence Agency have also
lost their lives while battling the evils of terrorism around
the world.
(5) Employees of the Federal Bureau of Investigation (FBI)
and other Federal agencies charged with domestic protection