ordinating and ensuring the readiness of each emer-
gency support function under the National Response 
Plan; 
(14) coordinating with the National Advisory 
Council; 
(15) preparing and implementing the plans and 
programs of the Federal Government for— 
(A) continuity of operations; 
(B) continuity of government; and 
(C) continuity of plans; 
(16) minimizing, to the extent practicable, over-
lapping planning and reporting requirements appli-
cable to State, local, and tribal governments and the 
private sector; 
(17) maintaining and operating within the Fed-
eral Emergency Management Agency the National 
Response Coordination Center or its successor; 
(18) developing a national emergency manage-
ment system that is capable of preparing for, pro-
tecting against, responding to, recovering from, and 
mitigating against catastrophic incidents; 
(19) assisting the President in carrying out the 
functions under the national preparedness goal and 
the national preparedness system and carrying out 
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all functions and authorities of the Director under 
the national preparedness System; 
(20) carrying out all authorities of the Federal 
Emergency Management Agency; and 
(21) otherwise carrying out the mission of the 
Federal Emergency Management Agency as de-
scribed in section 103. 
(b) ALL-HAZARDS APPROACH.—In carrying out the 
responsibilities under this section, the Director shall co-
ordinate the implementation of a risk-based, all-hazards 
strategy that builds those common capabilities necessary 
to prepare for, protect against, respond to, recover from, 
or mitigate against natural disasters, acts of terrorism, 
and other man-made disasters, while also building the 
unique capabilities necessary to prepare for, protect 
against, respond to, recover from, or mitigate against the 
risks of specific types of incidents that pose the greatest 
risk to the Nation. 
(c) CONFLICT OF AUTHORITIES.—If the Director de-
termines that there is a conflict between any authority of 
the Director under this Act, the amendments made by this 
Act, or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) and any 
authority of another Federal officer, the Director shall re-
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quest that the President make such determinations as may 
be necessary regarding such authorities. 
SEC. 105. REGIONAL OFFICES. 
(a) IN GENERAL.—There are in the Federal Emer-
gency Management Agency 10 regional offices, as identi-
fied by the Director. 
(b) MANAGEMENT OF REGIONAL OFFICES.— 
(1) REGIONAL
ADMINISTRATOR.—Each Re-
gional Office shall be headed by a Regional Adminis-
trator who shall be appointed by the Director, after 
consulting with State, local, and tribal government 
officials in the region. Each Regional Administrator 
shall report directly to the Director and be in the 
Senior Executive Service. 
(2) QUALIFICATIONS.— 
(A) IN GENERAL.—Each Regional Admin-
istrator shall be appointed from among individ-
uals who have a demonstrated ability in and 
knowledge of emergency management and 
homeland security. 
(B) CONSIDERATIONS.—In selecting a Re-
gional Administrator for a Regional Office, the 
Director shall consider the familiarity of an in-
dividual with the geographical area and demo-
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graphic characteristics of the population served 
by such Regional Office. 
(c) RESPONSIBILITIES.— 
(1) IN GENERAL.—The Regional Administrator 
shall work in partnership with State, local, and trib-
al governments, emergency managers, emergency re-
sponse providers, medical providers, the private sec-
tor, 
nongovernmental 
organizations, 
multijuris-
dictional councils of governments, and regional plan-
ning commissions and organizations in the geo-
graphical 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 in-
tegrated regional preparedness, protection, re-
sponse, recovery, and mitigation activities and 
programs for natural disasters, acts of ter-
rorism, and other man-made disasters (includ-
ing planning, training, exercises, and profes-
sional development); 
(B) assisting in the development of re-
gional capabilities needed for a national cata-
strophic response system; 
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(C) coordinating the establishment of ef-
fective regional operable and interoperable 
emergency communications capabilities; 
(D) staffing and overseeing 1 or more 
strike teams within the region under subsection 
(f), to serve as the focal point of the Federal 
Government’s initial response efforts for nat-
ural disasters, acts of terrorism, and other 
man-made disasters within that region, and 
otherwise building Federal response capabilities 
to respond to natural disasters, acts of ter-
rorism, and other man-made disasters within 
that region; 
(E) designating an individual responsible 
for the development of strategic and operational 
regional plans in support of the National Re-
sponse Plan; 
(F) fostering the development of mutual 
aid and other cooperative agreements; 
(G) identifying critical gaps in regional ca-
pabilities to respond to populations with special 
needs; 
(H) maintaining and operating a Regional 
Response Coordination Center or its successor; 
and 
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(I) performing such other duties relating 
to such responsibilities as the Director may re-
quire. 
(3) 
TRAINING
AND
EXERCISE
REQUIRE-
MENTS.— 
(A) TRAINING.—The Director shall require 
each Regional Administrator to undergo specific 
training periodically to complement the quali-
fications of the Regional Administrator. Such 
training, as appropriate, shall include training 
with respect to the National Incident Manage-
ment System, the National Response Plan, and 
such other subjects as determined by the Direc-
tor. 
(B) EXERCISES.—The Director shall re-
quire each Regional Administrator to partici-
pate as appropriate in regional and national ex-
ercises. 
(d) AREA OFFICES.—The Director shall establish 
Area Offices as components in the appropriate Regional 
Office, as determined appropriate by the Director. 
(e) REGIONAL ADVISORY COUNCIL.— 
(1) ESTABLISHMENT.—Each Regional Adminis-
trator shall establish a Regional Advisory Council. 
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(2) NOMINATIONS.—A State, local, or tribal 
government located within the geographic area 
served by the Regional Office may nominate offi-
cials, including Adjutants General and emergency 
managers, to serve as members of the Regional Ad-
visory Council for that region. 
(3) RESPONSIBILITIES.—Each Regional Advi-
sory Council shall— 
(A) advise the Regional Administrator on 
emergency management issues specific to that 
region; 
(B) identify any geographic, demographic, 
or other characteristics peculiar to any State, 
local, or tribal government within the region 
that might make preparedness, protection, re-
sponse, recovery, or mitigation more com-
plicated or difficult; and 
(C) advise the Regional Administrator of 
any weaknesses or deficiencies in preparedness, 
protection, response, recovery, and mitigation 
for any State, local, and tribal government 
within the region of which the Regional Advi-
sory Council is aware. 
(f) REGIONAL OFFICE STRIKE TEAMS.— 
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(1) IN GENERAL.—In coordination with other 
relevant Federal agencies, each Regional Adminis-
trator shall oversee multi-agency strike teams au-
thorized under section 303 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5144) that shall consist of— 
(A) a designated Federal coordinating offi-
cer; 
(B) personnel trained in incident manage-
ment; 
(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 Director or 
Regional Administrator determines appropriate; 
and 
(G) individuals from the agencies with pri-
mary responsibility for each of the emergency 
support functions in the National Response 
Plan. 
(2) OTHER
DUTIES.—The duties of an indi-
vidual assigned to a Regional Office strike team 
from another relevant agency when such individual 
is not functioning as a member of the strike team 
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shall be consistent with the emergency preparedness 
activities of the agency that employs such individual. 
(3) LOCATION OF MEMBERS.—The members of 
each Regional Office strike team, including rep-
resentatives from agencies other than the Depart-
ment, shall be based primarily within the region that 
corresponds to that strike team. 
(4) COORDINATION.—Each Regional Office 
strike team shall coordinate the training and exer-
cises of that strike team with the State, local, and 
tribal governments and private sector and non-
governmental entities which the strike team shall 
support when a natural disaster, act of terrorism, or 
other man-made disaster occurs. 
(5) PREPAREDNESS.—Each Regional Office 
strike team shall be trained as a unit on a regular 
basis and equipped and staffed to be well prepared 
to respond to natural disasters, acts of terrorism, 
and other man-made disasters, including cata-
strophic incidents. 
(6) AUTHORITIES.—If the Director determines 
that statutory authority is inadequate for the pre-
paredness and deployment of individuals in strike 
teams under this subsection, the Director shall re-
port to Congress regarding the additional statutory 
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authorities that the Director determines are nec-
essary. 
SEC. 106. NATIONAL RESPONSE PLAN. 
(a) IN GENERAL.—The Director shall— 
(1) in consultation with other Federal depart-
ments and agencies and the National Advisory 
Council, ensure ongoing management and mainte-
nance of the National Incident Management System, 
the National Response Plan, and any successor to 
such system or plan; and 
(2) periodically review and report to Congress 
on the integration of Federal authorities to ensure 
effective response to address response responsibilities 
and capabilities in the event of a catastrophic inci-
dent. 
(b) CHAIN OF COMMAND.— 
(1) IN GENERAL.—The Director, in consulta-
tion with the Secretary of Homeland Security, shall 
ensure that the National Response Plan provides for 
a clear chain of command to lead and coordinate the 
Federal response to any natural disaster, act of ter-
rorism, or other man-made disaster. 
(2) DIRECTOR OF THE FEDERAL EMERGENCY 
MANAGEMENT AGENCY.—The chain of the command 
specified in the National Response Plan shall— 
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(A) provide for a role for the Director con-
sistent with the role of the Director under this 
Act and the amendments made by this Act; and 
(B) provide for a role for the Federal Co-
ordinating Officer consistent with the respon-
sibilities under section 302(b) of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5143(b)). 
(3) PRINCIPAL FEDERAL OFFICIAL.—The Prin-
cipal Federal Official (or the successor thereto) shall 
not— 
(A) direct or replace the incident command 
structure established at the incident; or 
(B) have directive authority over the Sen-
ior Federal Law Enforcement Official, Federal 
Coordinating Officer, or other Federal and 
State officials. 
SEC. 107. CREDENTIALING AND TYPING. 
The Director shall enter into a memorandum of un-
derstanding with the administrators of the Emergency 
Management Assistance Compact, State, local, and tribal 
governments, and organizations that represent emergency 
response providers, to collaborate on developing standards 
for deployment capabilities, including credentialing of per-
sonnel and typing of resources likely needed to respond 
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to natural disasters, acts of terrorism, and other man- 
made disasters. 
SEC. 108. FEDERAL AND STATE COOPERATION FOR DIS-
ASTER INCIDENT PERIODS. 
In determining the duration of a major disaster or 
emergency (as those terms are defined in section 102 of 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5122)) or other incident, and in 
establishing the period for public or individual assistance 
or other disaster relief assistance for which a State or local 
government or individual may be eligible, the Director 
shall defer to weather reports and other substantiating 
documentation submitted by a State. 
SEC. 109. NATIONAL OPERATIONS CENTER. 
(a) DEFINITION.—In this section, the term ‘‘situa-
tional awareness’’ means information gathered from a va-
riety of sources that, when communicated to emergency 
managers and decision makers, can form the basis for inci-
dent management decisionmaking. 
(b) ESTABLISHMENT.—The National Operations 
Center is the principal operations center for the Federal 
Emergency Management Agency and shall— 
(1) provide situational awareness and a com-
mon operating picture for the entire Federal Govern-
ment, and for State, local, and tribal governments as 
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appropriate, in the event of a natural disaster, act 
of terrorism, or other man-made disaster; and 
(2) ensure that critical terrorism and disaster- 
related information reaches government decision- 
makers. 
SEC. 110. GRANT PROGRAMS. 
(a) IN GENERAL.—Title XX of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 601 et seq.) is amended— 
(1) in section 2001— 
(A) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘ADMINISTRATOR’’ and inserting ‘‘DI-
RECTOR’’; and 
(ii) by striking ‘‘Administrator’’ each 
place that term appears and inserting ‘‘Di-
rector’’; 
(B) in paragraph (4)(A)(iv), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (12), by striking ‘‘Sec-
retary’’ each place that term appears and in-
serting ‘‘Director’’; 
(2) in section 2002(a), by striking ‘‘The Sec-
retary, through the Administrator,’’ and inserting 
‘‘The Director’’; 
(3) in section 2003— 
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(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director’’; 
and 
(B) by striking ‘‘Department’’ each place 
that term appears and inserting ‘‘Federal 
Emergency Management Agency’’; 
(4) in section 2004, by striking ‘‘Adminis-
trator’’ each place that term appears and inserting 
‘‘Director’’; 
(5) in section 2005— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director’’; 
and 
(B) by striking ‘‘Department’’ each place 
that term appears and inserting ‘‘Federal 
Emergency Management Agency’’; 
(6) in section 2006, by striking ‘‘Adminis-
trator’’ each place that term appears and inserting 
‘‘Director’’; 
(7) in section 2007— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director’’; 
and 
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(B) in subsection (a)(1)(E), by striking 
‘‘Department’’ and inserting ‘‘Federal Emer-
gency Management Agency’’; 
(8) in 2008, by striking ‘‘Administrator’’ each 
place that term appears and inserting ‘‘Director’’; 
(9) in section 2021— 
(A) in subsection (a), by striking ‘‘Admin-
istrator’’ and inserting ‘‘Director’’; 
(B) in subsection (c)(1), by striking ‘‘(act-
ing through the Administrator)’’ and inserting 
‘‘, the Director’’; and 
(C) by striking ‘‘Department’’ each place 
that term appears and inserting ‘‘Federal 
Emergency Management Agency’’; and 
(10) in section 2022— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director’’; 
(B) by striking ‘‘Department’’ each place 
that term appears and inserting ‘‘Federal 
Emergency Management Agency’’; 
(C) in subsection (a)(3)(F), in the sub-
paragraph heading, by striking ‘‘ADMINIS-
TRATOR’’ and inserting ‘‘DIRECTOR’’; and 
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(D) in subsection (c), in the subsection 
heading, by striking ‘‘ADMINISTRATOR’’ and in-
serting ‘‘DIRECTOR’’. 
(b) OTHER GRANT PROGRAMS.— 
(1) EMERGENCY MANAGEMENT PERFORMANCE 
GRANT PROGRAM.—Section 662 of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 
U.S.C. 762) is amended by striking ‘‘Administrator’’ 
each place that term appears and inserting ‘‘Direc-
tor’’. 
(2) INTEROPERABLE EMERGENCY COMMUNICA-
TIONS
GRANT
PROGRAM.—Section 1809 of the 
Homeland Security Act of 2002 (6 U.S.C. 579) is 
amended— 
(A) in subsection (a), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director of the Federal 
Emergency Management Agency’’; 
(B) in subsection (b), by striking ‘‘Director 
for Emergency Communications’’ and inserting 
‘‘Director of the Federal Emergency Manage-
ment Agency’’; 
(C) by amending paragraph (1) of sub-
section (c) to read as follows: 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Emergency Management Agency shall admin-
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ister the Interoperable Emergency Communications 
Grant Program.’’; and 
(D) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director of 
the Federal Emergency Management Agency’’. 
SEC. 111. MODEL STANDARDS AND GUIDELINES; GUIDANCE 
AND RECOMMENDATIONS; VOLUNTARY PRI-
VATE SECTOR PREPAREDNESS. 
Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended— 
(1) in section 522, by striking ‘‘Administrator’’ 
each place that term appears and inserting ‘‘Direc-
tor of the Federal Emergency Management Agency’’; 
(2) in section 523— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director of 
the Federal Emergency Management Agency’’; 
and 
(B) in subsection (b)(2), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director of the Federal 
Emergency Management Agency’’; and 
(3) in section 524— 
(A) by amending subsection (a) to read as 
follows: 
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‘‘(a) ESTABLISHMENT.—The Administrator (herein-
after referred to in this section as the ‘designated officer’) 
shall establish and implement the voluntary private sector 
preparedness accreditation and certification program in 
accordance with this section.’’; and 
(B) 
by 
amending 
subsection 
(b)(2)(E)(ii)(I) to read as follows: 
‘‘(I) private sector related pro-
grams of the Department; and’’. 
SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended— 
(1) in section 501, by striking all after ‘‘In this 
title’’ and inserting ‘‘the term ‘tribal government’ 
means the government of any entity described under 
section 2(10)(B).’’; 
(2) by striking sections 503 through 507, 510, 
and 515; 
(3) in section 508— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Director of 
Federal Emergency Management Agency’’; 
(B) in subsection (b)(2), by striking ‘‘De-
partment’’ and inserting ‘‘Federal Emergency 
Management Agency’’; and 
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(C) in subsection (c)— 
(i) in paragraph (1), by inserting ‘‘in 
consultation with the Secretary,’’ before 
‘‘and shall, to the extent practicable’’; and 
(ii) in paragraph (3), by inserting ‘‘, 
in consultation with the Secretary,’’ before 
‘‘shall designate’’; 
(4) in section 509— 
(A) in subsection (a), by striking ‘‘Agency’’ 
and inserting ‘‘Department’’; and 
(B) by striking subsection (c); 
(5) in section 512(c), by striking ‘‘Adminis-
trator’’ each place that term appears and inserting 
‘‘Secretary’’; 
(6) in section 513— 
(A) by striking ‘‘Administrator’’ each place 
that term appears and inserting ‘‘Secretary’’; 
and 
(B) in subsection (b)(2), by striking 
‘‘Agency’’ and inserting ‘‘Department’’; and 
(7) in section 514— 
(A) by striking subsection (a); and 
(B) redesignating subsections (b) and (c) 
as subsections (a) and (b), respectively. 
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(b) TABLE OF CONTENTS.—The table of contents for 
the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by striking the items relating to sections 503 
through 507, 510, and 515. 
SEC. 113. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to detract from 
the Department of Homeland Security’s primary mission 
to secure the homeland from terrorist attacks. 
TITLE II—TRANSFER AND 
SAVINGS PROVISIONS 
SEC. 201. DEFINITIONS. 
In this title, unless otherwise provided or indicated 
by the context— 
(1) the term ‘‘Federal agency’’ has the meaning 
given to the term ‘‘agency’’ by section 551(1) of title 
5, United States Code; 
(2) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational 
entity, or component thereof. 
SEC. 202. TRANSFER OF FUNCTIONS. 
There are transferred to the Federal Emergency 
Management Agency established under section 101 of this 
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Act all functions which the Director of the Federal Emer-
gency Management Agency of the Department of Home-
land Security exercised before the date of the enactment 
of this title, including all the functions described under 
section 505 of the Homeland Security Act of 2002 (before 
the repeal of that section under section 104 of this Act). 
SEC. 203. PERSONNEL PROVISIONS. 
(a) APPOINTMENTS.—The Director of the Federal 
Emergency Management Agency may appoint and fix the 
compensation of such officers and employees, including in-
vestigators, attorneys, and administrative law judges, as 
may be necessary to carry out the respective functions 
transferred under this title. Except as otherwise provided 
by law, such officers and employees shall be appointed in 
accordance with the civil service laws and their compensa-
tion fixed in accordance with title 5, United States Code. 
(b) EXPERTS AND CONSULTANTS.—The Director of 
the Federal Emergency Management Agency may obtain 
the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, and com-
pensate such experts and consultants for each day (includ-
ing traveltime) at rates not in excess of the rate of pay 
for level IV of the Executive Schedule under section 5315 
of such title. The Director of the Federal Emergency Man-
agement Agency may pay experts and consultants who are 
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serving away from their homes or regular place of busi-
ness, travel expenses and per diem in lieu of subsistence 
at rates authorized by sections 5702 and 5703 of such 
title for persons in Government service employed intermit-
tently. 
SEC. 204. DELEGATION AND ASSIGNMENT. 
Except where otherwise expressly prohibited by law 
or otherwise provided by this title, the Director of the Fed-
eral Emergency Management Agency may delegate any of 
the functions transferred to the Director of the Federal 
Emergency Management Agency by this title and any 
function transferred or granted to such Director after the 
effective date of this title to such officers and employees 
of the Federal Emergency Management Agency as the Di-
rector may designate, and may authorize successive redele-
gations of such functions as may be necessary or appro-
priate. No delegation of functions by the Director of the 
Federal Emergency Management Agency under this sec-
tion or under any other provision of this title shall relieve 
such Director of responsibility for the administration of 
such functions. 
SEC. 205. REORGANIZATION. 
The Director of the Federal Emergency Management 
Agency is authorized to allocate or reallocate any function 
transferred under section 202 among the officers of the 
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Federal Emergency Management Agency, and to estab-
lish, consolidate, alter, or discontinue such organizational 
entities in the Federal Emergency Management Agency as 
may be necessary or appropriate. 
SEC. 206. RULES. 
The Director of the Federal Emergency Management 
Agency is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States 
Code, such rules and regulations as the Director deter-
mines necessary or appropriate to administer and manage 
the functions of the Federal Emergency Management 
Agency. 
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL. 
Except as otherwise provided in this title, the per-
sonnel employed in connection with, and the assets, liabil-
ities, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and 
other funds employed, used, held, arising from, available 
to, or to be made available in connection with the func-
tions transferred by this title, subject to section 1531 of 
title 31, United States Code, shall be transferred to the 
Federal Emergency Management Agency. Unexpended 
funds transferred pursuant to this section shall be used 
VerDate Aug 31 2005 
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