Chapter VII: Section 1: Short Title; Table of Contents (6)

The amendment was not executed because section 502 of the Homeland
Security Act of 2002 was redesignated as section 504 by section 611(8)
of Public Law 109-295 (120 Stat 1395).
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(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 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, agencies, and authorities, to
respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
national response plan;
(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal,
State, local, and tribal governments and emergency
response providers;
(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.)
and carrying out all functions and authorities given to
the Administrator under that Act;
(9) carrying out the mission of the Agency to
reduce the loss of life and property and protect the
Nation from all hazards by leading and supporting the
Nation in a risk-based, comprehensive emergency
management system of--
(A) mitigation, by taking sustained actions
to reduce or eliminate long-term risks to
people and property from hazards and their
effects;
(B) preparedness, by planning, training,
and building the emergency management
profession 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; and
(D) recovery, by rebuilding communities so
individuals, businesses, and governments can
function on their own, return to normal life,
and protect against future hazards;
(10) increasing efficiencies, by coordinating
efforts relating to preparedness, protection, response,
recovery, and mitigation;
(11) helping to ensure the effectiveness of
emergency response providers in responding to a natural
disaster, act of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the
Agency;
(13) administering and ensuring the implementation
of the National Response Plan, including coordinating
and ensuring the readiness of each emergency support
function under the National Response Plan;
(14) coordinating with the National Advisory
Council established under section 508;
(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,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
(17) maintaining and operating within the Agency
the National Response Coordination Center or its
successor;
(18) developing a national emergency management
system that is capable of preparing for, protecting
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 all
functions and authorities of the Administrator under
the national preparedness System;
(20) carrying out all authorities of the Federal
Emergency Management Agency and the Directorate of
Preparedness of the Department as transferred under
section 505; and
(21) otherwise carrying out the mission of the
Agency as described in section 503(b).
(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Administrator shall
coordinate 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.

SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED.

(a) In General.--Except as provided in subsection (b),
there are transferred to the Agency the following:
(1) All functions of the Federal Emergency
Management Agency, including existing responsibilities
for emergency alert systems and continuity of
operations and continuity of government plans and
programs as constituted on June 1, 2006, including all
of its personnel, assets, components, authorities,
grant programs, 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, authorities, grant
programs, and liabilities, and including the functions
of the Under Secretary for Preparedness relating
thereto.
(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The Office of the Chief Medical Officer.
(5) The functions, personnel, assets, components,
authorities, and liabilities of each component
described under paragraphs (1) through (4).

SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.

(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
(b) Reorganization.--Section 872 shall not apply to the
Agency, including any function or organizational unit of the
Agency.
(c) Prohibition on Changes to Missions.--
(1) In general.--The Secretary may not
substantially or significantly reduce the authorities,
responsibilities, or functions of the Agency or the
capability of the Agency to perform those missions,
authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after the date
of enactment of the Post-Katrina Emergency Management
Reform Act of 2006.
(2) Certain transfers prohibited.--No asset,
function, or mission of the Agency 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 Agency to perform its missions.
(d) Reprogramming and Transfer of Funds.--In reprogramming
or transferring funds, the Secretary shall comply with any
applicable provisions of any Act making appropriations for the
Department for fiscal year 2007, or any succeeding fiscal year,
relating to the reprogramming or transfer of funds.

SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES.

(a) In General.--There are in the Agency 10 regional
offices, as identified by the Administrator.
(b) Management of Regional Offices.--
(1) Regional administrator.--Each Regional Office
shall be headed by a Regional Administrator who shall
be appointed by the Administrator, after consulting
with State, local, and tribal government officials in
the region. Each Regional Administrator shall report
directly to the Administrator and be in the Senior
Executive Service.
(2) Qualifications.--
(A) In general.--Each Regional
Administrator shall be appointed from among
individuals who have a demonstrated ability in
and knowledge of emergency management and
homeland security.
(B) Considerations.--In selecting a
Regional Administrator for a Regional Office,
the Administrator shall consider the
familiarity of an individual with the
geographical area and demographic
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 tribal
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, protection,
response, recovery, and mitigation activities
and programs for natural disasters, acts of
terrorism, and other man-made disasters
(including planning, training, exercises, and
professional development);
(B) assisting in the development of
regional capabilities needed for a national
catastrophic response system;
(C) coordinating the establishment of
effective 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
natural 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 terrorism, 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 Response Plan;
(F) fostering the development of mutual aid
and other cooperative agreements;
(G) identifying critical gaps in regional
capabilities to respond to populations with
special needs;
(H) maintaining and operating a Regional
Response Coordination Center or its successor;
(I) coordinating with the private sector to
help ensure private sector preparedness for
natural disasters, acts of terrorism, and other
man-made disasters;
(J) assisting State, local, and tribal
governments, where appropriate, to preidentify
and evaluate suitable sites where a
multijurisdictional incident command system may
quickly be established and operated from, if
the need for such a system arises; and
(K) performing such other duties relating
to such responsibilities as the Administrator
may require.
(3) Training and exercise requirements.--
(A) Training.--The Administrator shall
require each Regional Administrator to undergo
specific training periodically to complement
the qualifications of the Regional
Administrator. Such training, as appropriate,
shall include training with respect to the
National Incident Management System, the
National Response Plan, and such other subjects
as determined by the Administrator.
(B) Exercises.--The Administrator shall
require each Regional Administrator to
participate as appropriate in regional and
national exercises.
(d) Area Offices.--
(1) In general.--There is an Area Office for the
Pacific and an Area Office for the Caribbean, as
components in the appropriate Regional Offices.
(2) Alaska.--The Administrator shall establish an
Area Office in Alaska, as a component in the
appropriate Regional Office.
(e) Regional Advisory Council.--
(1) Establishment.--Each Regional Administrator
shall establish a Regional Advisory Council.
(2) Nominations.--A State, local, or tribal
government located within the geographic area served by
the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as
members of the Regional Advisory Council for that
region.
(3) Responsibilities.--Each Regional Advisory
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,
response, recovery, or mitigation more
complicated 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
Advisory Council is aware.
(f) Regional Office Strike Teams.--
(1) In general.--In coordination with other
relevant Federal agencies, each Regional Administrator
shall oversee multi-agency strike teams authorized
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
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.
(2) Other duties.--The duties of an individual
assigned to a Regional Office strike team from another
relevant agency when such individual is not functioning
as a member of the strike team 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 representatives
from agencies other than the Department, 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 exercises of that
strike team with the State, local, and tribal
governments and private sector and nongovernmental
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 catastrophic incidents.
(6) Authorities.--If the Administrator determines
that statutory authority is inadequate for the
preparedness and deployment of individuals in strike
teams under this subsection, the Administrator shall
report to Congress regarding the additional statutory
authorities that the Administrator determines are
necessary.

SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL.

(a) Establishment.--Not later than 60 days after the date
of enactment of the Post-Katrina Emergency Management Reform
Act of 2006, the Secretary shall establish an advisory body
under section 871(a) to ensure effective and ongoing
coordination of Federal preparedness, protection, response,
recovery, and mitigation for natural disasters, acts of
terrorism, and other man-made disasters, to be known as the
National Advisory Council.
(b) Responsibilities.--
(1) In general.--The National Advisory Council
shall advise the Administrator on all aspects of
emergency management. The National Advisory Council
shall incorporate State, local, and tribal government
and private sector input in the development and
revision of the national preparedness goal, the
national preparedness system, the National Incident
Management System, the National Response Plan, and
other related plans and strategies.
(2) Consultation on grants.--To ensure input from
and coordination with State, local, and tribal
governments and emergency response providers, the
Administrator shall regularly consult and work with the
National Advisory Council on the administration and
assessment of grant programs administered by the
Department, including with respect to the development
of program guidance and the development and evaluation
of risk-assessment methodologies, as appropriate.
(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 officials, emergency
managers, and emergency response providers from State,
local, and tribal governments, the private sector, and
nongovernmental organizations, including as
appropriate--
(A) members selected from the emergency
management field and emergency response
providers, including fire service, law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel, or organizations
representing such individuals;
(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;
(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting
organizations, including representatives from
the voluntary consensus codes and standards
development community, particularly those with
expertise in the emergency preparedness and
response field;
(D) State, local, and tribal government
officials with expertise in preparedness,
protection, response, recovery, and mitigation,
including Adjutants General;
(E) elected State, local, and tribal
government executives;
(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with
disabilities and other populations with special
needs; and
(H) such other individuals as the
Administrator determines to be appropriate.
(2) Coordination with the departments of health and
human services and transportation.--In the selection of
members of the National Advisory Council who are health
or emergency medical services professionals, the
Administrator shall work with the Secretary of Health
and Human Services and the Secretary of Transportation.
(3) Ex officio members.--The Administrator shall
designate 1 or more officers of the Federal Government
to serve as ex officio members of the National Advisory
Council.
(4) Terms of office.--
(A) In general.--Except as provided in
subparagraph (B), the term of office of each
member of the National Advisory Council shall
be 3 years.
(B) Initial appointments.--Of the members
initially appointed to the National Advisory
Council--
(i) one-third shall be appointed
for a term of 1 year; and
(ii) one-third shall be appointed
for a term of 2 years.
(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 National Advisory Council.
(2) Termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.

SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER.

(a) In General.--There is established in the Agency a
National Integration Center.
(b) Responsibilities.--
(1) In general.--The Administrator, through the
National 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, and any successor to such
system or plan.
(2) Specific responsibilities.--The National
Integration Center shall periodically review, and
revise as appropriate, the National Incident Management
System and the National Response Plan, including--
(A) establishing, in consultation with the
Director of the Corporation for National and
Community Service, a process to better use
volunteers and donations;
(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers
at emergency scenes; and
(C) revising the Catastrophic Incident
Annex, finalizing and releasing the
Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both
effectively address response requirements in
the event of a catastrophic incident.
(c) Incident Management.--
(1) In general.--
(A) National response plan.--The Secretary,
acting through the Administrator, 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 terrorism, or other man-made disaster.
(B) Administrator.--The chain of the
command specified in the National Response Plan
shall--
(i) provide for a role for the
Administrator consistent with the role
of the Administrator as the principal
emergency management advisor to the
President, the Homeland Security
Council, and the Secretary under
section 503(c)(4) and the
responsibility of the Administrator
under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating
to natural disasters, acts of
terrorism, and other man-made
disasters; and
(ii) provide for a role for the
Federal Coordinating Officer consistent
with the responsibilities under section
302(b) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
(2) Principal federal official.--The Principal
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
Senior Federal Law Enforcement Official,
Federal Coordinating Officer, or other Federal
and State officials.

SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING.

(a) In General.--The Administrator shall enter into a
memorandum of understanding 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 for credentialing and typing
of incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to natural disasters, acts
of terrorism, and other man-made disasters.
(b) Distribution.--
(1) In general.--Not later than 1 year after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Administrator
shall provide the standards developed under subsection
(a), including detailed written guidance, to--
(A) each Federal agency that has
responsibilities under the National Response
Plan to aid that agency with credentialing and
typing incident management personnel, emergency
response providers, and other personnel
(including temporary personnel) and resources
likely needed to respond to a natural disaster,
act of terrorism, or other man-made disaster;
and
(B) State, local, and tribal governments,
to aid such governments with credentialing and
typing of State, local, and tribal incident
management personnel, emergency response
providers, and other personnel (including
temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
(2) Assistance.--The Administrator shall provide
expertise and technical assistance to aid Federal,
State, local, and tribal government agencies with
credentialing and typing incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
(c) Credentialing and Typing of Personnel.--Not later than
6 months after receiving the standards provided under
subsection (b), each Federal agency with responsibilities under
the National Response Plan shall ensure that incident
management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely
needed to respond to a natural disaster, act of terrorism, or
other manmade disaster are credentialed and typed in accordance
with this section.
(d) Consultation on Health Care Standards.--In developing
standards for credentialing health care professionals under
this section, the Administrator shall consult with the
Secretary of Health and Human Services.

SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND
ANALYSIS CENTER.

(a) Definition.--In this section, the term ``National
Infrastructure Simulation and Analysis Center'' means the
National Infrastructure Simulation and Analysis Center
established under section 1016(d) of the USA PATRIOT Act (42
U.S.C. 5195c(d)).
(b) Authority.--
(1) In general.--There is in the Department the
National Infrastructure Simulation and Analysis Center
which shall serve as a source of national expertise to
address critical infrastructure protection and
continuity through support for activities related to--
(A) counterterrorism, threat assessment,
and risk mitigation; and
(B) a natural disaster, act of terrorism,
or other man-made disaster.
(2) Infrastructure modeling.--
(A) Particular support.--The support
provided under paragraph (1) shall include
modeling, simulation, and analysis of the
systems and assets comprising critical
infrastructure, in order to enhance
preparedness, protection, response, recovery,
and mitigation activities.
(B) Relationship with other agencies.--Each
Federal agency and department with critical
infrastructure responsibilities under Homeland
Security Presidential Directive 7, or any
successor to such directive, shall establish a
formal relationship, including an agreement
regarding information sharing, between the
elements of such agency or department and the
National Infrastructure Simulation and Analysis
Center, through the Department.
(C) Purpose.--
(i) In general.--The purpose of the
relationship under subparagraph (B)
shall be to permit each Federal agency
and department described in
subparagraph (B) to take full advantage
of the capabilities of the National
Infrastructure Simulation and Analysis
Center (particularly vulnerability and
consequence analysis), consistent with
its work load capacity and priorities,
for real-time response to reported and
projected natural disasters, acts of
terrorism, and other man-made
disasters.
(ii) Recipient of certain
support.--Modeling, simulation, and
analysis provided under this subsection
shall be provided to relevant Federal
agencies and departments, including
Federal agencies and departments with
critical infrastructure
responsibilities under Homeland
Security Presidential Directive 7, or
any successor to such directive.

SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES.

(a) In General.--Notwithstanding any other provision of
law, and subject to subsection (d), grants made to States or
local or tribal governments by the Department through the State
Homeland Security Grant Program or the Urban Area Security
Initiative may be used to--
(1) establish programs for the development and
maintenance of mass evacuation plans under subsection
(b) in the event of a natural disaster, act of
terrorism, or other man-made disaster;
(2) prepare for the execution of such plans,
including the development of evacuation routes and the
purchase and stockpiling of necessary supplies and
shelters; and
(3) conduct exercises of such plans.
(b) Plan Development.--In developing the mass evacuation
plans authorized under subsection (a), each State, local, or
tribal government shall, to the maximum extent practicable--
(1) establish incident command and decision making
processes;
(2) ensure that State, local, and tribal government
plans, including evacuation routes, are coordinated and
integrated;
(3) identify primary and alternative evacuation
routes and methods to increase evacuation capabilities
along such routes such as conversion of two-way traffic
to one-way evacuation routes;
(4) identify evacuation transportation modes and
capabilities, including the use of mass and public
transit capabilities, and coordinating and integrating
evacuation plans for all populations including for
those individuals located in hospitals, nursing homes,
and other institutional living facilities;
(5) develop procedures for informing the public of
evacuation plans before and during an evacuation,
including individuals--
(A) with disabilities or other special
needs, including the elderly;
(B) with limited English proficiency; or
(C) who might otherwise have difficulty in
obtaining such information; and
(6) identify shelter locations and capabilities.
(c) Assistance.--
(1) In general.--The Administrator may establish
any guidelines, standards, or requirements determined
appropriate to administer this section and to ensure
effective mass evacuation planning for State, local,
and tribal areas.
(2) Requested assistance.--The Administrator shall
make assistance available upon request of a State,
local, or tribal government to assist hospitals,
nursing homes, and other institutions that house
individuals with special needs to establish, maintain,
and exercise mass evacuation plans that are coordinated
and integrated into the plans developed by that State,
local, or tribal government under this section.
(d) Multipurpose Funds.--Nothing in this section may be
construed to preclude a State, local, or tribal government from
using grant funds in a manner that enhances preparedness for a
natural or man-made disaster unrelated to an act of terrorism,
if such use assists such government in building capabilities
for terrorism preparedness.

SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR.

(a) In General.--After consultation with organizations
representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities,
established under Executive Order No. 13347 (6 U.S.C. 312
note), the Administrator shall appoint a Disability
Coordinator. The Disability Coordinator shall report directly
to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.
(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
(1) providing guidance and coordination on matters
related to individuals with disabilities in emergency
planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-
made disaster;
(2) interacting with the staff of the Agency, the
National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals
with Disabilities established under Executive Order No.
13347 (6 U.S.C. 312 note), other agencies of the
Federal Government, and State, local, and tribal
government authorities regarding the needs of
individuals with disabilities in emergency planning
requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
(3) consulting with organizations that represent
the interests and rights of individuals with
disabilities about the needs of individuals with
disabilities in emergency planning requirements and
relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(4) ensuring the coordination and dissemination of
best practices and model evacuation plans for
individuals with disabilities;
(5) ensuring the development of training materials
and a curriculum for training of emergency response
providers, State, local, and tribal government
officials, and others on the needs of individuals with
disabilities;
(6) promoting the accessibility of telephone
hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;
(7) working to ensure that video programming
distributors, including broadcasters, cable operators,
and satellite television services, make emergency
information accessible to individuals with hearing and
vision disabilities;
(8) ensuring the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
(9) providing guidance and implementing policies to
ensure that the rights and wishes of individuals with
disabilities regarding post-evacuation residency and
relocation are respected;
(10) ensuring that meeting the needs of individuals
with disabilities are included in the components of the
national preparedness system established under section
644 of the Post-Katrina Emergency Management Reform Act
of 2006; and
(11) any other duties as assigned by the
Administrator.

SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS.

(a) Deputy Administrators.--The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this title. (b) Cybersecurity and Communications.--There is in the Department an Assistant Secretary for Cybersecurity and Communications. (c) 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. 515. [6 U.S.C. 321D] 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 managers and
decision makers, can form the basis for incident management
decisionmaking.
(b) Establishment.--The National Operations Center is the
principal operations center for the Department and shall--
(1) provide situational awareness and a common
operating picture for the entire Federal Government,
and for State, local, and tribal governments as
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.
(c) State and Local Fire Service Representation.--
(1) Establishment of position.--The Secretary
shall, in consultation with the Administrator of the
United States Fire Administration, establish a fire
service position at the National Operations Center
established under subsection (b) to ensure the
effective sharing of information between the Federal
Government and State and local fire services.
(2) Designation of position.--The Secretary shall
designate, on a rotating basis, a State or local fire
service official for the position described in
paragraph (1).
(3) Management.--The Secretary shall manage the
position established pursuant to paragraph (1) in
accordance with such rules, regulations, and practices
as govern other similar rotating positions at the
National Operations Center.

SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER.

(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(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 disasters, acts of terrorism, and
other 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 biodefense 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, local, and tribal governments, 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; and
(7) performing such other duties relating to such
responsibilities as the Secretary may require.

SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE.

(a) In General.--At the direction of the Secretary (in connection 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 (subject 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. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.

(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 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 priorities and goals described in such subsection.

SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN
EMERGENCY 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. 520. [6 U.S.C. 321I] 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 disseminate
information securely over multiple channels of
communication; 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.

SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR
STRATEGIC NATIONAL STOCKPILE.

(a) Authorization of Appropriations.--For the procurement of security countermeasures under section 319F-2(c) of the Public Health Service Act (referred to in this section as the ``security countermeasures program''), there is authorized to be appropriated up to $5,593,000,000 for the fiscal years 2004 through 2013. Of the amounts appropriated under the preceding sentence, not to exceed $3,418,000,000 may be obligated during the fiscal years 2004 through 2008, of which not to exceed $890,000,000 may be obligated during fiscal year 2004. None of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health threat that are not security countermeasures under section 319F-2(c)(1)(B). \1\ --------------------------------------------------------------------------- \1\ The last sentence in section 521(a) was added to reflect the probable intent of Congress. Section 403(c) of Public Law 109-417 (120 Stat. 2874) provides as follows:

(c) Limitation on Use of Funds.--Section 510(a) of the Homeland Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end the following: ``None of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health threat that are not security countermeasures under section 319F-2(c)(1)(B).''.