TITLE V — EMERGENCY PREPAREDNESS AND RESPONSE

This title concerns the responsibilities of the Department of Homeland Security for emergency preparedness and response.

Section 501. Under Secretary for Emergency Preparedness and Response.

This section specifies primary responsibilities of the Under Secretary for Emergency Preparedness and Response. These include: (1) helping to ensure the preparedness of emergency response providers for terrorist attacks, major disasters, and other emergencies, (2) establishing standards, conducting exercises and training, evaluating performance, and providing funds in relation to the Nuclear Incident Response Team (defined in section 504 of the bill), (3) providing the federal government's response to terrorist attacks and major disasters, (4) aiding the recovery from terrorist attacks and major disasters, (5) working with other federal and non-federal agencies to build a comprehensive national incident management system, (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 ensuring that emergency response providers acquire such technology. The responsibility of providing the federal government's response to terrorist attacks and major disasters - item (3) above - includes a number of specific functions: (A) coordinating the overall response, (B) directing the Domestic Emergency Support Team, the Strategic National Stockpile, the National Disaster Medical System, and the Nuclear Incident Response Team, (C) overseeing the Metropolitan Medical Response System, and (D) coordinating other federal response resources.

As with other parts of the bill, the specification of primary responsibilities in this section does not detract from other important functions that will be transferred to the Department of Homeland Security, such as those of the United States Fire Administration of the Federal Emergency Management Agency. In all areas, the bill fully preserves the authority to carry out the functions of the Federal Emergency Management Agency, including support for community initiatives that promote homeland security, such as the Citizen Corps.

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Section 502. Functions transferred.

This section identifies agencies and functions relevant to emergency preparedness and response that are to be transferred to the Department of Homeland Security. These include (1) the Federal Emergency Management Agency; (2) the following units of the Department of Justice: the Office for Domestic Preparedness of the Office of Justice Programs, the National Domestic Preparedness Office of the Federal Bureau of Investigation, and the Domestic Emergency Support Teams; and (3) the following units of the Department of Health and Human Services: the Office of the Assistant Secretary for Public Health Emergency Preparedness (including the Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System) and the Strategic National Stockpile.

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Section 503. Nuclear incident response.

This section authorizes the Secretary of Homeland Security, in connection with an actual or threatened terrorist attack, major disaster, or other emergency, to call certain elements of the Department of Energy and the Environmental Protection Agency into service as an organizational unit of the Department of Homeland Security. While so operating, these elements would be subject to the direction, authority, and control of the Secretary of Homeland Security. This grant of authority to the Secretary of Homeland Security would not limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing the elements from their respective agencies, or from exercising ordinary direction, authority, and control over them.

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Section 504. Definition.

This section defines the term ‘Nuclear Incident Response Team’ for purposes of title V of the bill. The definition makes clear what entities of the Department of Energy and the Environmental Protection Agency could be called into service under this title as a unit of the Department of Homeland Security.

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Section 505. Conduct of certain public health-related activities.

This section requires the Secretary of Homeland Security to carry out the following responsibilities through agreements with the Department of Health and Human Services, unless the President otherwise directs, and gives the Secretary specific transfer authority to fund such agreements: (1) all biological, chemical, radiological, and nuclear preparedness-related construction, renovation, and enhancement of security for research and development or other facilities owned or occupied by that Department; and (2) all public health-related activities being carried out by that Department on the effective date of the bill (other than activities under functions transferred by the bill to the Department of Homeland Security) to assist state and local government personnel, agencies, or authorities, non-federal public and private health care facilities and providers, and public and non-profit health and educational facilities, to plan, prepare for, prevent, identify, and respond to biological, chemical, radiological, and nuclear events and public health emergencies. In carrying out these responsibilities, the Secretary retains full authority to establish the preparedness and response program, including the setting of priorities.

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