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TITLE V-EMERGENCY PREPAREDNESS AND RESPONSE SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE. In assisting the Secretary with the responsibilities specified in section 101(b)(2)(D), the primary responsibilities of the Under Secretary for Emergency Preparedness and Response shall include- (1) helping to ensure the preparedness of emergency response providers for 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 terrorist 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, 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; and (7) developing comprehensive programs for developing interoperative communications technology, and helping to ensure that emergency response providers acquire such technology.
[ Analysis ]SEC. 502. FUNCTIONS TRANSFERRED. In accordance with title VIII, 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 Management Agency relating thereto; (2) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto; (3) the National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto; (4) the Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto; (5) 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) of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services relating thereto; and (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.
[ Analysis ]SEC. 503. NUCLEAR INCIDENT RESPONSE. (a) At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency), 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) Nothing in this title shall be understood 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.
[ Analysis ]SEC. 504. DEFINITION. For purposes of this title, 'Nuclear Incident Response Team' means a resource that includes- (1) those entities of the Department of Energy that perform nuclear and/or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as Oak Ridge National Laboratory, radiological assistance 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.
[ Analysis ]SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES. (a) Except as the President may otherwise direct, the Secretary shall carry out the following responsibilities through the Department of Health and Human Services (including the Public Health Service), under agreements with the Secretary of Health and Human Services, and may transfer funds to him in connection with 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 the Department of Health and Human Services; and (2) all public health-related activities being carried out by the Department of Health and Human Services on the effective date of this Act (other than activities under functions transferred by this Act to the Department) 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, by means including direct services, technical assistance, communications and surveillance, education and training activities, and grants. (b) With respect to any responsibilities carried out through the Department of Health and Human Services under this section, the Secretary, in consultation with the Secretary of Health and Human Services, shall have the authority to establish the preparedness and response program, including the setting of priorities.
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