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.
[ Analysis ]