Part 11 (1/2)
(a) In General.--There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
(b) Mission.-- (1) Primary mission.--The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
(2) Specific activities.--In support of the primary mission of the Agency, the Administrator shall-- (A) lead the Nation's efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man- made disasters, including catastrophic incidents; (B) partner with State, local, and tribal governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation's resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; (C) develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver a.s.sistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster; (D) integrate the Agency's emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster; (E) develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emergency response providers, and other appropriate ent.i.ties to identify and address regional priorities; (F) under the leaders.h.i.+p of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department; (G) provide funding, training, exercises, technical a.s.sistance, planning, and other a.s.sistance to build tribal, local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster; and (H) develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation.
(c) Administrator.-- (1) In general.--The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Qualifications.--The Administrator shall be appointed from among individuals who have-- (A) a demonstrated ability in and knowledge of emergency management and homeland security; and (B) not less than 5 years of executive leaders.h.i.+p and management experience in the public or private sector.
(3) Reporting.--The Administrator shall report to the Secretary, without being required to report through any other official of the Department.
(4) Princ.i.p.al advisor on emergency management.-- (A) In general.--The Administrator is the princ.i.p.al advisor to the President, the Homeland Security Council, and the Secretary for all matters relating to emergency management in the United States.
(B) Advice and recommendations.-- (i) In general.--In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency preparedness, protection, response, recovery, and mitigation options with respect to that matter.
(ii) Advice on request.--The Administrator, as the princ.i.p.al advisor on emergency management, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.
(iii) Recommendations to congress.--After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency management as the Administrator considers appropriate.
(5) Cabinet status.-- (A) In general.--The President may designate the Administrator to serve as a member of the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters.
(B) Retention of authority.--Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this Act.
SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Administrator shall provide Federal leaders.h.i.+p necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including-- (1) helping to ensure the effectiveness of emergency response providers to 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 t.i.tle)-- (A) establis.h.i.+ng 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 National Disaster Medical System, 1 and (when operating as an organizational unit of the Department pursuant to this t.i.tle) the Nuclear Incident Response Team; --------------------------------------------------------------------------- 1 The phrase '', the National Disaster Medical System,'' in subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of Public Law 109-417 (120 Stat. 2854) provides for an amendment to the Homeland Security Act of 2002 as follows:
(1) in section 502(3)(B), by striking '', the National --------------------------------------------------------------------------- Disaster Medical System,''; and
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).
--------------------------------------------------------------------------- (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) a.s.sisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency a.s.sistance 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) a.s.sisting 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 const.i.tuted on June 1, 2006, including all of its personnel, a.s.sets, 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 const.i.tuted on June 1, 2006, including all of its functions, personnel, a.s.sets, 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, a.s.sets, 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 Ent.i.ty.--The Agency shall be maintained as a distinct ent.i.ty 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 a.s.set, function, or mission of the Agency may be diverted to the princ.i.p.al and continuing use of any other organization, unit, or ent.i.ty of the Department, except for details or a.s.signments 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 partners.h.i.+p 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) a.s.sisting 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) a.s.sisting 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 partic.i.p.ate 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.