Homeland Security Act of 2002 Part 12

(ii) Recipient of certain support.--Modeling, simulation, and a.n.a.lysis 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 ma.s.s 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 ma.s.s 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 ma.s.s and public transit capabilities, and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other inst.i.tutional 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) a.s.sistance.-- (1) In general.--The Administrator may establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective ma.s.s evacuation planning for State, local, and tribal areas.

(2) Requested a.s.sistance.--The Administrator shall make a.s.sistance available upon request of a State, local, or tribal government to a.s.sist hospitals, nursing homes, and other inst.i.tutions that house individuals with special needs to establish, maintain, and exercise ma.s.s 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 a.s.sists 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 a.s.signed 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 a.s.sist the Administrator in carrying out this t.i.tle.

(b) Cybersecurity and Communications.--There is in the Department an a.s.sistant 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 a.s.sistant 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 princ.i.p.al 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 princ.i.p.al 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 Bios.h.i.+eld; 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 t.i.tle 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 ent.i.ties in the Nuclear Incident Response Team, or (subject to the provisions of this t.i.tle) 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, a.n.a.lyze, 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).''.

Section 510 of the Homeland Security Act of 2002 was redesignated as section 521 by section 611(7) of Public Law 109-295 (120 Stat.

1395).

--------------------------------------------------------------------------- (b) Special Reserve Fund.--For purposes of the security countermeasures program, the term ''special reserve fund''

means the ''Biodefense Countermeasures'' appropriations account or any other appropriation made under subsection (a).

(c) Availability.--Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only upon the approval by the President of such availability for the procurement in accordance with paragraph (6)(B) of such program.

(d) Related Authorizations of Appropriations.-- (1) Threat a.s.sessment capabilities.--For the purpose of carrying out the responsibilities of the Secretary for terror threat a.s.sessment under the security countermeasures program, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006, for the hiring of professional personnel within the Office of Intelligence and a.n.a.lysis, who shall be a.n.a.lysts responsible for chemical, biological, radiological, and nuclear threat a.s.sessment (including but not limited to a.n.a.lysis of chemical, biological, radiological, and nuclear agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-state actors who may have or acquire such agents). All such a.n.a.lysts shall meet the applicable standards and qualifications for the performance of intelligence activities promulgated by the Director of Central Intelligence pursuant to section 104 of the National Security Act of 1947.

(2) Intelligence sharing infrastructure.--For the purpose of carrying out the acquisition and deployment of secure facilities (including information technology and physical infrastructure, whether mobile and temporary, or permanent) sufficient to permit the Secretary to receive, not later than 180 days after the date of enactment of the Project Bios.h.i.+eld Act of 2004, all cla.s.sified information and products to which the Under Secretary for Intelligence and a.n.a.lysis is ent.i.tled under subt.i.tle A of t.i.tle II, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006.

SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS.

(a) In General.--Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental ent.i.ties, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster.

(b) Distribution and a.s.sistance.--The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to State, local, and tribal governments, and provide expertise and technical a.s.sistance to aid such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster.

SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.

(a) In General.--Consistent with their responsibilities and authorities under law, as of the day before the date of the enactment of this section, the Administrator and the a.s.sistant Secretary for Infrastructure Protection, in consultation with the private sector, may develop guidance or recommendations and identify best practices to a.s.sist or foster action by the private sector in-- (1) identifying potential hazards and a.s.sessing risks and impacts; (2) mitigating the impact of a wide variety of hazards, including weapons of ma.s.s destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, and a.s.sociated operational procedures; (6) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (7) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (8) developing procedures to respond to requests for information from the media or the public.

(b) Issuance and Promotion.--Any guidance or recommendations developed or best practices identified under subsection (a) shall be-- (1) issued through the Administrator; and (2) promoted by the Secretary to the private sector.

(c) Small Business Concerns.--In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the a.s.sistant Secretary for Infrastructure Protection shall take into consideration small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)), including any need for separate guidance or recommendations or best practices, as necessary and appropriate.

(d) Rule of Construction.--Nothing in this section may be construed to supersede any requirement established under any other provision of law.

SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM.

(a) Establishment.-- (1) In general.--The Secretary, acting through the officer designated under paragraph (2), shall establish and implement the voluntary private sector preparedness accreditation and certification program in accordance with this section.

(2) Designation of officer.--The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter referred to in this section as the ''designated officer'') shall be one of the following: (A) The Administrator, based on consideration of-- (i) the expertise of the Administrator in emergency management and preparedness in the United States; and (ii) the responsibilities of the Administrator as the princ.i.p.al advisor to the President for all matters relating to emergency management in the United States.

(B) The a.s.sistant Secretary for Infrastructure Protection, based on consideration of the expertise of the a.s.sistant Secretary in, and responsibilities for-- (i) protection of critical infrastructure; (ii) risk a.s.sessment methodologies; and (iii) interacting with the private sector on the issues described in clauses (i) and (ii).

(C) The Under Secretary for Science and Technology, based on consideration of the expertise of the Under Secretary in, and responsibilities a.s.sociated with, standards.

(3) Coordination.--In carrying out the accreditation and certification program under this section, the designated officer shall coordinate with-- (A) the other officers of the Department referred to in paragraph (2), using the expertise and responsibilities of such officers; and (B) the Special a.s.sistant to the Secretary for the Private Sector, based on consideration of the expertise of the Special a.s.sistant in, and responsibilities for, interacting with the private sector.

(b) Voluntary Private Sector Preparedness Standards; Voluntary Accreditation and Certification Program for the Private Sector.-- (1) Accreditation and certification program.--Not later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the designated officer shall-- (A) begin supporting the development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus standards development organizations; and (B) in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and a.n.a.lysis centers-- (i) develop and promote a program to certify the preparedness of private sector ent.i.ties that voluntarily choose to seek certification under the program; and (ii) implement the program under this subsection through any ent.i.ty with which the designated officer enters into an agreement under paragraph (3)(A), which shall accredit third parties to carry out the certification process under this section.

(2) Program elements.-- (A) In general.-- (i) Program.--The program developed and implemented under this subsection shall a.s.sess whether a private sector ent.i.ty complies with voluntary preparedness standards.

(ii) Guidelines.--In developing the program under this subsection, the designated officer shall develop guidelines for the accreditation and certification processes established under this subsection.

(B) Standards.--The designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups such as sector coordinating councils and information sharing and a.n.a.lysis centers-- (i) shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may be tailored to address the unique nature of various sectors within the private sector, as necessary and appropriate, that shall be used in the accreditation and certification program under this subsection; and (ii) after the adoption of one or more standards under clause (i), may adopt additional voluntary preparedness standards or modify or discontinue the use of voluntary preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness.

(C) Submission of recommendations.--In adopting one or more standards under subparagraph (B), the designated officer may receive recommendations from any ent.i.ty described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program.

(D) Small business concerns.--The designated officer and any ent.i.ty with which the designated officer enters into an agreement under paragraph (3)(A) shall establish separate cla.s.sifications and methods of certification for small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)) for the program under this subsection.

(E) Considerations.--In developing and implementing the program under this subsection, the designated officer shall-- (i) consider the unique nature of various sectors within the private sector, including preparedness standards, business continuity standards, or best practices, established-- (I) under any other provision of Federal law; or (II) by any sector-specific agency, as defined under Homeland Security Presidential Directive-7; and (ii) coordinate the program, as appropriate, with-- (I) other Department private sector related programs; and (II) preparedness and business continuity programs in other Federal agencies.

(3) Accreditation and certification processes.-- (A) Agreement.-- (i) In general.--Not later than 210 days after the date of enactment of the Implementing Recommendations of the 9/ 11 Commission Act of 2007, the designated officer shall enter into one or more agreements with a highly qualified nongovernmental ent.i.ty with experience or expertise in coordinating and facilitating the development and use of voluntary consensus standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector ent.i.ty, to carry out accreditations and oversee the certification process under this subsection. An ent.i.ty entering into an agreement with the designated officer under this clause (hereinafter referred to in this section as a ''selected ent.i.ty'') shall not perform certifications under this subsection.

(ii) Contents.--A selected ent.i.ty shall manage the accreditation process and oversee the certification process in accordance with the program established under this subsection and accredit qualified third parties to carry out the certification program established under this subsection.

(B) Procedures and requirements for accreditation and certification.-- (i) In general.--Any selected ent.i.ty shall collaborate to develop procedures and requirements for the accreditation and certification processes under this subsection, in accordance with the program established under this subsection and guidelines developed under paragraph (2)(A)(ii).

(ii) Contents and use.--The procedures and requirements developed under clause (i) shall-- (I) ensure reasonable uniformity in any accreditation and certification processes if there is more than one selected ent.i.ty; and (II) be used by any selected ent.i.ty in conducting accreditations and overseeing the certification process under this subsection.

(iii) Disagreement.--Any disagreement among selected ent.i.ties in developing procedures under clause (i) shall be resolved by the designated officer.

(C) Designation.--A selected ent.i.ty may accredit any qualified third party to carry out the certification process under this subsection.