[House Report 111-459]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-459
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
FEMA INDEPENDENCE ACT OF 2009
_______
April 13, 2010.--Ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1174]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1174) to establish the Federal
Emergency Management Agency as a cabinet-level independent
agency in the executive branch, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FEMA Independence
Act of 2009''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY
Sec. 101. Establishment of independent agency.
Sec. 102. Administrator; Deputy Administrator; and other officials of
the Agency.
Sec. 103. Authority and responsibilities.
Sec. 104. Office of the Inspector General.
Sec. 105. Transfer of functions.
Sec. 106. Personnel and other transfers.
Sec. 107. Savings provisions.
Sec. 108. Offices and functions of Department of Homeland Security.
Sec. 109. Homeland security grants.
Sec. 110. Additional conforming amendments to Homeland Security Act of
2002.
Sec. 111. Conforming amendments to Post-Katrina Emergency Management
Reform Act of 2006.
Sec. 112. Conforming and technical amendments to other laws.
Sec. 113. Changes to administrative documents.
Sec. 114. Recommended legislation.
TITLE II--RELATED MATTERS
Sec. 201. National Advisory Council.
Sec. 202. National Integration Center.
Sec. 203. Credentialing and typing.
Sec. 204. Disability coordinator.
Sec. 205. Nuclear incident response.
Sec. 206. Urban area all hazards preparedness grant program.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency
appointed under section 102.
(2) Agency.--The term ``Agency'' means the Federal Emergency
Management Agency established under section 101.
(3) Emergency.--The term ``emergency'' has the meaning given
that term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(4) Emergency management.--The term ``emergency management''
means preparedness for, response to, recovery from, and
mitigating hazards.
(5) Hazard.--The term ``hazard'' has the meaning given that
term in section 602(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196(b)) and
includes any major disaster or emergency.
(6) Major disaster.--The term ``major disaster'' has the
meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY.
(a) In General.--The Federal Emergency Management Agency is
established as a cabinet-level independent establishment in the
executive branch.
(b) Mission.--The primary mission of the Agency shall be to reduce
the loss of life and property and protect the Nation from hazards by
leading and supporting the Nation in a comprehensive emergency
management system of preparedness, response, recovery, and mitigation.
SEC. 102. ADMINISTRATOR; DEPUTY ADMINISTRATOR; AND OTHER OFFICIALS OF
THE AGENCY.
(a) Administrator.--
(1) In general.--The Agency shall be headed by an
Administrator, who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall report
directly to the President.
(2) Qualifications.--The Administrator shall be appointed
from among individuals who have extensive experience in
emergency preparedness, response, recovery, and mitigating
hazards.
(3) Executive schedule.--Title 5, United States Code, is
amended--
(A) in section 5312 by adding at the end the
following:
``Administrator of the Federal Emergency Management Agency.''; and
(B) in section 5313 by striking the item relating to
``Administrator of the Federal Emergency Management
Agency''.
(b) Deputy Administrator.--
(1) In general.--The Agency shall have one Deputy
Administrator, who shall be appointed by the President, by and
with the advice and consent of the Senate. The Deputy
Administrator shall carry out duties and powers prescribed by
the Administrator and act for the Administrator when the
Administrator is absent or unable to serve or when the position
of the Administrator is vacant.
(2) Qualifications.--The Deputy Administrator shall be
appointed from among individuals who have extensive experience
in emergency preparedness, response, recovery, and mitigating
hazards.
(3) Executive schedule.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to
``Deputy Administrators, Federal Emergency Management Agency''
and inserting the following:
``Deputy Administrator, Federal Emergency Management Agency.''.
(c) Assistant Administrators.--
(1) In general.--The Agency shall have one or more Assistant
Administrators, who shall be appointed by the Administrator,
and whose duties shall be determined by the Administrator.
(2) Qualifications.--Each Assistant Administrator shall be
appointed from among individuals who have a demonstrated
ability in and knowledge of emergency management or other field
relevant to their position.
(d) Regional Offices.--
(1) In general.--There shall be in the Agency 10 Regional
Offices, as identified by the Administrator.
(2) Regional administrators.--
(A) In general.--Each Regional Office shall be headed
by a Regional Administrator who shall be appointed by
the Administrator.
(B) Qualifications.--
(i) In general.--Each Regional Administrator
shall be appointed from among individuals who
have a demonstrated ability in and knowledge of
emergency management.
(ii) Considerations.--In selecting an
individual to serve as a Regional Administrator
for a Regional Office, the Administrator shall
consider the familiarity of the individual with
the geographical area and demographic
characteristics of the population served by the
Regional Office.
(3) Regional advisory councils.--
(A) Establishment.--Each Regional Administrator shall
establish a Regional Advisory Council.
(B) Nominations.--A State, local, or tribal
government located within the geographic area served by
the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as
members of the Regional Advisory Council for that
region.
(C) Responsibilities.--Each Regional Advisory Council
shall--
(i) advise the Regional Administrator on
emergency management issues specific to that
region;
(ii) identify any geographic, demographic, or
other characteristics peculiar to any State,
local, or tribal government within the region
that might make preparedness, response,
recovery, or mitigation more complicated or
difficult; and
(iii) advise the Regional Administrator of
any weakness or deficiency in preparedness,
response, recovery, or mitigation for any
State, local, or tribal government within the
region of which the Regional Advisory Council
is aware.
(e) Area Offices.--There shall be an Area Office for the Pacific, an
Area Office for the Caribbean, and an Area Office in Alaska, as
components in the appropriate Regional Offices.
SEC. 103. AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Administrator shall provide the Federal
leadership necessary to prepare for, respond to, recover from, and
mitigate hazards.
(b) Stafford Act.--The Administrator shall assist the President in
carrying out the functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out
all functions and authorities given to the Administrator under that
Act.
(c) Mission.--The responsibilities of the Administrator shall include
carrying out the mission of the Agency by leading and supporting the
Nation in a comprehensive emergency management system of--
(1) mitigation, by taking sustained actions to reduce or
eliminate long-term risks to people and property from hazards
and their effects;
(2) preparedness, by planning, training, conducting
exercises, and building the emergency management profession to
prepare effectively for mitigating, responding to, and
recovering from any hazard;
(3) 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
(4) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards.
(d) Response Duties.--In carrying out subsection (c)(3), the
Administrator, at a minimum, shall--
(1) help to ensure the effectiveness of emergency response
providers in responding to a hazard;
(2) coordinate and provide the Federal Government's response
to hazards;
(3) build a comprehensive national incident management system
with Federal, State, and local government personnel, agencies,
and authorities to respond to hazards;
(4) consolidate existing Federal Government emergency
response plans into a single, coordinated plan to be known as
the National Response Plan;
(5) administer and ensure the implementation of the National
Response Plan, including coordinating and ensuring the
readiness of each emergency support function under the National
Response Plan; and
(6) help ensure the acquisition of operable and interoperable
communications capabilities by Federal, State, local, and
tribal governments and emergency response providers.
(e) Continuity of Government.--The Administrator shall prepare and
implement the plans and programs of the Federal Government for--
(1) continuity of operations;
(2) continuity of Government; and
(3) continuity of plans.
(f) Other Duties.--The Administrator shall--
(1) coordinate the National Advisory Council authorized by
this Act;
(2) maintain and operate within the Agency the National
Response Coordination Center (or its successor);
(3) develop and maintain a national emergency management
system that is capable of preparing for, responding to,
recovering from, and mitigating hazards of all magnitudes,
including catastrophic disasters; and
(4) supervise grant programs administered by the Agency.
(g) All-hazards Approach.--In carrying out the responsibilities under
this section, the Administrator shall coordinate the implementation of
an all-hazards strategy that builds those common capabilities necessary
to prepare for, respond to, recover from, and mitigate hazards.
SEC. 104. OFFICE OF THE INSPECTOR GENERAL.
The Agency shall have an Office of the Inspector General, headed by
an Inspector General, in accordance with the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.).
SEC. 105. TRANSFER OF FUNCTIONS.
(a) In General.--Except as provided by subsection (c), there shall be
transferred to the Administrator the following:
(1) All functions of the Federal Emergency Management Agency,
as constituted on January 1, 2009, including continuity of
operations and continuity of Government plans and programs.
(2) The functions relating to the Agency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and other laws, including--
(A) the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.);
(B) the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.);
(C) the National Dam Safety Program Act (33 U.S.C.
467 et seq.);
(D) the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.);
(E) Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.);
(F) section 612 of the Security and Accountability
For Every Port Act of 2006 (6 U.S.C. 314a); and
(G) title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.).
(3) Any function to be transferred to the Agency under the
Post-Katrina Emergency Management Reform Act of 2006 (103 Stat.
1394), including the amendments made by that Act, even if the
transfer has not taken place as of January 1, 2009.
(b) Inspector General.--There shall be transferred to the Inspector
General of the Federal Emergency Management Agency all of the functions
relating to the Inspector General that were transferred from the
Federal Emergency Management Agency to the Department of Homeland
Security on or after January 1, 2003.
(c) Exceptions.--The following programs shall not be affected by this
Act and shall remain within the Department of Homeland Security:
(1) The grant programs authorized by sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act (6 U.S.C. 1135, 1163, and 1182).
(2) The grant program authorized by section 70107 of title
46, United States Code.
(3) Programs authorized by sections 2003 and 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 604 and 605), as
amended by this Act.
(4) The trucking security grant program (Public Law 110-329;
122 Stat. 3671).
(5) The buffer zone protection program (Public Law 110-329;
122 Stat. 3672).
(6) The commercial equipment direct assistance program
(Public Law 110-329; 122 Stat. 3672).
(d) United States Fire Administrator; Federal Insurance
Administrator.--Nothing in this Act shall be construed to affect the
appointment of the United States Fire Administrator under section 5(b)
of the Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) or
the Federal Insurance Administrator under section 1105(a) of the
Housing and Urban Development Act of 1968 (42 U.S.C. 4129).
(e) Transition Period.--The transfers under this section shall be
carried out not later than 120 days following the date of enactment of
this Act. During the transition period, the Secretary of Homeland
Security shall provide to the Administrator such assistance, including
the use of personnel and assets, as the Administrator may request in
preparing for the transfer.
(f) Transition.--The Administrator may use--
(1) the services of such officers, employees, and other
personnel of the Department of Homeland Security with respect
to functions transferred by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(g) Liaison Office To Ensure Coordination With Department of Homeland
Security.--The Administrator shall establish a liaison office within
the Agency to ensure adequate coordination with the Department of
Homeland Security.
SEC. 106. PERSONNEL AND OTHER TRANSFERS.
(a) Personnel Provisions.--
(1) Appointments.--The Administrator may appoint and fix the
compensation of such officers and employees, including
investigators, attorneys, and administrative law judges, as may
be necessary to carry out the respective functions transferred
under section 105. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) Experts and consultants.--The Administrator may obtain
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, and compensate
such experts and consultants for each day (including travel
time) during which they are engaged in the actual performance
of such services at rates not in excess of the rate of pay for
level IV of the Executive Schedule under section 5315 of such
title. The Administrator may pay experts and consultants who
are serving away from their homes or regular place of business,
travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for persons
in Government service employed intermittently.
(b) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this title, the
Administrator may delegate any of the functions transferred to the
Administrator by section 105 and any function transferred or granted to
the Administrator after the date of the transfers by section 105 to
such officers and employees of the Agency as the Administrator may
designate and may authorize successive redelegations of such functions
as may be necessary or appropriate. No delegation of functions by the
Administrator under this subsection or under any other provision of
this title shall relieve the Administrator of responsibility for the
administration of such functions.
(c) Reorganization.--The Administrator may allocate or reallocate any
function transferred under section 105 among the officers of the
Agency, and may establish, consolidate, alter, or discontinue such
organizational entities in the Agency as may be necessary or
appropriate if the Administrator, on or before the 30th day preceding
the date of the allocation or reallocation, provides to Congress
written notice of the allocation or reallocation.
(d) Rules.--The Administrator may prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Administrator determines necessary or
appropriate to administer and manage the functions of the Agency.
(e) Transfer and Allocations of Appropriations and Personnel.--Except
as otherwise provided in this title, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by section 105, subject to section 1531 of title 31, United
States Code, shall be transferred to the Agency. Unexpended funds
transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(f) Incidental Transfers.--The Director of the Office of Management
and Budget, in consultation with the Administrator, may make such
determinations as may be necessary with regard to the functions
transferred by section 105, and may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
(g) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this title,
the transfer pursuant to this title of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer of such employee under this
title.
(2) Executive schedule positions.--Except as otherwise
provided in this title, any person who, on the day preceding
the date of the transfers of functions under section 105, held
a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the
Agency to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of
the service of such person in such new position.
SEC. 107. SAVINGS PROVISIONS.
(a) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or allowed
to become effective by the President, any Federal
agency or official thereof, or by a court of competent
jurisdiction, in the performance of functions that are
transferred under section 105; and
(B) which are in effect on the date of the transfers
of functions under section 105, or were final before
such date and are to become effective on or after such
date, shall continue in effect according to their terms
until modified, terminated, superseded, set aside, or
revoked in accordance with law by the President, the
Administrator, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(2) Proceedings not affected.--The provisions of this title
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the Agency
on the date of the transfers of functions under section 105,
with respect to functions transferred by section 105, but such
proceedings and applications shall continue. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation
of law. Nothing in this paragraph shall be deemed to prohibit
the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
title had not been enacted.
(3) Suits not affected.--The provisions of this title shall
not affect suits commenced before the date of the transfers of
functions under section 105, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title had not been
enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Agency, or by or against
any individual in the official capacity of such individual as
an officer of the Agency, shall abate by reason of the
enactment of this title.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Agency
relating to a function transferred under section 105 may be
continued by the Agency with the same effect as if this title
had not been enacted.
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by section 105--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to refer
to the department, agency, or office to which such function is
transferred.
SEC. 108. OFFICES AND FUNCTIONS OF DEPARTMENT OF HOMELAND SECURITY.
(a) Evacuation Plans and Exercises.--Section 512(c) of the Homeland
Security Act of 2002 (6 U.S.C. 321a(c)) is amended by striking
``Administrator'' each place it appears and inserting ``Secretary''.
(b) Assistant Secretary for Cybersecurity and Communications;
National Operations Center.--Sections 514 and 515 of such Act (6 U.S.C.
321c and 321d) are amended to read as follows:
``SEC. 514. ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS.
``There is in the Department an Assistant Secretary for Cybersecurity
and Communications.
``SEC. 515. 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 homeland security
decisionmakers, can form the basis for homeland security
decisionmaking.
``(b) Establishment.--The National Operations Center is the principal
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, for homeland
security purposes; and
``(2) ensure that critical homeland security information
reaches government decisionmakers.
``(c) FEMA Authority.--Nothing in this section shall be construed to
provide to the National Operations Center any authority that overlaps
with the authority of the Administrator of the Federal Emergency
Management Agency, except to the extent necessary to coordinate the
activities or information of the National Operations Center with the
Federal Emergency Management Agency.''.
(c) Chief Medical Officer.--Section 516 of such Act of 2002 (6 U.S.C.
321e) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1) by striking
``natural disasters, acts of terrorism, and other man-
made disasters'' and inserting ``homeland security'';
and
(B) in paragraph (4) by inserting ``the Federal
Emergency Management Agency,'' after ``the Department
of Veterans Affairs,''; and
(2) by adding at the end the following:
``(d) FEMA Authority.--Nothing in this section shall be construed to
provide to the Chief Medical Officer any authority that overlaps with
the authority of the Administrator of the Federal Emergency Management
Agency, except to the extent necessary to coordinate activities or
information with the Federal Emergency Management Agency.''.
(d) Repeals.--The following provisions of such Act (6 U.S.C. 101 et
seq.) are repealed:
(1) Section 501.
(2) Section 503.
(3) Section 504.
(4) Section 505.
(5) Section 506.
(6) Section 507.
(7) Section 508.
(8) Section 509.
(9) Section 510.
(10) Section 513.
(11) Section 517.
(12) Section 519.
(e) Redesignations.--Sections 502, 511, 512, 514, 515, 516, 518, 520,
521, 522, 523, and 524 of such Act of 2002 (6 U.S.C. 312, 321, 321a,
321c, 321d, 321e, 321f, 321g, 321i, 321j, 321k, 321l, and 321m) are
redesignated as sections 501 through 512, respectively.
(f) Title Heading.--The heading for title V of such Act is amended by
striking ``NATIONAL EMERGENCY MANAGEMENT'' and inserting ``OTHER
OFFICES AND FUNCTIONS''.
(g) Table of Contents.--The table of contents contained in section
1(b) of such Act is amended by striking the items relating to title V
and inserting the following:
``TITLE V--OTHER OFFICES AND FUNCTIONS
``Sec. 501. Definition.
``Sec. 502. The National Infrastructure Simulation and Analysis Center.
``Sec. 503. Evacuation plans and exercises.
``Sec. 504. Assistant Secretary for Cybersecurity and Communications.
``Sec. 505. National Operations Center.
``Sec. 506. Chief Medical Officer.
``Sec. 507. Conduct of certain public health-related activities.
``Sec. 508. Use of commercially available technology, goods, and
services.
``Sec. 509. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 510. Model standards and guidelines for critical infrastructure
workers.
``Sec. 511. Guidance and recommendations.
``Sec. 512. Voluntary private sector preparedness accreditation and
certification program.''.
SEC. 109. HOMELAND SECURITY GRANTS.
(a) Urban Area Security Initiative.--Section 2003(a) of the Homeland
Security Act of 2002 (6 U.S.C. 604(a)) is amended striking
``preventing, preparing for, protecting against, and responding to''
and inserting ``preventing and protecting against''.
(b) State Homeland Security Grant Program.--Section 2004 of such Act
(6 U.S.C. 605) is amended--
(1) in subsection (a) by striking ``preventing, preparing
for, protecting against, and responding to'' and inserting
``preventing and protecting against'';
(2) in subsection (c)(3) by striking ``to prevent, prepare
for, protect against, or respond to'' and inserting ``to
prevent or protect against''; and
(3) in subsection (d)(1) by striking ``to prevent, prepare
for, protect against, and respond to'' and inserting ``to
prevent and protect against''.
(c) Grants to Directly Eligible Tribes.--Section 2005(h) of such Act
(6 U.S.C. 606(h)) is amended by striking ``preventing, preparing for,
protecting against, and responding to'' and inserting ``preventing and
protecting against''.
(d) Terrorism Prevention.--Section 2006(b)(4)(A) of such Act (6
U.S.C. 607(b)(4)(A)) is amended by striking ``preventing, preparing
for, protecting against, and responding to natural disasters, acts of
terrorism, and other man-made disasters within the United States'' and
inserting ``preventing and protecting against acts of terrorism within
the United States''.
(e) Prioritization.--Section 2007(a) of such Act (6 U.S.C. 608(a)) is
amended--
(1) in paragraph (1)(H) by striking ``respond to'' and
inserting ``address''; and
(2) in paragraphs (1)(J)(i) and (2) by striking ``to prevent,
prepare for, protect against, and respond to'' and inserting
``to prevent and protect against''.
(f) Use of Funds.--Section 2008 of such Act (6 U.S.C. 609) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by striking
``preventing, preparing for, protecting against, and
responding to'' and inserting ``preventing and
protecting against''; and
(B) in paragraph (12) by inserting before the
semicolon at the end the following: ``, except to the
extent that such activities are inconsistent with the
FEMA Independence Act of 2009 (including the amendments
made by that Act)''; and
(2) in subsections (b)(4)(B)(i) and (d)(2) by striking
``preventing, preparing for, protecting against, or responding
to'' and inserting ``preventing or protecting against''.
(g) Administration and Coordination.--Section 2021 of such Act (6
U.S.C. 611) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Regional Coordination.--The Secretary shall ensure that--
``(1) all recipients of grants administered by the Department
to prevent and protect against acts of terrorism coordinate, as
appropriate, their prevention and protection efforts with
neighboring State, local, and tribal governments; and
``(2) all high-risk urban areas and other recipients of
grants administered by the Department to prevent and protect
against acts of terrorism that include or substantially affect
parts or all of more than 1 State coordinate, as appropriate,
across State boundaries, including, where appropriate, through
the use of regional working groups and requirements for
regional plans.''; and
(2) in subsection (d)(1) by striking ``Department'' and
inserting ``Federal Government''.
(h) Accountability.--
(1) Audits of grant programs.--Section 2022(a) of such Act (6
U.S.C. 612(a)) is amended--
(A) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Not less than once every 2 years,
the Secretary shall conduct, for each State and high-
risk urban area receiving a grant administered by the
Department, a programmatic and financial review of all
grants awarded by the Department to prevent or protect
against acts of terrorism.''; and
(ii) in subparagraph (B) by striking ``to
prevent, prepare for, protect against, and
respond to natural disasters, acts of
terrorism, and other man-made disasters'' and
inserting ``to prevent and protect against acts
of terrorism''; and
(B) in paragraph (3)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--In order to ensure the effective
and appropriate use of grants administered by the
Department, the Inspector General of the Department
each year shall conduct audits of a sample of States
and high-risk urban areas that receive grants
administered by the Department to prevent or protect
against acts of terrorism.''; and
(ii) in subparagraph (D)(ii)(IV) by striking
``to prevent, prepare for, protect against, and
respond to natural disasters, acts of terrorism
and other man-made disasters'' and inserting
``to prevent and protect against acts of
terrorism''.
(2) Administration of grants.--Section 2022 of such Act (6
U.S.C. 612) is amended by adding at the end the following:
``(d) Administration of Grants.--The Secretary may request the
Administrator to continue to support the administration of any grant
authorized by this title.''.
(i) References to Administrator.--Title XX of such Act (6 U.S.C. 601
et seq.) is amended--
(1) in section 2002(a) by striking ``, through the
Administrator,'';
(2) in section 2021(c)(1) by striking ``(acting through the
Administrator)'';
(3) in the subparagraph heading for section 2022(a)(3)(F) by
striking ``administrator'' and inserting ``secretary'';
(4) in the subsection heading for section 2022(c) by striking
``by the Administrator'' ; and
(5) by striking ``Administrator'' each place it appears and
inserting ``Secretary'', except in--
(A) section 2001(1);
(B) section 2006(b)(4)(F);
(C) section 2006(b)(5);
(D) section 2022(b)(2); and
(E) section 2022(c)(1).
SEC. 110. ADDITIONAL CONFORMING AMENDMENTS TO HOMELAND SECURITY ACT OF
2002.
(a) Mission.--Section 101(b)(1) of the Homeland Security Act of 2002
(6 U.S.C. 111(b)(1)) is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively; and
(3) in subparagraph (C) (as so redesignated) by striking ``,
including'' and all that follows before the semicolon at the
end.
(b) Secretary; Functions.--Section 102 of such Act (6 U.S.C. 112) is
amended--
(1) by adding at the end of subsection (c) the following:
``Nothing in this subsection may be construed to interfere with the
role of the Administrator of the Federal Emergency Management
Agency.''; and
(2) in subsection (f)--
(A) in paragraph (4)--
(i) by inserting ``and'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B); and
(iii) by striking subparagraph (C);
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9), (10), and (11)
as paragraphs (8), (9), and (10), respectively.
(c) Other Officers.--Section 103(a) of such Act (6 U.S.C. 113(a)) is
amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) through (10) as
paragraphs (4) through (9), respectively.
(d) Authority To Issue Warnings.--Section 214(g) of such Act (6
U.S.C. 133(g)) is amended by adding at the end the following:
``Nothing in this subsection may be construed to limit or otherwise
affect the authority of the President or the Administrator of the
Federal Emergency Management Agency under section 202 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5132).''.
(e) Enhancement of Non-Federal Cybersecurity.--Section 223 of such
Act (6 U.S.C. 143) is amended by striking ``Under Secretary for
Emergency Preparedness and Response'' each place it appears and
inserting ``Administrator of the Federal Emergency Management Agency''.
(f) Coordination With Federal Emergency Management Agency.--
(1) In general.--Title II of such Act (6 U.S.C. 121 et seq.)
is amended by adding at the end the following:
``Subtitle E--Consultation With Federal Emergency Management Agency
``SEC. 241. DUTY TO CONSULT.
``In carrying out this title, the Secretary shall consult, as
appropriate, with the Administrator of the Federal Emergency Management
Agency.
``SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION.
``Nothing in this title may be construed to limit or otherwise affect
the authority of the Administrator of the Federal Emergency Management
Agency.''.
(2) Clerical amendment.--The table of contents contained in
section 1(b) of such Act is amended by adding at the end of the
items relating to title II the following:
``Subtitle E--Consultation With Federal Emergency Management Agency
``Sec. 241. Duty to consult.
``Sec. 242. Limitation on statutory construction.''.
(g) Office for Domestic Preparedness.--Section 430 of such Act (6
U.S.C. 238), and the item relating to that section in the table of
contents contained in section 1(b) of such Act, are repealed.
(h) Quadrennial Homeland Security Review.--Section 707 of such Act (6
U.S.C. 347) is amended--
(1) in subsection (a)(3)(A) by inserting ``the Administrator
of the Federal Emergency Management Agency,'' after ``the
Secretary of Agriculture,'';
(2) in subsection (b)(1) by striking ``, the National
Response Plan,''; and
(3) in subsection (c)(2)(G) by striking ``and preparing for
emergency response to threats to national homeland security''.
(i) Coordination With Department of Health and Human Services Under
Public Health Service Act.--Section 887 of such Act (6 U.S.C. 467) is
amended--
(1) in subsection (a) by inserting before the period at the
end the following: ``and section 202(b) of the FEMA
Independence Act of 2009''; and
(2) in subsections (b)(2) and (b)(3) by inserting ``the
Federal Emergency Management Agency,'' after ``the Department
of Homeland Security,''.
(j) Membership of National Homeland Security Council.--Section 903(a)
of such Act (6 U.S.C. 493(a)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) The Administrator of the Federal Emergency Management
Agency.''.
SEC. 111. CONFORMING AMENDMENTS TO POST-KATRINA EMERGENCY MANAGEMENT
REFORM ACT OF 2006.
(a) Surge Capacity Force.--Section 624 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 711) is amended--
(1) in subsection (b)--
(A) by striking ``Secretary'' and inserting
``Administrator''; and
(B) by striking ``of the Department''; and
(2) in subsections (c)(1) and (c)(2) by striking ``section
510 of the Homeland Security Act of 2002, as amended by this
Act,'' and inserting ``section 203 of the FEMA Independence Act
of 2009''.
(b) Improvements to Information Technology Systems.--Section 640(a)
of such Act (6 U.S.C. 727(a)) is amended by striking ``, in
coordination with the Chief Information Officer of the Department,''.
(c) Definitions.--Section 641 of such Act (6 U.S.C. 741) is amended
in paragraphs (2) and (14) by striking ``section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311)'' and inserting ``section 203 of
the FEMA Independence Act of 2009''.
(d) Federal Response Capability Inventory.--Section 651 of such Act
(6 U.S.C. 751) is amended in paragraphs (2) and (3) of subsection (b)
by striking ``section 510 of the Homeland Security Act of 2002 (6
U.S.C. 320)'' and inserting ``section 203 of the FEMA Independence Act
of 2009''.
(e) Federal Preparedness.--Section 653(a)(2) of such Act (6 U.S.C.
753(a)(2)) is amended by striking ``section 510 of the Homeland
Security Act of 2002 (6 U.S.C. 320)'' and inserting ``section 203 of
the FEMA Independence Act of 2009''.
(f) National Disaster Recovery Strategy.--Section 682(a) of such Act
(6 U.S.C. 771(a)) is amended by inserting ``the Secretary,'' after
``the Department of the Interior,''.
(g) Individuals With Disabilities.--Section 689(a) of such Act (6
U.S.C. 773(a)) is amended by striking ``section 513 of the Homeland
Security Act of 2002, as added by this Act'' and inserting ``section
204 of the FEMA Independence Act of 2009''.
(h) Limitations on Tiering of Subcontractors.--Section 692 of such
Act (6 U.S.C. 792)--
(1) in subsections (a) and (b) by striking ``Secretary'' and
inserting ``Administrator''; and
(2) in subsection (c) by striking ``Department'' and
inserting ``Agency''.
(i) Limitation on Length of Certain Noncompetitive Contracts.--
Section 695 of such Act (6 U.S.C. 794) is amended--
(1) in subsections (a) and (b) by striking ``Secretary'' and
inserting ``Administrator''; and
(2) in subsection (c) by striking ``Department'' and
inserting ``Agency''.
SEC. 112. CONFORMING AND TECHNICAL AMENDMENTS TO OTHER LAWS.
(a) Chief Financial Officer.--Section 901(b)(2) of title 31, United
States Code, is amended by adding at the end the following:
``(H) The Federal Emergency Management Agency.''.
(b) Inspector General Act of 1978.--Section 12(1) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking ``Director
of the Federal Emergency Management Agency'' and inserting
``Administrator of the Federal Emergency Management Agency''.
(c) Technical Corrections to References.--The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended--
(1) in section 602(a) by striking paragraph (7) and inserting
the following:
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.'';
and
(2) by striking ``Director'' each place it appears and
inserting ``Administrator'', except--
(A) the second and fourth places it appears in
section 622(c); and
(B) in section 626(b).
SEC. 113. CHANGES TO ADMINISTRATIVE DOCUMENTS.
Not later than 120 days after the date of enactment of this Act, the
President shall amend Homeland Security Presidential Directive-5,
Homeland Security Presidential Directive-8, and any other similar
administrative document to reflect the changes made by this Act
(including the amendments made by this Act).
SEC. 114. RECOMMENDED LEGISLATION.
(a) In General.--After consultation with Congress, the Administrator
shall prepare recommended legislation containing additional technical
and conforming amendments to reflect the changes made by this title.
(b) Submission to Congress.--Not later than 90 days after the last
day of the transition period referred to in section 105(e), the
Administrator shall submit to Congress a report containing the
recommended legislation.
TITLE II--RELATED MATTERS
SEC. 201. NATIONAL ADVISORY COUNCIL.
(a) Establishment.--The Administrator shall continue to maintain an
advisory body to ensure effective and ongoing coordination of Federal
preparedness, response, recovery, and mitigation for hazards, to be
known as the National Advisory Council.
(b) Responsibilities.--The National Advisory Council shall advise the
Administrator on all aspects of emergency management.
(c) Membership.--
(1) In general.--The members of the National Advisory Council
shall be appointed by the Administrator, and shall, to the
extent practicable, represent a geographic (including urban and
rural) and substantive cross section of officials, emergency
managers, and emergency response providers from State, local,
and tribal governments, the private sector, and nongovernmental
organizations, including as appropriate--
(A) members selected from the emergency management
field and emergency response providers, including fire
service, law enforcement, hazardous materials response,
emergency medical services, and emergency management
personnel, or organizations representing such
individuals;
(B) health scientists, emergency and inpatient
medical providers, and public health professionals;
(C) experts from Federal, State, local, and tribal
governments, and the private sector, representing
standards-setting and accrediting organizations,
including representatives from the voluntary consensus
codes and standards development community, particularly
those with expertise in the emergency preparedness and
response field;
(D) State, local, and tribal government officials
with expertise in preparedness, response, recovery, and
mitigation, including Adjutants General;
(E) elected State, local, and tribal government
executives;
(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with disabilities
and other populations with special needs; and
(H) such other individuals as the Administrator
determines to be appropriate.
(2) Coordination with the departments of health and human
services and transportation.--In the selection of members of
the National Advisory Council who are health or emergency
medical services professionals, the Administrator shall work
with the Secretary of Health and Human Services and the
Secretary of Transportation.
(3) Ex officio members.--The Administrator shall designate 1
or more officers of the Federal Government to serve as ex
officio members of the National Advisory Council.
(4) Terms of office.--The term of office of each member of
the National Advisory Council shall be 3 years.
(d) Applicability of Federal Advisory Committee Act.--
(1) In general.--Subject to paragraph (2), the Federal
Advisory Committee Act (5 U.S.C. App.), including subsections
(a), (b), and (d) of section 10 of such Act, and section
552b(c) of title 5, United States Code, shall apply to the
National Advisory Council.
(2) Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the National
Advisory Council.
SEC. 202. NATIONAL INTEGRATION CENTER.
(a) In General.--There is established in the Agency a National
Integration Center.
(b) Responsibilities.--The Administrator, through the National
Integration Center, and in consultation with other Federal departments
and agencies and the National Advisory Council, shall ensure ongoing
management and maintenance, including revisions as appropriate, of the
National Incident Management System, the National Response Plan
(including the Catastrophic Incident Annex), and any successor to such
system or plan.
(c) Incident Management.--
(1) National response plan.--The Administrator shall ensure
that the National Response Plan provides for a clear chain of
command to lead and coordinate the Federal response to any
hazard.
(2) Principal federal official.--The position of Principal
Federal Official is abolished.
SEC. 203. CREDENTIALING AND TYPING.
(a) In General.--The Administrator shall continue to implement a
memorandum of understanding with the administrators of the Emergency
Management Assistance Compact, State, local, and tribal governments,
and organizations that represent emergency response providers to
collaborate on developing standards for deployment capabilities,
including for credentialing and typing of incident management
personnel, emergency response providers, and other personnel (including
temporary personnel) and resources likely needed to respond to a
hazard.
(b) Distribution.--
(1) In general.--The Administrator shall provide the
standards developed under subsection (a), including detailed
written guidance, to--
(A) each Federal agency that has responsibilities
under the National Response Plan to aid that agency
with credentialing and typing incident management
personnel, emergency response providers, and other
personnel (including temporary personnel) and resources
likely needed to respond to a hazard; and
(B) State, local, and tribal governments, to aid such
governments with credentialing and typing of State,
local, and tribal incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a hazard.
(2) Assistance.--The Administrator shall provide expertise
and technical assistance to aid Federal, State, local, and
tribal government agencies with credentialing and typing
incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to a hazard.
(c) Credentialing and Typing of Personnel.--Each Federal agency with
responsibilities under the National Response Plan shall ensure that
incident management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely needed
to respond to a hazard are credentialed or typed, as appropriate, in
accordance with this section.
(d) Consultation on Health Care Standards.--In developing standards
for credentialing health care professionals under this section, the
Administrator shall consult with the Secretary of Health and Human
Services.
(e) Definition.--For purposes of this section, the term
``credentialing'' means to provide documentation that identifies
personnel and authenticates and verifies the qualifications of such
personnel by ensuring that such personnel possess a minimum common
level of training, experience, physical and medical fitness, and
capability appropriate for a particular position in accordance with
standards created under this section.
SEC. 204. DISABILITY COORDINATOR.
(a) In General.--The Administrator shall appoint in the Agency a
Disability Coordinator in order to ensure that the needs of individuals
with disabilities are being properly addressed in emergency
preparedness and disaster relief. The Disability Coordinator shall
report directly to the Administrator.
(b) Consultation.--The Disability Coordinator shall be appointed
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).
(c) Transitional Provision.--The individual serving in the Agency as
Disability Coordinator on the date of enactment of this Act may
continue to serve in that position at the discretion of the
Administrator.
SEC. 205. NUCLEAR INCIDENT RESPONSE.
(a) In General.--At the direction of the Administrator (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 Agency. While so
operating, the Nuclear Incident Response Team shall be subject to the
direction, authority, and control of the Administrator.
(b) Rule of Construction.--Nothing in this section shall be construed
to limit the ordinary responsibility of the Secretary of Energy or the
Administrator of the Environmental Protection Agency for organizing,
training, equipping, or utilizing their respective entities in the
Nuclear Incident Response Team, or (subject to the provisions of this
section) from exercising direction, authority, or control over them
when they are not operating as a unit of the Agency.
SEC. 206. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM.
Subtitle A of title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding
at the end the following:
``SEC. 617. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM.
``(a) In General.--To assist urban areas to prepare for any hazard,
the Administrator shall establish an urban area all hazards
preparedness grant program.
``(b) Eligibility.--The 100 most populous metropolitan statistical
areas, as defined by the Office of Management and Budget, shall be
eligible to receive a grant award under this section. The Administrator
may consider additional urban areas for a grant award based on criteria
established by the Administrator.
``(c) Notification and Information.--Not later than 30 days before
the Administrator accepts applications for the urban area all hazards
preparedness grant program, the Administrator shall notify the chief
elected official of each urban area and the Governor of the State in
which such urban area is located if the urban area is eligible for a
grant under this section and provide information regarding the
application procedures and grant award criteria. Such notification and
information shall also be published in the Federal Register not later
than 15 days before the Administrator accepts applications for the
grant program.
``(d) Application.--An urban area eligible under subsection (b) may
apply to the Administrator for a grant award under this section. Such
application shall demonstrate, to the satisfaction of the
Administrator, that--
``(1) the urban area will use funds awarded under this
section to develop or implement activities that support the
emergency management goals of the State in which an urban area
is located; and
``(2) the State has reviewed the application.
``(e) Allocation of Funds.--
``(1) In general.--The Administrator shall allocate funds to
each State in which an urban area selected to receive a grant
award under this section is located based on--
``(A) the population of each eligible urban area;
``(B) the relative level of risk of any hazard faced
by each eligible urban area; and
``(C) other factors as determined appropriate by the
Administrator.
``(2) Minimum allocation.--In determining the allocation
amount under paragraph (1), the Administrator may provide each
eligible urban area with a minimum allocation.
``(3) State distribution of funds.--
``(A) In general.--Not later than 45 days after the
date on which a State receives a grant award under this
section, the State shall provide each urban area
awarded a grant not less than 80 percent of the award
amount for such area. Any funds retained by a State
shall be expended on items, services, or activities
related to emergency preparedness that benefit such
urban area for activities described in subsection (f).
``(B) Funds retained.--A State shall provide each
urban area awarded such a grant with an accounting of
the items, services, or activities on which any funds
retained by the State under subparagraph (A) were
expended.
``(4) Interstate urban areas.--If an urban area selected to
receive a grant award under this section is located in 2 or
more States, the Administrator shall distribute to each such
State a portion of the grant funds that the Administrator
determines to be appropriate.
``(f) Uses of Funds.--An urban area that receives a grant award under
this section may use funds only for activities determined by the
Administrator to enhance the preparedness of an urban area for a
hazard, and shall include--
``(1) planning;
``(2) purchase and maintenance of equipment;
``(3) training;
``(4) exercises; and
``(5) management and administration.
``(g) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue regulations to
implement the urban area all hazards preparedness grant program under
this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $525,000,000 for fiscal year 2010;
``(2) $575,000,000 for fiscal year 2011; and
``(3) $650,000,000 for fiscal year 2012.''.
Purpose of the Legislation
H.R. 1174, the ``FEMA Independence Act of 2009'', as
amended, re-establishes the Federal Emergency Management Agency
(FEMA) as an independent, cabinet-level agency reporting
directly to the President.
Background and Need for Legislation
FEMA is the Federal Government's lead agency for preparing
for, mitigating, responding to, and recovering from disasters
and emergencies from all hazards, whether natural or man-made.
Prior to the creation of the Department of Homeland Security
(DHS) in 2003, FEMA was an independent agency responsible for
coordinating and administering, on behalf of the President, the
Federal Government's assistance to States and local governments
whose citizens and communities are affected by disasters. Since
2003, when the agency was subsumed into DHS, FEMA's ability to
perform its emergency management mission and provide disaster
assistance has deteriorated sharply.
Congress has enacted changes on several occasions to
bolster FEMA's role within DHS, most comprehensively in the
Post-Katrina Emergency Management Reform Act of 2006 (Post-
Katrina Act).\1\ These legislative solutions have not
sufficiently improved FEMA's ability to make independent and
timely decisions, to exercise full authority and control over
resources, and to successfully operate within the DHS structure
as a distinct Federal entity responsible for emergency
management. By removing FEMA from the deep and layered
bureaucracy within DHS, H.R. 1174 restores FEMA as a nimble and
effective agency capable of coordinating the entire Federal
Government's disaster response on behalf of the President.
---------------------------------------------------------------------------
\1\Department of Homeland Security Appropriations Act, 2007, Pub.
L. No. 109-295, Title VI, 120 Stat. 1394 (2006).
---------------------------------------------------------------------------
HISTORY OF FEMA
Prior to the creation of FEMA, disaster management
functions were scattered across the Federal Government. Ad-hoc
disaster programs were created in different departments and
during disasters they operated in an uncoordinated, stove-piped
fashion. FEMA was created on April 1, 1979, by Reorganization
Plan No. 3 of 1978 and Executive Order 12127. As President
Carter stated when he proposed the agency: ``For the first
time, key emergency management and assistance functions would
be unified and made directly accountable to the President and
Congress''.\2\ The agency was intended to function on an ``all
hazards'' basis, combining preparedness, response, recovery,
and mitigation functions from throughout the Federal
Government. FEMA's all hazards mission included natural
disasters, terrorism, and Cold War civil defense preparedness.
The all hazards approach served the agency well as it
transitioned out of Cold War civil defense in the 1990s. In
1994, the provisions of the Federal Civil Defense Act of 1950
were incorporated into a new Title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act).\3\
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\2\Message of President Carter to Congress Transmitting
Reorganization Plan No. 3 of 1978, H.R. Doc. No. 95-356, at 1129
(1978).
\3\National Defense Authorization Act for Fiscal Year 1995, Pub. L.
No. 103-337, Sec. 3411, 108 Stat. 3100 (1994).
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FEMA functioned as an independent agency reporting directly
to five Presidents from 1979 until 2003. During the Clinton
Administration, the Director of FEMA,\4\ James Lee Witt, became
a member of the President's Cabinet. As an independent agency,
FEMA responded to a wide range of natural and man-made
disasters including Hurricane Andrew, the Northridge
Earthquake, the 1993 Midwest floods, the 1995 bombing of the
Alfred P. Murrah Federal Building in Oklahoma City, and both
the 1993 and 2001 attacks on the World Trade Center. FEMA was
considered a successful government agency in its last ten years
as an independent agency, under both President Clinton and
President Bush. In fact, when DHS was proposed in 2002, FEMA
was held up as a necessary core component of the Department.\5\
FEMA became part of the newly-created DHS on March 3, 2003,
pursuant to the Homeland Security Act of 2002.\6\ As a result,
President Bush delegated to the Secretary of DHS the
responsibility for administering most of the provisions of the
Stafford Act and other FEMA authorities.\7\
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\4\Prior to April 1, 2007, the Administrator of FEMA was referred
to as the Director of FEMA.
\5\Christopher Cooper and Robert Block, Disaster Hurricane Katrina
and the Failure of Homeland Security, (2006) at 76.
\6\Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat.
2135 (2002).
\7\Executive Order 13286 of February 28, 2003: Amendment to
Executive Orders, and Other Actions, in Connection with the Transfer of
Certain, 68 Fed. Reg. 10619 (March 5, 2003).
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FEMA PROGRAMS
FEMA's primary authority in carrying out its preparedness,
mitigation, response, and recovery functions is the Stafford
Act.\8\
---------------------------------------------------------------------------
\8\42 U.S.C. Sec. 5121-5207.
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FEMA is best known for its programs that provide assistance
to communities and citizens in the wake of a disaster. FEMA's
major programs for disaster recovery are the Public Assistance
program and the Individual Assistance program. The Public
Assistance program reimburses State and local emergency
response costs and provides grants to State and local
governments as well as certain private non-profit organizations
to rebuild facilities. The Individual Assistance program
provides assistance to families and individuals impacted by
disasters, including housing assistance and disaster-related
dental, medical, and funeral costs. Additional assistance
available under the Individual Assistance program includes
unemployment assistance, disaster food stamps, disaster legal
services, and crisis counseling. Both before and after
disasters, FEMA also provides grants to communities to reduce
the risk of future damage, hardship, and loss from all hazards
through the Pre-Disaster Mitigation program and the (post-
disaster) Hazard Mitigation Grant program, both authorized by
the Stafford Act.
In addition to the agency's disaster work, the United
States Fire Administration, the National Fire Academy, the
Emergency Management Institute, the National Flood Insurance
Program, and the Federal Government's programs for continuity
of operations and continuity of government are housed within
FEMA.
SIGNIFICANCE OF DISASTER RELIEF
While the September 11, 2001, terrorist attacks refocused
our nation's attention on the threat of terrorism and
significantly changed our society, the most imminent threats to
most communities around the country continue to be natural
disasters. The nation still faces the same threats from fires,
floods, tornadoes, hurricanes, and other disasters currently as
before the events of September 11.
In addition, disaster relief is a significant portion of
the Federal budget. From fiscal years (FY) 2000 to 2009,
Congress appropriated $83.41 billion for the Disaster Relief
Fund in response to disasters and emergencies declared by the
President under the Stafford Act.\9\ In addition, the National
Flood Insurance Program, administered by FEMA, paid over $27.6
billion in claims for flood damage during that same time.\10\
Over the past ten years, private insurance has paid more than
$173 billion in claims for natural disasters.\11\ These amounts
do not include funds spent in connection with the September 11
attacks. Therefore, about $284 billion was expended over the
last decade in response to natural disasters. This does not
count the costs borne by States, local governments, and private
citizens.
---------------------------------------------------------------------------
\9\Email from Bruce Lindsay and Francis McCarthy, Congressional
Research Service (December 8, 2009).
\10\Email from FEMA (December 3, 2009).
\11\Property Casualty Insurers Association of America (November
2009).
---------------------------------------------------------------------------
According to FEMA records, since 2000, the President has
declared only two major disasters because of terrorist attacks,
but declared more than 500 disasters because of natural
hazards. Despite this fact, relatively few of the nation's
preparedness funds have been distributed for core all hazards
preparedness but have been funneled instead to terrorism-
specific activities. At an April 2007 hearing of the
Subcommittee on Economic Development, Public Buildings, and
Emergency Management,\12\ witnesses identified the enormous
disparity in funding between terrorism preparedness and
emergency management preparedness. Between FY 2002 and FY 2010,
the Federal Government has appropriated 10 times more for
terrorism preparedness ($21 billion) than for core emergency
management preparedness ($2 billion).\13\
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\12\The Federal Emergency Management Agency's Preparedness and
Response to All Hazards, Before the Subcomm. on Economic Development,
Public Buildings, and Emergency Management of the H. Comm. on
Transportation and Infrastructure (2007).
\13\Email from Shawn Reese, Congressional Research Service
(November 24, 2009).
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EFFECTIVE EMERGENCY MANAGEMENT
There are many elements of an effective emergency
management system. These elements include the ability to
respond quickly, effectively, and flexibly, as well as the
ability to make quick decisions or provide information directly
to key executive decision makers (e.g., the President, a
Governor, or a Mayor). Emergency management is also a
collaborative enterprise between local, State, and Federal
agencies and officials. Emergency management is based on our
Federal (as opposed to national) legal and political systems,
whose authority resides predominately at the State and local
level.\14\ Emergency management functions on the premise that
all events begin at the local level and that States and the
Federal Government provide support to those local efforts if
and when the situation warrants. This approach distinguishes
emergency management from homeland security, which is based on
a more top-down, law enforcement model where the Federal
Government is the lead in most areas, such as protecting our
borders, immigration, and aviation security.
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\14\Thomas A. Birkland, Disasters, Catastrophes and Policy Failure
in the Homeland Security Era, 26 Review of Policy Research 429 (2009).
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Contemporary emergency management also employs an all
hazards approach and integrates all phases of emergency
management: preparedness, response, recovery and mitigation. An
all hazards approach is based on the premise that communities
do not need to prepare separately for each kind of threat, but
as President Carter recognized when FEMA was created, it is
best to work on an ``all hazard basis to take advantage of the
similarities in preparing for and responding to the full range
of potential emergencies''.\15\ The essential elements of
preparedness, response, and recovery are the same regardless of
the type of event. Whether a building collapses from a bomb, a
pipeline explosion, or an earthquake, the rescue and the debris
removal are the same. The evacuation of a community is largely
the same whether due to a hurricane, a heightened threat of a
terrorist attack, or a hazardous materials incident. While the
specific assets needed to respond to each disaster will differ,
the methods and systems to effectively manage a disaster are
the same. Testimony from emergency managers and others before
the Subcommittee on Economic Development, Public Buildings, and
Emergency Management, has supported an all hazards approach as
the best course for effective emergency management.\16\
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\15\H.R. Doc. No. 95-356, at 1129 (1978).
\16\FEMA's Preparedness and Response to All Hazards, Before the
Subcomm. on Economic Development, Public Buildings, and Emergency
Management of the H. Comm. on Transportation and Infrastructure, 110th
Cong. (2007).
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Crisis management versus consequence management
A distinction between the two phases of dealing with a
terrorist event has evolved to distinguish between the roles of
law enforcement and emergency management. These two phases are
known as ``crisis management'' and ``consequence management''.
Under this construct, law enforcement agencies (e.g., the
Federal Bureau of Investigation and now DHS) are responsible
for crisis management, or preventing terrorist activity and the
prosecution of those who carry it out. Crisis management is
often called ``prevention and protection''. In this phase,
dealing with terrorism is different than other threats our
nation faces, and this is the focus of many other entities and
agencies within DHS. It includes protecting our borders, our
transportation systems, our communities, and our
infrastructure, as well as working closely with other law
enforcement and intelligence agencies. FEMA does not contribute
materially to this prevention and protection mission.
Conversely, emergency managers are responsible for
consequence management, or preparedness, response, recovery,
and mitigation, regardless of the cause of a particular
incident, including a terrorist act. From its inception, FEMA
was given a key role in the ``[c]oordination of preparedness
and planning to reduce the consequences of major terrorist
incidents''.\17\ Consequence management entails planning for a
wide range of hazards, regardless of cause, to ensure a
community is prepared and able to mount an effective response
and recovery effort when disaster strikes.
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\17\H.R. Doc. No. 95-356, at 1129 (1978).
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This division of responsibilities worked well in the
aftermath of the 1995 bombing of the Alfred P. Murrah Federal
Building in Oklahoma City and both the 1993 and the 2001
attacks on the World Trade Center. FEMA responded to each of
these events as an independent agency and used its all hazards
authority under the Stafford Act. Therefore, prior experience
indicates that no separate systems are needed to manage the
consequences of a terrorist attack versus a natural disaster.
FEMA'S PERFORMANCE IN DHS
Oversight conducted by the Committee on Transportation and
Infrastructure since 2003 has shown how FEMA's effectiveness
deteriorated after FEMA was incorporated into DHS. Upon FEMA's
absorption into DHS, vacancies went unfilled and FEMA was
reorganized three times from 2003 to 2005. Each reorganization
resulted in a loss of programs and staff that were critical to
FEMA's all hazards mission.\18\
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\18\H.R. Rep. 109-519 Part 2, at 21.
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In the aftermath of the poor Federal response to Hurricanes
Katrina and Rita in 2005, Congress enacted the Post-Katrina
Act. This law attempted to enhance FEMA's authority within DHS.
While there has been some improvement, FEMA continues to lack
the autonomy to function as a ``distinct entity'' within DHS,
as required by law. This lack of autonomy has continued to
hamper the agency's performance.
The nation witnessed the tragic consequences of the
breakdown of FEMA operations during the inadequate Federal
response to Hurricanes Katrina and Rita in 2005. Delays in the
immediate response in the days following Hurricane Katrina left
people stranded without food, water, or shelter and living in
fear for their safety, their security, and their lives. To this
day, many communities in Louisiana have still not recovered
from these disasters, and continue to need public assistance,
illustrating that the catastrophic response was followed by an
ineffective recovery effort.
While Katrina was the most significant and memorable
example, other examples indicate FEMA's performance continues
to be deficient. The 2008 season was the first hurricane season
of significance since Hurricanes Katrina and Rita in 2005. In
the aftermath of Hurricane Ike in 2008, residents and
communities in Texas experienced significant shortcomings in
the delivery of recovery assistance. For example, FEMA was long
delayed in developing the National Disaster Housing
Strategy\19\ to ensure a plan for safe and sanitary housing as
required by Congress after Hurricane Katrina.\20\ Without the
required planning completed, FEMA was unprepared, in the
aftermath of Hurricane Ike, to meet the short- and long-term
housing needs of the hundreds of thousands of victims who
needed housing assistance.
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\19\The National Disaster Housing Strategy was due in July 2007 and
was issued on Friday, January 16, 2009, the last business day of the
Bush Administration.
\20\6 U.S.C. Sec. 772.
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Debris removal operations were also slow to get underway,
as noted publicly by the Governor of Texas and other public
officials.\21\ Months after the disaster, critical debris
removal operations had still not begun. This is contrasted with
the debris removal operation at the World Trade Center site
after the September 11, 2001, attacks, which occurred while
FEMA was still an independent agency. According to FEMA, major
debris removal operations for that disaster were completed on
time and under budget.
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\21\Texas Residents Watch Hurricane Ike Debris Mount, National
Public Radio: All Things Considered (December 9, 2008).
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IMPEDIMENTS FACING FEMA IN DHS
Transfer of personnel and resources
In addition to the transfer of functions and programs, upon
FEMA's incorporation into DHS, personnel were transferred from
FEMA to other agencies within DHS and funds were cut and
distributed elsewhere within the Department. The transfer of
these funds has been referred to as ``DHS taxes'' within the
Department. This approach left FEMA without its most seasoned
and knowledgeable staff and bereft of funds and other resources
needed for an effective response to Hurricane Katrina. For
example, information provided to the Committee in response to
questions from a hearing on an independent FEMA documented more
than $200 million in ``taxes'' paid to DHS and a reduction of
tens of millions of dollars in FEMA's base budget.\22\ This
resulted in hundreds of staff vacancies before Hurricane
Katrina, as FEMA did not have the funds to pay for authorized
positions. In addition, many of the personnel charged with
overseeing FEMA had little or no experience in emergency
management.
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\22\An Independent FEMA: Restoring the Nation's Capabilities for
Effective Emergency Management and Disaster Response, Before the H.
Comm. on Transportation and Infrastructure (May 14, 2009).
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Congress created a statutory ``wall'' around FEMA in the
Post-Katrina Act to prevent the transfer of resources out of
FEMA.\23\ Unfortunately, this has not been sufficient to
protect the agency from having DHS manage its resources. DHS,
in its FY 2010 budget request, proposed to transfer 17
positions out of FEMA and into the Office of the Secretary. The
FY 2010 Department of Homeland Security Appropriations Act
transferred these positions.\24\
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\23\6 U.S.C. Sec. 316(b)-(d).
\24\H.R. Rep. 111-298 at 54.
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Shift in FEMA's mission to terrorism
Previous hearings and other information provided to the
Committee have raised concerns that changes made by DHS to FEMA
programs continue to shift FEMA's mission from all hazards
toward terrorism at the expense of natural disasters and other
emergencies. For example, changes to two Federal grant programs
that previously helped build basic emergency management and
firefighting capabilities in communities around the country,
Emergency Management Performance Grants (EMPG) and Fire Grants,
illustrate this trend.
Since FEMA became part of the Department, DHS has attempted
to change the focus of EMPG to a terrorism preparedness program
rather than its longstanding purpose of basic emergency
management capacity building. For instance, DHS requires States
and localities to agree to spend a portion of EMPG funds on
DHS-mandated planning scenarios that are focused on terrorism.
DHS also mandates that grants be sent through State homeland
security officials (SAAs) rather than continuing the
longstanding practice of providing funds directly to emergency
managers. This trend continued in the President's FY 2010
Budget request, which proposed that funding for the EMPG
program be combined with terrorism-specific programs.
Concerns have also been raised about the Fire Grant
program, which under its authorizing statute is designed to
build and enhance basic firefighting capability and enhance
firefighter safety in communities across the nation.\25\
However, under DHS, fire departments have been expected to show
a nexus to terrorism to receive grants. Further, DHS budget
requests, including the FY 2010 request, have attempted to
prioritize certain aspects of the program to fund activities
that have a nexus to terrorism and to focus funds on
communities with a greater risk of terrorism.
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\25\15 U.S.C. Sec. 2229.
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Reduction in FEMA's decision-making power
Quick decision-making and the flexibility to shift focus as
events change are two fundamental hallmarks of successful
emergency management. Without the authority to make final
decisions, an agency cannot be effective. Within DHS, FEMA
officials have had to run all decisions through the Secretary
of Homeland Security. This chain of command has been used to
make major decisions including announcements of major policy
changes. Further, statements of DHS and FEMA officials have
indicated that major decisions have been made or approved in
the Office of the Secretary, notwithstanding the provisions of
the Post-Katrina Act that make FEMA autonomous as a distinct
entity.\26\ FEMA has also had to work through the Secretary to
access non-FEMA Federal resources in a response effort. These
impediments did not exist when FEMA was an independent agency,
and raises concerns about the impact on the speed and
flexibility of services that are provided to citizens and
communities following a disaster.
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\26\6 U.S.C. Sec. 316.
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DHS duplicates capacities and functions of FEMA
DHS has created separate and redundant functions under the
direct control of the Secretary of DHS to perform functions
that by law are the sole responsibility of FEMA. These are not
only in contradiction to the law, but also to FEMA's all
hazards approach and the need for clear leadership and
authority identified after Hurricane Katrina. A recurring
example that stands to have a significant impact on response to
a disaster is the appointment of Principal Federal Officials
(PFOs). PFOs are an administrative creation of DHS. However, by
law, the President, acting through FEMA, is authorized to
appoint a Federal Coordinating Officer (FCO) to be the lead
Federal official in response to major disasters and
emergencies.\27\ The confusion regarding the roles of these
different Federal officials and the resulting lack of clear
authority was widely criticized as a factor in the failed
response to Hurricane Katrina.\28\ As a result, Congress
enacted several laws after Hurricane Katrina\29\ that
prohibited the Secretary from appointing PFOs in major
disasters and emergencies. Notwithstanding these prohibitions,
DHS has continued this structure. DHS has justified the
appointment of a PFO by relying on Homeland Security
Presidential Directives (HSPDs), administrative documents
created by the Bush Administration. These administrative
provisions conflict with and, in some cases, have been
superseded by subsequent laws.
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\27\Section 302 of the Stafford Act, 42 U.S.C. Sec. 5143.
\28\H.R. Report 109-519, Part 2 at 22.
\29\6 U.S.C. Sec. 319(c)(2); Consolidated Appropriations Act, 2008,
Pub. L. No. 110-161, Division E, Title III, Sec. 541, 121 Stat 2079
(2007); Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009, Pub. L. No. 110-329, Division D, Title V,
Sec. 526, 122 Stat 3686 (2008).
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For example, DHS pre-designated individuals to serve as
PFOs for disasters during the 2008 Hurricane season.\30\ More
recently, the Committee obtained information that DHS planned
to use PFOs and their support teams for a potential response to
the H1N1 virus.\31\ DHS did this even while acknowledging the
statutory prohibitions and the intent of Congress.\32\ DHS
attempted to avoid the statutory prohibition by changing the
name of these teams to ``Regional Coordination Teams''.
Recently, DHS acknowledged planning for an H1N1 pandemic was in
violation of law and sought the Committee's concurrence in
waiving the prohibition on appointment of PFOs for pandemic
flu. The Department expressed concerns about having to
reposition and restructure teams already in place just before
the potential outbreak of a pandemic. The FY 2010 Homeland
Security Appropriations conference report included language
granting a waiver from the statutory prohibition against
appointment of PFOs for Fiscal Year 2010, provided the
Secretary of Homeland Security complies with certain
conditions.\33\
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\30\Memorandum of then-Secretary of Homeland Security Michael
Chertoff, Pre-Designated Principal Federal Officials and Federal
Coordinating Officers for the 2008 Hurricane Season (May 23, 2008).
\31\Decision Memorandum from Roger Rufe, Director of Office of
Operations Coordination and Planning, to Secretary of Homeland
Security, Employment and Activation of Field Teams for H1N1 Operations
(June 4, 2009).
\32\Id. at 5.
\33\Department of Homeland Security Appropriations Act, 2010, Pub.
L. No. 111-83, Sec. 522, 123 Stat. 2172-2173 (2009).
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Another separate and redundant function is the Office of
Operations Coordination which reports directly to the Secretary
of DHS. This office is housed outside of FEMA, but has been
given key response and preparedness responsibilities. Homeland
Security Presidential Directive-5 (HSPD-5) was signed by
President Bush on February 28, 2003 (three days before FEMA was
incorporated into DHS). It provided that the Secretary of
Homeland Security was in charge of ``incident management'' for
the Federal Government. Incident management is commonly
recognized to be an element of response, one of the four phases
of emergency management.\34\ Therefore, Congress enacted
subsequent laws that made it clear that FEMA was responsible
for all phases of emergency management, and that those
functions should be moved into FEMA.\35\ DHS justifies
maintaining duplicate capabilities and responsibilities at the
Office of Operations Coordination, outside of FEMA, by re-
defining incident management as being separate from rather than
a critical element of emergency management,\36\ notwithstanding
specific statutory language that includes the incident
management elements of response as part of FEMA.\37\
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\34\An Independent FEMA: Restoring the Nation's Capabilities for
Effective Emergency Management and Disaster Response, Before the H.
Comm. on Transportation and Infrastructure (May 14, 2009) (Letter of
Larry Gispert, Past President International Association of Emergency
Managers dated Nov. 18, 2009).
\35\6 U.S.C. Sec. 313 and 6 U.S.C. Sec. 314.
\36\National Response Framework, (Jan. 2008) at 25, 54, and 55.
\37\6 U.S.C. Sec. 319(c).
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Similarly, the Office of the Federal Coordinator for Gulf
Coast Rebuilding was created by President Bush in an Executive
Order,\38\ and resides in DHS headquarters, not FEMA. Under the
Post-Katrina Act, the Administrator of FEMA is designated as
the principal advisor to the President and the Secretary for
``all matters related to emergency management'', including
recovery.\39\ Therefore, the duties for this DHS office should
reside with the Administrator of FEMA. The office of Gulf Coast
Rebuilding continues to exist in the office of the Secretary,
and the FY 2010 budget proposed $2 million for the office,
including an increase in staff. The Fiscal Year 2010 Department
of Homeland Security Appropriations Act granted the office $2
million.\40\ The Executive Order for this office was set to
expire on February 28, 2009; it has been extended twice by
President Obama, first to September 30, 2009, and then to April
1, 2010.\41\
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\38\Executive Order 13390 of November 1, 2005: Establishment of a
Coordinator of Federal Support for the Recovery and Rebuilding of the
Gulf Coast Region, 70 Fed. Reg. 67327 (Nov. 4, 2005).
\39\6 U.S.C. Sec. 313(c)(4).
\40\Department of Homeland Security Appropriations Act, 2010, Pub.
L. No. 111-83, 123 Stat. 2144 (2009).
\41\Executive Order 13504 of February 20, 2009: Amending Executive
Order 13390, 74 Fed. Reg. 8431 (Feb. 24, 2009). Executive Order 13512
of September 29, 2009: Amending Executive Order 13390, 74 Fed. Reg.
50911 (Oct. 2, 2009).
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Summary of the Legislation
Section 1. Short title; table of contents
Section 1 designates the short title of the bill as the
``FEMA Independence Act of 2009'' and sets out the table of
contents for the bill.
Sec 2. Definitions
Section 2 sets forth definitions for the following terms
used in the bill:
Administrator--The term ``Administrator'' means
the Administrator of FEMA.
Agency--The term ``Agency'' means the Federal
Emergency Management Agency.
Emergency--The term ``emergency'' has the same
meaning as that term has in section 102 of the Stafford Act.
Emergency Management--The term ``emergency
management'' means preparedness for, response to, recovery
from, and mitigation of hazards.
Hazard--The term ``hazard'' has the same meaning
as that term has in section 602(b) of the Stafford Act.
Major Disaster--The term ``major disaster'' has
the same meaning as that term has in section 102 of the
Stafford Act.
TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY
Sec. 101. Establishment of independent agency
Subsection (a) of section 101 establishes FEMA as a
cabinet-level, independent agency.
Subsection (b) provides that the primary mission of the
agency is reducing the loss of life and property, and
protecting the nation from hazards by leading and supporting a
comprehensive emergency management system of preparedness,
response, recovery, and mitigation.
Sec. 102. Administrator; deputy administrator; and other officials of
the agency
Subsection (a) of section 102 requires FEMA to be headed by
an Administrator, appointed by the President with the advice
and consent of the Senate. The Administrator shall have
extensive experience in emergency preparedness, response,
recovery, and mitigating hazards.
Subsection (b) establishes the position of Deputy
Administrator who shall also have extensive experience in
emergency preparedness, response, recovery, and mitigation from
hazards.
Subsection (c) establishes six Assistant Administrators
appointed by the Administrator with duties determined by the
Administrator. Each Assistant Administrator shall have
demonstrated ability in and knowledge of emergency management
or other fields related to their position.
Subsection (d) establishes 10 FEMA regional offices,
consistent with the current 10 regional offices of the Agency.
Each regional office shall be headed by a Regional
Administrator who is appointed by the Administrator. The
Regional Administrators shall have demonstrated ability in and
knowledge of emergency management as well as familiarity with
the geographical area and demographic characteristics of the
population served by the Regional Office.
Subsection (e) authorizes an Area Office for the Pacific,
an Area Office for the Caribbean, and an Area Office in Alaska
as components in the appropriate Regional Offices. These
offices currently exist as part of FEMA's regional office
structure. The Area Office for the Pacific is located in
Honolulu, Hawaii; the Area Office for the Caribbean is located
in San Juan, Puerto Rico; and the Area Office for Alaska is
located in Anchorage, Alaska. The Committee expects that these
offices will remain in Hawaii, Puerto Rico, and Alaska.
Sec. 103. Authority and responsibilities
Subsection (a) of section 103 provides that FEMA will lead
the Federal Government's efforts to prepare for, respond to,
recover from, and mitigate hazards.
Subsection (b) provides that the Administrator shall assist
the President in carrying out the functions under the Stafford
Act and shall carry out all the functions and authorities given
to the Administrator by this bill.
Subsection (c) spells out the mission of the agency in
mitigation, preparedness, response, and recovery.
Subsection (d) provides for the duties of the agency in
managing the Federal response to hazards. FEMA is charged with
coordinating the Federal Government's response to hazards,
building a comprehensive national incident management system,
administering the National Response Plan, and helping to ensure
the acquisition of operable and interoperable communications by
Federal, State, local and tribal governments and emergency
response providers.
Subsection (e) provides that the Administrator is
responsible for the Federal Government's programs for
continuity of operations, continuity of government, and
continuity of plans.
Subsection (f) describes additional duties of the
Administrator including: coordinating the National Advisory
Council authorized by this bill; maintaining and operating the
National Response Coordination Center; developing and
maintaining a national emergency management system; and
supervising the Agency's grant programs.
Subsection (g) requires that, in carrying out the
responsibilities under this section, the Administrator shall
use an all hazards approach.
Sec. 104. Office of the Inspector General
Section 104 re-establishes the FEMA Office of Inspector
General.
Sec. 105. Transfer of functions
Subsection (a) of section 105 provides for the transfer to
the Administrator of FEMA all functions of the Agency
including, all functions of FEMA as of January 1, 2009,
continuity of operations and continuity of government, and any
function that was required to be transferred to the Agency by
the Post-Katrina Act that has not yet been transferred.
The functions also include all of the functions of the
Agency under current law, including carrying out the following:
The Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
The National Flood Insurance Act of 1968;
The Earthquake Hazards Reduction Act;
The National Dam Safety Program Act;
The Federal Fire Prevention and Control Act;
Reorganization Plan No. 3 of 1978;
Section 612 of the Security and
Accountability For Every Port Act of 2006; and
Title III of the McKinney-Vento Homeless
Assistance Act.
Subsection (b) requires the transfer to the Inspector
General of FEMA all of the functions relating to the Office of
the Inspector General that were transferred from FEMA to DHS on
or after January 1, 2003.
Subsection (c) provides that the following functions shall
not be affected by H.R. 1174 and shall remain within DHS:
The transit security grant program
authorized by section 1406 of the Implementing
Recommendations of the 9/11 Commission Act (6 U.S.C.
Sec. 1135);
The freight rail security grant program
authorized by section 1513 of the Implementing
Recommendations of the 9/11 Commission Act (6 U.S.C.
Sec. 1163);
The intercity rail passenger program
authorized by section 1513 of the Implementing
Recommendations of the 9/11 Commission Act (6 U.S.C.
Sec. 1163);
The intercity bus security grant program
authorized by section 1532 of the Implementing
Recommendations of the 9/11 Commission Act (6 U.S.C.
Sec. 1182);
The port security grant program authorized
by section 70107 of title 46, United States Code;
The prevention and protection components of
the Urban Area Security Initiative, authorized by
section 2003 of the Homeland Security Act (6 U.S.C.
Sec. 604);
The prevention and protection components of
the State Homeland Security Grant program, authorized
by section 2004 of the Homeland Security Act (6 U.S.C.
Sec. 605);
The trucking security grant program (P.L.
110-329; 122 Stat. 3671);
The buffer zone protection program (P.L.
110-329; 122 Stat. 3672); and
The commercial direct equipment direct
assistance program (P.L. 110-329; 122 Stat. 3672).
Urban areas will continue be eligible to receive funding
for preparedness and response activities that are components of
the Urban Areas Search Initiative (UASI) program as in effect
prior to the changes made by this subsection through a new
federal grant program, the Urban All Hazards Preparedness
Program, authorized by section 206 of H.R. 1174. States will be
eligible to receive funding for the preparedness activities
funded through State Homeland Security Grant Program (SHSGP)
prior to the changes made by this subsection through the EMPG
program (6 U.S.C. Sec. 762).
Subsection (d) provides that nothing in this Act shall be
construed to affect the appointment of the United States Fire
Administrator or the Federal Insurance Administrator.
Subsection (e) provides that transitions required under
this Act shall take place not later than 120 days from the date
of enactment of this Act.
Subsection (f) provides that the Administrator may use
services of the DHS in carrying out the transfers required
under this act and may use funds appropriated to such functions
to carry out the transfer for such a period of time as may
reasonably be needed to carry out the transfers.
Subsection (g) creates a liaison office to ensure
coordination with the Department of Homeland Security.
Sec. 106. Personnel and other transfers
Subsection (a) of section 106 authorizes the Administrator
to appoint officers and employees and obtain services of
experts and consultants. This provision does not affect the
authority of the Administrator to appoint temporary personnel,
experts, and consultants under section 306(b) of the Stafford
Act.
Subsection (b) allows the Administrator to delegate
functions except as prohibited by law.
Subsection (c) allows the Administrator to conduct
reorganizations provided that the Administrator provides
appropriate notice to Congress, at least 30 days written notice
in advance of the reorganization.
Subsection (d) authorizes the Administrator to promulgate
rules and regulations.
Subsection (e) authorizes the transfer and allocation of
personnel and appropriations to an independent FEMA.
Subsection (f) authorizes the Director of the Office of
Management and Budget to conduct incidental transfers to
implement the transfer provisions of this bill.
Subsection (g) provides that except as provided by this
Act, transfers of personnel shall not affect compensation or
cause employees to be separated for one year. Individuals
holding executive schedule positions shall be compensated at
not less than the rate of their previous position for the
duration of the service in their new position.
Sec. 107. Savings provisions
Subsection (a) of section 107 provides that existing legal
documents, proceedings, lawsuits, and administrative actions
shall be continued and shall not be affected by the transfers
authorized by H.R. 1174.
Subsection (b) clarifies that references to departments,
agencies or offices, or the heads of those entities, affected
by the transfers authorized by this bill shall be deemed to
refer to the department, agency, or office where such a
function is transferred.
Sec. 108. Offices and functions of the Department of Homeland Security
Subsection (a) of section 108 amends section 512(c) of the
Homeland Security Act (6 U.S.C. Sec. 321a(c)), which authorizes
certain activities for the SHSGP and the UASI programs, as
amended by this Act. As these programs will no longer be
administered by FEMA, this provision clarifies that the
Secretary of Homeland Security will administer section 512(c).
Subsection (b) maintains the existing Assistant Secretary
of Homeland Security for Cybersecurity and Communications in
DHS. This subsection removes emergency management functions
from the National Operations Center in DHS as those functions
will now be in FEMA, and makes it clear that the DHS operations
center shall not be provided any authority that overlaps with
FEMA, except to the extent necessary to coordinate activities
or information with FEMA.
Subsection (c) amends section 516 of the Homeland Security
Act (6 U.S.C. Sec. 321(e)) to clarify the homeland security
role of the Chief Medical Officer of DHS. This subsection also
adds FEMA to the list of agencies the Chief Medical Officer
coordinates with on behalf of DHS.
Subsection (d) repeals provisions of the Homeland Security
Act relating to FEMA as FEMA is no longer a component of DHS.
This includes section 505(b) of the Homeland Security Act,
which listed entities that were not to be transferred to FEMA
in 2007. As those entities are not included in the transfers
made by section 105 of this bill, this language is no longer
necessary.
Subsection (e) redesignates sections of the Homeland
Security Act to reflect the repeals in subsection (d).
Subsection (f) amends the title heading to Title V of the
Homeland Security Act to reflect changes made by H.R. 1174.
Subsection (g) amends the table of contents of the Homeland
Security Act to reflect the changes made by subsections (d) and
(e).
Sec. 109. Homeland security grants
Section 109 makes changes to UASI and SHSGP by removing the
preparedness and response elements of these programs. This
section provides the changes necessary to transfer the
preparedness and response elements of these programs into FEMA.
Subsection (a) removes the preparedness and response
elements of UASI as authorized under current law. These
elements will be administered by FEMA, and urban areas will be
eligible for grant funds through the new Urban Areas All
Hazards Preparedness Grant Program created by section 206 of
this Act.
Subsection (b) removes the preparedness and response
elements of SHSGP as authorized under current law. These
aspects will be administered by FEMA on an all hazards basis
and States will be eligible for grant funds through the EMPG
Program (6 U.S.C. Sec. 762).
Subsection (c) makes conforming amendments to remove
preparedness and response from section 2005(h) of the Homeland
Security Act (6 U.S.C. Sec. 606), which allows grants to be
made directly to eligible tribes under SHSGP.
Subsection (d) makes conforming amendments to remove
preparedness and response from a provision in section 2006 of
the Homeland Security Act (6 U.S.C. Sec. 607), which stipulates
that 25 percent of the funds for UASI and SHSGP are to be used
for terrorism prevention activities.
Subsection (e) makes conforming amendments to remove
preparedness and response from section 2007 of the Homeland
Security Act (6 U.S.C. Sec. 608), which prioritizes the
allocation of funds for UASI and SHSGP for areas with high risk
of terrorist attack.
Subsection (f) makes conforming amendments to remove
preparedness and response from section 2008 of the Homeland
Security Act (6 U.S.C. Sec. 609), which provides for the
authorized uses of funds under UASI and SHSGP.
Subsection (g) makes conforming amendments to section 2021
of the Homeland Security Act (6 U.S.C. Sec. 611), which
provides for regional coordination of funds for programs that
will no longer be administered by FEMA, including the elements
of UASI and SHSGP remaining in DHS.
Subsection (h) makes conforming amendments to section 2022
of the Homeland Security Act (6 U.S.C. Sec. 612), which
provides accountability of funds for programs that will no
longer be administered by FEMA, including the elements of UASI
and SHSGP remaining in DHS.
Subsection (i) makes additional conforming amendments to
Title XX of the Homeland Security Act, as the programs
authorized by this title will no longer be administered by the
Administrator of FEMA. Currently, FEMA administers all grants
for DHS, including UASI and SHSGP.
Sec. 110. Additional conforming amendments to Homeland Security Act of
2002
Section 110 provides for additional conforming amendments
to the Homeland Security Act of 2002.
Subsection (a) amends section 101 of the Homeland Security
Act (6 U.S.C. Sec. 111) to reflect changes to the mission of
DHS made by this bill.
Subsection (b) amends section 102 of the Homeland Security
Act (6 U.S.C. Sec. 112) to reflect changes to the functions of
the Secretary of DHS made by this bill. In addition, new
language is added clarifying that the role of the Secretary of
Homeland Security may not be construed to interfere with the
role of the Administrator of FEMA.
Subsection (c) amends section 103 of the Homeland Security
Act (6 U.S.C. Sec. 113) to remove the Administrator of FEMA
from the list of officers of DHS.
Subsection (d) amends section 214(g) of the Homeland
Security Act (6 U.S.C. Sec. 133(g)) to clarify that the
authority to issue warnings under that section shall not be
construed to limit or otherwise affect the authority of the
President or the Administrator of FEMA under section 202 of the
Stafford Act.
Subsection (e) amends section 223 of the Homeland Security
Act (6 U.S.C Sec. 143) by replacing ``Under Secretary for
Emergency Preparedness and Response'' with ``Administrator of
the Federal Emergency Management Agency'' each place it
appears. The position of ``Under Secretary for Emergency
Preparedness and Response'' was abolished by the Post-Katrina
Act.
Subsection (f) amends Title II of the Homeland Security Act
(6 U.S.C. Sec. 121 et seq.) by adding a new Subtitle E
``Consultation with Federal Emergency Management Agency'' and
two new sections. These amendments require the Secretary of
DHS, in carrying out Title II, to consult, as appropriate, with
the Administrator of FEMA; and clarify that nothing in Title II
may be construed to limit or otherwise affect the authority of
the Administrator of FEMA.
Subsection (g) repeals section 430 of the Homeland Security
Act (6 U.S.C. Sec. 238). This section relates to the Office of
Domestic Preparedness. This office became part of FEMA in 2007
in accordance with the Post-Katrina Act.
Subsection (h) amends section 707 of the Homeland Security
Act (6 U.S.C. Sec. 347), which authorizes the Quadrennial
Homeland Security Review by requiring the Secretary to consult
with the Administrator of FEMA. The section is also amended by
removing references to the National Response Plan and
preparedness activities that are no longer the responsibilities
of DHS under the amendments made by this Act.
Subsection (i) amends section 887 of the Homeland Security
Act (6 U.S.C. Sec. 467) to ensure that the Secretary of DHS and
the Secretary of the Department of Health and Human Services
coordinate with the Administrator of FEMA on matters related to
public health emergencies.
Subsection (j) amends section 903(a) of the Homeland
Security Act (6 U.S.C. Sec. 493(a)) by adding the Administrator
of FEMA to the membership of the National Homeland Security
Advisory Council.
Sec 111. Conforming amendments to Post-Katrina Emergency Management
Reform Act of 2006
Section 111 makes conforming amendments to the Post-Katrina
Act to reflect changes made by H.R. 1174. Many of these
technical changes remove references to DHS, which will no
longer have responsibility for these provisions.
Subsection (a) amends section 624 of the Post-Katrina Act
(6 U.S.C. Sec. 711), which addresses surge capacity force.
Subsection (b) amends section 640(a) of the Post-Katrina
Act (6 U.S.C. Sec. 727(a)), which addresses information
technology.
Subsection (c) amends section 641 of the Post-Katrina Act
(6 U.S.C. Sec. 741), which sets forth definitions.
Subsection (d) amends section 651 of the Post-Katrina Act
(6 U.S.C. Sec. 751), which addresses Federal response
capability.
Subsection (e) amends section 653 of the Post-Katrina Act
(6 U.S.C. Sec. 753) regarding Federal preparedness.
Subsection (f) amends section 624 of the Post-Katrina Act
(6 U.S.C. Sec. 771), which addresses the National Disaster
Recovery Strategy.
Subsection (g) amends section 689(d) of the Post-Katrina
Act (6 U.S.C. Sec. 773(a)), which addresses disaster relief and
individuals with disabilities.
Subsection (h) amends section 692 of the Post-Katrina Act
(6 U.S.C. Sec. 792), which provides limitations on
subcontracting.
Subsection (i) amends section 695 of the Post-Katrina Act
(6 U.S.C. Sec. 794), which addresses contracting.
Sec. 112. Conforming and technical amendments to other laws
Subsection (a) of section 112 makes conforming amendments
to the Chief Financial Officers Act to reflect the addition of
a Chief Financial Officer at FEMA.
Subsection (b) makes conforming amendments to the Inspector
General Act to reflect the addition of an Inspector General at
FEMA.
Subsection (c) makes technical corrections to the Stafford
Act to change references from ``Director'' to
``Administrator'', reflecting the change in the title for the
head of FEMA that took effect on April 1, 2007.
Sec. 113. Changes to administrative documents
Section 113 requires the President, within 180 days of the
date of enactment, to amend HSPD-5, Homeland Security
Presidential Directive 8 (HSPD-8), and similar administrative
documents to reflect changes made by H.R. 1174. The Committee
is concerned that these documents have not been amended to
reflect changes in law enacted in the Post-Katrina Act.
Sec. 114. Recommended legislation
Subsection (a) of section 114 requires the Administrator to
prepare recommended legislation containing additional technical
and conforming amendments to reflect the changes made by this
bill no later than 90 days after the transition period; the
transition period is 120 days after the date of enactment of
this Act.
Subsection (b) requires the Administrator to submit a
report to Congress on any recommended legislation.
TITLE II--RELATED MATTERS
Sec. 201. National Advisory Council
Section 201 provides that the Administrator shall continue
to maintain the National Advisory Council and provides for its
responsibilities and membership.
Subsection (a) maintains the National Advisory Council to
ensure effective and ongoing coordination of Federal
preparedness, response, recovery, and mitigation for hazards.
Subsection (b) authorizes the National Advisory Council to
advise the Administrator on all aspects of emergency
management.
Subsection (c) provides for the membership of the National
Advisory Council.
Subsection (d) provides that the Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the National Advisory
Council; however, the termination provisions under section
14(a)(2) of the Act shall not apply.
Sec. 202. National Integration Center
Subsection (a) of section 202 provides that the National
Integration Center (NIC) is established in FEMA.
Subsection (b) provides for the responsibilities of the
NIC, including the ongoing management and maintenance of the
National Incident Management System and the National Response
Plan.
Subsection (c) requires the Administrator to ensure that
the National Response Plan provides for a clear chain of
command to coordinate the Federal response to any hazard. This
subsection also abolishes the position of Principal Federal
Official.
Sec. 203. Credentialing and typing
Subsection (a) of section 203 requires the Administrator to
continue to implement a memorandum of understanding to develop
standards for deployment capabilities, including for
credentialing and typing of incident management personnel,
emergency response providers, and other personnel and resources
likely needed to respond to hazards.
Subsection (b) requires the Administrator to provide such
standards to each Federal agency with responsibilities under
the National Response Plan, and to State, local and tribal
governments.
Subsection (c) requires each Federal agency with
responsibilities under the National Response Plan to ensure
that Federal incident management personnel, emergency response
providers, and other personnel and resources likely needed to
respond to hazards are credentialed and typed in accordance
with this section.
Subsection (d) requires that standards for credentialing
health care professionals shall be done in consultation with
the Secretary of Heath and Human Services.
Subsection (e) defines the term credentialing for the
purposes of this section.
Sec. 204. Disability coordinator
Subsection (a) of section 204 requires the Administrator to
appoint a Disability Coordinator. This position currently exits
within FEMA.
Subsection (b) requires the Administrator to consult with
organizations representing individuals with disabilities, the
National Council on Disabilities, and the Interagency
Coordinating Council on Preparedness and Individuals with
Disabilities prior to the appointment of a Disability
Coordinator.
Subsection (c) permits the existing Disability Coordinator
on the date of enactment of this Act to continue to serve in
the position, at the discretion of the Administrator.
Sec. 205. Nuclear incident response
Subsection (a) of section 205 maintains existing authority
for the Administrator of FEMA to operate the Nuclear Incident
Response Team as an element of FEMA.
Subsection (b) clarifies that the responsibilities of the
Secretary of Energy and the Administrator of the Environmental
Protection Agency with respect to their respective entities in
the Nuclear Incident Response Team are not limited by this
section.
Sec. 206. Urban area all hazards preparedness grant program
Section 206 amends the Stafford Act to create, under
section 617 of the Stafford Act, a new all hazards preparedness
program for urban areas. This program will replace the
preparedness and response components of the UASI program.
Specifically, the new section 617 of the Stafford Act contains
the following subsections:
Subsection (a) of section 206 establishes the all hazards
nature of the program.
Subsection (b) establishes eligibility to include the 100
most populous metropolitan statistical areas and other
additional urban areas as determined by the Administrator of
FEMA.
Subsection (c) requires the Administrator, not later than
30 days before applications are accepted, to notify the chief
elected official of each eligible urban area and the Governor
of the State containing the urban area of the eligibility of
the urban area for a grant, as well as grant application
procedures and award criteria. The same notifications shall be
published in the Federal Register not less than 15 days before
the Administrator accepts applications.
Subsection (d) requires the application of an urban area to
demonstrate that the urban area will use funds to develop or
implement activities that support the emergency management
goals of the State, and the State has reviewed the application.
Subsection (e) provides for the allocation of funds for the
program. The Administrator shall allocate funds to States in
which each urban area is located by formula based on the
population of each eligible urban area, its relative level of
risk to any hazard, and other factors. Each eligible urban area
will receive a minimum allocation, to be determined by the
Administrator. The program funds shall be distributed through
the State, and not later than 45 days after the State receives
a grant. Eighty percent of the grant must be distributed to the
urban area. Any funds retained by the State must be used on
eligible items that benefit the urban area and the State must
provide an accounting for any funds it retains. If an urban
area is located in two or more states, the Administrator shall
distribute the funds to each State as the Administrator deems
appropriate.
Subsection (f) provides that the eligible uses for grant
awards shall be determined by the Administrator but shall
include: planning; purchase and maintenance of equipment;
training; exercises; and management and administration.
Subsection (g) requires the Administrator to promulgate
regulations to implement this program within 180 days of the
date of enactment.
Subsection (h) authorizes appropriations of $525 million
for FY 2010; $575 million for FY 2011; and $650 million for FY
2012 for the program.
Legislative History and Committee Consideration
In the 109th Congress, several bills were introduced to
restore FEMA to an independent, cabinet-level agency. Then-
Ranking Member James L. Oberstar introduced two bills: H.R.
3659, a bill to re-establish FEMA as an independent
establishment in the executive branch, and H.R. 4493, the
``Federal Emergency Management Restoration Act''. In addition,
the following bills were introduced to establish FEMA as an
independent agency: H.R. 3656, H.R. 3685, H.R. 3816, H.R. 5316,
S. 1615, and S. 2302. On May 17, 2006, the Committee on
Transportation and Infrastructure ordered H.R. 5316, as
amended, reported favorably to the House by voice vote. Some
provisions of H.R. 5316 were incorporated into the Post-Katrina
Emergency Management Reform Act of 2006.
In the 111th Congress, Chairman James L. Oberstar
introduced H.R. 1174, the ``FEMA Independence Act of 2009'' on
February 25, 2009. On May 14, 2009, the Committee on
Transportation and Infrastructure held a hearing, entitled ``An
Independent FEMA'', on FEMA independence and H.R. 1174. On
November 5, 2009, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1174. The
Committee ordered H.R. 1174, as amended, reported favorably to
the House by voice vote with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. During consideration of H.R. 1174, the Committee
adopted an amendment in the nature of a substitute to the bill.
There were no recorded votes taken in connection with
consideration of H.R. 1174, or ordering H.R. 1174, as amended,
reported. A motion to order H.R. 1174, as amended, reported
favorably to the House was agreed to by voice vote with a
quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation is to re-
establish the Federal Emergency Management Agency as an
independent, cabinet-level agency reporting directly to the
President.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R.
1174, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 11, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1174, the FEMA
Independence Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 1174--FEMA Independence Act of 2009
Summary: H.R. 1174 would remove the Federal Emergency
Management Agency (FEMA) from the Department of Homeland
Security (DHS) and make it a cabinet-level agency. Under the
bill, most of FEMA's current responsibilities would be
transferred from DHS to the agency within 120 days of
enactment. Several grant programs that FEMA currently
administers would remain with DHS.
H.R. 1174 would authorize the appropriation of $1.75
billion over the 2010-2012 period for an urban area all-hazards
preparedness grant program. In addition, CBO estimates that
appropriations totalling about $100 million over the next five
years would be necessary for FEMA to operate independently from
DHS and to establish a separate office of Inspector General
(IG). Assuming appropriation of the necessary and specified
amounts, CBO estimates that implementing H.R. 1174 would cost
$1.1 billion over the 2010-2014 period. Enacting this
legislation would not affect direct spending or revenues.
H.R. 1174 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of H.R. 1174 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Urban Area All-Hazard Preparedness Grants
Authorization Level............................ 525 575 650 0 0 1,750
Estimated Outlays.............................. 0 45 190 385 390 1,010
FEMA Administrative Expenses
Estimated Authorization Level.................. 0 24 25 26 26 101
Estimated Outlays.............................. 0 24 25 25 26 100
Total Changes
Authorization Level............................ 525 599 675 26 26 1,851
Estimated Outlays.............................. 0 69 215 410 416 1,110
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the middle of calendar year
2010 and that the amounts specified and estimated to be
necessary will be appropriated for each year. CBO estimates
that implementing H.R. 1174 would cost about $1.1 billion over
the next five years. This amount includes expenditures for
programs for which the legislation would explicitly authorize
appropriations, but does not include the ongoing costs of other
FEMA programs, such as disaster relief, which would continue
whether or not FEMA became an independent agency.
FEMA's mission and responsibilities
H.R. 1174 would establish FEMA as a separate entity from
DHS. In 2002, the Congress moved FEMA (which had previously
been an independent agency) under the Directorate of Emergency
Preparedness and Response within DHS. In 2006, the Congress
required that FEMA instead report directly to the Secretary of
DHS, rather than through the Preparedness Directorate, and
authorized the Administrator of FEMA to report directly to the
President in the event of a disaster. Under the bill, FEMA
would be an independent, cabinet-level agency.
Under H.R. 1174, the primary mission and responsibilities
of FEMA would essentially remain unchanged (although it is
unclear whether certain changes in the statute would affect the
activities FEMA and DHS undertake, particularly as they relate
to acts of terrorism). Under current law, FEMA's primary
responsibilities are to prepare for, protect against, respond
to, and aid in the recovery of all types of disasters,
including natural disasters, acts of terrorism, and other man-
made disasters. Most of the spending for these activities comes
from the Disaster Relief Fund. Spending from the fund totalled
about $63 billion over the past five years, more than half of
which occurred in response to the 2005 Gulf Coast hurricanes.
In addition, FEMA manages the National Flood Insurance Program,
the U.S. Fire Administration, and a number of security-related
grant programs. Under the bill, most of these functions would
remain with FEMA. DHS would retain authority over certain other
programs concerned with preparing for and protecting against
acts of terrorism, including the State Homeland Security
Program (SHSP) and the Urban Area Security Initiative (UASI);
however funding for these programs retained by DHS could no
longer be used to respond to natural disasters. In addition,
the bill would remove other functions related to disaster
recovery from the responsibilities of DHS.
Urban area all-hazard preparedness grants
H.R. 1174 would authorize appropriations totalling $1.75
billion over the 2010-2012 period for FEMA to establish an
urban area all-hazards grant program. The program would provide
states with funding to enhance the preparedness of urban areas
through purchase and maintenance of equipment, planning,
training, and exercises. Funds would be allocated to states
based on risk, population, and other factors identified by
FEMA.
For 2010, the Congress provided $1.8 billion to FEMA for
SHSP and UASI, which may be used for similar purposes (see
Public Law 111-83). The Congress also authorized the
appropriation of $4.4 billion for fiscal years 2011 and 2012
and such sums as may be necessary thereafter, for both programs
(see Public Law 110-53). Because SHSP and UASI would remain
within DHS, CBO assumes that there would be no change to the
amounts already appropriated or authorized to be appropriated
under this legislation.
Based on the historical spending patterns of similar grant
programs operated by FEMA, CBO estimates that implementing this
provision would cost $1.0 billion over the next five years,
assuming appropriation of the specified funds, with the
remainder of the $1.75 billion total spent after 2014.
FEMA administrative expenses
CEO estimates that new senior positions would be needed to
manage an independent FEMA. Additional staff also would be
necessary to provide support--for example, in acquisitions,
information technology, and human resources--that would have
been provided by DHS or shared across several agencies.
Currently, FEMA has more than 3,700 full time employees and
4,000 standby disaster assistance employees located in the
Washington Metropolitan area and throughout the 10 regions of
the country. DHS has more than 225,000 employees across a
variety of agencies and functions. CBO estimates that
additional expenses for salaries and benefits, space,
equipment, and other costs related to operating as an
independent agency would total roughly $6 million annually
beginning in 2011. If the agency were to reorganize,
consolidate its employees, or acquire a new headquarters, these
costs would be significantly higher, though this bill does not
include a specific authorization for that purpose.
H.R. 1174 also would authorize FEMA to establish an
Inspector General office (IG). We assume that the new office
would be larger in size and scope than the office operated by
FEMA prior to 2003. (In 2002, FEMA's IG office had a budget of
$10 million.) Based on the expenditures of the DHS IG office,
including the Office of Emergency Management Oversight, CBO
estimates that the new office would add nearly $20 million
annually to the agency's administrative costs, beginning in
2011.
All told, assuming appropriation of the necessary funds,
CBO estimates that the operation of an independent FEMA,
including a separate IG office, would cost $100 million over
the 2010-14 period.
Intergovernmental and private-sector impact: H.R. 1174
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Assuming appropriation of the authorized
amounts, state and local governments would receive about $1
billion over fiscal years 2010 through 2014 to prepare for
disasters. Any costs to those governments would be incurred
voluntarily as a condition of receiving federal assistance.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
1174, as amended, does not contain any earmarks, limited tax
benefits, or limited tariff benefits under clause 9(e), 9(f),
or 9(g) of rule XXI.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1174, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
This legislation authorizes the continuation of an advisory
committee as defined by section 3 of the Federal Advisory
Committee Act: the National Advisory Council. The National
Advisory Council is a standing Committee to advise the
Administrator of FEMA on all aspects of emergency management.
The Committee determines that the National Advisory Council has
a clearly defined purpose, fairly balanced membership, and
meets all of the other requirements of section 5(b) of the
Federal Advisory Committee Act. Further, the legislation
clarifies that the Federal Advisory Committee Act shall apply
to the National Advisory Council, except for section 14(a)(2)
of such Act, regarding a termination date for the Council.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART I--THE AGENCIES GENERALLY
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5312. Positions at level I
Level I of the Executive Schedule applies to the following
positions for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Secretary of State.
* * * * * * *
Administrator of the Federal Emergency Management
Agency.
Sec. 5313. Positions at level II
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Secretary of Defense.
* * * * * * *
[Administrator of the Federal Emergency Management
Agency.]
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
* * * * * * *
[Deputy Administrators, Federal Emergency Management
Agency.]
Deputy Administrator, Federal Emergency Management
Agency.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
* * * * * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle E--Consultation With Federal Emergency Management Agency
Sec. 241. Duty to consult.
Sec. 242. Limitation on statutory construction.
* * * * * * *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[Sec. 430. Office for Domestic Preparedness.]
* * * * * * *
[TITLE V--NATIONAL EMERGENCY MANAGEMENT
[Sec. 501. Definitions.
[Sec. 502. Definition.
[Sec. 503. Federal Emergency Management Agency.
[Sec. 504. Authorities and responsibilities.
[Sec. 505. Functions transferred.
[Sec. 506. Preserving the Federal Emergency Management Agency.
[Sec. 507. Regional Offices.
[Sec. 508. National Advisory Council.
[Sec. 509. National Integration Center.
[Sec. 510. Credentialing and typing.
[Sec. 511. The National Infrastructure Simulation and Analysis Center.
[Sec. 512. Evacuation plans and exercises.
[Sec. 513. Disability Coordinator.
[Sec. 514. Department and Agency officials.
[Sec. 515. National Operations Center.
[Sec. 516. Chief Medical Officer.
[Sec. 517. Nuclear incident response.
[Sec. 518. Conduct of certain public health-related activities.
[Sec. 519. Use of national private sector networks in emergency
response.
[Sec. 520. Use of commercially available technology, goods, and
services.
[Sec. 521. Procurement of security countermeasures for strategic
national stockpile.
[Sec. 522. Model standards and guidelines for critical infrastructure
workers.
[Sec. 523. Guidance and recommendations.
[Sec. 524. Voluntary private sector preparedness accreditation and
certification program.]
TITLE V--OTHER OFFICES AND FUNCTIONS
Sec. 501. Definition.
Sec. 502. The National Infrastructure Simulation and Analysis Center.
Sec. 503. Evacuation plans and exercises.
Sec. 504. Assistant Secretary for Cybersecurity and Communications.
Sec. 505. National Operations Center.
Sec. 506. Chief Medical Officer.
Sec. 507. Conduct of certain public health-related activities.
Sec. 508. Use of commercially available technology, goods, and services.
Sec. 509. Procurement of security countermeasures for strategic national
stockpile.
Sec. 510. Model standards and guidelines for critical infrastructure
workers.
Sec. 511. Guidance and recommendations.
Sec. 512. Voluntary private sector preparedness accreditation and
certification program.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) * * *
(b) Mission.--
(1) In general.--The primary mission of the
Department is to--
(A) * * *
* * * * * * *
[(C) minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States;]
[(D)] (C) carry out all functions of entities
transferred to the Department[, including by
acting as a focal point regarding natural and
manmade crises and emergency planning];
[(E)] (D) ensure that the functions of the
agencies and subdivisions within the Department
that are not related directly to securing the
homeland are not diminished or neglected except
by a specific explicit Act of Congress;
[(F)] (E) ensure that the overall economic
security of the United States is not diminished
by efforts, activities, and programs aimed at
securing the homeland;
[(G)] (F) ensure that the civil rights and
civil liberties of persons are not diminished
by efforts, activities, and programs aimed at
securing the homeland; and
[(H)] (G) monitor connections between illegal
drug trafficking and terrorism, coordinate
efforts to sever such connections, and
otherwise contribute to efforts to interdict
illegal drug trafficking.
* * * * * * *
SEC. 102. SECRETARY; FUNCTIONS.
(a) * * *
* * * * * * *
(c) Coordination With Non-Federal Entities.--With respect to
homeland security, the Secretary shall coordinate through the
Office of State and Local Coordination (established under
section 801) (including the provision of training and
equipment) with State and local government personnel, agencies,
and authorities, with the private sector, and with other
entities, including by--
(1) * * *
* * * * * * *
Nothing in this subsection may be construed to interfere with
the role of the Administrator of the Federal Emergency
Management Agency.
* * * * * * *
(f) Special Assistant to the Secretary.--The Secretary shall
appoint a Special Assistant to the Secretary who shall be
responsible for--
(1) * * *
* * * * * * *
(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
(A) advise the Secretary on private sector
products, applications, and solutions as they
relate to homeland security challenges; and
(B) advise the Secretary on homeland security
policies, regulations, processes, and actions
that affect the participating industries and
associations; [and]
[(C) advise the Secretary on private sector
preparedness issues, including effective
methods for--
[(i) promoting voluntary preparedness
standards to the private sector; and
[(ii) assisting the private sector in
adopting voluntary preparedness
standards;]
* * * * * * *
[(8) providing information to the private sector
regarding voluntary preparedness standards and the
business justification for preparedness and promoting
to the private sector the adoption of voluntary
preparedness standards;]
[(9)] (8) coordinating industry efforts, with respect
to functions of the Department of Homeland Security, to
identify private sector resources and capabilities that
could be effective in supplementing Federal, State, and
local government agency efforts to prevent or respond
to a terrorist attack;
[(10)] (9) coordinating with the Directorate of
Border and Transportation Security and the Assistant
Secretary for Trade Development of the Department of
Commerce on issues related to the travel and tourism
industries; and
[(11)] (10) consulting with the Office of State and
Local Government Coordination and Preparedness on all
matters of concern to the private sector, including the
tourism industry.
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--There are the
following officers, appointed by the President, by and with the
advice and consent of the Senate:
(1) * * *
* * * * * * *
[(4) An Administrator of the Federal Emergency
Management Agency.]
[(5)] (4) A Director of the Bureau of Citizenship and
Immigration Services.
[(6)] (5) An Under Secretary for Management.
[(7)] (6) A Director of the Office of
Counternarcotics Enforcement.
[(8)] (7) An Under Secretary responsible for
overseeing critical infrastructure protection,
cybersecurity, and other related programs of the
Department.
[(9)] (8) Not more than 12 Assistant Secretaries.
[(10)] (9) A General Counsel, who shall be the chief
legal officer of the Department.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle B--Critical Infrastructure Information
* * * * * * *
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE
INFORMATION.
(a) * * *
* * * * * * *
(g) Authority To Issue Warnings.--The Federal Government may
provide advisories, alerts, and warnings to relevant companies,
targeted sectors, other governmental entities, or the general
public regarding potential threats to critical infrastructure
as appropriate. In issuing a warning, the Federal Government
shall take appropriate actions to protect from disclosure--
(1) * * *
* * * * * * *
Nothing in this subsection may be construed to limit or
otherwise affect the authority of the President or the
Administrator of the Federal Emergency Management Agency under
section 202 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5132).
* * * * * * *
Subtitle C--Information Security
* * * * * * *
SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the
Under Secretary for Intelligence and Analysis, in cooperation
with the Assistant Secretary for Infrastructure Protection
shall--
(1) as appropriate, provide to State and local
government entities, and upon request to private
entities that own or operate critical information
systems--
(A) * * *
(B) in coordination with the [Under Secretary
for Emergency Preparedness and Response]
Administrator of the Federal Emergency
Management Agency, crisis management support in
response to threats to, or attacks on, critical
information systems; and
(2) as appropriate, provide technical assistance,
upon request, to the private sector and other
government entities, in coordination with the [Under
Secretary for Emergency Preparedness and Response]
Administrator of the Federal Emergency Management
Agency, with respect to emergency recovery plans to
respond to major failures of critical information
systems.
* * * * * * *
Subtitle E--Consultation With Federal Emergency Management Agency
SEC. 241. DUTY TO CONSULT.
In carrying out this title, the Secretary shall consult, as
appropriate, with the Administrator of the Federal Emergency
Management Agency.
SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title may be construed to limit or otherwise
affect the authority of the Administrator of the Federal
Emergency Management Agency.
* * * * * * *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
[(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.
[(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director
of the Office for Domestic Preparedness shall report directly
to the Under Secretary for Border and Transportation Security.
[(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United States
for acts of terrorism, including--
[(1) coordinating preparedness efforts at the Federal
level, and working with all State, local, tribal,
parish, and private sector emergency response providers
on all matters pertaining to combating terrorism,
including training, exercises, and equipment support;
[(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating
to homeland security at all levels of government;
[(3) directing and supervising terrorism preparedness
grant programs of the Federal Government (other than
those programs administered by the Department of Health
and Human Services) for all emergency response
providers;
[(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
[(5) providing agency-specific training for agents
and analysts within the Department, other agencies, and
State and local agencies and international entities;
[(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal
Emergency Management Agency, which shall have the
primary responsibility within the executive branch to
prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
[(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities
outside the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the
mission and functions of the Directorate;
[(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which shall be consolidated
within the Department in the Office for Domestic
Preparedness established under this section; and
[(9) helping to ensure the acquisition of
interoperable communication technology by State and
local governments and emergency response providers.
[(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and
fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and
carry out those functions of the Office for Domestic
Preparedness of the Department of Justice (transferred under
this section) before September 11, 2001, under the same terms,
conditions, policies, and authorities, and with the required
level of personnel, assets, and budget before September 11,
2001.]
* * * * * * *
TITLE V--[NATIONAL EMERGENCY MANAGEMENT] OTHER OFFICES AND FUNCTIONS
[SEC. 501. DEFINITIONS.
[In this title--
[(1) the term ``Administrator'' means the
Administrator of the Agency;
[(2) the term ``Agency'' means the Federal Emergency
Management Agency;
[(3) the term ``catastrophic incident'' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
[(4) the terms ``credentialed'' and ``credentialing''
mean having provided, or providing, respectively,
documentation that identifies personnel and
authenticates and verifies the qualifications of such
personnel by ensuring that such personnel possess a
minimum common level of training, experience, physical
and medical fitness, and capability appropriate for a
particular position in accordance with standards
created under section 510;
[(5) the term ``Federal coordinating officer'' means
a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
[(6) the term ``interoperable'' has the meaning given
the term ``interoperable communications'' under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1));
[(7) the term ``National Incident Management System''
means a system to enable effective, efficient, and
collaborative incident management;
[(8) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under section 502(a)(6);
[(9) the term ``Regional Administrator'' means a
Regional Administrator appointed under section 507;
[(10) the term ``Regional Office'' means a Regional
Office established under section 507;
[(11) the term ``resources'' means personnel and
major items of equipment, supplies, and facilities
available or potentially available for responding to a
natural disaster, act of terrorism, or other man-made
disaster;
[(12) the term ``surge capacity'' means the ability
to rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident;
[(13) the term ``tribal government'' means the
government of any entity described in section 2(11)(B);
and
[(14) the terms ``typed'' and ``typing'' mean having
evaluated, or evaluating, respectively, a resource in
accordance with standards created under section 510.]
SEC. [502.] 501. DEFINITION.
In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) * * *
* * * * * * *
[SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
[(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 assistance
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 entities to
identify and address regional priorities;
[(F) under the leadership 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 assistance, planning, and other
assistance 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
leadership 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) Principal advisor on emergency management.--
[(A) In general.--The Administrator is the
principal 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 principal 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. AUTHORITY AND RESPONSIBILITIES.
[(a) In General.--The Administrator shall provide Federal
leadership 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
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 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, 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) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance 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) assisting 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. 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 constituted on June 1, 2006, including all
of its personnel, assets, 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 constituted
on June 1, 2006, including all of its functions,
personnel, assets, 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, assets, components,
authorities, and liabilities of each component
described under paragraphs (1) through (4).
[SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
[(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity 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 asset,
function, or mission of the Agency may be diverted to
the principal and continuing use of any other
organization, unit, or entity of the Department, except
for details or assignments 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. 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 partnership 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) assisting 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) assisting 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
participate 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.
[(2) Alaska.--The Administrator shall establish an
Area Office in Alaska, as a component in the
appropriate Regional Office.
[(e) Regional Advisory Council.--
[(1) Establishment.--Each Regional Administrator
shall establish a Regional Advisory Council.
[(2) Nominations.--A State, local, or tribal
government located within the geographic area served by
the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as
members of the Regional Advisory Council for that
region.
[(3) Responsibilities.--Each Regional Advisory
Council shall--
[(A) advise the Regional Administrator on
emergency management issues specific to that
region;
[(B) identify any geographic, demographic, or
other characteristics peculiar to any State,
local, or tribal government within the region
that might make preparedness, protection,
response, recovery, or mitigation more
complicated or difficult; and
[(C) advise the Regional Administrator of any
weaknesses or deficiencies in preparedness,
protection, response, recovery, and mitigation
for any State, local, and tribal government
within the region of which the Regional
Advisory Council is aware.
[(f) Regional Office Strike Teams.--
[(1) In general.--In coordination with other relevant
Federal agencies, each Regional Administrator shall
oversee multi-agency strike teams authorized under
section 303 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5144) that
shall consist of--
[(A) a designated Federal coordinating
officer;
[(B) personnel trained in incident
management;
[(C) public affairs, response and recovery,
and communications support personnel;
[(D) a defense coordinating officer;
[(E) liaisons to other Federal agencies;
[(F) such other personnel as the
Administrator or Regional Administrator
determines appropriate; and
[(G) individuals from the agencies with
primary responsibility for each of the
emergency support functions in the National
Response Plan.
[(2) Other duties.--The duties of an individual
assigned to a Regional Office strike team from another
relevant agency when such individual is not functioning
as a member of the strike team shall be consistent with
the emergency preparedness activities of the agency
that employs such individual.
[(3) Location of members.--The members of each
Regional Office strike team, including representatives
from agencies other than the Department, shall be based
primarily within the region that corresponds to that
strike team.
[(4) Coordination.--Each Regional Office strike team
shall coordinate the training and exercises of that
strike team with the State, local, and tribal
governments and private sector and nongovernmental
entities which the strike team shall support when a
natural disaster, act of terrorism, or other man-made
disaster occurs.
[(5) Preparedness.--Each Regional Office strike team
shall be trained as a unit on a regular basis and
equipped and staffed to be well prepared to respond to
natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents.
[(6) Authorities.--If the Administrator determines
that statutory authority is inadequate for the
preparedness and deployment of individuals in strike
teams under this subsection, the Administrator shall
report to Congress regarding the additional statutory
authorities that the Administrator determines are
necessary.
[SEC. 508. NATIONAL ADVISORY COUNCIL.
[(a) Establishment.--Not later than 60 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Secretary shall establish an advisory body under
section 871(a) to ensure effective and ongoing coordination of
Federal preparedness, protection, response, recovery, and
mitigation for natural disasters, acts of terrorism, and other
man-made disasters, to be known as the National Advisory
Council.
[(b) Responsibilities.--
[(1) In general.--The National Advisory Council shall
advise the Administrator on all aspects of emergency
management. The National Advisory Council shall
incorporate State, local, and tribal government and
private sector input in the development and revision of
the national preparedness goal, the national
preparedness system, the National Incident Management
System, the National Response Plan, and other related
plans and strategies.
[(2) Consultation on grants.--To ensure input from
and coordination with State, local, and tribal
governments and emergency response providers, the
Administrator shall regularly consult and work with the
National Advisory Council on the administration and
assessment of grant programs administered by the
Department, including with respect to the development
of program guidance and the development and evaluation
of risk-assessment methodologies, as appropriate.
[(c) Membership.--
[(1) In general.--The members of the National
Advisory Council shall be appointed by the
Administrator, and shall, to the extent practicable,
represent a geographic (including urban and rural) and
substantive cross section of officials, emergency
managers, and emergency response providers from State,
local, and tribal governments, the private sector, and
nongovernmental organizations, including as
appropriate--
[(A) members selected from the emergency
management field and emergency response
providers, including fire service, law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel, or organizations
representing such individuals;
[(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;
[(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting
organizations, including representatives from
the voluntary consensus codes and standards
development community, particularly those with
expertise in the emergency preparedness and
response field;
[(D) State, local, and tribal government
officials with expertise in preparedness,
protection, response, recovery, and mitigation,
including Adjutants General;
[(E) elected State, local, and tribal
government executives;
[(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
[(G) representatives of individuals with
disabilities and other populations with special
needs; and
[(H) such other individuals as the
Administrator determines to be appropriate.
[(2) Coordination with the departments of health and
human services and transportation.--In the selection of
members of the National Advisory Council who are health
or emergency medical services professionals, the
Administrator shall work with the Secretary of Health
and Human Services and the Secretary of Transportation.
[(3) Ex officio members.--The Administrator shall
designate 1 or more officers of the Federal Government
to serve as ex officio members of the National Advisory
Council.
[(4) Terms of office.--
[(A) In general.--Except as provided in
subparagraph (B), the term of office of each
member of the National Advisory Council shall
be 3 years.
[(B) Initial appointments.--Of the members
initially appointed to the National Advisory
Council--
[(i) one-third shall be appointed for
a term of 1 year; and
[(ii) one-third shall be appointed
for a term of 2 years.
[(d) Applicability of Federal Advisory Committee Act.--
[(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections
(a), (b), and (d) of section 10 of such Act, and
section 552b(c) of title 5, United States Code, shall
apply to the National Advisory Council.
[(2) Termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.
[SEC. 509. NATIONAL INTEGRATION CENTER.
[(a) In General.--There is established in the Agency a
National Integration Center.
[(b) Responsibilities.--
[(1) In general.--The Administrator, through the
National Integration Center, and in consultation with
other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and
maintenance of the National Incident Management System,
the National Response Plan, and any successor to such
system or plan.
[(2) Specific responsibilities.--The National
Integration Center shall periodically review, and
revise as appropriate, the National Incident Management
System and the National Response Plan, including--
[(A) establishing, in consultation with the
Director of the Corporation for National and
Community Service, a process to better use
volunteers and donations;
[(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers
at emergency scenes; and
[(C) revising the Catastrophic Incident
Annex, finalizing and releasing the
Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both
effectively address response requirements in
the event of a catastrophic incident.
[(c) Incident Management.--
[(1) In general.--
[(A) National response plan.--The Secretary,
acting through the Administrator, shall ensure
that the National Response Plan provides for a
clear chain of command to lead and coordinate
the Federal response to any natural disaster,
act of terrorism, or other man-made disaster.
[(B) Administrator.--The chain of the command
specified in the National Response Plan shall--
[(i) provide for a role for the
Administrator consistent with the role
of the Administrator as the principal
emergency management advisor to the
President, the Homeland Security
Council, and the Secretary under
section 503(c)(4) and the
responsibility of the Administrator
under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating
to natural disasters, acts of
terrorism, and other man-made
disasters; and
[(ii) provide for a role for the
Federal Coordinating Officer consistent
with the responsibilities under section
302(b) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
[(2) Principal federal official.--The Principal
Federal Official (or the successor thereto) shall not--
[(A) direct or replace the incident command
structure established at the incident; or
[(B) have directive authority over the Senior
Federal Law Enforcement Official, Federal
Coordinating Officer, or other Federal and
State officials.
[SEC. 510. CREDENTIALING AND TYPING.
[(a) In General.--The Administrator shall enter into a
memorandum of understanding with the administrators of the
Emergency Management Assistance Compact, State, local, and
tribal governments, and organizations that represent emergency
response providers, to collaborate on developing standards for
deployment capabilities, including for credentialing and typing
of incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to natural disasters, acts
of terrorism, and other man-made disasters.
[(b) Distribution.--
[(1) In general.--Not later than 1 year after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Administrator
shall provide the standards developed under subsection
(a), including detailed written guidance, to--
[(A) each Federal agency that has
responsibilities under the National Response
Plan to aid that agency with credentialing and
typing incident management personnel, emergency
response providers, and other personnel
(including temporary personnel) and resources
likely needed to respond to a natural disaster,
act of terrorism, or other man-made disaster;
and
[(B) State, local, and tribal governments, to
aid such governments with credentialing and
typing of State, local, and tribal incident
management personnel, emergency response
providers, and other personnel (including
temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
[(2) Assistance.--The Administrator shall provide
expertise and technical assistance to aid Federal,
State, local, and tribal government agencies with
credentialing and typing incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
[(c) Credentialing and Typing of Personnel.--Not later than 6
months after receiving the standards provided under subsection
(b), each Federal agency with responsibilities under the
National Response Plan shall ensure that incident management
personnel, emergency response providers, and other personnel
(including temporary personnel) and resources likely needed to
respond to a natural disaster, act of terrorism, or other
manmade disaster are credentialed and typed in accordance with
this section.
[(d) Consultation on Health Care Standards.--In developing
standards for credentialing health care professionals under
this section, the Administrator shall consult with the
Secretary of Health and Human Services.]
SEC. [511.] 502. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS
CENTER.
(a) * * *
* * * * * * *
SEC. [512.] 503. EVACUATION PLANS AND EXERCISES.
(a) * * *
* * * * * * *
(c) Assistance.--
(1) In general.--The [Administrator] Secretary may
establish any guidelines, standards, or requirements
determined appropriate to administer this section and
to ensure effective mass evacuation planning for State,
local, and tribal areas.
(2) Requested assistance.--The [Administrator]
Secretary shall make assistance available upon request
of a State, local, or tribal government to assist
hospitals, nursing homes, and other institutions that
house individuals with special needs to establish,
maintain, and exercise mass evacuation plans that are
coordinated and integrated into the plans developed by
that State, local, or tribal government under this
section.
* * * * * * *
[SEC. 513. 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 assigned by the
Administrator.
[SEC. 514. 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 assist the Administrator in carrying
out this title.
[(b) Cybersecurity and Communications.--There is in the
Department an Assistant 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 assistant secretary of the Department.
[SEC. 515. 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
principal 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. 504. ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS.
There is in the Department an Assistant Secretary for
Cybersecurity and Communications.
SEC. 505. 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
homeland security decisionmakers, can form the basis for
homeland security decisionmaking.
(b) Establishment.--The National Operations Center is the
principal 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, for homeland security purposes; and
(2) ensure that critical homeland security
information reaches government decisionmakers.
(c) FEMA Authority.--Nothing in this section shall be
construed to provide to the National Operations Center any
authority that overlaps with the authority of the Administrator
of the Federal Emergency Management Agency, except to the
extent necessary to coordinate the activities or information of
the National Operations Center with the Federal Emergency
Management Agency.
SEC. [516.] 506. CHIEF MEDICAL OFFICER.
(a) * * *
* * * * * * *
(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] homeland security, including--
(1) * * *
* * * * * * *
(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, the Federal Emergency
Management Agency, and other Federal departments or
agencies, on medical and public health issues;
* * * * * * *
(d) FEMA Authority.--Nothing in this section shall be
construed to provide to the Chief Medical Officer any authority
that overlaps with the authority of the Administrator of the
Federal Emergency Management Agency, except to the extent
necessary to coordinate activities or information with the
Federal Emergency Management Agency.
[SEC. 517. 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 title 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 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.]
SEC. [518.] 507. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.
(a) * * *
* * * * * * *
[SEC. 519. 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.] 508. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS, AND
SERVICES.
It is the sense of Congress that--
(1) * * *
* * * * * * *
SEC. [521.] 509. PROCUREMENT OF SECURITY COUNTERMEASURES FOR STRATEGIC
NATIONAL STOCKPILE.
(a) * * *
* * * * * * *
SEC. [522.] 510. MODEL STANDARDS AND GUIDELINES FOR CRITICAL
INFRASTRUCTURE WORKERS.
(a) * * *
* * * * * * *
SEC. [523.] 511. GUIDANCE AND RECOMMENDATIONS.
(a) * * *
* * * * * * *
SEC. [524.] 512. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION
AND CERTIFICATION PROGRAM.
(a) * * *
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Requirement.--
(1) * * *
* * * * * * *
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, the Administrator of the Federal
Emergency Management Agency, and the Director
of National Intelligence;
* * * * * * *
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security[, the National Response Plan,] and
the Department Security Strategic Plan;
* * * * * * *
(c) Reporting.--
(1) * * *
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) * * *
* * * * * * *
(G) a discussion of the status of cooperation
between the Federal Government and State,
local, and tribal governments in preventing
terrorist attacks [and preparing for emergency
response to threats to national homeland
security];
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
SEC. 887. COORDINATION WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
UNDER THE PUBLIC HEALTH SERVICE ACT.
(a) In General.--The annual Federal response plan developed
by the Department shall be consistent with section 319 of the
Public Health Service Act (42 U.S.C. 247d) and section 202(b)
of the FEMA Independence Act of 2009.
(b) Disclosures Among Relevant Agencies.--
(1) * * *
(2) Public health emergency.--During the period in
which the Secretary of Health and Human Services has
declared the existence of a public health emergency
under section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)), the Secretary of Health and Human
Services shall keep relevant agencies, including the
Department of Homeland Security, the Federal Emergency
Management Agency, the Department of Justice, and the
Federal Bureau of Investigation, fully and currently
informed.
(3) Potential public health emergency.--In cases
involving, or potentially involving, a public health
emergency, but in which no determination of an
emergency by the Secretary of Health and Human Services
under section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)), has been made, all relevant
agencies, including the Department of Homeland
Security, the Federal Emergency Management Agency, the
Department of Justice, and the Federal Bureau of
Investigation, shall keep the Secretary of Health and
Human Services and the Director of the Centers for
Disease Control and Prevention fully and currently
informed.
* * * * * * *
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
* * * * * * *
SEC. 903. MEMBERSHIP.
(a) Members.--The members of the Council shall be the
following:
(1) * * *
* * * * * * *
(6) The Administrator of the Federal Emergency
Management Agency.
[(6)] (7) Such other individuals as may be designated
by the President.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
(a) Grants Authorized.--The Secretary[, through the
Administrator,] may award grants under sections 2003 and 2004
to State, local, and tribal governments.
* * * * * * *
SEC. 2003. URBAN AREA SECURITY INITIATIVE.
(a) Establishment.--There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban
areas in [preventing, preparing for, protecting against, and
responding to] preventing and protecting against acts of
terrorism.
(b) Assessment and Designation of High-Risk Urban Areas.--
(1) In general.--The [Administrator] Secretary shall
designate high-risk urban areas to receive grants under
this section based on procedures under this subsection.
(2) Initial assessment.--
(A) In general.--For each fiscal year, the
[Administrator] Secretary shall conduct an
initial assessment of the relative threat,
vulnerability, and consequences from acts of
terrorism faced by each eligible metropolitan
area, including consideration of--
(i) * * *
* * * * * * *
(B) Submission of information by eligible
metropolitan areas.--Prior to conducting each
initial assessment under subparagraph (A), the
[Administrator] Secretary shall provide each
eligible metropolitan area with, and shall
notify each eligible metropolitan area of, the
opportunity to--
(i) * * *
* * * * * * *
(3) Designation of high-risk urban areas.--
(A) Designation.--
(i) In general.--For each fiscal
year, after conducting the initial
assessment under paragraph (2), and
based on that assessment, the
[Administrator] Secretary shall
designate high-risk urban areas that
may submit applications for grants
under this section.
(ii) Additional areas.--
Notwithstanding paragraph (2), the
[Administrator] Secretary may--
(I) * * *
(II) designate an area that
is not an eligible metropolitan
area as a high-risk urban area
based on the assessment by the
[Administrator] Secretary of
the relative threat,
vulnerability, and consequences
from acts of terrorism faced by
the area.
(iii) Rule of construction.--Nothing
in this subsection may be construed to
require the [Administrator] Secretary
to--
(I) designate all eligible
metropolitan areas that submit
information to the
[Administrator] Secretary under
paragraph (2)(B)(i) as high-
risk urban areas; or
* * * * * * *
(B) Jurisdictions included in high-risk urban
areas.--
(i) In general.--In designating high-
risk urban areas under subparagraph
(A), the [Administrator] Secretary
shall determine which jurisdictions, at
a minimum, shall be included in each
high-risk urban area.
(ii) Additional jurisdictions.--A
high-risk urban area designated by the
[Administrator] Secretary may, in
consultation with the State or States
in which such high-risk urban area is
located, add additional jurisdictions
to the high-risk urban area.
(c) Application.--
(1) * * *
(2) Minimum contents of application.--In an
application for a grant under this section, a high-risk
urban area shall submit--
(A) * * *
* * * * * * *
(C) such information in support of the
application as the [Administrator] Secretary
may reasonably require.
* * * * * * *
(4) State review and transmission.--
(A) * * *
* * * * * * *
(C) Opportunity for state comment.--If the
Governor of a State determines that an
application of a high-risk urban area is
inconsistent with the State homeland security
plan of that State, or otherwise does not
support the application, the Governor shall--
(i) notify the [Administrator]
Secretary, in writing, of that fact;
and
* * * * * * *
(5) Opportunity to amend.--In considering
applications for grants under this section, the
[Administrator] Secretary shall provide applicants with
a reasonable opportunity to correct defects in the
application, if any, before making final awards.
(d) Distribution of Awards.--
(1) In general.--If the [Administrator] Secretary
approves the application of a high-risk urban area for
a grant under this section, the [Administrator]
Secretary shall distribute the grant funds to the State
or States in which that high-risk urban area is
located.
* * * * * * *
(3) Interstate urban areas.--If parts of a high-risk
urban area awarded a grant under this section are
located in 2 or more States, the [Administrator]
Secretary shall distribute to each such State--
(A) * * *
(B) if no agreement on distribution has been
reached, a portion of the grant funds
determined by the [Administrator] Secretary to
be appropriate.
(4) Certifications regarding distribution of grant
funds to high-risk urban areas.--A State that receives
grant funds under paragraph (1) shall certify to the
[Administrator] Secretary that the State has made
available to the applicable high-risk urban area the
required funds under paragraph (2).
* * * * * * *
SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal
governments in [preventing, preparing for, protecting against,
and responding to] preventing and protecting against acts of
terrorism.
(b) Application.--
(1) In general.--Each State may apply for a grant
under this section, and shall submit such information
in support of the application as the [Administrator]
Secretary may reasonably require.
(2) Minimum contents of application.--The
[Administrator] Secretary shall require that each State
include in its application, at a minimum--
(A) * * *
* * * * * * *
(c) Distribution to Local and Tribal Governments.--
(1) * * *
(2) Certifications regarding distribution of grant
funds to local governments.--A State shall certify to
the [Administrator] Secretary that the State has made
the distribution to local and tribal governments
required under paragraph (1).
(3) Extension of period.--The Governor of a State may
request in writing that the [Administrator] Secretary
extend the period under paragraph (1) for an additional
period of time. The [Administrator] Secretary may
approve such a request if the [Administrator] Secretary
determines that the resulting delay in providing grant
funding to the local and tribal governments is
necessary to promote effective investments [to prevent,
prepare for, protect against, or respond to] to prevent
or protect against acts of terrorism.
* * * * * * *
(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required
under paragraph (1) in a timely fashion, a local or
tribal government entitled to receive such distribution
may petition the [Administrator] Secretary to request
that grant funds be provided directly to the local or
tribal government.
(d) Multistate Applications.--
(1) In general.--Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more
States may submit an application for a grant under this
section in support of multistate efforts [to prevent,
prepare for, protect against, and respond to] to
prevent and protect against acts of terrorism.
(2) Administration of grant.--If a group of States
applies for a grant under this section, such States
shall submit to the [Administrator] Secretary at the
time of application a plan describing--
(A) * * *
* * * * * * *
(e) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the [Administrator] Secretary shall ensure
that--
(A) * * *
* * * * * * *
SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
(a) In General.--Notwithstanding section 2004(b), the
[Administrator] Secretary may award grants to directly eligible
tribes under section 2004.
(b) Tribal Applications.--A directly eligible tribe may apply
for a grant under section 2004 by submitting an application to
the [Administrator] Secretary that includes, as appropriate,
the information required for an application by a State under
section 2004(b).
(c) Consistency With State Plans.--
(1) * * *
(2) Opportunity for comment.--If the Governor of a
State determines that the application of a directly
eligible tribe is inconsistent with the State homeland
security plan of that State, or otherwise does not
support the application, not later than 30 days after
the date of receipt of that application the Governor
shall--
(A) notify the [Administrator] Secretary, in
writing, of that fact; and
* * * * * * *
(d) Final Authority.--The [Administrator] Secretary shall
have final authority to approve any application of a directly
eligible tribe. The [Administrator] Secretary shall notify each
State within the boundaries of which any part of a directly
eligible tribe is located of the approval of an application by
the tribe.
(e) Prioritization.--The [Administrator] Secretary shall
allocate funds to directly eligible tribes in accordance with
the factors applicable to allocating funds among States under
section 2007.
(f) Distribution of Awards to Directly Eligible Tribes.--If
the [Administrator] Secretary awards funds to a directly
eligible tribe under this section, the [Administrator]
Secretary shall distribute the grant funds directly to the
tribe and not through any State.
(g) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the [Administrator] Secretary shall ensure
that, for each fiscal year, directly eligible tribes
collectively receive, from the funds appropriated for
the State Homeland Security Grant Program established
under section 2004, not less than an amount equal to
0.1 percent of the total funds appropriated for grants
under sections 2003 and 2004.
(2) Exception.--This subsection shall not apply in
any fiscal year in which the [Administrator]
Secretary--
(A) * * *
* * * * * * *
(h) Tribal Liaison.--A directly eligible tribe applying for a
grant under section 2004 shall designate an individual to serve
as a tribal liaison with the Department and other Federal,
State, local, and regional government officials concerning
[preventing, preparing for, protecting against, and responding
to] preventing and protecting against acts of terrorism.
* * * * * * *
SEC. 2006. TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--
(1) In general.--The [Administrator] Secretary shall
ensure that not less than 25 percent of the total
combined funds appropriated for grants under sections
2003 and 2004 is used for law enforcement terrorism
prevention activities.
(2) Law enforcement terrorism prevention
activities.--Law enforcement terrorism prevention
activities include--
(A) * * *
* * * * * * *
(I) any other terrorism prevention activity
authorized by the [Administrator] Secretary.
(3) Participation of underrepresented communities in
fusion centers.--The [Administrator] Secretary shall
ensure that grant funds described in paragraph (1) are
used to support the participation, as appropriate, of
law enforcement and other emergency response providers
from rural and other underrepresented communities at
risk from acts of terrorism in fusion centers.
(b) Office for State and Local Law Enforcement.--
(1) * * *
* * * * * * *
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) lead the coordination of Department-wide
policies relating to the role of State and
local law enforcement in [preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters within the United States]
preventing and protecting against acts of
terrorism within the United States;
* * * * * * *
(D) work with the [Administrator] Secretary
to ensure that law enforcement and terrorism-
focused grants to State, local, and tribal
government agencies, including grants under
sections 2003 and 2004, the Commercial
Equipment Direct Assistance Program, and other
grants administered by the Department to
support fusion centers and law enforcement-
oriented programs, are appropriately focused on
terrorism prevention activities;
* * * * * * *
SEC. 2007. PRIORITIZATION.
(a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or
2004, the [Administrator] Secretary shall consider, for each
State or high-risk urban area--
(1) its relative threat, vulnerability, and
consequences from acts of terrorism, including
consideration of--
(A) * * *
* * * * * * *
(D) its degree of threat, vulnerability, and
consequences related to critical infrastructure
(for all critical infrastructure sectors) or
key resources identified by the [Administrator]
Secretary or the State homeland security plan,
including threats, vulnerabilities, and
consequences related to critical infrastructure
or key resources in nearby jurisdictions;
* * * * * * *
(H) its likely need to [respond to] address
acts of terrorism occurring in nearby
jurisdictions;
* * * * * * *
(J) in the case of a high-risk urban area,
the extent to which that high-risk urban area
includes--
(i) those incorporated
municipalities, counties, parishes, and
Indian tribes within the relevant
eligible metropolitan area, the
inclusion of which will enhance
regional efforts [to prevent, prepare
for, protect against, and respond to]
to prevent and protect against acts of
terrorism; and
* * * * * * *
(K) such other factors as are specified in
writing by the [Administrator] Secretary; and
(2) the anticipated effectiveness of the proposed use
of the grant by the State or high-risk urban area in
increasing the ability of that State or high-risk urban
area [to prevent, prepare for, protect against, and
respond to] to prevent and protect against acts of
terrorism, to meet its target capabilities, and to
otherwise reduce the overall risk to the high-risk
urban area, the State, or the Nation.
(b) Types of Threat.--In assessing threat under this section,
the [Administrator] Secretary shall consider the following
types of threat to critical infrastructure sectors and to
populations in all areas of the United States, urban and rural:
(1) * * *
* * * * * * *
(9) Such other types of threat determined relevant by
the [Administrator] Secretary.
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The [Administrator] Secretary shall
permit the recipient of a grant under section 2003 or 2004 to
use grant funds to achieve target capabilities related to
[preventing, preparing for, protecting against, and responding
to] preventing and protecting against acts of terrorism,
consistent with a State homeland security plan and relevant
local, tribal, and regional homeland security plans, through--
(1) * * *
* * * * * * *
(12) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program,
except to the extent that such activities are
inconsistent with the FEMA Independence Act of 2009
(including the amendments made by that Act); and
(13) any other appropriate activity, as determined by
the [Administrator] Secretary.
(b) Limitations on Use of Funds.--
(1) * * *
(2) Personnel.--
(A) * * *
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
[Administrator] Secretary may grant a waiver of
the limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the [Administrator] Secretary may
not--
(i) * * *
* * * * * * *
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection (a)(10),
the [Administrator] Secretary shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(A) * * *
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to [preventing, preparing for,
protecting against, or responding to]
preventing or protecting against acts
of terrorism, including through the
alteration or remodeling of existing
buildings for the purpose of making
such buildings secure against acts of
terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the [Administrator] Secretary;
* * * * * * *
(d) Reimbursement of Costs.--
(1) * * *
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
[Administrator] Secretary to use the funds from its
grants under those sections for the reimbursement of
the cost of any activity relating to [preventing,
preparing for, protecting against, or responding to]
preventing or protecting against acts of terrorism that
is a Federal duty and usually performed by a Federal
agency, and that is being performed by a State or local
government under agreement with a Federal agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the [Administrator] Secretary may authorize the grant
recipient to transfer all or part of the grant funds from uses
specified in the grant agreement to other uses authorized under
this section, if the [Administrator] Secretary determines that
such transfer is in the interests of homeland security.
* * * * * * *
Subtitle B--Grants Administration
SEC. 2021. ADMINISTRATION AND COORDINATION.
[(a) Regional Coordination.--The Secretary shall ensure
that--
[(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or
respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided
under section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention,
preparedness, and protection efforts with neighboring
State, local, and tribal governments; and
[(2) all high-risk urban areas and other recipients
of grants administered by the Department to prevent,
prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters (excluding assistance provided under section
203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133, 5170 et seq., and 5191 et seq.)) that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.]
(a) Regional Coordination.--The Secretary shall ensure that--
(1) all recipients of grants administered by the
Department to prevent and protect against acts of
terrorism coordinate, as appropriate, their prevention
and protection efforts with neighboring State, local,
and tribal governments; and
(2) all high-risk urban areas and other recipients of
grants administered by the Department to prevent and
protect against acts of terrorism that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.
* * * * * * *
(c) Interagency Coordination.--
(1) In general.--Not later than 12 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary
[(acting through the Administrator)], the Attorney
General, the Secretary of Health and Human Services,
and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters, shall jointly--
(A) * * *
* * * * * * *
(d) Sense of Congress.--It is the sense of Congress that, in
order to ensure that the Nation is most effectively able to
prevent, prepare for, protect against, and respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters--
(1) the [Department] Federal Government should
administer a coherent and coordinated system of both
terrorism-focused and all-hazards grants;
* * * * * * *
SEC. 2022. ACCOUNTABILITY.
(a) Audits of Grant Programs.--
(1) Compliance requirements.--
(A) Audit requirement.--Each recipient of a
grant administered by the Department that
expends not less than $500,000 in Federal funds
during its fiscal year shall submit to the
[Administrator] Secretary a copy of the
organization-wide financial and compliance
audit report required under chapter 75 of title
31, United States Code.
* * * * * * *
(C) Improper payments.--Consistent with the
Improper Payments Information Act of 2002 (31
U.S.C. 3321 note), for each of the grant
programs under sections 2003 and 2004 of this
title and section 662 of the Post-Katrina
Emergency Management Reform Act of 2006 (6
U.S.C. 762), the [Administrator] Secretary
shall specify policies and procedures for--
(i) * * *
* * * * * * *
(2) Agency program review.--
[(A) In general.--Not less than once every 2
years, the Secretary shall conduct, for each
State and high-risk urban area receiving a
grant administered by the Department, a
programmatic and financial review of all grants
awarded by the Department to prevent, prepare
for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters, excluding assistance provided under
section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133, 5170 et seq.,
and 5191 et seq.).]
(A) In general.--Not less than once every 2
years, the Secretary shall conduct, for each
State and high-risk urban area receiving a
grant administered by the Department, a
programmatic and financial review of all grants
awarded by the Department to prevent or protect
against acts of terrorism.
(B) Contents.--Each review under subparagraph
(A) shall, at a minimum, examine--
(i) * * *
(ii) the extent to which funds
awarded enhanced the ability of a
grantee [to prevent, prepare for,
protect against, and respond to natural
disasters, acts of terrorism, and other
man-made disasters] to prevent and
protect against acts of terrorism.
(C) Authorization of appropriations.--In
addition to any other amounts authorized to be
appropriated to the [Administrator] Secretary,
there are authorized to be appropriated to the
[Administrator] Secretary for reviews under
this paragraph--
(i) * * *
* * * * * * *
(3) Office of inspector general performance audits.--
[(A) In general.--In order to ensure the
effective and appropriate use of grants
administered by the Department, the Inspector
General of the Department each year shall
conduct audits of a sample of States and high-
risk urban areas that receive grants
administered by the Department to prevent,
prepare for, protect against, or respond to
natural disasters, acts of terrorism, or other
man-made disasters, excluding assistance
provided under section 203, title IV, or title
V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.).]
(A) In general.--In order to ensure the
effective and appropriate use of grants
administered by the Department, the Inspector
General of the Department each year shall
conduct audits of a sample of States and high-
risk urban areas that receive grants
administered by the Department to prevent or
protect against acts of terrorism.
(B) Determining samples.--The sample selected
for audits under subparagraph (A) shall be--
(i) * * *
(ii) selected based on--
(I) * * *
* * * * * * *
(III) concerns identified by
the [Administrator] Secretary,
including referrals from the
[Administrator] Secretary; and
* * * * * * *
(D) Report by the inspector general.--
(i) * * *
(ii) Contents.--Each report submitted
under clause (i) shall describe, for
the fiscal year before the date of that
report--
(I) * * *
* * * * * * *
(IV) the extent to which
funds awarded enhanced the
ability of a grantee [to
prevent, prepare for, protect
against, and respond to natural
disasters, acts of terrorism
and other man-made disasters]
to prevent and protect against
acts of terrorism.
* * * * * * *
(F) Provision of information to
[administrator] secretary.--The Inspector
General of the Department shall provide to the
[Administrator] Secretary any findings and
recommendations from audits conducted under
subparagraph (A).
* * * * * * *
(4) Performance assessment.--In order to ensure that
States and high-risk urban areas are using grants
administered by the Department appropriately to meet
target capabilities and preparedness priorities, the
[Administrator] Secretary shall--
(A) * * *
* * * * * * *
(D) ensure that each State receiving a grant
administered by the Department submits a report
to the [Administrator] Secretary on its level
of preparedness, as required by section 652(c)
of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(c)).
(5) Consideration of assessments.--In conducting
program reviews and performance audits under paragraphs
(2) and (3), the [Administrator] Secretary and the
Inspector General of the Department shall take into
account the performance assessment elements required
under paragraph (4).
(6) Recovery audits.--The [Administrator] Secretary
shall conduct a recovery audit (as that term is defined
by the Director of the Office of Management and Budget
under section 3561 of title 31, United States Code) for
any grant administered by the Department with a total
value of not less than $1,000,000, if the
[Administrator] Secretary finds that--
(A) * * *
* * * * * * *
(7) Remedies for noncompliance.--
(A) In general.--If, as a result of a review
or audit under this subsection or otherwise,
the [Administrator] Secretary finds that a
recipient of a grant under this title has
failed to substantially comply with any
provision of law or with any regulations or
guidelines of the Department regarding eligible
expenditures, the [Administrator] Secretary
shall--
(i) * * *
* * * * * * *
(v) take such other action as the
[Administrator] Secretary determines
appropriate.
(B) Duration of penalty.--The [Administrator]
Secretary shall apply an appropriate penalty
under subparagraph (A) until such time as the
[Administrator] Secretary determines that the
grant recipient is in full compliance with the
law and with applicable guidelines or
regulations of the Department.
(b) Reports by Grant Recipients.--
(1) Quarterly reports on homeland security
spending.--
(A) In general.--As a condition of receiving
a grant under section 2003 or 2004, a State,
high-risk urban area, or directly eligible
tribe shall, not later than 30 days after the
end of each Federal fiscal quarter, submit to
the [Administrator] Secretary a report on
activities performed using grant funds during
that fiscal quarter.
* * * * * * *
(c) Reports [by the Administrator].--
(1) * * *
(2) Risk assessment.--
(A) In general.--For each fiscal year, the
[Administrator] Secretary shall provide to the
appropriate committees of Congress a detailed
and comprehensive explanation of the
methodologies used to calculate risk and
compute the allocation of funds for grants
administered by the Department, including--
(i) * * *
* * * * * * *
(3) Tribal funding report.--At the end of each fiscal
year, the [Administrator] Secretary shall submit to the
appropriate committees of Congress a report setting
forth the amount of funding provided during that fiscal
year to Indian tribes under any grant program
administered by the Department, whether provided
directly or through a subgrant from a State or high-
risk urban area.
* * * * * * *
(d) Administration of Grants.--The Secretary may request the
Administrator to continue to support the administration of any
grant authorized by this title.
----------
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle B--Personnel Provisions
CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
* * * * * * *
SEC. 624. SURGE CAPACITY FORCE.
(a) * * *
(b) Employees Designated to Serve.--The plan shall include
procedures under which the [Secretary] Administrator shall
designate employees [of the Department] who are not employees
of the Agency and shall, in conjunction with the heads of other
Executive agencies, designate employees of those other
Executive agencies, as appropriate, to serve on the Surge
Capacity Force.
(c) Capabilities.--The plan shall ensure that the Surge
Capacity Force--
(1) includes a sufficient number of individuals
credentialed in accordance with [section 510 of the
Homeland Security Act of 2002, as amended by this Act,]
section 203 of the FEMA Independence Act of 2009 that
are capable of deploying rapidly and efficiently after
activation to prepare for, respond to, and recover from
natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents; and
(2) includes a sufficient number of full-time, highly
trained individuals credentialed in accordance with
[section 510 of the Homeland Security Act of 2002, as
amended by this Act,] section 203 of the FEMA
Independence Act of 2009 to lead and manage the Surge
Capacity Force.
* * * * * * *
CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES
* * * * * * *
SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.
(a) Measures to Improve Information Technology Systems.--The
Administrator[, in coordination with the Chief Information
Officer of the Department,] shall take appropriate measures to
update and improve the information technology systems of the
Agency, including measures to--
(1) * * *
* * * * * * *
Subtitle C--Comprehensive Preparedness System
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
SEC. 641. DEFINITIONS.
In this chapter:
(1) * * *
(2) Credentialed; credentialing.--The terms
``credentialed'' and ``credentialing'' have the
meanings given those terms in [section 501 of the
Homeland Security Act of 2002 (6 U.S.C. 311)] section
203 of the FEMA Independence Act of 2009.
* * * * * * *
(14) Typed; typing.--The terms ``typed'' and
``typing'' have the meanings given those terms in
[section 501 of the Homeland Security Act of 2002 (6
U.S.C. 311)] section 203 of the FEMA Independence Act
of 2009.
* * * * * * *
SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) * * *
(b) Contents.--For each Federal agency with responsibilities
under the National Response Plan, the inventory shall include--
(1) * * *
(2) a list of personnel credentialed in accordance
with [section 510 of the Homeland Security Act of 2002
(6 U.S.C. 320)] section 203 of the FEMA Independence
Act of 2009;
(3) a list of resources typed in accordance with
[section 510 of the Homeland Security Act of 2002 (6
U.S.C. 320)] section 203 of the FEMA Independence Act
of 2009; and
* * * * * * *
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency Responsibility.--In support of the national
preparedness system, the President shall ensure that each
Federal agency with coordinating, primary, or supporting
responsibilities under the National Response Plan--
(1) * * *
(2) complies with the National Incident Management
System, including credentialing of personnel and typing
of resources likely needed to respond to a natural
disaster, act of terrorism, or other man-made disaster
in accordance with [section 510 of the Homeland
Security Act of 2002 (6 U.S.C. 320)] section 203 of the
FEMA Independence Act of 2009;
* * * * * * *
Subtitle E--Stafford Act Amendments
* * * * * * *
SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.
(a) In General.--The Administrator, in coordination with the
Secretary of Housing and Urban Development, the Administrator
of the Environmental Protection Agency, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of the
Treasury, the Secretary of Transportation, the Administrator of
the Small Business Administration, the Assistant Secretary for
Indian Affairs of the Department of the Interior, the
Secretary, and the heads of other appropriate Federal agencies,
State, local, and tribal government officials (including
through the National Advisory Council), and representatives of
appropriate nongovernmental organizations shall develop,
coordinate, and maintain a National Disaster Recovery Strategy
to serve as a guide to recovery efforts after major disasters
and emergencies.
* * * * * * *
SEC. 689. INDIVIDUALS WITH DISABILITIES.
(a) Guidelines.--Not later than 90 days after the date of
enactment of this Act, and in coordination with the National
Advisory Council, the National Council on Disability, the
Interagency Coordinating Council on Preparedness and
Individuals With Disabilities established under Executive Order
No. 13347 (6 U.S.C. 312 note), and the Disability Coordinator
(established under [section 513 of the Homeland Security Act of
2002, as added by this Act] section 204 of the FEMA
Independence Act of 2009), the Administrator shall develop
guidelines to accommodate individuals with disabilities, which
shall include guidelines for--
(1) * * *
* * * * * * *
Subtitle F--Prevention of Fraud, Waste, and Abuse
* * * * * * *
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--The [Secretary] Administrator shall
promulgate regulations applicable to contracts described in
subsection (c) to minimize the excessive use by contractors of
subcontractors or tiers of subcontractors to perform the
principal work of the contract.
(b) Specific Requirement.--At a minimum, the regulations
promulgated under subsection (a) shall preclude a contractor
from using subcontracts for more than 65 percent of the cost of
the contract or the cost of any individual task or delivery
order (not including overhead and profit), unless the
[Secretary] Administrator determines that such requirement is
not feasible or practicable.
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an
amount greater than the simplified acquisition threshold (as
defined by section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)) entered into by the [Department]
Agency to facilitate response to or recovery from a natural
disaster or act of terrorism or other man-made disaster.
* * * * * * *
SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
(a) Regulations.--The [Secretary] Administrator shall
promulgate regulations applicable to contracts described in
subsection (c) to restrict the contract period of any such
contract entered into using procedures other than competitive
procedures pursuant to the exception provided in paragraph (2)
of section 303(c) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(c)) to the minimum contract
period necessary--
(1) * * *
* * * * * * *
(b) Specific Contract Period.--The regulations promulgated
under subsection (a) shall require the contract period to not
to exceed 150 days, unless the [Secretary] Administrator
determines that exceptional circumstances apply.
(c) Covered Contracts.--This section applies to any contract
in an amount greater than the simplified acquisition threshold
(as defined by section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)) entered into by the [Department]
Agency to facilitate response to or recovery from a natural
disaster, act of terrorism, or other man-made disaster.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 9--AGENCY CHIEF FINANCIAL OFFICERS
* * * * * * *
Sec. 901. Establishment of agency Chief Financial Officers
(a) * * *
(b)(1) * * *
(2) The agencies referred to in subsection (a)(2) are the
following:
(A) * * *
* * * * * * *
(H) The Federal Emergency Management Agency.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
DEFINITIONS
Sec. 12. As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the [Director of
the Federal Emergency Management Agency] Administrator
of the Federal Emergency Management Agency, or the
Office of Personnel Management; the Chairman of the
Nuclear Regulatory Commission or the Railroad
Retirement Board; the Chairperson of the Thrift
Depositor Protection Oversight Board; the Chief
Executive Officer of the Corporation for National and
Community Service; the Administrator of the Community
Development Financial Institutions Fund; the chief
executive officer of the Resolution Trust Corporation;
the Chairperson of the Federal Deposit Insurance
Corporation; the Commissioner of Social Security,
Social Security Administration; the Director of the
Federal Housing Finance Agency; the Board of Directors
of the Tennessee Valley Authority; the President of the
Export-Import Bank; or the Federal Cochairpersons of
the Commissions established under section 15301 of
title 40, United States Code; as the case may be;
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act''.
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 204. INTERAGENCY TASK FORCE.
(a) * * *
(b) Chairperson.--The [Director] Administrator of the Federal
Emergency Management Agency shall serve as the chairperson of
the task force.
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. .
(a) * * *
(b) Emergency Response Teams.--
(1) Establishment.--In carrying out subsection (a),
the President, acting through the [Director]
Administrator of the Federal Emergency Management
Agency, shall establish--
(A) * * *
* * * * * * *
(2) Target capability level.--The [Director]
Administrator shall ensure that specific target
capability levels, as defined pursuant to the
guidelines established under section 646(a) of the
Post-Katrina Emergency Management Reform Act of 2006,
are established for Federal emergency response teams.
(3) Personnel.--The President, acting through the
[Director] Administrator, shall ensure that the Federal
emergency response teams consist of adequate numbers of
properly planned, organized, equipped, trained, and
exercised personnel to achieve the established target
capability levels. Each emergency response team shall
work in coordination with State and local officials and
onsite personnel associated with a particular incident.
(4) Readiness reporting.--The [Director]
Administrator shall evaluate team readiness on a
regular basis and report team readiness levels in the
report required under section 652(a) of the Post-
Katrina Emergency Management Reform Act of 2006.
* * * * * * *
SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) * * *
* * * * * * *
(c) Duties.--The Small State and Rural Advocate shall--
(1) * * *
* * * * * * *
(3) conduct such other activities as the [Director]
Administrator of the Federal Emergency Management
Agency considers appropriate.
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 404. HAZARD MITIGATION.
(a) * * *
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the [Director] Administrator of the
Federal Emergency Management Agency may provide
property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) * * *
(B) on or after the date of enactment of this
subsection, the applicant for the assistance
enters into an agreement with the [Director]
Administrator that provides assurances that--
(i) * * *
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) * * *
* * * * * * *
(III) a structure that the
[Director] Administrator
approves in writing before the
commencement of the
construction of the structure;
and
* * * * * * *
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) * * *
* * * * * * *
(c) Large In-Lieu Contributions.--
(1) For public facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
(i) * * *
(ii) any uninsured public facility
located in a special flood hazard area
identified by the [Director]
Administrator of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(2) For private nonprofit facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
(i) * * *
(ii) any uninsured private nonprofit
facility located in a special flood
hazard area identified by the
[Director] Administrator of the Federal
Emergency Management Agency under the
National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.).
(d) Flood Insurance.--
(1) Reduction of federal assistance.--If a public
facility or private nonprofit facility located in a
special flood hazard area identified for more than 1
year by the [Director] Administrator pursuant to the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.) is damaged or destroyed, after the 180th day
following the date of the enactment of the Disaster
Relief and Emergency Assistance Amendments of 1988, by
flooding in a major disaster and such facility is not
covered on the date of such flooding by flood
insurance, the Federal assistance which would otherwise
be available under this section with respect to repair,
restoration, reconstruction, and replacement of such
facility and associated expenses shall be reduced in
accordance with paragraph (2).
* * * * * * *
(e) Eligible Cost.--
(1) * *
* * * * * * *
(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after the date of the enactment of this
paragraph, the President, acting through the
[Director] Administrator of the Federal
Emergency Management Agency, shall establish an
expert panel, which shall include
representatives from the construction industry
and State and local government.
* * * * * * *
TITLE VI--EMERGENCY PREPAREDNESS
* * * * * * *
SEC. 602. DEFINITIONS.
(a) Definitions.--For purposes of this title only:
(1) * * *
* * * * * * *
(4) Organizational equipment.--The term
``organizational equipment'' means equipment determined
by the [Director] Administrator to be necessary to an
emergency preparedness organization, as distinguished
from personal equipment, and of such a type or nature
as to require it to be financed in whole or in part by
the Federal Government. Such term does not include
those items which the local community normally uses in
combating local disasters, except when required in
unusual quantities dictated by the requirements of the
emergency preparedness plans.
* * * * * * *
[(7) Director.--The term `` Administrator'' means the
Administrator of the Federal Emergency Management
Agency.]
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
* * * * * * *
SEC. 603. ADMINISTRATION OF TITLE.
This title shall be carried out by the [Director]
Administrator of the Federal Emergency Management Agency.
Subtitle A--Powers and Duties
SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) In General.--In order to carry out the policy described
in section 601, the [Director] Administrator shall have the
authorities provided in this section.
(b) Federal Emergency Response Plans and Programs.--The
[Director] Administrator may prepare Federal response plans and
programs for the emergency preparedness of the United States
and sponsor and direct such plans and programs. To prepare such
plans and programs and coordinate such plans and programs with
State efforts, the [Director] Administrator may request such
reports on State plans and operations for emergency
preparedness as may be necessary to keep the President,
Congress, and the States advised of the status of emergency
preparedness in the United States.
(c) Delegation of Emergency Preparedness Responsibilities.--
With the approval of the President, the [Director]
Administrator may delegate to other departments and agencies of
the Federal Government appropriate emergency preparedness
responsibilities and review and coordinate the emergency
preparedness activities of the departments and agencies with
each other and with the activities of the States and
neighboring countries.
(d) Communications and Warnings.--The [Director]
Administrator may make appropriate provision for necessary
emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) Emergency Preparedness Measures.--The [Director]
Administrator may study and develop emergency preparedness
measures designed to afford adequate protection of life and
property, including--
(1) * * *
* * * * * * *
(f) Training Programs.--(1) The [Director] Administrator
may--
(A) * * *
(B) conduct or operate schools or including the
payment of travel expenses, in accordance with
subchapter I of chapter 57 of title 5, United States
Code, and the Standardized Government Travel
Regulations, and per diem allowances, in lieu of
subsistence for trainees in attendance or the
furnishing of subsistence and quarters for trainees and
instructors on terms prescribed by the [Director]
Administrator; and
* * * * * * *
(2) The terms prescribed by the [Director] Administrator for
the payment of travel expenses and per diem allowances
authorized by this subsection shall include a provision that
such payment shall not exceed one-half of the total cost of
such expenses.
(3) The [Director] Administrator may lease real property
required for the purpose of carrying out this subsection, but
may not acquire fee title to property unless specifically
authorized by law.
(g) Public Dissemination of Emergency Preparedness
Information.--The [Director] Administrator may publicly
disseminate appropriate emergency preparedness information by
all appropriate means.
(h) Emergency Preparedness Compacts.--(1) The [Director]
Administrator shall establish a program supporting the
development of emergency preparedness compacts for acts of
terrorism, disasters, and emergencies throughout the Nation,
by--
(A) * * *
* * * * * * *
(2) The [Director] Administrator may--
(A) * * *
* * * * * * *
(i) Materials and Facilities.--(1) The [Director]
Administrator may procure by condemnation or otherwise,
construct, lease, transport, store, maintain, renovate or
distribute materials and facilities for emergency preparedness,
with the right to take immediate possession thereof.
* * * * * * *
(3) The [Director] Administrator may lease real property
required for the purpose of carrying out the provisions of this
subsection, but shall not acquire fee title to property unless
specifically authorized by law.
(4) The [Director] Administrator may procure and maintain
under this subsection radiological, chemical, bacteriological,
and biological agent monitoring and decontamination devices and
distribute such devices by loan or grant to the States for
emergency preparedness purposes, under such terms and
conditions as the [Director] Administrator shall prescribe.
(j) Financial Contributions.--(1) The [Director]
Administrator may make financial contributions, on the basis of
programs or projects approved by the [Director] Administrator,
to the States for emergency preparedness purposes, including
the procurement, construction, leasing, or renovating of
materials and facilities. Such contributions shall be made on
such terms or conditions as the [Director] Administrator shall
prescribe, including the method of purchase, the quantity,
quality, or specifications of the materials or facilities, and
such other factors or care or treatment to assure the
uniformity, availability, and good condition of such materials
or facilities.
(2) The [Director] Administrator may make financial
contributions, on the basis of programs or projects approved by
the [Director] Administrator, to the States and local
authorities for animal emergency preparedness purposes,
including the procurement, construction, leasing, or renovating
of emergency shelter facilities and materials that will
accommodate people with pets and service animals.
* * * * * * *
(4) The amounts authorized to be contributed by the
[Director] Administrator to each State for organizational
equipment shall be equally matched by such State from any
source it determines is consistent with its laws.
(5) Financial contributions to the States for shelters and
other protective facilities shall be determined by taking the
amount of funds appropriated or available to the [Director]
Administrator for such facilities in each fiscal year and
apportioning such funds among the States in the ratio which the
urban population of the critical target areas (as determined by
the [Director] Administrator) in each State, at the time of the
determination, bears to the total urban population of the
critical target areas of all of the States.
(6) The amounts authorized to be contributed by the
[Director] Administrator to each State for such shelters and
protective facilities shall be equally matched by such State
from any source it determines is consistent with its laws and,
if not matched within a reasonable time, the [Director]
Administrator may reallocate such amounts to other States under
the formula described in paragraph (4). The value of any land
contributed by any State or political subdivision thereof shall
be excluded from the computation of the State share under this
subsection.
(7) The amounts paid to any State under this subsection shall
be expended solely in carrying out the purposes set forth
herein and in accordance with State emergency preparedness
programs or projects approved by the [Director] Administrator.
The [Director] Administrator shall make no contribution toward
the cost of any program or project for the procurement,
construction, or leasing of any facility which (A) is intended
for use, in whole or in part, for any purpose other than
emergency preparedness, and (B) is of such kind that upon
completion it will, in the judgment of the [Director]
Administrator, be capable of producing sufficient revenue to
provide reasonable assurance of the retirement or repayment of
such cost; except that (subject to the preceding provisions of
this subsection) the [Director] Administrator may make a
contribution to any State toward that portion of the cost of
the construction, reconstruction, or enlargement of any
facility which the [Director] Administrator determines to be
directly attributable to the incorporation in such facility of
any feature of construction or design not necessary for the
principal intended purpose thereof but which is, in the
judgment of the [Director] Administrator necessary for the use
of such facility for emergency preparedness purposes.
(8) The [Director] Administrator shall submit to Congress a
report, at least annually, regarding all contributions made
pursuant to this subsection.
(9) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed
with the assistance of any contribution of Federal funds made
by the [Director] Administrator under this subsection shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (commonly
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and
every such employee shall receive compensation at a rate not
less than one and \1/2\ times the basic rate of pay of the
employee for all hours worked in any workweek in excess of
eight hours in any workday or 40 hours in the workweek, as the
case may be. The [Director] Administrator shall make no
contribution of Federal funds without first obtaining adequate
assurance that these labor standards will be maintained upon
the construction work. The Secretary of Labor shall have, with
respect to the labor standards specified in this subsection,
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of
June 13, 1934 (40 U.S.C. 276(c)).
(k) Sale or Disposal of Certain Materials and Facilities.--
The [Director] Administrator may arrange for the sale or
disposal of materials and facilities found by the [Director]
Administrator to be unnecessary or unsuitable for emergency
preparedness purposes in the same manner as provided for excess
property under the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.). Any funds received as
proceeds from the sale or other disposition of such materials
and facilities shall be deposited into the Treasury as
miscellaneous receipts.
SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.
The [Director] Administrator shall give all practicable
assistance to States in arranging, through the Department of
State, mutual emergency preparedness aid between the States and
neighboring countries.
SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.
(a) General Authority.--To further assist in carrying out the
purposes of this title, the [Director] Administrator may make
financial contributions to the States (including interstate
emergency preparedness authorities established pursuant to
section 611(h)) for necessary and essential State and local
emergency preparedness personnel and administrative expenses,
on the basis of approved plans (which shall be consistent with
the Federal emergency response plans for emergency
preparedness) for the emergency preparedness of the States. The
financial contributions to the States under this section may
not exceed one-half of the total cost of such necessary and
essential State and local emergency preparedness personnel and
administrative expenses.
(b) Plan Requirements.--A plan submitted under this section
shall--
(1) * * *
* * * * * * *
(3) provide for the development of State and local
emergency preparedness operational plans, including a
catastrophic incident annex, pursuant to standards
approved by the [Director] Administrator;
* * * * * * *
(5) provide that the State shall make such reports in
such form and content as the [Director] Administrator
may require;
(6) make available to duly authorized representatives
of the [Director] Administrator and the Comptroller
General, books, records, and papers necessary to
conduct audits for the purposes of this section; and
* * * * * * *
(d) Terms and Conditions.--The [Director] Administrator shall
establish such other terms and conditions as the [Director]
Administrator considers necessary and proper to carry out this
section.
* * * * * * *
(f) Allocation of Funds.--For each fiscal year concerned, the
[Director] Administrator shall allocate to each State, in
accordance with regulations and the total sum appropriated
under this title, amounts to be made available to the States
for the purposes of this section. Regulations governing
allocations to the States under this subsection shall give due
regard to (1) the criticality of the areas which may be
affected by hazards with respect to the development of the
total emergency preparedness readiness of the United States,
(2) the relative state of development of emergency preparedness
readiness of the State, (3) population, and (4) such other
factors as the [Director] Administrator shall prescribe. The
[Director] Administrator may reallocate the excess of any
allocation not used by a State in a plan submitted under this
section. Amounts paid to any State or political subdivision
under this section shall be expended solely for the purposes
set forth in this section.
(g) Standards for State and Local Emergency Preparedness
Operational Plans.--In approving standards for State and local
emergency preparedness operational plans pursuant to subsection
(b)(3), the [Director] Administrator shall ensure that such
plans take into account the needs of individuals with household
pets and service animals prior to, during, and following a
major disaster or emergency.
(h) Submission of Plan.--If a State fails to submit a plan
for approval as required by this section within 60 days after
the [Director] Administrator notifies the States of the
allocations under this section, the [Director] Administrator
may reallocate such funds, or portions thereof, among the other
States in such amounts as, in the judgment of the [Director]
Administrator, will best assure the adequate development of the
emergency preparedness capability of the United States.
(h) Annual Reports.--The [Director] Administrator shall
report annually to the Congress all contributions made pursuant
to this section.
* * * * * * *
SEC. 616. DISASTER RELATED INFORMATION SERVICES.
(a) In General.--Consistent with section 308(a), the
[Director] Administrator of Federal Emergency Management Agency
shall--
(1) * * *
* * * * * * *
(b) Group Size.--For purposes of subsection (a), the
[Director] Administrator of Federal Emergency Management Agency
shall define the size of a population group.
SEC. 617. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM.
(a) In General.--To assist urban areas to prepare for any
hazard, the Administrator shall establish an urban area all
hazards preparedness grant program.
(b) Eligibility.--The 100 most populous metropolitan
statistical areas, as defined by the Office of Management and
Budget, shall be eligible to receive a grant award under this
section. The Administrator may consider additional urban areas
for a grant award based on criteria established by the
Administrator.
(c) Notification and Information.--Not later than 30 days
before the Administrator accepts applications for the urban
area all hazards preparedness grant program, the Administrator
shall notify the chief elected official of each urban area and
the Governor of the State in which such urban area is located
if the urban area is eligible for a grant under this section
and provide information regarding the application procedures
and grant award criteria. Such notification and information
shall also be published in the Federal Register not later than
15 days before the Administrator accepts applications for the
grant program.
(d) Application.--An urban area eligible under subsection (b)
may apply to the Administrator for a grant award under this
section. Such application shall demonstrate, to the
satisfaction of the Administrator, that--
(1) the urban area will use funds awarded under this
section to develop or implement activities that support
the emergency management goals of the State in which an
urban area is located; and
(2) the State has reviewed the application.
(e) Allocation of Funds.--
(1) In general.--The Administrator shall allocate
funds to each State in which an urban area selected to
receive a grant award under this section is located
based on--
(A) the population of each eligible urban
area;
(B) the relative level of risk of any hazard
faced by each eligible urban area; and
(C) other factors as determined appropriate
by the Administrator.
(2) Minimum allocation.--In determining the
allocation amount under paragraph (1), the
Administrator may provide each eligible urban area with
a minimum allocation.
(3) State distribution of funds.--
(A) In general.--Not later than 45 days after
the date on which a State receives a grant
award under this section, the State shall
provide each urban area awarded a grant not
less than 80 percent of the award amount for
such area. Any funds retained by a State shall
be expended on items, services, or activities
related to emergency preparedness that benefit
such urban area for activities described in
subsection (f).
(B) Funds retained.--A State shall provide
each urban area awarded such a grant with an
accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) were expended.
(4) Interstate urban areas.--If an urban area
selected to receive a grant award under this section is
located in 2 or more States, the Administrator shall
distribute to each such State a portion of the grant
funds that the Administrator determines to be
appropriate.
(f) Uses of Funds.--An urban area that receives a grant award
under this section may use funds only for activities determined
by the Administrator to enhance the preparedness of an urban
area for a hazard, and shall include--
(1) planning;
(2) purchase and maintenance of equipment;
(3) training;
(4) exercises; and
(5) management and administration.
(g) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue
regulations to implement the urban area all hazards
preparedness grant program under this section.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section--
(1) $525,000,000 for fiscal year 2010;
(2) $575,000,000 for fiscal year 2011; and
(3) $650,000,000 for fiscal year 2012.
Subtitle B--General Provisions
SEC. 621. ADMINISTRATIVE AUTHORITY.
(a) In General.--For the purpose of carrying out the powers
and duties assigned to the [Director] Administrator under this
title, the [Director] Administrator may exercise the
administrative authorities provided under this section.
(b) Advisory Personnel.--(1) The [Director] Administrator may
employ not more than 100 part-time or temporary advisory
personnel (including not to exceed 25 subjects of the United
Kingdom or citizens of Canada) as the [Director] Administrator
considers to be necessary in carrying out the provisions of
this title.
(2) Persons holding other offices or positions under the
United States for which they receive compensation, while
serving as advisory personnel, shall receive no additional
compensation for such service. Other part-time or temporary
advisory personnel so employed may serve without compensation
or may receive compensation at a rate not to exceed $180 for
each day of service, plus authorized subsistence and travel, as
determined by the [Director] Administrator.
(c) Services of Other Agency Personnel and Volunteers.--The
[Director] Administrator may--
(1) * * *
* * * * * * *
(d) Gifts.--Notwithstanding any other provision of law, the
[Director] Administrator may accept gifts of supplies,
equipment, and facilities and may use or distribute such gifts
for emergency preparedness purposes in accordance with the
provisions of this title.
(e) Reimbursement.--The [Director] Administrator may
reimburse any Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its
materials and facilities under this title to the extent funds
are available.
(f) Printing.--The [Director] Administrator may purchase such
printing, binding, and blank-book work from public, commercial,
or private printing establishments or binderies as the
[Director] Administrator considers necessary upon orders placed
by the Public Printer or upon waivers issued in accordance with
section 504 of title 44, United States Code.
(g) Rules and Regulations.--The [Director] Administrator may
prescribe such rules and regulations as may be necessary and
proper to carry out any of the provisions of this title and
perform any of the powers and duties provided by this title.
The [Director] Administrator may perform any of the powers and
duties provided by this title through or with the aid of such
officials of the Federal Emergency Management Agency as the
[Director] Administrator may designate.
(h) Failure To Expend Contributions Correctly.--(1) When,
after reasonable notice and opportunity for hearing to the
State or other person involved, the [Director] Administrator
finds that there is a failure to expend funds in accordance
with the regulations, terms, and conditions established under
this title for approved emergency preparedness plans, programs,
or projects, the [Director] Administrator may notify such State
or person that further payments will not be made to the State
or person from appropriations under this title (or from funds
otherwise available for the purposes of this title for any
approved plan, program, or project with respect to which there
is such failure to comply) until the [Director] Administrator
is satisfied that there will no longer be any such failure.
(2) Until so satisfied, the [Director] Administrator shall
either withhold the payment of any financial contribution to
such State or person or limit payments to those programs or
projects with respect to which there is substantial compliance
with the regulations, terms, and conditions governing plans,
programs, or projects hereunder.
* * * * * * *
SEC. 622. SECURITY REGULATIONS.
(a) Establishment.--The [Director] Administrator shall
establish such security requirements and safeguards, including
restrictions with respect to access to information and property
as the [Director] Administrator considers necessary.
* * * * * * *
(c) National Security Positions.--No employee of the Federal
Emergency Management Agency shall occupy any position
determined by the [Director] Administrator to be of critical
importance from the standpoint of national security until a
full field investigation concerning such employee shall have
been conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the [Director] Administrator of the Federal
Emergency Management Agency. In the event such full field
investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant for
a position of critical importance is of questionable loyalty or
reliability for security purposes, or if the [Director]
Administrator of the Federal Emergency Management Agency for
any other reason considers it to be advisable, such
investigation shall be discontinued and a report thereon shall
be referred to the [Director] Administrator of the Federal
Emergency Management Agency for evaluation in writing.
Thereafter, the [Director] Administrator of the Federal
Emergency Management Agency may refer the matter to the Federal
Bureau of Investigation for the conduct of a full field
investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the
[Director] Administrator of the Federal Emergency Management
Agency for action.
(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency acting under the authority of this
title, except the subjects of the United Kingdom and citizens
of Canada specified in section 621(b), shall execute the
loyalty oath or appointment affidavits prescribed by the
[Director] Administrator of the Office of Personnel Management.
Each person other than a Federal employee who is appointed to
serve in a State or local organization for emergency
preparedness shall before entering upon duties, take an oath in
writing before a person authorized to administer oaths, which
oath shall be substantially as follows: I, ----------, do
solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to
enter.And I do further swear (or affirm) that I do not
advocate, nor am I a member or an affiliate of any
organization, group, or combination of persons that advocates
the overthrow of the Government of the United States by force
or violence; and that during such time as I am a member of ----
------ (name of emergency preparedness organization), I will
not advocate nor become a member or an affiliate of any
organization, group, or combination of persons that advocates
the overthrow of the Government of the United States by force
or violence.'' After appointment and qualification for office,
the director of emergency preparedness of any State, and any
subordinate emergency preparedness officer within such State
designated by the director in writing, shall be qualified to
administer any such oath within such State under such
regulations as the director shall prescribe. Any person who
shall be found guilty of having falsely taken such oath shall
be punished as provided in section 1621 of title 18, United
States Code.
SEC. 623. USE OF EXISTING FACILITIES.
In performing duties under this title, the [Director]
Administrator--
(1) * * *
* * * * * * *
(3) shall refrain from engaging in any form of
activity which would duplicate or parallel activity of
any other Federal department or agency unless the
[Director] Administrator, with the written approval of
the President, shall determine that such duplication is
necessary to accomplish the purposes of this title.
SEC. 624. ANNUAL REPORT TO CONGRESS.
The [Director] Administrator shall annually submit a written
report to the President and Congress covering expenditures,
contributions, work, and accomplishments of the Federal
Emergency Management Agency pursuant to this title, accompanied
by such recommendations as the [Director] Administrator
considers appropriate.
* * * * * * *
SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM.
(a) In General.--The [Director] Administrator shall establish
a minority emergency preparedness demonstration program to
research and promote the capacity of minority communities to
provide data, information, and awareness education by providing
grants to or executing contracts or cooperative agreements with
eligible nonprofit organizations to establish and conduct such
programs.
* * * * * * *
(e) Application and Review Procedure.--To be eligible to
receive a grant, contract, or cooperative agreement under this
section, an organization must submit an application to the
[Director] Administrator at such time, in such manner, and
accompanied by such information as the [Director] Administrator
may reasonably require. The [Director] Administrator shall
establish a procedure by which to accept such applications.
* * * * * * *