[House Report 115-191]
[From the U.S. Government Publishing Office]
115th Congress } { Rept. 115-191
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
FEMA REAUTHORIZATION ACT OF 2017
_______
June 23, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2548]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2548) to reauthorize the programs
and activities of the Federal Emergency Management Agency,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 9
Legislative History and Consideration............................ 10
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Performance Goals and Objectives................................. 13
Advisory of Earmarks............................................. 13
Duplication of Federal Programs.................................. 13
Disclosure of Directed Rule Makings.............................. 14
Federal Mandate Statement........................................ 14
Preemption Clarification......................................... 14
Advisory Committee Statement..................................... 14
Applicability of Legislative Branch.............................. 14
Section-by-Section Analysis of Legislation....................... 14
Changes in Existing Law Made by the Bill, as Reported............ 15
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEMA Reauthorization Act of 2017''.
SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each place
it appears and inserting ``management and administration'';
(2) in paragraph (2), by striking ``; and'';
(3) in paragraph (3), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2018, $1,049,000,000;
``(5) for fiscal year 2019, $1,065,784,000; and
``(6) for fiscal year 2020, $1,082,836,544.''.
SEC. 3. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall begin, acting through
the National Advisory Council, a comprehensive study relating to
disaster costs and losses and Federal disaster assistance.
(b) Additional Membership.--For the purposes of the comprehensive
study required under subsection (a), as soon as practicable after the
date of enactment of this Act, the Administrator shall appoint the
following members to the National Advisory Council:
(1) Individuals who have the requisite technical knowledge
and expertise on issues related to disaster costs and losses.
(2) Representatives of the insurance industry.
(3) Experts in and representatives of the construction and
building industry.
(4) Individuals nominated by national organizations
representing State, local, and tribal governments and
personnel.
(5) Academic experts.
(6) Representatives of the private industry, such as vendors,
developers, and manufacturers of systems, facilities,
equipment, and capabilities for emergency management services.
(7) Other members, as the Administrator considers
appropriate.
(c) Consultation With Nonmembers.--For the purposes of the
comprehensive study required under subsection (a), the National
Advisory Council shall consult with other relevant agencies and
entities that are not represented on the National Advisory Council to
consider research, data, findings, recommendations, innovative
technologies and developments, including--
(1) entities engaged in federally funded research; and
(2) academic institutions engaged in relevant work and
research.
(d) Study Requirements.--Not later than 120 days after the date of
enactment of this Act, the National Advisory Council shall convene to
evaluate disaster costs and losses and Federal disaster assistance,
including consideration of the following:
(1) Trends and contributing factors.--An assessment of
trends, and factors contributing to such trends (such as
shifting demographics and aging infrastructure), in disaster
costs and losses and Federal disaster assistance, including the
following:
(A) Loss of life and injury.
(B) Property damage and other costs to individuals,
the private sector, and each level of government.
(C) Presidentially declared disasters.
(D) Disaster assistance available from all Federal
sources.
(2) Disaster roles and responsibility.--Fundamental
principles that drive national disaster assistance decision
making, including the appropriate roles for each level of
government, the private sector, and individuals.
(e) Recommendations.--The National Advisory Council shall develop
recommendations to reduce disaster costs and losses in the United
States and to more efficiently and effectively deliver Federal disaster
assistance, including consideration of the following:
(1) Actions to enhance national disaster assistance decision
making.
(2) Incentives, including tax incentives, to reduce disaster
costs and losses and promote a more efficient and effective use
of Federal disaster assistance.
(3) Mechanisms to promote disaster cost and loss reduction,
mitigation, and resiliency.
(4) Legislative proposals, including proposals for
implementing the recommendations in the report compiled
pursuant to the requirement in section 1111 of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat.
49).
(5) Legal, societal, geographic, technological, and other
challenges to implementation of recommendations.
(6) Projected dollar savings and efficiencies, including
measures of effectiveness, from recommendations.
(f) Report to Administrator and Congress.--Not later than 1 year
after the National Advisory Council convenes under subsection (d), the
National Advisory Council shall submit a report containing the data,
analysis, and recommendations developed under subsections (d) and (e)
to--
(1) the Administrator;
(2) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(g) Availability of Information.--The Administrator shall make the
data collected pursuant to this section publicly available on the
website of the Agency.
SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (d) by striking paragraphs (1) and (2) and
inserting the following:
``(1) for the Center for Domestic Preparedness--
``(A) $63,939,000 for fiscal year 2018;
``(B) $64,962,024 for fiscal year 2019; and
``(C) $66,001,416 for fiscal year 2020; and
``(2) for the members referred to in paragraphs (2) through
(7) of subsection (b)--
``(A) $101,000,000 for fiscal year 2018;
``(B) $102,606,000 for fiscal year 2019; and
``(C) $104,247,856 for fiscal year 2020.''; and
(2) in subsection (e) in the matter preceding paragraph (1),
by striking ``2007'' and inserting ``2015''.
SEC. 5. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO
EARTHQUAKES AND TSUNAMIS.
The Administrator of the Federal Emergency Management Agency shall be
responsible for the Nation's efforts to reduce the loss of life and
property, and to protect the Nation, from an earthquake, tsunami, or
combined earthquake and tsunami event by developing the ability to
prepare and plan for, mitigate against, respond to, recover from, and
more successfully adapt to such an event.
SEC. 6. AUTHORITIES.
Notwithstanding any other provision of law, the non-federally funded
actions of private parties, State, local, or Tribal governments, on
State, local, Tribal, and private land, and the effects of those
actions, shall not be attributed to the Federal Emergency Management
Agency's actions under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (subtitle A of title II of division F of Public Law 112-141; 126
Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014
(Public Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16
U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species
Act. Actions taken under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, the Biggert Waters Flood
Insurance Reform Act of 2012, and the Homeowner Flood Insurance
Affordability Act of 2014, that may influence private actions do not
create a Federal nexus for the purpose of applying the requirements of
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT.
(a) Homeland Security Act of 2002.--Title V of the Homeland Security
Act of 2002 (6 U.S.C. 501 et seq.) is amended--
(1) in section 501(8) (6 U.S.C. 311(8))--
(A) by striking ``National Response Plan'' each place
it appears and inserting ``National Response
Framework''; and
(B) by striking ``502(a)(6)'' and inserting
``504(a)(6)'';
(2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting ``and
incidents impacting critical infrastructure'' before the
semicolon;
(3) in section 504(a) (6 U.S.C. 314(a))--
(A) in paragraph (3) by striking ``, including--''
and inserting ``(that includes incidents impacting
critical infrastructure), including--'';
(B) in paragraph (4) by inserting ``, including
incidents impacting critical infrastructure'' before
the semicolon;
(C) in paragraph (5) by striking ``and local'' and
inserting ``local, and tribal'';
(D) in paragraph (6) by striking ``national response
plan'' and inserting ``national response framework,
which shall be reviewed and updated as required but not
less than every 5 years'';
(E) by redesignating paragraphs (7) through (21) as
paragraphs (8) through (22), respectively;
(F) by inserting after paragraph (6) the following:
``(7) developing integrated frameworks, to include
consolidating existing Government plans addressing prevention,
protection, mitigation, and recovery with such frameworks
reviewed and updated as required, but not less than every 5
years;''; and
(G) in paragraph (14), as redesignated, by striking
``National Response Plan'' each place it appears and
inserting ``National Response Framework'';
(4) in section 507 (6 U.S.C. 317)--
(A) in subsection (c)--
(i) in paragraph (2)(E), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(ii) in paragraph (3)(A), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(B) in subsection (f)(1)(G), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(5) in section 508 (6 U.S.C. 318)--
(A) in subsection (b)(1), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(B) in subsection (d)(2)(A), by striking ``The Deputy
Administrator, Protection and National Preparedness''
and inserting ``A Deputy Administrator'';
(6) in section 509 (6 U.S.C. 319)--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``National Response
Plan'' and inserting ``National
Response Framework, National Protection
Framework, National Prevention
Framework, National Mitigation
Framework, National Recovery
Framework'';
(II) by striking ``successor'' and
inserting ``successors''; and
(III) by striking ``plan'' at the end
of that paragraph and inserting
``framework''; and
(ii) in paragraph (2), by striking ``National
Response Plan'' each place it appears and
inserting ``National Response Framework''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``National response
plan'' in the header and inserting
``National response framework''; and
(II) by striking ``National Response
Plan'' in the text and inserting
``National Response Framework''; and
(ii) in subparagraph (B), by striking
``National Response Plan'' and inserting
``National Response Framework'';
(7) in section 510 (6 U.S.C. 320)--
(A) in subsection (a), by striking ``enter into a
memorandum of understanding'' and inserting
``partner'';
(B) in subsection (b)(1)(A), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(C) in subsection (c), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking
``and local'' each place it appears and inserting ``, local,
and tribal'';
(9) by striking section 524 (6 U.S.C. 321m); and
(10) in section 525(a) (6 U.S.C. 321n), by striking
``Secretary'' and inserting ``Administrator''.
(b) Post-Katrina Emergency Management Reform Act of 2006.--
(1) Citation correction.--Section 602(13) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is
amended by striking ``502(a)(6)'' and inserting ``504(a)(6)''.
(2) Change of reference.--Chapter 1 of subtitle C of title VI
of the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295) is amended by striking ``National Response
Plan'' each place it appears and inserting ``National Response
Framework''.
Purpose of Legislation
H.R. 2548, as amended, reauthorizes the programs and
activities of the Federal Emergency Management Agency (FEMA).
Background and Need for Legislation
Federal Emergency Management Agency: History and Reauthorization
FEMA was established in 1979 by Executive Order 12148 by
President Carter in response to a number of massive disasters
in the 1960s and 1970s. As a result of states trying to manage
these disasters, the National Governors Association and others
made a proposal to streamline and cut the number of agencies
states were required to work with following a disaster. Prior
to the creation of FEMA, the federal government's emergency
response mechanisms were scattered among many agencies
throughout government. The creation of FEMA helped to
centralize these authorities and the coordination of the
federal government's response to a disaster. The Disaster
Relief Act of 1974 (Public Law 93-288), which constituted the
statutory authority for most federal disaster response
activities, especially of FEMA, was later amended by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act,
(Stafford Act) (Public Law 100-707). Following more than two
decades as an independent agency, the Homeland Security Act of
2002 (Public Law 107-296) created the Department of Homeland
Security (DHS), placed FEMA within DHS, and FEMA's functions
were dispersed among various offices and directorates within
DHS.
Post-Katrina Emergency Management Reform Act of 2006
In 2005, Hurricanes Katrina and Rita devastated the Gulf
Coast. Following the poor response that occurred, several
investigations and congressional hearings took place to examine
the preparation for, response to, and later recovery from these
hurricanes. In particular, the Select Bipartisan Committee to
Investigate the Preparation for and Response to Hurricane
Katrina was formed and culminated in the issuance of a report
entitled, ``A Failure of Initiative: The Final Report of the
Select Bipartisan Committee to Investigate the Preparation for
and Response to Hurricane Katrina'' on February 15, 2006.
Not long after the issuance of this report, Congress
enacted the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295) (PKEMRA), which gave FEMA clear
guidance on its mission and priorities, and provided it with
the authorities and tools needed to become a more effective and
efficient agency and a better partner to state, local,
territorial, and tribal governments. PKEMRA authorized FEMA for
the first time in legislation.
FEMA Disaster Assistance Reform Act of 2017
H.R. 2548, as amended, the FEMA Reauthorization Act of
2017, establishes a comprehensive study to assess disaster
costs and develop recommendations for reducing those costs,
reauthorizes FEMA's overall management and administration
through fiscal year 2020, and reauthorizes other programs
important to the Nation's emergency management capabilities and
components of the disaster preparedness and response system.
Comprehensive study for disaster costs and losses
Disaster costs and losses continue to increase and H.R.
2548, as amended, requires a complete assessment of those
losses, what is driving those losses, what federal disaster
assistance is available to individuals and the public and
private sectors, the appropriate roles of each of those
parties, and what public policy changes would result in fewer
disaster losses and lower disaster costs.
The study will be undertaken through the existing National
Advisory Council established by FEMA pursuant to section 508 of
PKEMRA (6 U.S.C. 318). The Administrator is required to appoint
additional members for the purpose of the study to ensure that
the full array of public and private sector stakeholders are
involved and contributing. The Committee does not intend for
these additional members to become permanent members of the
National Advisory Council, but are to participate fully until
the completion of the study and recommendations.
When the National Advisory Council develops recommendations
related to ``mechanisms to promote disaster cost and loss
reduction, mitigation and resiliency'' under section 3(e)(3) of
H.R. 2548, as amended, the Council shall consider resiliency to
mean: resistant to hazards related to major disasters, ability
of the project to serve its primary function following a major
disaster, ability to reduce the magnitude or duration of a
disruptive event to the community, and have the absorptive and
adaptive capacity and recoverability to withstand a potentially
disruptive event. The Committee requests that the comprehensive
study on disaster costs and losses consider the utility of
disaster resistant construction techniques and green
construction techniques to reduce the impact of major disasters
or hazards. The study should include the methods that can be
employed to create disaster resistant communities to reduce
loss of life and property and should consider existing guidance
and policies, the hazards against which they are intended to
mitigate, and the process for reviewing and updating guidance.
In addition, the study should identify any gaps, challenges,
and limiting factors that exist, including required changes to
statute or regulation. The Committee further believes it is
important to ensure such guidance is readily available to key
stakeholders.
The professional engineering industry has made valuable
contributions to emergency response and recovery efforts in the
wake of disasters and emergencies. Structural engineers
evaluate and stabilize structures in support of emergency
responders conducting search and rescue, and mechanical
engineers are sometimes needed to help free victims. Disasters
and emergencies, whether they are natural or manmade, are
varied and unpredictable, and engineering services are needed
for rescue, recovery, reconstruction, and remediation services.
Unfortunately, property and lives are sometimes lost or damaged
during a disaster and the ensuing emergency response effort.
The Committee is concerned that the potential threat of
liability and other factors may deter professional engineers
and other professionals from contributing their skills during
times of disasters and emergencies. The Committee requests FEMA
to investigate any potential limiting factors that may deter
professionals from contributing skills to disaster response
efforts and how those factors may be appropriately mitigated.
This is yet another important contributing factor to disaster
costs and losses. In conducting the comprehensive study
relating to disaster costs and losses, the members of the
National Advisory Council conducting the study should include
professional engineers and should consider issues of liability
and other limiting factors that may deter engineers and other
professionals from participating in disaster response and
recovery.
As part of the comprehensive study, the Committee is
interested in innovative ideas to aid long-term recovery
efforts, mitigate future disaster damage, and engage
communities in building local and regional resilience. The
National Advisory Council should examine how to better inform
and collaborate with individual, community, non-governmental
organizations, and local governments, as well as whether and
how to incorporate new technology and scientific research to
address community vulnerabilities and assets. Further, the
Council should consider whether a regionally based authority
could aid in this effort.
FEMA is to be wholly transparent throughout the study by
posting data, findings and other materials on their website, to
the extent that the data and information does not include
private, sensitive, or secure information. Periodic updates
should be given to the Committee.
Center for Domestic Preparedness
The Center for Domestic Preparedness provides specialized,
all-hazards preparedness training in support of the National
Training and Education System to state, local, and tribal
emergency responders on skills tied to national preparedness
priorities, particularly those related to chemical, biological,
radiological, and nuclear weapons of mass destruction. To date,
the Center for Domestic Preparedness has trained more than
895,690 students from state, local, and tribal agencies.
Training is designed to build the Nation's capacity to respond
to and recover from disasters in a quick and robust fashion,
therefore, strengthening the Nation's preparedness and
resilience in support of emergency and disaster declarations,
response operations, exercises, and National Special Security
Events.
National Domestic Preparedness Consortium
The National Domestic Preparedness Consortium provides
first responders with a comprehensive all-hazards training
program that includes a focus on weapons of mass destruction
and natural disasters aimed to improve their capacity to
prevent, protect against, respond to, and recover from all
hazards.
FEMA's responsibilities for earthquake and tsunami events
Currently, FEMA is responsible for leading ``the Nation's
efforts to prepare for, protect against, respond to, recover
from, and mitigate against the risk of natural disasters . . .
.'' (6 U.S.C. 313). This lead role should and does include
earthquake and tsunami events. The Committee believes FEMA must
provide the same attention and focus to the threat of
earthquake and tsunami hazards and events as it does to other
hazards, such as flooding and hurricanes. The Committee also
directs FEMA to work to ensure that other federal agencies with
earthquake and tsunami programs ensure that those programs are
coordinated with FEMA's activities.
Authorities
FEMA is not responsible for privately funded actions by
private parties on private land. Yet other federal agencies
have taken it upon themselves to interpret FEMA's authorities
under FEMA's program in a manner contrary to Congress' intent
and FEMA's long-standing interpretation. In order to prevent
other federal agencies from attempting to broaden FEMA's
authorities, the Committee is required to state again that
privately funded actions taken by private parties on private
land do not constitute federal actions, and actions taken under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141 division F, title II, subtitle A; 126
Stat. 916), and the Homeowner Flood Insurance Affordability Act
of 2014 (Public Law 113-89; 128 Stat. 1020), that may influence
private actions do not create a federal nexus that requires
consultation under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
Other items
Vulnerable populations
As FEMA carries out its authorities and responsibilities,
the Committee directs FEMA to provide guidance and coordination
to states, tribes, and local governments as they develop state,
tribal and local preparedness plans to assure that they
consider effective means for evacuating their elderly,
disabled, and homeless populations. In particular, as FEMA
provides funding, training, exercise, technical assistance,
planning, and other assistance to build state, tribal, and
local capabilities, FEMA should encourage and highlight the
importance of ensuring these populations are consulted and
included in State, tribal and local activities.
Disaster Resilient Universities Network
Colleges and universities are critical to the economic
health of their surrounding communities. Often serving as
regional, if not national, hubs for innovation and research,
their ability to resume operations quickly following a disaster
greatly speeds the recovery of the entire community. In 2000,
six schools participated in the FEMA Disaster Resistant
Universities pilot initiative. The intent of FEMA's initiative
was to support university efforts to reduce and manage
vulnerability to hazards. The pilot initiative yielded a grant
program and a how-to guide focused on mitigation and risk
reduction. The grant program was short-lived--there was only
one funding cycle, and fewer than 20 schools received grant
funding for campus mitigation planning.
Several institutions of higher education kept the core
concept of the Disaster Resilient Universities (DRU) alive.
They saw the need for a practical, peer-to-peer network to
support emergency management and disaster planning on their
campuses. In 2005, the University of Oregon started the DRU
listserv with 35 members. The listserv quickly became the
cornerstone of the DRU Network and served as a
multidisciplinary, practitioner-based communication resource.
The goal was simple: facilitate open communication, discussion,
and resource sharing among university and college practitioners
charged with making the Nation's campuses more disaster
resilient. As of 2015, there are over 1,200 members on the DRU
listserv.
The DRU concept has continued to evolve over time. Key to
the evolution was the formation of the University and College
Caucus (UCC) under the International Association of Emergency
Managers. The DRU Network and UCC have developed a number of
tools and resources on a peer-to-peer multidisciplinary basis.
These include: DRU listserv and repository; Annual University
and College Caucus workshop; regional DRU summits;
practitioner-based training and course development in
partnership with FEMA Emergency Management Institute; standards
and resilience crosswalk tool; higher education guidance for
the Emergency Management Accreditation Program, and DRU
incident tracking system.
Over the past year, the International Association of
Emergency Managers--Universities and College Caucus and
Disaster Resilient Universities network has been working to
develop the first National Intercollegiate Mutual Aid
Agreement. The National Intercollegiate Mutual Aid Agreement
among colleges and universities will provide a peer-to-peer
network for institutions of higher education to coordinate
assistance and share resources during emergencies. The
Committee recognizes this as a positive step forward to
protecting the mission of our nation's universities and
colleges and commends the DRU and UCC for advancing disaster
resilience on our nation's campuses.
Hearings
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 2548, as amended, during the 114th and 115th Congress:
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
``What is Driving the Increasing Costs and Rising Losses
from Disasters?'' held on March 18, 2015. The purpose of the
roundtable was to examine and discuss data related to disaster
costs, the trends observed over time, and the projections for
the future given the policies in place today.
``Pacific Northwest Seismic Hazards: Planning and Preparing
for the Next Disaster'' held on May 19, 2015. The purpose of
the hearing was to assess the FEMA's role in earthquake hazard
preparedness, mitigation, response, and recovery, and to
examine the efforts of the Pacific Northwest and seismic hazard
experts to reduce disaster impacts and build stronger
communities.
``The State of Pennsylvania and FEMA Region III are Leaders
in Mitigating Disaster Costs and Losses'' held on May 28, 2015.
The purpose of the roundtable was to examine disaster costs and
losses, focus on hazards impacting Pennsylvania and the region,
and identify best practices for mitigating and avoiding
disaster impacts.
``Federal Disaster Assistance: Roles, Programs and
Coordination'' held on June 17, 2015. The purpose of the
roundtable was to examine and discuss federal disaster
assistance programs, the requirements and effectiveness of
those programs, and coordination among various agencies and
stakeholders.
``Earthquake Early Warning in the Pacific Northwest:
Preparing for the Big One'' held on September 22, 2015. The
purpose of the roundtable was to convene federal, state and
local officials and academics to discuss earthquake resiliency
programs and efforts, the Shake Alert earthquake early warning
system, and next steps for developing an offshore earthquake
early warning system.
``Controlling the Rising Cost of Federal Responses to
Disaster'' held on May 12, 2016. The purpose of the hearing was
to begin exploring potential solutions and the principles that
should be driving solutions to lower the overall costs of
disasters and to help avoid devastating losses.
``An Examination of FEMA's Limited Role in Local Land Use
Development Decisions'' held on September 21, 2016. The purpose
of the hearing was to examine FEMA's role and authorities under
the National Flood Insurance Program (NFIP), their impact on
local land-use development decisions, and the national
implications of FEMA's implementation of the NFIP.
``Building a 21st Century Infrastructure for America: The
National Preparedness System'' held on March 16, 2017. The
purpose of the hearing was to assess the development,
successes, and challenges of the National Preparedness System
and to understand how well the preparedness grant program is
building national preparedness capabilities.
``Building a 21st Century Infrastructure for America:
Mitigating Damage and Recovering Quickly from Disasters'' held
on April 27, 2017. The purpose of the hearing was to examine
how to protect infrastructure against future disaster damage,
how to lower the overall disaster costs, and to identify
challenges facing FEMA in responding to, recovering from, and
mitigating against disasters, both natural and manmade.
Legislative History and Consideration
On May 19, 2017, Subcommittee on Economic Development,
Public Buildings, and Emergency Management Chairman,
Congressman Lou Barletta (R-PA) introduced H.R. 2548, a bill to
reauthorize the programs and activities of the FEMA, along with
Subcommittee Ranking Member, Congressman Henry C. ``Hank''
Johnson, Jr. (D-GA); Full Committee Chairman, Congressman Bill
Shuster (R-PA); and Full Committee Ranking Member, Congressman
Peter A. DeFazio (D-OR).
On May 24, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 2548. The
Committee considered one amendment offered by Full Committee
Ranking Member Peter A. DeFazio (D-OR) which passed by voice
vote. The Committee ordered the bill, as amended, reported
favorably to the House by voice vote with a quorum present.
Committee 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. There were no recorded votes taken in connection
with consideration of H.R. 2548, as amended, or ordering the
measure reported. A motion to order H.R. 2548, 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.
New Budget Authority and Tax Expenditures
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 cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
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. 2548, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2017.
Hon. Bill Shuster,
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. 2548, the FEMA
Reauthorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2548--FEMA Reauthorization Act of 2017
Summary: H.R. 2548 would authorize appropriations for the
administration and operation of the Federal Emergency
Management Agency (FEMA) and for the National Domestic
Preparedness Consortium (NDPC) from 2018 through 2020. The bill
also would require FEMA's National Advisory Council (NAC) to
complete a comprehensive study of disaster costs and federal
disaster assistance.
CBO estimates that implementing H.R. 2548 would cost about
$3.7 billion over the 2018-2022 period, assuming appropriation
of the authorized and necessary amounts. Enacting H.R. 2548
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
H.R. 2548 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 effect of H.R. 2548 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--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
FEMA Administration and Operation:
Authorization Level.................. 0 1,049 1,066 1,083 0 0 3,198
Estimated Outlays.................... 0 629 954 1,064 421 97 3,165
National Domestic Preparedness
Consortium:
Authorization Level.................. 0 165 168 170 0 0 503
Estimated Outlays.................... 0 99 150 167 66 15 497
National Advisory Council Study:
Estimated Authorization Level........ 0 4 0 0 0 0 4
Estimated Outlays.................... 0 4 0 0 0 0 4
Total Increases
Estimated Authorization Level.... 0 1,218 1,234 1,253 0 0 3,705
Estimated Outlays................ 0 732 1,104 1,231 487 112 3,666
----------------------------------------------------------------------------------------------------------------
Note: FEMA = Federal Emergency Management Agency.
Basis of estimate: For this estimate, CBO assumes that H.R.
2548 will be enacted near the end of 2017, that the authorized
and necessary amounts will be appropriated for each year, and
that spending will follow historical patterns for the affected
programs.
FEMA administration and operation
FEMA is responsible for protecting against, responding to,
and recovering from all hazards, including natural disasters,
acts of terrorism, and other man-made disasters. H.R. 2548
would authorize the appropriation of about $1 billion for 2018
and about $3.2 billion over the 2018-2020 period for the
administration and operation of FEMA; in 2017, the Congress
appropriated $1 billion for those purposes. CBO estimates that
implementing this section would cost about $3.2 billion over
the 2018-2022 period.
National domestic preparedness consortium
The NDPC is a partnership of several nationally recognized
organizations that address the counter-terrorism preparedness
needs of the nation's emergency responders within the context
of all hazards. FEMA uses this organization to identify,
develop, test, and deliver training to state and local
emergency responders. The bill would authorize the
appropriation of $165 million for 2018 and $503 million over
the 2018-2020 period for operation of the NDPC; in 2016 FEMA
allocated $98 million for the NDPC (the latest year for which
information is available). CBO estimates that implementing this
section would cost $497 million over the 2018-2022 period.
National Advisory Council study
H.R. 2548 would direct the NAC to complete a comprehensive
study of the costs of recent disasters and the effectiveness of
FEMA's emergency assistance programs. The NAC also would submit
recommendations to the Congress to improve the efficiency and
effectiveness of federal disaster relief. Based on an analysis
of information provided by FEMA on the cost of a similar study,
CBO estimates that implementing this provision would cost $4
million in 2018.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 2548
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Robert Reese; Impact
on state, local, and tribal governments: Rachel Austin; Impact
on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to reauthorize the programs and activities of FEMA.
Advisory of Earmarks
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. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2548, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 2548, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
Federal Mandate 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 (Public Law 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. 2548, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
H.R. 2548, as amended, requires a comprehensive study of
disaster costs and losses through the existing National
Advisory Council, as established pursuant to section 508 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
318) and provides for any costs associated with such committee
be provided for from the amounts authorized in the legislation.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, 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
(Public Law 104-1).
Section-by-Section Analysis of Legislation
Section 1: Short title
Section 1 designates the short title as the ``FEMA
Reauthorization Act of 2017.''
Section 2: Reauthorization of the Federal Emergency Management Agency
(FEMA)
This section reauthorizes FEMA through fiscal year 2020,
consistent with current funding levels. For fiscal year 2018,
$1.05 billion; for fiscal year 2019, $1.07 billion; for fiscal
year 2020, $1.08 billion.
Section 3: Comprehensive study of disaster costs and losses
This section directs the National Advisory Council to
undertake a comprehensive study into the trends related to
disaster assistance, costs and losses and provide
recommendations to reduce the costs related to these events.
Section 4: National Domestic Preparedness Consortium
This section reauthorizes the Center for Domestic
Preparedness through fiscal year 2020, consistent with current
funding levels. For fiscal year 2018, $63.9 million; for fiscal
year 2019, $65 million; for fiscal year 2020, $66 million. This
section also reauthorizes the National Domestic Preparedness
Consortium through fiscal year 2020, consistent with current
funding levels. For fiscal year 2018, $101 million; for fiscal
year 2019, $102.6 million; for fiscal year 2020, $104.2
million.
Section 5: National preparation and response efforts relating to
earthquakes and tsunamis
This section states that the Administrator is responsible
for the Nation's efforts to reduce the loss of life and
property from an earthquake, tsunami, or combined event.
Section 6: Authorities
This section clarifies what constitutes a federal action
for purposes of consultation.
Section 7: Technical amendments to national emergency management
This section makes technical changes to the national
emergency management provisions of the law by making needed
updates and corrections to unintentional errors.
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):
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, and existing law in which no
change is proposed is shown in roman):
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 602. 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 ``appropriate committees of
Congress''means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) those committees of the House of
Representatives that the Speaker of the House
of Representatives determines appropriate;
(4) 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;
(5) the term ``Department'' means the Department of
Homeland Security;
(6) the terms ``emergency'' and ``major disaster''
have the meanings given the terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122);
(7) the term ``emergency management'' means the
governmental function that coordinates and integrates
all activities necessary to build, sustain, and improve
the capability to prepare for, protect against, respond
to, recover from, or mitigate against threatened or
actual natural disasters, acts of terrorism, or other
man-made disasters;
(8) the term ``emergency response provider'' has the
meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101), as amended by this
Act;
(9) 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);
(10) the term ``individual with a disability'' has
the meaning given the term in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102);
(11) the terms ``local government'' and ``State''
have the meaning given the terms in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101);
(12) the term ``National Incident Management System''
means a system to enable effective, efficient, and
collaborative incident management;
(13) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under section [502(a)(6)] 504(a)(6) of the Homeland
Security Act of 2002 (as amended by this Act);
(14) the term ``Secretary'' means the Secretary of
Homeland Security;
(15) 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; and
(16) the term ``tribal government'' means the
government of an Indian tribe or authorized tribal
organization, or in Alaska a Native village or Alaska
Regional Native Corporation.
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
* * * * * * *
SEC. 648. TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national training program to implement the
national preparedness goal, National Incident
Management System, [National Response Plan] National
Response Framework, and other related plans and
strategies.
(2) Training partners.--In developing and
implementing the national training program, the
Administrator shall--
(A) work with government training facilities,
academic institutions, private organizations,
and other entities that provide specialized,
state-of-the-art training for emergency
managers or emergency response providers; and
(B) utilize, as appropriate, training courses
provided by community colleges, State and local
public safety academies, State and private
universities, and other facilities.
(b) National Exercise Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national exercise program to test and
evaluate the national preparedness goal, National
Incident Management System, [National Response Plan]
National Response Framework, and other related plans
and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) as realistic as practicable,
based on current risk assessments,
including credible threats,
vulnerabilities, and consequences, and
designed to stress the national
preparedness system;
(ii) designed, as practicable, to
simulate the partial or complete
incapacitation of a State, local, or
tribal government;
(iii) carried out, as appropriate,
with a minimum degree of notice to
involved parties regarding the timing
and details of such exercises,
consistent with safety considerations;
(iv) designed to provide for the
systematic evaluation of readiness and
enhance operational understanding of
the incident command system and
relevant mutual aid agreements;
(v) designed to address the unique
requirements of populations with
special needs, including the elderly;
and
(vi) designed to promptly develop
after-action reports and plans for
quickly incorporating lessons learned
into future operations; and
(B) shall include a selection of model
exercises that State, local, and tribal
governments can readily adapt for use and
provide assistance to State, local, and tribal
governments with the design, implementation,
and evaluation of exercises (whether a model
exercise program or an exercise designed
locally) that--
(i) conform to the requirements under
subparagraph (A);
(ii) are consistent with any
applicable State, local, or tribal
strategy or plan; and
(iii) provide for systematic
evaluation of readiness.
(3) National level exercises.--The Administrator
shall periodically, but not less than biennially,
perform national exercises for the following purposes:
(A) To test and evaluate the capability of
Federal, State, local, and tribal governments
to detect, disrupt, and prevent threatened or
actual catastrophic acts of terrorism,
especially those involving weapons of mass
destruction.
(B) To test and evaluate the readiness of
Federal, State, local, and tribal governments
to respond and recover in a coordinated and
unified manner to catastrophic incidents.
SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
The Administrator, in coordination with the National Council
on Disability and the National Advisory Council, shall
establish a remedial action management program to--
(1) analyze training, exercises, and real-world
events to identify and disseminate lessons learned and
best practices;
(2) generate and disseminate, as appropriate, after
action reports to participants in exercises and real-
world events; and
(3) conduct remedial action tracking and long-term
trend analysis.
* * * * * * *
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency responsibility.--In support of the national
preparedness system, the President shall ensure that each
Federal agency with responsibilities under the [National
Response Plan] National Response Framework--
(1) has the operational capability to meet the
national preparedness goal, including--
(A) the personnel to make and communicate
decisions;
(B) organizational structures that are
assigned, trained, and exercised for the
missions of the agency;
(C) sufficient physical resources; and
(D) the command, control, and communication
channels to make, monitor, and communicate
decisions;
(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);
(3) develops, trains, and exercises rosters of
response personnel to be deployed when the agency is
called upon to support a Federal response;
(4) develops deliberate operational plans and the
corresponding capabilities, including crisis planning,
to respond effectively to natural disasters, acts of
terrorism, and other man-made disasters in support of
the [National Response Plan] National Response
Framework to ensure a coordinated Federal response; and
(5) regularly updates, verifies the accuracy of, and
provides to the Administrator the information in the
inventory required under section 651.
(b) Operational plans.--An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under a
unified system with a common terminology, approach, and
framework.
(2) The operations plan shall be developed, in
coordination with State, local, and tribal government
officials, to address both regional and national risks.
(3) The operations plan shall contain, as
appropriate, the following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel
requirements, together with sourcing
requirements.
(D) Specific provisions for the rapid
integration of the resources and personnel of
the agency into the overall response.
(4) The operations plan shall address, as
appropriate, the following matters:
(A) Support of State, local, and tribal
governments in conducting mass evacuations,
including--
(i) transportation and relocation;
(ii) short- and long-term sheltering
and accommodation;
(iii) provisions for populations with
special needs, keeping families
together, and expeditious location of
missing children; and
(iv) policies and provisions for
pets.
(B) The preparedness and deployment of public
health and medical resources, including
resources to address the needs of evacuees and
populations with special needs.
(C) The coordination of interagency search
and rescue operations, including land, water,
and airborne search and rescue operations.
(D) The roles and responsibilities of the
Senior Federal Law Enforcement Official with
respect to other law enforcement entities.
(E) The protection of critical
infrastructure.
(F) The coordination of maritime salvage
efforts among relevant agencies.
(G) The coordination of Department of Defense
and National Guard support of civilian
authorities.
(H) To the extent practicable, the
utilization of Department of Defense, National
Air and Space Administration, National Oceanic
and Atmospheric Administration, and commercial
aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of
support from the private sector and
nongovernmental organizations.
(J) The safe disposal of debris, including
hazardous materials, and, when practicable, the
recycling of debris.
(K) The identification of the required surge
capacity.
(L) Specific provisions for the recovery of
affected geographic areas.
(c) Mission assignments.--To expedite the provision of
assistance under the [National Response Plan] National Response
Framework, the President shall ensure that the Administrator,
in coordination with Federal agencies with responsibilities
under the [National Response Plan] National Response Framework,
develops prescripted mission assignments, including logistics,
communications, mass care, health services, and public safety.
(d) Certification.--The President shall certify to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security and the Committee
on Transportation and Infrastructure of the House of
Representatives on an annual basis that each Federal agency
with responsibilities under the [National Response Plan]
National Response Framework complies with subsections (a) and
(b).
(e) Construction.--Nothing in this section shall be construed
to limit the authority of the Secretary of Defense with regard
to--
(1) the command, control, training, planning,
equipment, exercises, or employment of Department of
Defense forces; or
(2) the allocation of Department of Defense
resources.
* * * * * * *
Subtitle G--Authorization of Appropriations
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title and the amendments made by this title for the
[administration and operations] management and administration
of the Agency--
(1) for fiscal year 2008, an amount equal to the
amount appropriated for fiscal year 2007 for
[administration and operations] management and
administration of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the
amount described in paragraph (1), multiplied by 1.1[;
and]
(3) for fiscal year 2010, an amount equal to the
amount described in paragraph (2), multiplied by
1.1[.]; and
(4) for fiscal year 2018, $1,049,000,000;
(5) for fiscal year 2019, $1,065,784,000; and
(6) for fiscal year 2020, $1,082,836,544.
* * * * * * *
----------
SECTION 1204 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION
ACT OF 2007
* * * * * * *
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary is authorized to establish,
operate, and maintain a National Domestic Preparedness
Consortium within the Department.
(b) Members.--Members of the National Domestic Preparedness
Consortium shall consist of--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University;
(5) the National Exercise, Test, and Training Center,
Nevada Test Site;
(6) the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and
(7) the National Disaster Preparedness Training
Center, University of Hawaii.
(c) Duties.-- The National Domestic Preparedness Consortium
shall identify, develop, test, and deliver training to State,
local, and tribal emergency response providers, provide on-site
and mobile training at the performance and management and
planning levels, and facilitate the delivery of training by the
training partners of the Department.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary--
[(1) for the Center for Domestic Preparedness--
[(A) $57,000,000 for fiscal year 2008;
[(B) $60,000,000 for fiscal year 2009;
[(C) $63,000,000 for fiscal year 2010; and
[(D) $66,000,000 for fiscal year 2011; and
[(2) for the National Energetic Materials Research
and Testing Center, the National Center for Biomedical
Research and Training, the National Emergency Response
and Rescue Training Center, the National Exercise,
Test, and Training Center, the Transportation
Technology Center, Incorporated, and the National
Disaster Preparedness Training Center each--
[(A) $22,000,000 for fiscal year 2008;
[(B) $23,000,000 for fiscal year 2009;
[(C) $24,000,000 for fiscal year 2010; and
[(D) $25,500,000 for fiscal year 2011.]
(1) for the Center for Domestic Preparedness--
(A) $63,939,000 for fiscal year 2018;
(B) $64,962,024 for fiscal year 2019; and
(C) $66,001,416 for fiscal year 2020; and
(2) for the members referred to in paragraphs (2)
through (7) of subsection (b)--
(A) $101,000,000 for fiscal year 2018;
(B) $102,606,000 for fiscal year 2019; and
(C) $104,247,856 for fiscal year 2020.
(e) Savings Provision.--From the amounts appropriated
pursuant to this section, the Secretary shall ensure that
future amounts provided to each of the following entities are
not less than the amounts provided to each such entity for
participation in the Consortium in fiscal year [2007] 2015--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University; and
(5) the National Exercise, Test, and Training Center,
Nevada Test Site.
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
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] National
Response Framework'' means the [National Response Plan]
National Response Framework or any successor plan
prepared under section [502(a)(6)] 504(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(13)(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. 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 and
incidents impacting critical infrastructure;
(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--]
(that includes incidents impacting critical
infrastructure), 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, including incidents impacting critical
infrastructure;
(5) building a comprehensive national incident
management system with Federal, State, [and local]
local, and tribal 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] national response framework,
which shall be reviewed and updated as required but not
less than every 5 years;
(7) developing integrated frameworks, to include
consolidating existing Government plans addressing
prevention, protection, mitigation, and recovery with
such frameworks reviewed and updated as required, but
not less than every 5 years;
[(7)] (8) helping ensure the acquisition of operable
and interoperable communications capabilities by
Federal, State, local, and tribal governments and
emergency response providers;
[(8)] (9) 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)] (10) 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)] (11) increasing efficiencies, by coordinating
efforts relating to preparedness, protection, response,
recovery, and mitigation;
[(11)] (12) helping to ensure the effectiveness of
emergency response providers in responding to a natural
disaster, act of terrorism, or other man-made disaster;
[(12)] (13) supervising grant programs administered
by the Agency;
[(13)] (14) administering and ensuring the
implementation of the [National Response Plan] National
Response Framework, including coordinating and ensuring
the readiness of each emergency support function under
the [National Response Plan] National Response
Framework;
[(14)] (15) coordinating with the National Advisory
Council established under section 508;
[(15)] (16) 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)] (17) minimizing, to the extent practicable,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
[(17)] (18) maintaining and operating within the
Agency the National Response Coordination Center or its
successor;
[(18)] (19) developing a national emergency
management system that is capable of preparing for,
protecting against, responding to, recovering from, and
mitigating against catastrophic incidents;
[(19)] (20) 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)] (21) 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)] (22) 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. 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] National Response Framework;
(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] National Response
Framework, 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] National Response Framework.
(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] National Response
Framework, 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) RESPONSE Subcommittee.--
(1) Establishment.--Not later than 30 days after the
date of the enactment of the RESPONSE Act of 2016, the
Administrator shall establish, as a subcommittee of the
National Advisory Council, the Railroad Emergency
Services Preparedness, Operational Needs, and Safety
Evaluation Subcommittee (referred to in this subsection
as the ``RESPONSE Subcommittee'').
(2) Membership.--Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the
following:
(A) [The Deputy Administrator, Protection and
National Preparedness] A Deputy Administrator
of the Federal Emergency Management Agency, or
designee.
(B) The Chief Safety Officer of the Pipeline
and Hazardous Materials Safety Administration,
or designee.
(C) The Associate Administrator for Hazardous
Materials Safety of the Pipeline and Hazardous
Materials Safety Administration, or designee.
(D) The Director of the Office of Emergency
Communications of the Department of Homeland
Security, or designee.
(E) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations
of the National Transportation Safety Board, or
designee.
(F) The Chief Safety Officer and Associate
Administrator for Railroad Safety of the
Federal Railroad Administration, or designee.
(G) The Assistant Administrator for Security
Policy and Industry Engagement of the
Transportation Security Administration, or
designee.
(H) The Assistant Commandant for Response
Policy of the Coast Guard, or designee.
(I) The Assistant Administrator for the
Office of Solid Waste and Emergency Response of
the Environmental Protection Agency, or
designee.
(J) Such other qualified individuals as the
co-chairpersons shall jointly appoint as soon
as practicable after the date of the enactment
of the RESPONSE Act of 2016 from among the
following:
(i) Members of the National Advisory
Council that have the requisite
technical knowledge and expertise to
address rail emergency response issues,
including members from the following
disciplines:
(I) Emergency management and
emergency response providers,
including fire service, law
enforcement, hazardous
materials response, and
emergency medical services.
(II) State, local, and tribal
government officials.
(ii) Individuals who have the
requisite technical knowledge and
expertise to serve on the RESPONSE
Subcommittee, including at least 1
representative from each of the
following:
(I) The rail industry.
(II) Rail labor.
(III) Persons who offer oil
for transportation by rail.
(IV) The communications
industry.
(V) Emergency response
providers, including
individuals nominated by
national organizations
representing State and local
governments and emergency
responders.
(VI) Emergency response
training providers.
(VII) Representatives from
tribal organizations.
(VIII) Technical experts.
(IX) Vendors, developers, and
manufacturers of systems,
facilities, equipment, and
capabilities for emergency
responder services.
(iii) Representatives of such other
stakeholders and interested and
affected parties as the co-chairpersons
consider appropriate.
(3) Co-chairpersons.--The members described in
subparagraphs (A) and (B) of paragraph (2) shall serve
as the co-chairpersons of the RESPONSE Subcommittee.
(4) Initial meeting.--The initial meeting of the
RESPONSE Subcommittee shall take place not later than
90 days after the date of enactment of the RESPONSE Act
of 2016.
(5) Consultation with nonmembers.--The RESPONSE
Subcommittee and the program offices for emergency
responder training and resources shall consult with
other relevant agencies and groups, including entities
engaged in federally funded research and academic
institutions engaged in relevant work and research,
which are not represented on the RESPONSE Subcommittee
to consider new and developing technologies and methods
that may be beneficial to preparedness and response to
rail hazardous materials incidents.
(6) Recommendations.--The RESPONSE Subcommittee shall
develop recommendations, as appropriate, for improving
emergency responder training and resource allocation
for hazardous materials incidents involving railroads
after evaluating the following topics:
(A) The quality and application of training
for State and local emergency responders
related to rail hazardous materials incidents,
including training for emergency responders
serving small communities near railroads,
including the following:
(i) Ease of access to relevant
training for State and local emergency
responders, including an analysis of--
(I) the number of individuals
being trained;
(II) the number of
individuals who are applying;
(III) whether current demand
is being met;
(IV) current challenges; and
(V) projected needs.
(ii) Modernization of training course
content related to rail hazardous
materials incidents, with a particular
focus on fluctuations in oil shipments
by rail, including regular and ongoing
evaluation of course opportunities,
adaptation to emerging trends, agency
and private sector outreach,
effectiveness and ease of access for
State and local emergency responders.
(iii) Identification of overlap in
training content and identification of
opportunities to develop complementary
courses and materials among
governmental and nongovernmental
entities.
(iv) Online training platforms,
train-the-trainer, and mobile training
options.
(B) The availability and effectiveness of
Federal, State, local, and nongovernmental
funding levels related to training emergency
responders for rail hazardous materials
incidents, including emergency responders
serving small communities near railroads,
including--
(i) identifying overlap in resource
allocations;
(ii) identifying cost savings
measures that can be implemented to
increase training opportunities;
(iii) leveraging government funding
with nongovernmental funding to enhance
training opportunities and fill
existing training gaps;
(iv) adaptation of priority settings
for agency funding allocations in
response to emerging trends;
(v) historic levels of funding across
Federal agencies for rail hazardous
materials incident response and
training, including funding provided by
the private sector to public entities
or in conjunction with Federal
programs; and
(vi) current funding resources across
agencies.
(C) The strategy for integrating commodity
flow studies, mapping, and rail and hazardous
materials databases for State and local
emergency responders and increasing the rate of
access to the individual responder in existing
or emerging communications technology.
(7) Report.--
(A) In general.--Not later than 1 year after
the date of the enactment of the RESPONSE Act
of 2016, the RESPONSE Subcommittee shall submit
a report to the National Advisory Council
that--
(i) includes the recommendations
developed under paragraph (6);
(ii) specifies the timeframes for
implementing any such recommendations
that do not require congressional
action; and
(iii) identifies any such
recommendations that do require
congressional action.
(B) Review.--Not later than 30 days after
receiving the report under subparagraph (A),
the National Advisory Council shall begin a
review of the report. The National Advisory
Council may ask for additional clarification,
changes, or other information from the RESPONSE
Subcommittee to assist in the approval of the
recommendations.
(C) Recommendation.--Once the National
Advisory Council approves the recommendations
of the RESPONSE Subcommittee, the National
Advisory Council shall submit the report to--
(i) the co-chairpersons of the
RESPONSE Subcommittee;
(ii) the head of each other agency
represented on the RESPONSE
Subcommittee;
(iii) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(iv) the Committee on Commerce,
Science, and Transportation of the
Senate;
(v) the Committee on Homeland
Security of the House of
Representatives; and
(vi) the Committee on Transportation
and Infrastructure of the House of
Representatives.
(8) Interim activity.--
(A) Updates and oversight.--After the
submission of the report by the National
Advisory Council under paragraph (7), the
Administrator shall--
(i) provide annual updates to the
congressional committees referred to in
paragraph (7)(C) regarding the status
of the implementation of the
recommendations developed under
paragraph (6); and
(ii) coordinate the implementation of
the recommendations described in
paragraph (6)(G)(i), as appropriate.
(B) Sunset.--The requirements of subparagraph
(A) shall terminate on the date that is 2 years
after the date of the submission of the report
required under paragraph (7)(A).
(9) Termination.--The RESPONSE Subcommittee shall
terminate not later than 90 days after the submission
of the report required under paragraph (7)(C).
(e) 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] National Response
Framework, National Protection Framework, National
Prevention Framework, National Mitigation Framework,
National Recovery Framework, and any [successor]
successors to such system or [plan] framework.
(2) Specific responsibilities.--The National
Integration Center shall periodically review, and
revise as appropriate, the National Incident Management
System and the [National Response Plan] National
Response Framework, 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] National Response Framework, 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] National
response framework.--The Secretary, acting
through the Administrator, shall ensure that
the [National Response Plan] National Response
Framework 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]
National Response Framework 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; joint task force.--
The Principal Federal Official (or the successor
thereto) or Director of a Joint Task Force established
under section 708 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] partner 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] National Response Framework 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] National Response Framework 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. 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, decision
makers, and other appropriate officials, can form the basis for
incident management decisionmaking and steady-state activity.
(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, tribal, and territorial
governments, the private sector, and international
partners as appropriate, for events, threats, and
incidents involving a natural disaster, act of
terrorism, or other man-made disaster;
(2) ensure that critical terrorism and disaster-
related information reaches government decision-makers;
and
(3) enter into agreements with other Federal
operations centers and other homeland security
partners, as appropriate, to facilitate the sharing of
information.
(c) State and Local Emergency Responder Representation.--
(1) Establishment of positions.--The Secretary shall
establish a position, on a rotating basis, for a
representative of State [and local], local, and tribal
emergency responders at the National Operations Center
established under subsection (b) to ensure the
effective sharing of information between the Federal
Government and State [and local], local, and tribal
emergency response services.
(2) 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. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND
CERTIFICATION PROGRAM.
[(a) Establishment.--
[(1) In general.--The Secretary, acting through the
officer designated under paragraph (2), shall establish
and implement the voluntary private sector preparedness
accreditation and certification program in accordance
with this section.
[(2) Designation of officer.--The Secretary shall
designate an officer responsible for the accreditation
and certification program under this section. Such
officer (hereinafter referred to in this section as the
``designated officer'') shall be one of the following:
[(A) The Administrator, based on
consideration of--
[(i) the expertise of the
Administrator in emergency management
and preparedness in the United States;
and
[(ii) the responsibilities of the
Administrator as the principal advisor
to the President for all matters
relating to emergency management in the
United States.
[(B) The Assistant Secretary for
Infrastructure Protection, based on
consideration of the expertise of the Assistant
Secretary in, and responsibilities for--
[(i) protection of critical
infrastructure;
[(ii) risk assessment methodologies;
and
[(iii) interacting with the private
sector on the issues described in
clauses (i) and (ii).
[(C) The Under Secretary for Science and
Technology, based on consideration of the
expertise of the Under Secretary in, and
responsibilities associated with, standards.
[(3) Coordination.--In carrying out the accreditation
and certification program under this section, the
designated officer shall coordinate with--
[(A) the other officers of the Department
referred to in paragraph (2), using the
expertise and responsibilities of such
officers; and
[(B) the Special Assistant to the Secretary
for the Private Sector, based on consideration
of the expertise of the Special Assistant in,
and responsibilities for, interacting with the
private sector.
[(b) Voluntary Private Sector Preparedness Standards;
Voluntary Accreditation and Certification Program for the
Private Sector.--
[(1) Accreditation and certification program.--Not
later than 210 days after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the designated officer shall--
[(A) begin supporting the development and
updating, as necessary, of voluntary
preparedness standards through appropriate
organizations that coordinate or facilitate the
development and use of voluntary consensus
standards and voluntary consensus standards
development organizations; and
[(B) in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
each private sector advisory council created
under section 102(f)(4), appropriate
representatives of State and local governments,
including emergency management officials, and
appropriate private sector advisory groups,
such as sector coordinating councils and
information sharing and analysis centers--
[(i) develop and promote a program to
certify the preparedness of private
sector entities that voluntarily choose
to seek certification under the
program; and
[(ii) implement the program under
this subsection through any entity with
which the designated officer enters
into an agreement under paragraph
(3)(A), which shall accredit third
parties to carry out the certification
process under this section.
[(2) Program elements.--
[(A) In general.--
[(i) Program.--The program developed
and implemented under this subsection
shall assess whether a private sector
entity complies with voluntary
preparedness standards.
[(ii) Guidelines.--In developing the
program under this subsection, the
designated officer shall develop
guidelines for the accreditation and
certification processes established
under this subsection.
[(B) Standards.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, representatives of
appropriate voluntary consensus standards
development organizations, each private sector
advisory council created under section
102(f)(4), appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private
sector advisory groups such as sector
coordinating councils and information sharing
and analysis centers--
[(i) shall adopt one or more
appropriate voluntary preparedness
standards that promote preparedness,
which may be tailored to address the
unique nature of various sectors within
the private sector, as necessary and
appropriate, that shall be used in the
accreditation and certification program
under this subsection; and
[(ii) after the adoption of one or
more standards under clause (i), may
adopt additional voluntary preparedness
standards or modify or discontinue the
use of voluntary preparedness standards
for the accreditation and certification
program, as necessary and appropriate
to promote preparedness.
[(C) Submission of recommendations.--In
adopting one or more standards under
subparagraph (B), the designated officer may
receive recommendations from any entity
described in that subparagraph relating to
appropriate voluntary preparedness standards,
including appropriate sector specific
standards, for adoption in the program.
[(D) Small business concerns.--The designated
officer and any entity with which the
designated officer enters into an agreement
under paragraph (3)(A) shall establish separate
classifications and methods of certification
for small business concerns (under the meaning
given that term in section 3 of the Small
Business Act (15 U.S.C. 632)) for the program
under this subsection.
[(E) Considerations.--In developing and
implementing the program under this subsection,
the designated officer shall--
[(i) consider the unique nature of
various sectors within the private
sector, including preparedness
standards, business continuity
standards, or best practices,
established--
[(I) under any other
provision of Federal law; or
[(II) by any sector-specific
agency, as defined under
Homeland Security Presidential
Directive-7; and
[(ii) coordinate the program, as
appropriate, with--
[(I) other Department private
sector related programs; and
[(II) preparedness and
business continuity programs in
other Federal agencies.
[(3) Accreditation and certification processes.--
[(A) Agreement.--
[(i) In general.--Not later than 210
days after the date of enactment of the
Implementing Recommendations of the 9/
11 Commission Act of 2007, the
designated officer shall enter into one
or more agreements with a highly
qualified nongovernmental entity with
experience or expertise in coordinating
and facilitating the development and
use of voluntary consensus standards
and in managing or implementing
accreditation and certification
programs for voluntary consensus
standards, or a similarly qualified
private sector entity, to carry out
accreditations and oversee the
certification process under this
subsection. An entity entering into an
agreement with the designated officer
under this clause (hereinafter referred
to in this section as a ``selected
entity'') shall not perform
certifications under this subsection.
[(ii) Contents.--A selected entity
shall manage the accreditation process
and oversee the certification process
in accordance with the program
established under this subsection and
accredit qualified third parties to
carry out the certification program
established under this subsection.
[(B) Procedures and requirements for
accreditation and certification.--
[(i) In general.--Any selected entity
shall collaborate to develop procedures
and requirements for the accreditation
and certification processes under this
subsection, in accordance with the
program established under this
subsection and guidelines developed
under paragraph (2)(A)(ii).
[(ii) Contents and use.--The
procedures and requirements developed
under clause (i) shall--
[(I) ensure reasonable
uniformity in any accreditation
and certification processes if
there is more than one selected
entity; and
[(II) be used by any selected
entity in conducting
accreditations and overseeing
the certification process under
this subsection.
[(iii) Disagreement.--Any
disagreement among selected entities in
developing procedures under clause (i)
shall be resolved by the designated
officer.
[(C) Designation.--A selected entity may
accredit any qualified third party to carry out
the certification process under this
subsection.
[(D) Disadvantaged business involvement.--In
accrediting qualified third parties to carry
out the certification process under this
subsection, a selected entity shall ensure, to
the extent practicable, that the third parties
include qualified small, minority, women-owned,
or disadvantaged business concerns when
appropriate. The term ``disadvantaged business
concern'' means a small business that is owned
and controlled by socially and economically
disadvantaged individuals, as defined in
section 124 of title 13, United States Code of
Federal Regulations.
[(E) Treatment of other certifications.--At
the request of any entity seeking
certification, any selected entity may
consider, as appropriate, other relevant
certifications acquired by the entity seeking
certification. If the selected entity
determines that such other certifications are
sufficient to meet the certification
requirement or aspects of the certification
requirement under this section, the selected
entity may give credit to the entity seeking
certification, as appropriate, to avoid
unnecessarily duplicative certification
requirements.
[(F) Third parties.--To be accredited under
subparagraph (C), a third party shall--
[(i) demonstrate that the third party
has the ability to certify private
sector entities in accordance with the
procedures and requirements developed
under subparagraph (B);
[(ii) agree to perform certifications
in accordance with such procedures and
requirements;
[(iii) agree not to have any
beneficial interest in or any direct or
indirect control over--
[(I) a private sector entity
for which that third party
conducts a certification under
this subsection; or
[(II) any organization that
provides preparedness
consulting services to private
sector entities;
[(iv) agree not to have any other
conflict of interest with respect to
any private sector entity for which
that third party conducts a
certification under this subsection;
[(v) maintain liability insurance
coverage at policy limits in accordance
with the requirements developed under
subparagraph (B); and
[(vi) enter into an agreement with
the selected entity accrediting that
third party to protect any proprietary
information of a private sector entity
obtained under this subsection.
[(G) Monitoring.--
[(i) In general.--The designated
officer and any selected entity shall
regularly monitor and inspect the
operations of any third party
conducting certifications under this
subsection to ensure that the third
party is complying with the procedures
and requirements established under
subparagraph (B) and all other
applicable requirements.
[(ii) Revocation.--If the designated
officer or any selected entity
determines that a third party is not
meeting the procedures or requirements
established under subparagraph (B), the
selected entity shall--
[(I) revoke the accreditation
of that third party to conduct
certifications under this
subsection; and
[(II) review any
certification conducted by that
third party, as necessary and
appropriate.
[(4) Annual review.--
[(A) In general.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
appropriate representatives of State and local
governments, including emergency management
officials, and each private sector advisory
council created under section 102(f)(4), shall
annually review the voluntary accreditation and
certification program established under this
subsection to ensure the effectiveness of such
program (including the operations and
management of such program by any selected
entity and the selected entity's inclusion of
qualified disadvantaged business concerns under
paragraph (3)(D)) and make improvements and
adjustments to the program as necessary and
appropriate.
[(B) Review of standards.--Each review under
subparagraph (A) shall include an assessment of
the voluntary preparedness standard or
standards used in the program under this
subsection.
[(5) Voluntary participation.--Certification under
this subsection shall be voluntary for any private
sector entity.
[(6) Public listing.--The designated officer shall
maintain and make public a listing of any private
sector entity certified as being in compliance with the
program established under this subsection, if that
private sector entity consents to such listing.
[(c) Rule of Construction.--Nothing in this section may be
construed as--
[(1) a requirement to replace any preparedness,
emergency response, or business continuity standards,
requirements, or best practices established--
[(A) under any other provision of federal
law; or
[(B) by any sector-specific agency, as those
agencies are defined under Homeland Security
Presidential Directive-7; or
[(2) exempting any private sector entity seeking
certification or meeting certification requirements
under subsection (b) from compliance with all
applicable statutes, regulations, directives, policies,
and industry codes of practice.]
SEC. 525. ACCEPTANCE OF GIFTS.
(a) Authority.--The [Secretary] Administrator may accept and
use gifts of property, both real and personal, and may accept
gifts of services, including from guest lecturers, for
otherwise authorized activities of the Center for Domestic
Preparedness that are related to efforts to prevent, prepare
for, protect against, or respond to a natural disaster, act of
terrorism, or other man-made disaster, including the use of a
weapon of mass destruction.
(b) Prohibition.--The Secretary may not accept a gift under
this section if the Secretary determines that the use of the
property or services would compromise the integrity or
appearance of integrity of--
(1) a program of the Department; or
(2) an individual involved in a program of the
Department.
(c) Report.--
(1) In general.--The Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate an annual report
disclosing--
(A) any gifts that were accepted under this
section during the year covered by the report;
(B) how the gifts contribute to the mission
of the Center for Domestic Preparedness; and
(C) the amount of Federal savings that were
generated from the acceptance of the gifts.
(2) Publication.--Each report required under
paragraph (1) shall be made publically available.
* * * * * * *
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