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HR 1174 IH

111th CONGRESS

1stRHCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 1174CommentsClose CommentsPermalink

To establish the Federal Emergency Management Agency as a cabinet-level independent agency in the executive branch, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 25, 2009CommentsClose CommentsPermalink

Mr. OBERSTAR (for himself, Mr. MICA, Ms. NORTON, and Mr. MARIO DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish the Federal Emergency Management Agency as a cabinet-level independent agency in the executive branch, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘FEMA Independence Act of 2009’. CommentsClose CommentsPermalink





(b) Table of Contents- CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Definitions. CommentsClose CommentsPermalink

TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY

Sec. 101. Establishment of independent agency. CommentsClose CommentsPermalink





Sec. 102. Administrator; Deputy Administrator; and other officials of the Agency. CommentsClose CommentsPermalink





Sec. 103. Authority and responsibilities. CommentsClose CommentsPermalink





Sec. 104. Office of the Inspector General. CommentsClose CommentsPermalink





Sec. 105. Transfer of functions. CommentsClose CommentsPermalink





Sec. 106. Personnel and other transfers. CommentsClose CommentsPermalink





Sec. 107. Savings provisions. CommentsClose CommentsPermalink





Sec. 108. Offices and functions of Department of Homeland Security. CommentsClose CommentsPermalink





Sec. 109. Homeland security grants. CommentsClose CommentsPermalink





Sec. 110. Additional conforming amendments to Homeland Security Act of 2002. CommentsClose CommentsPermalink





Sec. 111. Conforming amendments to Post-Katrina Emergency Management Reform Act of 2006. CommentsClose CommentsPermalink





Sec. 112. Conforming and technical amendments.

109. Amendments to Homeland Security Act of 2002.

110 to other laws. CommentsClose CommentsPermalink




Sec. 113. Changes to administrative documents. CommentsClose CommentsPermalink





Sec. 114. Recommended legislation. CommentsClose CommentsPermalink

TITLE II--RELATED MATTERS

201. National Advisory Council.

Sec. 201. National Advisory Council. CommentsClose CommentsPermalink




Sec. 202. National Integration Center. CommentsClose CommentsPermalink





Sec. 203. Credentialing and typing. CommentsClose CommentsPermalink





Sec. 204. Disability coordinator. CommentsClose CommentsPermalink





Sec. 205. Nuclear incident response. CommentsClose CommentsPermalink





Sec. 206. Urban area all hazards preparedness grant program. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply: CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency appointed under section 102. CommentsClose CommentsPermalink





(2) AGENCY- The term ‘Agency’ means the Federal Emergency Management Agency established under section 101. CommentsClose CommentsPermalink





(3) EMERGENCY- The term ‘emergency’ has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). CommentsClose CommentsPermalink





(4) EMERGENCY MANAGEMENT- The term ‘emergency management’ means preparedness for, response to, recovery from, and mitigating hazards. CommentsClose CommentsPermalink





(5) HAZARD- The term ‘hazard’ has the meaning given that term in section 602(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(b)) and includes any major disaster or emergency. CommentsClose CommentsPermalink





(6) MAJOR DISASTER- The term ‘major disaster’ has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). CommentsClose CommentsPermalink

TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY CommentsClose CommentsPermalink

SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY.

(a) In General- The Federal Emergency Management Agency is established as a cabinet-level independent establishment in the executive branch. CommentsClose CommentsPermalink





(b) Mission- The primary mission of the Agency shall be to reduce the loss of life and property and protect the Nation from hazards by leading and supporting the Nation in a comprehensive emergency management system of preparedness, response, recovery, and mitigation. CommentsClose CommentsPermalink

SEC. 102. ADMINISTRATOR; DEPUTY ADMINISTRATOR; AND OTHER OFFICIALS OF THE AGENCY.

(a) Administrator- CommentsClose CommentsPermalink





(1) IN GENERAL- The Agency shall be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. CommentsClose CommentsPermalink





(2) QUALIFICATIONS- The Administrator shall be appointed from among individuals who have extensive experience in emergency preparedness, response, recovery, and mitigation fromng hazards. CommentsClose CommentsPermalink





(3) EXECUTIVE SCHEDULE- Title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(A) in section 5312 by adding at the end the following: CommentsClose CommentsPermalink





‘Administrator of the Federal Emergency Management Agency.’;

and

(B) in section 5313 by striking the following:

‘Administrator of the Federal Emergency Management Agency. and CommentsClose CommentsPermalink





(B) in section 5313 by striking the item relating to ‘Administrator of the Federal Emergency Management Agency’. CommentsClose CommentsPermalink





(b) Deputy Administrator- CommentsClose CommentsPermalink





(1) IN GENERAL- The Agency shall have one Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator and act for the Administrator when the Administrator is absent or unable to serve or when the position of the Administrator is vacant. CommentsClose CommentsPermalink





(2) QUALIFICATIONS- The Deputy Administrator shall be appointed from among individuals who have extensive experience in emergency preparedness, response, recovery, and mitigation fromng hazards. CommentsClose CommentsPermalink





(3) EXECUTIVE SCHEDULE-Section 5314 of title 5, United States Code, is amended--

(A) by striking the following:

‘Deputy Administrators, the Federal Emergency Management Agency.’;

and

(B) inserting the by striking the item relating to ‘Deputy Administrators, Federal Emergency Management Agency’ and inserting the following: CommentsClose CommentsPermalink




‘Deputy Administrator, the Federal Emergency Management Agency.’. CommentsClose CommentsPermalink





(c) Assistant Administrators- CommentsClose CommentsPermalink





(1) IN GENERAL- The Agency shall have one or more Assistant Administrators, who shall be appointed by the Administrator, and whose duties shall be determined by the Administrator. CommentsClose CommentsPermalink





(2) QUALIFICATIONS- Each Assistant Administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management or other field relevant to their position. CommentsClose CommentsPermalink





(d) Regional Offices- CommentsClose CommentsPermalink





(1) IN GENERAL- There shall be in the Agency 10 Regional Offices, as identified by the Administrator. CommentsClose CommentsPermalink





(2) REGIONAL ADMINISTRATORS- CommentsClose CommentsPermalink





(A) IN GENERAL- Each Regional Office shall be headed by a Regional Administrator who shall be appointed by the Administrator. CommentsClose CommentsPermalink





(B) QUALIFICATIONS- CommentsClose CommentsPermalink





(i) IN GENERAL- Each Regional Administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management. CommentsClose CommentsPermalink





(ii) CONSIDERATIONS- In selecting an individual to serve as a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of the individual with the geographical area and demographic characteristics of the population served by the Regional Office. CommentsClose CommentsPermalink





(3) REGIONAL ADVISORY COUNCILS- CommentsClose CommentsPermalink





(A) ESTABLISHMENT- Each Regional Administrator shall establish a Regional Advisory Council. CommentsClose CommentsPermalink





(B) NOMINATIONS- A State, local, or tribal government located within the geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory Council for that region. CommentsClose CommentsPermalink





(C) RESPONSIBILITIES- Each Regional Advisory Council shall-- CommentsClose CommentsPermalink





(i) advise the Regional Administrator on emergency management issues specific to that region; CommentsClose CommentsPermalink





(ii) identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, response, recovery, or mitigation more complicated or difficult; and CommentsClose CommentsPermalink





(iii) advise the Regional Administrator of any weaknesses or deficiencies or deficiency in preparedness, response, recovery, andor mitigation for any State, local, andor tribal government within the region of which the Regional Advisory Council is aware. CommentsClose CommentsPermalink





(e) Area Offices- There shall be an Area Office for the Pacific, an Area Office for the Caribbean, and an Area Office in Alaska, as components in the appropriate Regional Offices. CommentsClose CommentsPermalink

SEC. 103. AUTHORITY AND RESPONSIBILITIES.

(a) In General- The Administrator shall provide the Federal leadership necessary to prepare for, respond to, recover from, and mitigate hazards. CommentsClose CommentsPermalink





(b) Stafford Act- The Administrator shall assist the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities given to the Administrator under that Act. CommentsClose CommentsPermalink





(c) Mission- The responsibilities of the Administrator shall include carrying out the mission of the Agency by leading and supporting the Nation in a comprehensive emergency management system of-- CommentsClose CommentsPermalink





(1) mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects; CommentsClose CommentsPermalink





(2) preparedness, by planning, training, conducting exercises, and building the emergency management profession to prepare effectively for mitigating, responding to, and recovering from any hazard; CommentsClose CommentsPermalink





(3) response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and CommentsClose CommentsPermalink





(4) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards. CommentsClose CommentsPermalink





(d) Response Duties- In carrying out subsection (c)(3), the Administrator shall, at a minimum, at a minimum, shall-- CommentsClose CommentsPermalink





(1) help to ensure the effectiveness of emergency response providers in responding to a hazard; CommentsClose CommentsPermalink





(2) coordinate and provide the Federal Government’s response to hazards; CommentsClose CommentsPermalink





(3) build a comprehensive national incident management system with Federal, State, and local government personnel, agencies, and authorities to respond to hazards; CommentsClose CommentsPermalink





(4) consolidate existing Federal Government emergency response plans into a single, coordinated plan to be known as the National Response Plan; CommentsClose CommentsPermalink





(5) administer and ensure the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under the National Response Plan; and CommentsClose CommentsPermalink





(6) help ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, and tribal governments and emergency response providers. CommentsClose CommentsPermalink





(e) Continuity of Government- The Administrator shall prepare and implement the plans and programs of the Federal Government for-- CommentsClose CommentsPermalink





(1) continuity of operations; CommentsClose CommentsPermalink





(2) continuity of Government; and CommentsClose CommentsPermalink





(3) continuity of plans. CommentsClose CommentsPermalink





(f) Other Duties- The Administrator shall-- CommentsClose CommentsPermalink





(1) coordinate the National Advisory Council authorized by this Act; CommentsClose CommentsPermalink





(2) maintain and operate within the Agency the National Response Coordination Center (or its successor); CommentsClose CommentsPermalink





(3) develop and maintain a national emergency management system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating hazards of all magnitudes, including catastrophic disasters; and CommentsClose CommentsPermalink





(4) supervise grant programs administered by the Agency. CommentsClose CommentsPermalink





(g) All-Hhazards Approach- In carrying out the responsibilities under this section, the Administrator shall coordinate the implementation of an all-hazards strategy that builds those common capabilities necessary to prepare for, respond to, recover from, orand mitigate hazards. CommentsClose CommentsPermalink

SEC. 104. OFFICE OF THE INSPECTOR GENERAL.

The Agency shall have an oOffice of the Inspector General, headed by an Inspector General, in accordance with the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.). CommentsClose CommentsPermalink

SEC. 105. TRANSFER OF FUNCTIONS.

(a) In General- Except as provided by subsection (c), there shall be transferred to the Administrator the following: CommentsClose CommentsPermalink





(1) All functions of the Federal Emergency Management Agency, as constituted on January 1, 2009, including continuity of operations and continuity of Government plans and programs. CommentsClose CommentsPermalink





(2) The functions relating to the Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other laws, including-- CommentsClose CommentsPermalink





(A) the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); CommentsClose CommentsPermalink





(B) the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.); CommentsClose CommentsPermalink





(C) the National Dam Safety Program Act (33 U.S.C. 467 et seq.); CommentsClose CommentsPermalink





(D) the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.); CommentsClose CommentsPermalink





(E) Reorganization Plan No. 3 of 1978 (5 U.S.C. App.); CommentsClose CommentsPermalink





(F) section 612 of the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 314a); and CommentsClose CommentsPermalink





(G) title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.). CommentsClose CommentsPermalink





(3) Any function to be transferred to the Agency under the Post-Katrina Emergency Management Reform Act of 2006 (103 Stat. 1394), including the amendments made by that Act, even if the transfer has not taken place as of January 1, 2009. CommentsClose CommentsPermalink





(b) Inspector General- There shall be transferred to the Inspector General of the Federal Emergency Management Agency all of the functions relating to the Inspector General that were transferred from the Federal Emergency Management Agency to the Department of Homeland Security on or after January 1, 2003. CommentsClose CommentsPermalink





(c) Exceptions- The following programs shall not be affected by this Act and shall remain within the Department of Homeland Security: CommentsClose CommentsPermalink





(1) The grant programs authorized by sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act (6 U.S.C. 1135, 1163, and 1182). CommentsClose CommentsPermalink





(2) The grant program authorized bysection 70107 of title 46, United States Code. CommentsClose CommentsPermalink





(3) The pPrograms authorized by sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), as amended by this Act. CommentsClose CommentsPermalink





(4) The trucking security grant program (Public Law 110-329; 122 Stat. 3671). CommentsClose CommentsPermalink





(5) The buffer zone protection program (Public Law 110-329; 122 Stat. 3672). CommentsClose CommentsPermalink





(6) The commercial equipment direct assistance program (Public Law 110-329; 122 Stat. 3672). CommentsClose CommentsPermalink





(d) United States Fire Administrator; Federal Insurance Administrator- Nothing in this Act shall be construed to affect the appointment of the United States Fire Administrator under section 5(b) of the Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) or the Federal Insurance Administrator under section 1105(a) of the Housing and Urban Development Act of 1968 (42 U.S.C. 4129). CommentsClose CommentsPermalink





(e) Transition Period- The transfers under this section shall be carried out not later than 120 days following the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Administrator such assistance, including the use of personnel and assets, as the Administrator may request in preparing for the transfer. CommentsClose CommentsPermalink





(f) Transition- The Administrator may use-- CommentsClose CommentsPermalink





(1) the services of such officers, employees, and other personnel of the Department of Homeland Security with respect to functions transferred by this section; and CommentsClose CommentsPermalink





(2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. CommentsClose CommentsPermalink





(g) Liaison Office To Ensure Coordination With the Department of Homeland Department of Homeland Security- The Administrator shall establish a liaison office within the Agency to ensure adequate coordination with the Department of Homeland Security. CommentsClose CommentsPermalink

SEC. 106. PERSONNEL AND OTHER TRANSFERS.

(a) Personnel Provisions- CommentsClose CommentsPermalink





(1) APPOINTMENTS- The Administrator may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under section 105. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. CommentsClose CommentsPermalink





(2) EXPERTS AND CONSULTANTS- The Administrator may obtain the services of experts and consultants in accordance withsection 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) during which they are engaged in the actual performance of such services at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Administrator may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. CommentsClose CommentsPermalink





(b) Delegation and Assignment- Except where otherwise expressly prohibited by law or otherwise provided by this title, the Administrator may delegate any of the functions transferred to the Administrator by section 105 and any function transferred or granted to the Administrator after the date of the transfers by section 105 to such officers and employees of the Agency as the Administrator may designate and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Administrator under this subsection or under any other provision of this title shall relieve the Administrator of responsibility for the administration of such functions. CommentsClose CommentsPermalink





(c) Reorganization- The Administrator may allocate or reallocate any function transferred under section 105 among the officers of the Agency, and may establish, consolidate, alter, or discontinue such organizational entities in the Agency as may be necessary or appropriate if the Administrator, on or before the 30th day preceding the date of the allocation or reallocation, provides to Congress written notice of the allocation or reallocation. CommentsClose CommentsPermalink





(d) Rules- The Administrator may prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Administrator determines necessary or appropriate to administer and manage the functions of the Agency. CommentsClose CommentsPermalink





(e) Transfer and Allocations of Appropriations and Personnel- Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by section 105, subject tosection 1531 of title 31, United States Code, shall be transferred to the Agency. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. CommentsClose CommentsPermalink





(f) Incidental Transfers- The Director of the Office of Management and Budget, in consultation with the Administrator, may make such determinations as may be necessary with regard to the functions transferred by section 105, and may make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. CommentsClose CommentsPermalink





(g) Effect on Personnel- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. CommentsClose CommentsPermalink





(2) EXECUTIVE SCHEDULE POSITIONS- Except as otherwise provided in this title, any person who, on the day preceding the date of the transfers of functions under section 105, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. CommentsClose CommentsPermalink

SEC. 107. SAVINGS PROVISIONS.

(a) Savings Provisions- CommentsClose CommentsPermalink





(1) CONTINUING EFFECT OF LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- CommentsClose CommentsPermalink





(A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under section 105; and CommentsClose CommentsPermalink





(B) which are in effect on the date of the transfers of functions under section 105, or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator, or other authorized official, a court of competent jurisdiction, or by operation of law. CommentsClose CommentsPermalink





(2) PROCEEDINGS NOT AFFECTED- The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Agency on the date of the transfers of functions under section 105, with respect to functions transferred by section 105, but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. CommentsClose CommentsPermalink





(3) SUITS NOT AFFECTED- The provisions of this title shall not affect suits commenced before the date of the transfers of functions under section 105, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. CommentsClose CommentsPermalink





(4) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Agency, or by or against any individual in the official capacity of such individual as an officer of the Agency, shall abate by reason of the enactment of this title. CommentsClose CommentsPermalink





(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS- Any administrative action relating to the preparation or promulgation of a regulation by the Agency relating to a function transferred under section 105 may be continued by the Agency with the same effect as if this title had not been enacted. CommentsClose CommentsPermalink





(b) References- Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by section 105-- CommentsClose CommentsPermalink





(1) to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or CommentsClose CommentsPermalink





(2) to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred. CommentsClose CommentsPermalink

SEC. 108. CONFORMINGOFFICES AND TECHNICAL AMENDMENTS.

(a) Chief Financial Officer- Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following:

‘(H) The Federal Emergency Management Agency.’.

(b) Inspector General Act of 1978- Section 12(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ‘Director of the Federal Emergency Management Agency’ and inserting ‘Administrator of the Federal Emergency Management Agency’.

(c) Technical Corrections to References- The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--

(1) in section 602(a) by striking paragraph (7) and inserting the following:

‘(7) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency.’; and

(2) by striking ‘Director’ each place it appears and inserting ‘Administrator’, except--

(A) the second and fourth places it appears in section 622(c); and

(B) in section 626(b).

SEC. 109. AMENDMENTS TOFUNCTIONS OF DEPARTMENT OF HOMELAND SECURITY ACT OF 2002.

(a) Evacuation Plans and Exercises- Section 512(c) of such Actthe Homeland Security Act of 2002 (6 U.S.C. 321a(c)) is amended by striking ‘Administrator’ each place it appears and inserting ‘Secretary’. CommentsClose CommentsPermalink





(b) Assistant Secretary for Cybersecurity and Communications; National Operations Center- Sections 514 and 515 of such Act (6 U.S.C. 321c and 321d) are amended to read as follows: CommentsClose CommentsPermalink

‘SEC. 514. ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS.

‘There is in the Department an Assistant Secretary for Cybersecurity and Communications. CommentsClose CommentsPermalink

‘SEC. 515. NATIONAL OPERATIONS CENTER.

‘(a) Definition- In this section, the term ‘situational awareness’ means information gathered from a variety of sources that, when communicated to emergency managers and homeland security decisionmakers, can form the basis for homeland security decisionmaking. CommentsClose CommentsPermalink





‘(b) Establishment- The National Operations Center is the principal operations center for the Department and shall-- CommentsClose CommentsPermalink





‘(1) provide situational awareness and a common operating picture for the entire Federal Government, and for State, local, and tribal governments as appropriate, for homeland security purposes; and CommentsClose CommentsPermalink





‘(2) ensure that critical homeland security information reaches government decision-makers. CommentsClose CommentsPermalink





‘(c) FEMA Authority- Nothing in this section shall be construed to provide to the National Operations Center any authority that overlaps with the authority of the Administrator of the Federal Emergency Management Agency, except to the extent necessary to coordinate the activities or information of the National Operations Center with the Federal Emergency Management Agency.’. CommentsClose CommentsPermalink





(c) Chief Medical Officer- Section 516 of such Act of 2002 (6 U.S.C. 321e) is amended-- CommentsClose CommentsPermalink





(1) in subsection (c)-- CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1) by striking ‘natural disasters, acts of terrorism, and other man-made disasters’ and inserting ‘homeland security’; and CommentsClose CommentsPermalink





(B) in paragraph (4) by inserting ‘the Federal Emergency Management Agency,’ after ‘the Department of Veterans Affairs,’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(d) FEMA Authority- Nothing in this section shall be construed to provide to the Chief Medical Officer any authority that overlaps with the authority of the Administrator of the Federal Emergency Management Agency, except to the extent necessary to coordinate activities or information with the Federal Emergency Management Agency.’. CommentsClose CommentsPermalink





(d) Repeals-(1) IN GENERAL- The following provisions of such Act (6 U.S.C. 101 et seq.) are repealed: CommentsClose CommentsPermalink





(A1) Section 501. CommentsClose CommentsPermalink





(B2) Section 503. CommentsClose CommentsPermalink





(C3) Section 504. CommentsClose CommentsPermalink





(D4) Section 505. CommentsClose CommentsPermalink





(E5) Section 506. CommentsClose CommentsPermalink





(F6) Section 507. CommentsClose CommentsPermalink





(G7) Section 508. CommentsClose CommentsPermalink





(H8) Section 509. CommentsClose CommentsPermalink





(I9) Section 510. CommentsClose CommentsPermalink





(J10) Section 513. CommentsClose CommentsPermalink





(K11) Section 517. CommentsClose CommentsPermalink





(12) Section 519. CommentsClose CommentsPermalink





(e) Redesignations- Sections 502, 511, 512, 514, 515, 516, 517, 518, 520, 521, 522, 523, and 524 of such Act of 2002 (6 U.S.C. 312, 321, 321a, 321c, 321d, 321e, 321f, 321g, 321i, 321j, 321k, 321l, and 321m) are redesignated as sections 501 through 5132, respectively. CommentsClose CommentsPermalink





(f) Title Heading- The heading for title V of such Act is amended by striking ‘NATIONAL EMERGENCY MANAGEMENT’ and inserting ‘OTHER OFFICES AND FUNCTIONS’. CommentsClose CommentsPermalink





(g) Table of Contents- The table of contents contained in section 1(b) of such Act is amended by striking the items relating to title V and inserting the following: CommentsClose CommentsPermalink

‘TITLE V--OTHER OFFICES AND FUNCTIONS

‘Sec. 501. Definition. CommentsClose CommentsPermalink





‘Sec. 502. The National Infrastructure Simulation and Analysis Center. CommentsClose CommentsPermalink





‘Sec. 503. Evacuation plans and exercises. CommentsClose CommentsPermalink





‘Sec. 504. Assistant Secretary for Cybersecurity and Communications. CommentsClose CommentsPermalink





‘Sec. 505. National Operations Center. CommentsClose CommentsPermalink





‘Sec. 506. Chief Medical Officer‘Sec. 507. Nuclear incident response. CommentsClose CommentsPermalink





‘Sec. 5087. Conduct of certain public health-related activities. CommentsClose CommentsPermalink





‘Sec. 5098. Use of commercially available technology, goods, and services. CommentsClose CommentsPermalink





‘Sec. 51009. Procurement of security countermeasures for strategic national stockpile. CommentsClose CommentsPermalink





‘Sec. 5110. Model standards and guidelines for critical infrastructure workers. CommentsClose CommentsPermalink





‘Sec. 5121. Guidance and recommendations. CommentsClose CommentsPermalink





‘Sec. 5132. Voluntary private sector preparedness accreditation and certification program.’. CommentsClose CommentsPermalink

SEC. 109. HOMELAND SECURITY GRANTS.

SEC. 110. ADDITIONAL CONFORMING AMENDMENTS TO HOMELAND SECURITY ACT OF 2002.

SEC. 114. RECOMMENDED LEGISLATION.

(a) In General- After consultation with Congress, the Administrator shall prepare recommended legislation containing additional technical and conforming amendments to reflect the changes made by this title. CommentsClose CommentsPermalink





(b) Submission to Congress- Not later than 90 days after the last day of the transition period referred to in section 105(e), the Administrator shall submit to Congress a report containing the recommended legislation. CommentsClose CommentsPermalink

TITLE II--RELATED MATTERS CommentsClose CommentsPermalink

SEC. 201. NATIONAL ADVISORY COUNCIL.

(a) Establishment- The Administrator shall continue to maintain an advisory body to ensure effective and ongoing coordination of Federal preparedness, response, recovery, and mitigation for hazards, to be known as the National Advisory Council. CommentsClose CommentsPermalink





(b) Responsibilities- The National Advisory Council shall advise the Administrator on all aspects of emergency management. CommentsClose CommentsPermalink





(c) Membership- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) health scientists, emergency and inpatient medical providers, and public health professionals; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(D) State, local, and tribal government officials with expertise in preparedness, response, recovery, and mitigation, including Adjutants General; CommentsClose CommentsPermalink





(E) elected State, local, and tribal government executives; CommentsClose CommentsPermalink





(F) experts in public and private sector infrastructure protection, cybersecurity, and communications; CommentsClose CommentsPermalink





(G) representatives of individuals with disabilities and other populations with special needs; and CommentsClose CommentsPermalink





(H) such other individuals as the Administrator determines to be appropriate. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(4) TERMS OF OFFICE- The term of office of each member of the National Advisory Council shall be 3 years. CommentsClose CommentsPermalink





(d) Applicability of Federal Advisory Committee Act- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act, andsection 552b(c) of title 5, United States Code, shall apply to the National Advisory Council. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 202. NATIONAL INTEGRATION CENTER.

(a) In General- There is established in the Agency a National Integration Center. CommentsClose CommentsPermalink





(b) Responsibilities- The Administrator, through the National Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance, including revisions as appropriate, of the National Incident Management System, the National Response Plan (including the Catastrophic Incident Annex), and any successor to such system or plan. CommentsClose CommentsPermalink





(c) Incident Management- CommentsClose CommentsPermalink





(1) NATIONAL RESPONSE PLAN- The Administrator shall ensure that the National Response Plan provides for a clear chain of command to lead and coordinate the Federal response to any hazard. CommentsClose CommentsPermalink





(2) PRINCIPAL FEDERAL OFFICIAL- The position of Principal Federal Official is abolished. CommentsClose CommentsPermalink

SEC. 203. CREDENTIALING AND TYPING.

(a) In General- The Administrator shall continue to implement a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard. CommentsClose CommentsPermalink





(b) Distribution- CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to-- CommentsClose CommentsPermalink





(A) each Federal agency that has responsibilities under the National Response Plan to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard; and CommentsClose CommentsPermalink





(B) State, local, and tribal governments, to aid such governments with credentialing and typing of State, local, and tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard. CommentsClose CommentsPermalink





(2) ASSISTANCE- The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and tribal government agencies with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard. CommentsClose CommentsPermalink





(c) Credentialing and Typing of Personnel- Each Federal agency with responsibilities under the National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard.(d) are credentialed or typed, as appropriate, in accordance with this section. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(e) Definition- For purposes of this section, the term ‘credentialing’ means to provide documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under this section. CommentsClose CommentsPermalink

SEC. 204. DISABILITY COORDINATOR.

(a) In General- The Administrator shall appoint in the Agency a Disability Coordinator in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. The Disability Coordinator shall report directly to the Administrator. CommentsClose CommentsPermalink





(b) Consultation- The Disability Coordinator shall be appointed after consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note). CommentsClose CommentsPermalink





(c) Transitional Provision- The individual serving in the Agency as Disability Coordinator on the date of enactment of this Act may continue to serve in that position at the discretion of the Administrator. CommentsClose CommentsPermalink