FEMA Reauthorization Act of 2017

Summary: FEMA Reauthorization Act of 2017 (Sec. 2) This bill amends the Post-Katrina Emergency Management Reform Act of 2006 to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 3) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance within 120 days of enactment, including consideration of trends and contributing factors, and disaster roles and responsibility. The council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance. (Sec. 4) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Center for Domestic Preparedness and the other members of the National Domestic Preparedness Consortium. (Sec. 5) FEMA 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) The non-federally funded actions of private parties or state, local, or tribal governments on state, local, tribal, and private land, and the effects of those actions, shall not be attributed to FEMA's actions 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 for purposes of the Endangered Species Act. Such actions that may influence private actions do not create a federal nexus for the purpose of applying the requirements of such Act. (Sec. 7) The bill makes technical amendments to the Homeland Security Act of 2002 and the Post-Katrina Emergency Management Reform Act of 2006.

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''.