89–006 

111TH CONGRESS REPT. 111–459 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

FEMA INDEPENDENCE ACT OF 2009 

APRIL 13, 2010.—Ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 1174] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 1174) to establish the Federal Emergency Management Agency as a cabinet-level independent agency 

in the executive branch, and for other purposes, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘FEMA Independence Act of 

2009’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY 

Sec. 101. Establishment of independent agency. 

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

Sec. 103. Authority and responsibilities. 

Sec. 104. Office of the Inspector General. 

Sec. 105. Transfer of functions. 

Sec. 106. Personnel and other transfers. 

Sec. 107. Savings provisions. 

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

Sec. 109. Homeland security grants. 

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

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

Sec. 112. Conforming and technical amendments to other laws. 

Sec. 113. Changes to administrative documents. 

Sec. 114. Recommended legislation. 

TITLE II—RELATED MATTERS 

Sec. 201. National Advisory Council. 

Sec. 202. National Integration Center. 

Sec. 203. Credentialing and typing. 


tjames on DSKG8SOYB1PROD with HEARING
2 

Sec. 204. Disability coordinator. 

Sec. 205. Nuclear incident response. 

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

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the Federal Emergency Management Agency appointed under section 102. 

(2) AGENCY.—The term ‘‘Agency’’ means the Federal Emergency Management 

Agency established under section 101. 

(3) EMERGENCY.—The term ‘‘emergency’’ has the meaning given that term in 

section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5122). 

(4) EMERGENCY MANAGEMENT.—The term ‘‘emergency management’’ means 

preparedness for, response to, recovery from, and mitigating hazards. 

(5) HAZARD.—The term ‘‘hazard’’ has the meaning given that term in section 

602(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5196(b)) and includes any major disaster or emergency. 

(6) MAJOR DISASTER.—The term ‘‘major disaster’’ has the meaning given that 

term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). 

TITLE I—ESTABLISHMENT OF FEDERAL 

EMERGENCY MANAGEMENT AGENCY 

SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY. 

(a) IN GENERAL.—The Federal Emergency Management Agency is established as 

a cabinet-level independent establishment in the executive branch. 

(b) MISSION.—The primary mission of the Agency shall be to reduce the loss of 

life and property and protect the Nation from hazards by leading and supporting 

the Nation in a comprehensive emergency management system of preparedness, response, recovery, and mitigation. 

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

(a) ADMINISTRATOR.— 

(1) IN GENERAL.—The Agency shall be headed by an Administrator, who shall 

be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. 

(2) QUALIFICATIONS.—The Administrator shall be appointed from among individuals who have extensive experience in emergency preparedness, response, recovery, and mitigating hazards. 

(3) EXECUTIVE SCHEDULE.—Title 5, United States Code, is amended— 

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

‘‘Administrator of the Federal Emergency Management Agency.’’; and 

(B) in section 5313 by striking the item relating to ‘‘Administrator of the 

Federal Emergency Management Agency’’. 

(b) DEPUTY ADMINISTRATOR.— 

(1) IN GENERAL.—The Agency shall have one Deputy Administrator, who shall 

be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall carry out duties and powers prescribed by 

the Administrator and act for the Administrator when the Administrator is absent or unable to serve or when the position of the Administrator is vacant. 

(2) QUALIFICATIONS.—The Deputy Administrator shall be appointed from 

among individuals who have extensive experience in emergency preparedness, 

response, recovery, and mitigating hazards. 

(3) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United States Code, is 

amended by striking the item relating to ‘‘Deputy Administrators, Federal 

Emergency Management Agency’’ and inserting the following: 

‘‘Deputy Administrator, Federal Emergency Management Agency.’’. 

(c) ASSISTANT ADMINISTRATORS.— 

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

determined by the Administrator. 

(2) QUALIFICATIONS.—Each Assistant Administrator shall be appointed from 

among individuals who have a demonstrated ability in and knowledge of emergency management or other field relevant to their position. 

(d) REGIONAL OFFICES.— 


tjames on DSKG8SOYB1PROD with HEARING
3 

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

(2) REGIONAL ADMINISTRATORS.— 

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

(B) QUALIFICATIONS.— 

(i) IN GENERAL.—Each Regional Administrator shall be appointed 

from among individuals who have a demonstrated ability in and knowledge of emergency management. 

(ii) CONSIDERATIONS.—In selecting an individual to serve as a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of the individual with the geographical area and 

demographic characteristics of the population served by the Regional 

Office. 

(3) REGIONAL ADVISORY COUNCILS.— 

(A) ESTABLISHMENT.—Each Regional Administrator shall establish a Regional Advisory Council. 

(B) NOMINATIONS.—A State, local, or tribal government located within the 

geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members 

of the Regional Advisory Council for that region. 

(C) RESPONSIBILITIES.—Each Regional Advisory Council shall— 

(i) advise the Regional Administrator on emergency management 

issues specific to that region; 

(ii) identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that 

might make preparedness, response, recovery, or mitigation more complicated or difficult; and 

(iii) advise the Regional Administrator of any weakness or deficiency 

in preparedness, response, recovery, or mitigation for any State, local, 

or tribal government within the region of which the Regional Advisory 

Council is aware. 

(e) AREA OFFICES.—There shall be an Area Office for the Pacific, an Area Office 

for the Caribbean, and an Area Office in Alaska, as components in the appropriate 

Regional Offices. 

SEC. 103. AUTHORITY AND RESPONSIBILITIES. 

(a) IN GENERAL.—The Administrator shall provide the Federal leadership necessary to prepare for, respond to, recover from, and mitigate hazards. 

(b) STAFFORD ACT.—The Administrator shall assist the President in carrying out 

the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities 

given to the Administrator under that Act. 

(c) MISSION.—The responsibilities of the Administrator shall include carrying out 

the mission of the Agency by leading and supporting the Nation in a comprehensive 

emergency management system of— 

(1) mitigation, by taking sustained actions to reduce or eliminate long-term 

risks to people and property from hazards and their effects; 

(2) preparedness, by planning, training, conducting exercises, and building 

the emergency management profession to prepare effectively for mitigating, responding to, and recovering from any hazard; 

(3) response, by conducting emergency operations to save lives and property 

through positioning emergency equipment, personnel, and supplies, through 

evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and 

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

future hazards. 

(d) RESPONSE DUTIES.—In carrying out subsection (c)(3), the Administrator, at a 

minimum, shall— 

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

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

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

(4) consolidate existing Federal Government emergency response plans into a 

single, coordinated plan to be known as the National Response Plan; 


tjames on DSKG8SOYB1PROD with HEARING
4 

(5) administer and ensure the implementation of the National Response Plan, 

including coordinating and ensuring the readiness of each emergency support 

function under the National Response Plan; and 

(6) help ensure the acquisition of operable and interoperable communications 

capabilities by Federal, State, local, and tribal governments and emergency response providers. 

(e) CONTINUITY OF GOVERNMENT.—The Administrator shall prepare and implement the plans and programs of the Federal Government for— 

(1) continuity of operations; 

(2) continuity of Government; and 

(3) continuity of plans. 

(f) OTHER DUTIES.—The Administrator shall— 

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

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

(3) develop and maintain a national emergency management system that is 

capable of preparing for, responding to, recovering from, and mitigating hazards 

of all magnitudes, including catastrophic disasters; and 

(4) supervise grant programs administered by the Agency. 

(g) ALL-HAZARDS APPROACH.—In carrying out the responsibilities under this section, the Administrator shall coordinate the implementation of an all-hazards strategy that builds those common capabilities necessary to prepare for, respond to, recover from, and mitigate hazards. 

SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 

The Agency shall have an Office of the Inspector General, headed by an Inspector 

General, in accordance with the Inspector General Act of 1978 (Public Law 95–452; 

5 U.S.C. App.). 

SEC. 105. TRANSFER OF FUNCTIONS. 

(a) IN GENERAL.—Except as provided by subsection (c), there shall be transferred 

to the Administrator the following: 

(1) All functions of the Federal Emergency Management Agency, as constituted on January 1, 2009, including continuity of operations and continuity 

of Government plans and programs. 

(2) The functions relating to the Agency under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other laws, 

including— 

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

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

seq.); 

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

(D) the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

et seq.); 

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

(F) section 612 of the Security and Accountability For Every Port Act of 

2006 (6 U.S.C. 314a); and 

(G) title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11331 et seq.). 

(3) Any function to be transferred to the Agency under the Post-Katrina 

Emergency Management Reform Act of 2006 (103 Stat. 1394), including the 

amendments made by that Act, even if the transfer has not taken place as of 

January 1, 2009. 

(b) INSPECTOR GENERAL.—There shall be transferred to the Inspector General of 

the Federal Emergency Management Agency all of the functions relating to the Inspector General that were transferred from the Federal Emergency Management 

Agency to the Department of Homeland Security on or after January 1, 2003. 

(c) EXCEPTIONS.—The following programs shall not be affected by this Act and 

shall remain within the Department of Homeland Security: 

(1) The grant programs authorized by sections 1406, 1513, and 1532 of the 

Implementing Recommendations of the 9/11 Commission Act (6 U.S.C. 1135, 

1163, and 1182). 

(2) The grant program authorized by section 70107 of title 46, United States 

Code. 

(3) Programs authorized by sections 2003 and 2004 of the Homeland Security 

Act of 2002 (6 U.S.C. 604 and 605), as amended by this Act. 

(4) The trucking security grant program (Public Law 110–329; 122 Stat. 

3671). 

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


tjames on DSKG8SOYB1PROD with HEARING
5 

(6) The commercial equipment direct assistance program (Public Law 110– 

329; 122 Stat. 3672). 

(d) UNITED STATES FIRE ADMINISTRATOR; FEDERAL INSURANCE ADMINISTRATOR.— 

Nothing in this Act shall be construed to affect the appointment of the United 

States Fire Administrator under section 5(b) of the Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2204(b)) or the Federal Insurance Administrator under section 

1105(a) of the Housing and Urban Development Act of 1968 (42 U.S.C. 4129). 

(e) TRANSITION PERIOD.—The transfers under this section shall be carried out not 

later than 120 days following the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Administrator 

such assistance, including the use of personnel and assets, as the Administrator 

may request in preparing for the transfer. 

(f) TRANSITION.—The Administrator may use— 

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

and 

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

(g) LIAISON OFFICE TO ENSURE COORDINATION WITH DEPARTMENT OF HOMELAND

SECURITY.—The Administrator shall establish a liaison office within the Agency to 

ensure adequate coordination with the Department of Homeland Security. 

SEC. 106. PERSONNEL AND OTHER TRANSFERS. 

(a) PERSONNEL PROVISIONS.— 

(1) APPOINTMENTS.—The Administrator may appoint and fix the compensation 

of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions 

transferred under section 105. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws 

and their compensation fixed in accordance with title 5, United States Code. 

(2) EXPERTS AND CONSULTANTS.—The Administrator may obtain the services 

of experts and consultants in accordance with section 3109 of title 5, United 

States Code, and compensate such experts and consultants for each day (including travel time) during which they are engaged in the actual performance of 

such services at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Administrator may pay experts and consultants who are serving away from their homes or regular place 

of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service 

employed intermittently. 

(b) DELEGATION AND ASSIGNMENT.—Except where otherwise expressly prohibited 

by law or otherwise provided by this title, the Administrator may delegate any of 

the functions transferred to the Administrator by section 105 and any function 

transferred or granted to the Administrator after the date of the transfers by section 

105 to such officers and employees of the Agency as the Administrator may designate and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Administrator under this 

subsection or under any other provision of this title shall relieve the Administrator 

of responsibility for the administration of such functions. 

(c) REORGANIZATION.—The Administrator may allocate or reallocate any function 

transferred under section 105 among the officers of the Agency, and may establish, 

consolidate, alter, or discontinue such organizational entities in the Agency as may 

be necessary or appropriate if the Administrator, on or before the 30th day preceding the date of the allocation or reallocation, provides to Congress written notice 

of the allocation or reallocation. 

(d) RULES.—The Administrator may prescribe, in accordance with the provisions 

of chapters 5 and 6 of title 5, United States Code, such rules and regulations as 

the Administrator determines necessary or appropriate to administer and manage 

the functions of the Agency. 

(e) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—Except as 

otherwise provided in this title, the personnel employed in connection with, and the 

assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising 

from, available to, or to be made available in connection with the functions transferred by section 105, subject to section 1531 of title 31, United States Code, shall 

be transferred to the Agency. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. 


tjames on DSKG8SOYB1PROD with HEARING
6 

(f) INCIDENTAL TRANSFERS.—The Director of the Office of Management and Budget, in consultation with the Administrator, may make such determinations as may 

be necessary with regard to the functions transferred by section 105, and may make 

such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be 

made available in connection with such functions, as may be necessary to carry out 

the provisions of this title. The Director of the Office of Management and Budget 

shall provide for the termination of the affairs of all entities terminated by this title 

and for such further measures and dispositions as may be necessary to effectuate 

the purposes of this title. 

(g) EFFECT ON PERSONNEL.— 

(1) IN GENERAL.—Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) 

and part-time personnel holding permanent positions shall not cause any such 

employee to be separated or reduced in grade or compensation for one year after 

the date of transfer of such employee under this title. 

(2) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise provided in this 

title, any person who, on the day preceding the date of the transfers of functions 

under section 105, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, 

without a break in service, is appointed in the Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than 

the rate provided for such previous position, for the duration of the service of 

such person in such new position. 

SEC. 107. SAVINGS PROVISIONS. 

(a) SAVINGS PROVISIONS.— 

(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, 

rules, regulations, permits, agreements, grants, contracts, certificates, licenses, 

registrations, privileges, and other administrative actions— 

(A) which have been issued, made, granted, or allowed to become effective 

by the President, any Federal agency or official thereof, or by a court of 

competent jurisdiction, in the performance of functions that are transferred 

under section 105; and 

(B) which are in effect on the date of the transfers of functions under section 105, or were final before such date and are to become effective on or 

after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law 

by the President, the Administrator, or other authorized official, a court of 

competent jurisdiction, or by operation of law. 

(2) PROCEEDINGS NOT AFFECTED.—The provisions of this title shall not affect 

any proceedings, including notices of proposed rulemaking, or any application 

for any license, permit, certificate, or financial assistance pending before the 

Agency on the date of the transfers of functions under section 105, with respect 

to functions transferred by section 105, but such proceedings and applications 

shall continue. Orders shall be issued in such proceedings, appeals shall be 

taken therefrom, and payments shall be made pursuant to such orders, as if 

this title had not been enacted, and orders issued in any such proceedings shall 

continue in effect until modified, terminated, superseded, or revoked by a duly 

authorized official, by a court of competent jurisdiction, or by operation of law. 

Nothing in this paragraph shall be deemed to prohibit the discontinuance or 

modification of any such proceeding under the same terms and conditions and 

to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. 

(3) SUITS NOT AFFECTED.—The provisions of this title shall not affect suits 

commenced before the date of the transfers of functions under section 105, and 

in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been 

enacted. 

(4) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Agency, or by or against any individual in the official 

capacity of such individual as an officer of the Agency, shall abate by reason 

of the enactment of this title. 

(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS.— 

Any administrative action relating to the preparation or promulgation of a regulation by the Agency relating to a function transferred under section 105 may 


tjames on DSKG8SOYB1PROD with HEARING
7 

be continued by the Agency with the same effect as if this title had not been 

enacted. 

(b) REFERENCES.—Any reference in any other Federal law, Executive order, rule, 

regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by section 105— 

(1) to the head of such department, agency, or office is deemed to refer to the 

head of the department, agency, or office to which such function is transferred; 

or (2) to such department, agency, or office is deemed to refer to the department, 

agency, or office to which such function is transferred. 

SEC. 108. OFFICES AND FUNCTIONS OF DEPARTMENT OF HOMELAND SECURITY. 

(a) EVACUATION PLANS AND EXERCISES.—Section 512(c) of the Homeland Security 

Act of 2002 (6 U.S.C. 321a(c)) is amended by striking ‘‘Administrator’’ each place 

it appears and inserting ‘‘Secretary’’. 

(b) ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS; NATIONAL

OPERATIONS CENTER.—Sections 514 and 515 of such Act (6 U.S.C. 321c and 321d) 

are amended to read as follows: 

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

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

‘‘SEC. 515. NATIONAL OPERATIONS CENTER. 

‘‘(a) DEFINITION.—In this section, the term ‘situational awareness’ means information gathered from a variety of sources that, when communicated to emergency 

managers and homeland security decisionmakers, can form the basis for homeland 

security decisionmaking. 

‘‘(b) ESTABLISHMENT.—The National Operations Center is the principal operations 

center for the Department and shall— 

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

‘‘(2) ensure that critical homeland security information reaches government 

decisionmakers. 

‘‘(c) FEMA AUTHORITY.—Nothing in this section shall be construed to provide to 

the National Operations Center any authority that overlaps with the authority of 

the Administrator of the Federal Emergency Management Agency, except to the extent necessary to coordinate the activities or information of the National Operations 

Center with the Federal Emergency Management Agency.’’. 

(c) CHIEF MEDICAL OFFICER.—Section 516 of such Act of 2002 (6 U.S.C. 321e) is 

amended— 

(1) in subsection (c)— 

(A) in the matter preceding paragraph (1) by striking ‘‘natural disasters, 

acts of terrorism, and other man-made disasters’’ and inserting ‘‘homeland 

security’’; and 

(B) in paragraph (4) by inserting ‘‘the Federal Emergency Management 

Agency,’’ after ‘‘the Department of Veterans Affairs,’’; and 

(2) by adding at the end the following: 

‘‘(d) FEMA AUTHORITY.—Nothing in this section shall be construed to provide to 

the Chief Medical Officer any authority that overlaps with the authority of the Administrator of the Federal Emergency Management Agency, except to the extent 

necessary to coordinate activities or information with the Federal Emergency Management Agency.’’. 

(d) REPEALS.—The following provisions of such Act (6 U.S.C. 101 et seq.) are repealed: 

(1) Section 501. 

(2) Section 503. 

(3) Section 504. 

(4) Section 505. 

(5) Section 506. 

(6) Section 507. 

(7) Section 508. 

(8) Section 509. 

(9) Section 510. 

(10) Section 513. 

(11) Section 517. 

(12) Section 519. 

(e) REDESIGNATIONS.—Sections 502, 511, 512, 514, 515, 516, 518, 520, 521, 522, 

523, and 524 of such Act of 2002 (6 U.S.C. 312, 321, 321a, 321c, 321d, 321e, 321f, 


tjames on DSKG8SOYB1PROD with HEARING
8 

321g, 321i, 321j, 321k, 321l, and 321m) are redesignated as sections 501 through 

512, respectively. 

(f) TITLE HEADING.—The heading for title V of such Act is amended by striking 

‘‘NATIONAL EMERGENCY MANAGEMENT’’ and inserting ‘‘OTHER OFFICES 

AND FUNCTIONS’’. 

(g) TABLE OF CONTENTS.—The table of contents contained in section 1(b) of such 

Act is amended by striking the items relating to title V and inserting the following: 

‘‘TITLE V—OTHER OFFICES AND FUNCTIONS 

‘‘Sec. 501. Definition. 

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

‘‘Sec. 503. Evacuation plans and exercises. 

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

‘‘Sec. 505. National Operations Center. 

‘‘Sec. 506. Chief Medical Officer. 

‘‘Sec. 507. Conduct of certain public health-related activities. 

‘‘Sec. 508. Use of commercially available technology, goods, and services. 

‘‘Sec. 509. Procurement of security countermeasures for strategic national stockpile. 

‘‘Sec. 510. Model standards and guidelines for critical infrastructure workers. 

‘‘Sec. 511. Guidance and recommendations. 

‘‘Sec. 512. Voluntary private sector preparedness accreditation and certification program.’’. 

SEC. 109. HOMELAND SECURITY GRANTS. 

(a) URBAN AREA SECURITY INITIATIVE.—Section 2003(a) of the Homeland Security 

Act of 2002 (6 U.S.C. 604(a)) is amended striking ‘‘preventing, preparing for, protecting against, and responding to’’ and inserting ‘‘preventing and protecting 

against’’. 

(b) STATE HOMELAND SECURITY GRANT PROGRAM.—Section 2004 of such Act (6 

U.S.C. 605) is amended— 

(1) in subsection (a) by striking ‘‘preventing, preparing for, protecting against, 

and responding to’’ and inserting ‘‘preventing and protecting against’’; 

(2) in subsection (c)(3) by striking ‘‘to prevent, prepare for, protect against, or 

respond to’’ and inserting ‘‘to prevent or protect against’’; and 

(3) in subsection (d)(1) by striking ‘‘to prevent, prepare for, protect against, 

and respond to’’ and inserting ‘‘to prevent and protect against’’. 

(c) GRANTS TO DIRECTLY ELIGIBLE TRIBES.—Section 2005(h) of such Act (6 U.S.C. 

606(h)) is amended by striking ‘‘preventing, preparing for, protecting against, and 

responding to’’ and inserting ‘‘preventing and protecting against’’. 

(d) TERRORISM PREVENTION.—Section 2006(b)(4)(A) of such Act (6 U.S.C. 

607(b)(4)(A)) is amended by striking ‘‘preventing, preparing for, protecting against, 

and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States’’ and inserting ‘‘preventing and protecting against acts 

of terrorism within the United States’’. 

(e) PRIORITIZATION.—Section 2007(a) of such Act (6 U.S.C. 608(a)) is amended— 

(1) in paragraph (1)(H) by striking ‘‘respond to’’ and inserting ‘‘address’’; and 

(2) in paragraphs (1)(J)(i) and (2) by striking ‘‘to prevent, prepare for, protect 

against, and respond to’’ and inserting ‘‘to prevent and protect against’’. 

(f) USE OF FUNDS.—Section 2008 of such Act (6 U.S.C. 609) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1) by striking ‘‘preventing, preparing for, protecting against, and responding to’’ and inserting ‘‘preventing 

and protecting against’’; and 

(B) in paragraph (12) by inserting before the semicolon at the end the following: ‘‘, except to the extent that such activities are inconsistent with the 

FEMA Independence Act of 2009 (including the amendments made by that 

Act)’’; and 

(2) in subsections (b)(4)(B)(i) and (d)(2) by striking ‘‘preventing, preparing for, 

protecting against, or responding to’’ and inserting ‘‘preventing or protecting 

against’’. 

(g) ADMINISTRATION AND COORDINATION.—Section 2021 of such Act (6 U.S.C. 611) 

is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) REGIONAL COORDINATION.—The Secretary shall ensure that— 

‘‘(1) all recipients of grants administered by the Department to prevent and 

protect against acts of terrorism coordinate, as appropriate, their prevention 

and protection efforts with neighboring State, local, and tribal governments; 

and 

‘‘(2) all high-risk urban areas and other recipients of grants administered by 

the Department to prevent and protect against acts of terrorism that include 

or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the use 

of regional working groups and requirements for regional plans.’’; and 


tjames on DSKG8SOYB1PROD with HEARING
9 

(2) in subsection (d)(1) by striking ‘‘Department’’ and inserting ‘‘Federal Government’’. 

(h) ACCOUNTABILITY.— 

(1) AUDITS OF GRANT PROGRAMS.—Section 2022(a) of such Act (6 U.S.C. 

612(a)) is amended— 

(A) in paragraph (2)— 

(i) by striking subparagraph (A) and inserting the following: 

‘‘(A) IN GENERAL.—Not less than once every 2 years, the Secretary shall 

conduct, for each State and high-risk urban area receiving a grant administered by the Department, a programmatic and financial review of all grants 

awarded by the Department to prevent or protect against acts of terrorism.’’; and 

(ii) in subparagraph (B) by striking ‘‘to prevent, prepare for, protect 

against, and respond to natural disasters, acts of terrorism, and other 

man-made disasters’’ and inserting ‘‘to prevent and protect against acts 

of terrorism’’; and 

(B) in paragraph (3)— 

(i) by striking subparagraph (A) and inserting the following: 

‘‘(A) IN GENERAL.—In order to ensure the effective and appropriate use 

of grants administered by the Department, the Inspector General of the Department each year shall conduct audits of a sample of States and highrisk urban areas that receive grants administered by the Department to 

prevent or protect against acts of terrorism.’’; and 

(ii) in subparagraph (D)(ii)(IV) by striking ‘‘to prevent, prepare for, 

protect against, and respond to natural disasters, acts of terrorism and 

other man-made disasters’’ and inserting ‘‘to prevent and protect 

against acts of terrorism’’. 

(2) ADMINISTRATION OF GRANTS.—Section 2022 of such Act (6 U.S.C. 612) is 

amended by adding at the end the following: 

‘‘(d) ADMINISTRATION OF GRANTS.—The Secretary may request the Administrator 

to continue to support the administration of any grant authorized by this title.’’. 

(i) REFERENCES TO ADMINISTRATOR.—Title XX of such Act (6 U.S.C. 601 et seq.) 

is amended— 

(1) in section 2002(a) by striking ‘‘, through the Administrator,’’; 

(2) in section 2021(c)(1) by striking ‘‘(acting through the Administrator)’’; 

(3) in the subparagraph heading for section 2022(a)(3)(F) by striking ‘‘ADMINISTRATOR’’ and inserting ‘‘SECRETARY’’; 

(4) in the subsection heading for section 2022(c) by striking ‘‘BY THE ADMINISTRATOR’’ ; and 

(5) by striking ‘‘Administrator’’ each place it appears and inserting ‘‘Secretary’’, except in— 

(A) section 2001(1); 

(B) section 2006(b)(4)(F); 

(C) section 2006(b)(5); 

(D) section 2022(b)(2); and 

(E) section 2022(c)(1). 

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

(a) MISSION.—Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 

111(b)(1)) is amended— 

(1) by striking subparagraph (C); 

(2) by redesignating subparagraphs (D) through (H) as subparagraphs (C) 

through (G), respectively; and 

(3) in subparagraph (C) (as so redesignated) by striking ‘‘, including’’ and all 

that follows before the semicolon at the end. 

(b) SECRETARY; FUNCTIONS.—Section 102 of such Act (6 U.S.C. 112) is amended— 

(1) by adding at the end of subsection (c) the following: 

‘‘Nothing in this subsection may be construed to interfere with the role of the Administrator of the Federal Emergency Management Agency.’’; and 

(2) in subsection (f)— 

(A) in paragraph (4)— 

(i) by inserting ‘‘and’’ at the end of subparagraph (A); 

(ii) by striking ‘‘and’’ at the end of subparagraph (B); and 

(iii) by striking subparagraph (C); 

(B) by striking paragraph (8); and 

(C) by redesignating paragraphs (9), (10), and (11) as paragraphs (8), (9), 

and (10), respectively. 

(c) OTHER OFFICERS.—Section 103(a) of such Act (6 U.S.C. 113(a)) is amended— 

(1) by striking paragraph (4); and 


tjames on DSKG8SOYB1PROD with HEARING
10 

(2) by redesignating paragraphs (5) through (10) as paragraphs (4) through 

(9), respectively. 

(d) AUTHORITY TO ISSUE WARNINGS.—Section 214(g) of such Act (6 U.S.C. 133(g)) 

is amended by adding at the end the following: 

‘‘Nothing in this subsection may be construed to limit or otherwise affect the authority of the President or the Administrator of the Federal Emergency Management 

Agency under section 202 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5132).’’. 

(e) ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.—Section 223 of such Act (6 

U.S.C. 143) is amended by striking ‘‘Under Secretary for Emergency Preparedness 

and Response’’ each place it appears and inserting ‘‘Administrator of the Federal 

Emergency Management Agency’’. 

(f) COORDINATION WITH FEDERAL EMERGENCY MANAGEMENT AGENCY.— (1) IN GENERAL.—Title II of such Act (6 U.S.C. 121 et seq.) is amended by 

adding at the end the following: 

‘‘Subtitle E—Consultation With Federal 

Emergency Management Agency 

‘‘SEC. 241. DUTY TO CONSULT. 

‘‘In carrying out this title, the Secretary shall consult, as appropriate, with the 

Administrator of the Federal Emergency Management Agency. 

‘‘SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION. 

‘‘Nothing in this title may be construed to limit or otherwise affect the authority 

of the Administrator of the Federal Emergency Management Agency.’’. 

(2) CLERICAL AMENDMENT.—The table of contents contained in section 1(b) of 

such Act is amended by adding at the end of the items relating to title II the 

following: 

‘‘Subtitle E—Consultation With Federal Emergency Management Agency 

‘‘Sec. 241. Duty to consult. 

‘‘Sec. 242. Limitation on statutory construction.’’. 

(g) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 430 of such Act (6 U.S.C. 238), 

and the item relating to that section in the table of contents contained in section 

1(b) of such Act, are repealed. 

(h) QUADRENNIAL HOMELAND SECURITY REVIEW.—Section 707 of such Act (6 

U.S.C. 347) is amended— 

(1) in subsection (a)(3)(A) by inserting ‘‘the Administrator of the Federal 

Emergency Management Agency,’’ after ‘‘the Secretary of Agriculture,’’; 

(2) in subsection (b)(1) by striking ‘‘, the National Response Plan,’’; and 

(3) in subsection (c)(2)(G) by striking ‘‘and preparing for emergency response 

to threats to national homeland security’’. 

(i) COORDINATION WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER

PUBLIC HEALTH SERVICE ACT.—Section 887 of such Act (6 U.S.C. 467) is amended— 

(1) in subsection (a) by inserting before the period at the end the following: 

‘‘and section 202(b) of the FEMA Independence Act of 2009’’; and 

(2) in subsections (b)(2) and (b)(3) by inserting ‘‘the Federal Emergency Management Agency,’’ after ‘‘the Department of Homeland Security,’’. 

(j) MEMBERSHIP OF NATIONAL HOMELAND SECURITY COUNCIL.—Section 903(a) of 

such Act (6 U.S.C. 493(a)) is amended— 

(1) by redesignating paragraph (6) as paragraph (7); and 

(2) by inserting after paragraph (5) the following: 

‘‘(6) The Administrator of the Federal Emergency Management Agency.’’. 

SEC. 111. CONFORMING AMENDMENTS TO POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006. 

(a) SURGE CAPACITY FORCE.—Section 624 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 711) is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’; and 

(B) by striking ‘‘of the Department’’; and 

(2) in subsections (c)(1) and (c)(2) by striking ‘‘section 510 of the Homeland 

Security Act of 2002, as amended by this Act,’’ and inserting ‘‘section 203 of the 

FEMA Independence Act of 2009’’. 

(b) IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.—Section 640(a) of 

such Act (6 U.S.C. 727(a)) is amended by striking ‘‘, in coordination with the Chief 

Information Officer of the Department,’’. 


tjames on DSKG8SOYB1PROD with HEARING
11 

(c) DEFINITIONS.—Section 641 of such Act (6 U.S.C. 741) is amended in paragraphs (2) and (14) by striking ‘‘section 501 of the Homeland Security Act of 2002 

(6 U.S.C. 311)’’ and inserting ‘‘section 203 of the FEMA Independence Act of 2009’’. 

(d) FEDERAL RESPONSE CAPABILITY INVENTORY.—Section 651 of such Act (6 U.S.C. 

751) is amended in paragraphs (2) and (3) of subsection (b) by striking ‘‘section 510 

of the Homeland Security Act of 2002 (6 U.S.C. 320)’’ and inserting ‘‘section 203 of 

the FEMA Independence Act of 2009’’. 

(e) FEDERAL PREPAREDNESS.—Section 653(a)(2) of such Act (6 U.S.C. 753(a)(2)) is 

amended by striking ‘‘section 510 of the Homeland Security Act of 2002 (6 U.S.C. 

320)’’ and inserting ‘‘section 203 of the FEMA Independence Act of 2009’’. 

(f) NATIONAL DISASTER RECOVERY STRATEGY.—Section 682(a) of such Act (6 U.S.C. 

771(a)) is amended by inserting ‘‘the Secretary,’’ after ‘‘the Department of the Interior,’’. 

(g) INDIVIDUALS WITH DISABILITIES.—Section 689(a) of such Act (6 U.S.C. 773(a)) 

is amended by striking ‘‘section 513 of the Homeland Security Act of 2002, as added 

by this Act’’ and inserting ‘‘section 204 of the FEMA Independence Act of 2009’’. 

(h) LIMITATIONS ON TIERING OF SUBCONTRACTORS.—Section 692 of such Act (6 

U.S.C. 792)— 

(1) in subsections (a) and (b) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’; and 

(2) in subsection (c) by striking ‘‘Department’’ and inserting ‘‘Agency’’. 

(i) LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.—Section 695 

of such Act (6 U.S.C. 794) is amended— 

(1) in subsections (a) and (b) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’; and 

(2) in subsection (c) by striking ‘‘Department’’ and inserting ‘‘Agency’’. 

SEC. 112. CONFORMING AND TECHNICAL AMENDMENTS TO OTHER LAWS. 

(a) CHIEF FINANCIAL OFFICER.—Section 901(b)(2) of title 31, United States Code, 

is amended by adding at the end the following: 

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

(b) INSPECTOR GENERAL ACT OF 1978.—Section 12(1) of the Inspector General Act 

of 1978 (5 U.S.C. App.) is amended by striking ‘‘Director of the Federal Emergency 

Management Agency’’ and inserting ‘‘Administrator of the Federal Emergency Management Agency’’. 

(c) TECHNICAL CORRECTIONS TO REFERENCES.—The Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended— 

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

‘‘(7) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of 

the Federal Emergency Management Agency.’’; and 

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

except— 

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

(B) in section 626(b). 

SEC. 113. CHANGES TO ADMINISTRATIVE DOCUMENTS. 

Not later than 120 days after the date of enactment of this Act, the President 

shall amend Homeland Security Presidential Directive–5, Homeland Security Presidential Directive–8, and any other similar administrative document to reflect the 

changes made by this Act (including the amendments made by this Act). 

SEC. 114. RECOMMENDED LEGISLATION. 

(a) IN GENERAL.—After consultation with Congress, the Administrator shall prepare recommended legislation containing additional technical and conforming 

amendments to reflect the changes made by this title. 

(b) SUBMISSION TO CONGRESS.—Not later than 90 days after the last day of the 

transition period referred to in section 105(e), the Administrator shall submit to 

Congress a report containing the recommended legislation. 

TITLE II—RELATED MATTERS 

SEC. 201. NATIONAL ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—The Administrator shall continue to maintain an advisory 

body to ensure effective and ongoing coordination of Federal preparedness, response, 

recovery, and mitigation for hazards, to be known as the National Advisory Council. 

(b) RESPONSIBILITIES.—The National Advisory Council shall advise the Administrator on all aspects of emergency management. 

(c) MEMBERSHIP.— 


tjames on DSKG8SOYB1PROD with HEARING
12 

(1) IN GENERAL.—The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a 

geographic (including urban and rural) and substantive cross section of officials, 

emergency managers, and emergency response providers from State, local, and 

tribal governments, the private sector, and nongovernmental organizations, including as appropriate— 

(A) members selected from the emergency management field and emergency response providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency 

management personnel, or organizations representing such individuals; 

(B) health scientists, emergency and inpatient medical providers, and 

public health professionals; 

(C) experts from Federal, State, local, and tribal governments, and the 

private sector, representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and 

standards development community, particularly those with expertise in the 

emergency preparedness and response field; 

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

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

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

(G) representatives of individuals with disabilities and other populations 

with special needs; and 

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

(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND HUMAN SERVICES

AND TRANSPORTATION.—In the selection of members of the National Advisory 

Council who are health or emergency medical services professionals, the Administrator shall work with the Secretary of Health and Human Services and the 

Secretary of Transportation. 

(3) EX OFFICIO MEMBERS.—The Administrator shall designate 1 or more officers of the Federal Government to serve as ex officio members of the National 

Advisory Council. 

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

(d) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

(1) IN GENERAL.—Subject to paragraph (2), the Federal Advisory Committee 

Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such 

Act, and section 552b(c) of title 5, United States Code, shall apply to the National Advisory Council. 

(2) TERMINATION.—Section 14(a)(2) of the Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the National Advisory Council. 

SEC. 202. NATIONAL INTEGRATION CENTER. 

(a) IN GENERAL.—There is established in the Agency a National Integration Center. 

(b) RESPONSIBILITIES.—The Administrator, through the National Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance, including revisions as appropriate, of the National Incident Management System, the 

National Response Plan (including the Catastrophic Incident Annex), and any successor to such system or plan. 

(c) INCIDENT MANAGEMENT.— 

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

(2) PRINCIPAL FEDERAL OFFICIAL.—The position of Principal Federal Official is 

abolished. 

SEC. 203. CREDENTIALING AND TYPING. 

(a) IN GENERAL.—The Administrator shall continue to implement a memorandum 

of understanding with the administrators of the Emergency Management Assistance 

Compact, State, local, and tribal governments, and organizations that represent 

emergency response providers to collaborate on developing standards for deployment 

capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary 

personnel) and resources likely needed to respond to a hazard. 

(b) DISTRIBUTION.— 


tjames on DSKG8SOYB1PROD with HEARING
13 

(1) IN GENERAL.—The Administrator shall provide the standards developed 

under subsection (a), including detailed written guidance, to— 

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

hazard; and 

(B) State, local, and tribal governments, to aid such governments with 

credentialing and typing of State, local, and tribal incident management 

personnel, emergency response providers, and other personnel (including 

temporary personnel) and resources likely needed to respond to a hazard. 

(2) ASSISTANCE.—The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and tribal government agencies with 

credentialing and typing incident management personnel, emergency response 

providers, and other personnel (including temporary personnel) and resources 

likely needed to respond to a hazard. 

(c) CREDENTIALING AND TYPING OF PERSONNEL.—Each Federal agency with responsibilities under the National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a hazard are 

credentialed or typed, as appropriate, in accordance with this section. 

(d) CONSULTATION ON HEALTH CARE STANDARDS.—In developing standards for 

credentialing health care professionals under this section, the Administrator shall 

consult with the Secretary of Health and Human Services. 

(e) DEFINITION.—For purposes of this section, the term ‘‘credentialing’’ means to 

provide documentation that identifies personnel and authenticates and verifies the 

qualifications of such personnel by ensuring that such personnel possess a minimum 

common level of training, experience, physical and medical fitness, and capability 

appropriate for a particular position in accordance with standards created under 

this section. 

SEC. 204. DISABILITY COORDINATOR. 

(a) IN GENERAL.—The Administrator shall appoint in the Agency a Disability Coordinator in order to ensure that the needs of individuals with disabilities are being 

properly addressed in emergency preparedness and disaster relief. The Disability 

Coordinator shall report directly to the Administrator. 

(b) CONSULTATION.—The Disability Coordinator shall be appointed after consultation with organizations representing individuals with disabilities, the National 

Council on Disabilities, and the Interagency Coordinating Council on Preparedness 

and Individuals with Disabilities established under Executive Order No. 13347 (6 

U.S.C. 312 note). 

(c) TRANSITIONAL PROVISION.—The individual serving in the Agency as Disability 

Coordinator on the date of enactment of this Act may continue to serve in that position at the discretion of the Administrator. 

SEC. 205. NUCLEAR INCIDENT RESPONSE. 

(a) IN GENERAL.—At the direction of the Administrator (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United 

States), the Nuclear Incident Response Team shall operate as an organizational unit 

of the Agency. While so operating, the Nuclear Incident Response Team shall be 

subject to the direction, authority, and control of the Administrator. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit 

the ordinary responsibility of the Secretary of Energy or the Administrator of the 

Environmental Protection Agency for organizing, training, equipping, or utilizing 

their respective entities in the Nuclear Incident Response Team, or (subject to the 

provisions of this section) from exercising direction, authority, or control over them 

when they are not operating as a unit of the Agency. 

SEC. 206. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM. 

Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following: 

‘‘SEC. 617. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM. 

‘‘(a) IN GENERAL.—To assist urban areas to prepare for any hazard, the Administrator shall establish an urban area all hazards preparedness grant program. 

‘‘(b) ELIGIBILITY.—The 100 most populous metropolitan statistical areas, as defined by the Office of Management and Budget, shall be eligible to receive a grant 

award under this section. The Administrator may consider additional urban areas 

for a grant award based on criteria established by the Administrator. 

‘‘(c) NOTIFICATION AND INFORMATION.—Not later than 30 days before the Administrator accepts applications for the urban area all hazards preparedness grant proVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6621 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
14 

gram, the Administrator shall notify the chief elected official of each urban area and 

the Governor of the State in which such urban area is located if the urban area is 

eligible for a grant under this section and provide information regarding the application procedures and grant award criteria. Such notification and information shall 

also be published in the Federal Register not later than 15 days before the Administrator accepts applications for the grant program. 

‘‘(d) APPLICATION.—An urban area eligible under subsection (b) may apply to the 

Administrator for a grant award under this section. Such application shall demonstrate, to the satisfaction of the Administrator, that— 

‘‘(1) the urban area will use funds awarded under this section to develop or 

implement activities that support the emergency management goals of the State 

in which an urban area is located; and 

‘‘(2) the State has reviewed the application. 

‘‘(e) ALLOCATION OF FUNDS.— 

‘‘(1) IN GENERAL.—The Administrator shall allocate funds to each State in 

which an urban area selected to receive a grant award under this section is located based on— 

‘‘(A) the population of each eligible urban area; 

‘‘(B) the relative level of risk of any hazard faced by each eligible urban 

area; and 

‘‘(C) other factors as determined appropriate by the Administrator. 

‘‘(2) MINIMUM ALLOCATION.—In determining the allocation amount under 

paragraph (1), the Administrator may provide each eligible urban area with a 

minimum allocation. 

‘‘(3) STATE DISTRIBUTION OF FUNDS.— 

‘‘(A) IN GENERAL.—Not later than 45 days after the date on which a State 

receives a grant award under this section, the State shall provide each 

urban area awarded a grant not less than 80 percent of the award amount 

for such area. Any funds retained by a State shall be expended on items, 

services, or activities related to emergency preparedness that benefit such 

urban area for activities described in subsection (f). 

‘‘(B) FUNDS RETAINED.—A State shall provide each urban area awarded 

such a grant with an accounting of the items, services, or activities on 

which any funds retained by the State under subparagraph (A) were expended. 

‘‘(4) INTERSTATE URBAN AREAS.—If an urban area selected to receive a grant 

award under this section is located in 2 or more States, the Administrator shall 

distribute to each such State a portion of the grant funds that the Administrator determines to be appropriate. 

‘‘(f) USES OF FUNDS.—An urban area that receives a grant award under this section may use funds only for activities determined by the Administrator to enhance 

the preparedness of an urban area for a hazard, and shall include— 

‘‘(1) planning; 

‘‘(2) purchase and maintenance of equipment; 

‘‘(3) training; 

‘‘(4) exercises; and 

‘‘(5) management and administration. 

‘‘(g) REGULATIONS.—Not later than 180 days after the date of enactment of this 

Act, the Administrator shall issue regulations to implement the urban area all hazards preparedness grant program under this section. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section— 

‘‘(1) $525,000,000 for fiscal year 2010; 

‘‘(2) $575,000,000 for fiscal year 2011; and 

‘‘(3) $650,000,000 for fiscal year 2012.’’. 

PURPOSE OF THE LEGISLATION

H.R. 1174, the ‘‘FEMA Independence Act of 2009’’, as amended, 

re-establishes the Federal Emergency Management Agency (FEMA) 

as an independent, cabinet-level agency reporting directly to the 

President. 

BACKGROUND AND NEED FOR LEGISLATION

FEMA is the Federal Government’s lead agency for preparing for, 

mitigating, responding to, and recovering from disasters and emerVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
15 

1Department of Homeland Security Appropriations Act, 2007, Pub. L. No. 109–295, Title VI, 

120 Stat. 1394 (2006). 2Message of President Carter to Congress Transmitting Reorganization Plan No. 3 of 1978, H.R. Doc. No. 95–356, at 1129 (1978). 3 National Defense Authorization Act for Fiscal Year 1995, Pub. L. No. 103–337, § 3411, 108 

Stat. 3100 (1994). 4Prior to April 1, 2007, the Administrator of FEMA was referred to as the Director of FEMA. 

gencies from all hazards, whether natural or man-made. Prior to 

the creation of the Department of Homeland Security (DHS) in 

2003, FEMA was an independent agency responsible for coordinating and administering, on behalf of the President, the Federal 

Government’s assistance to States and local governments whose 

citizens and communities are affected by disasters. Since 2003, 

when the agency was subsumed into DHS, FEMA’s ability to perform its emergency management mission and provide disaster assistance has deteriorated sharply. 

Congress has enacted changes on several occasions to bolster 

FEMA’s role within DHS, most comprehensively in the PostKatrina Emergency Management Reform Act of 2006 (Post-Katrina 

Act).1 These legislative solutions have not sufficiently improved 

FEMA’s ability to make independent and timely decisions, to exercise full authority and control over resources, and to successfully 

operate within the DHS structure as a distinct Federal entity responsible for emergency management. By removing FEMA from the 

deep and layered bureaucracy within DHS, H.R. 1174 restores 

FEMA as a nimble and effective agency capable of coordinating the 

entire Federal Government’s disaster response on behalf of the 

President. 

HISTORY OF FEMA

Prior to the creation of FEMA, disaster management functions 

were scattered across the Federal Government. Ad-hoc disaster 

programs were created in different departments and during disasters they operated in an uncoordinated, stove-piped fashion. FEMA 

was created on April 1, 1979, by Reorganization Plan No. 3 of 1978 

and Executive Order 12127. As President Carter stated when he 

proposed the agency: ‘‘For the first time, key emergency management and assistance functions would be unified and made directly 

accountable to the President and Congress’’.2 The agency was intended to function on an ‘‘all hazards’’ basis, combining preparedness, response, recovery, and mitigation functions from throughout 

the Federal Government. FEMA’s all hazards mission included natural disasters, terrorism, and Cold War civil defense preparedness. 

The all hazards approach served the agency well as it transitioned 

out of Cold War civil defense in the 1990s. In 1994, the provisions 

of the Federal Civil Defense Act of 1950 were incorporated into a 

new Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).3

FEMA functioned as an independent agency reporting directly to 

five Presidents from 1979 until 2003. During the Clinton Administration, the Director of FEMA,4 James Lee Witt, became a member 

of the President’s Cabinet. As an independent agency, FEMA responded to a wide range of natural and man-made disasters including Hurricane Andrew, the Northridge Earthquake, the 1993 Midwest floods, the 1995 bombing of the Alfred P. Murrah Federal 

Building in Oklahoma City, and both the 1993 and 2001 attacks on 


tjames on DSKG8SOYB1PROD with HEARING
16 

5 Christopher Cooper and Robert Block, Disaster Hurricane Katrina and the Failure of Homeland Security, (2006) at 76. 6 Homeland Security Act of 2002, Pub. L. No. 107–296, 116 Stat. 2135 (2002). 

7 Executive Order 13286 of February 28, 2003: Amendment to Executive Orders, and Other Actions, in Connection with the Transfer of Certain, 68 Fed. Reg. 10619 (March 5, 2003). 8 42 U.S.C. § 5121–5207. 

9 Email from Bruce Lindsay and Francis McCarthy, Congressional Research Service (December 8, 2009). 

the World Trade Center. FEMA was considered a successful government agency in its last ten years as an independent agency, 

under both President Clinton and President Bush. In fact, when 

DHS was proposed in 2002, FEMA was held up as a necessary core 

component of the Department.5 FEMA became part of the newlycreated DHS on March 3, 2003, pursuant to the Homeland Security 

Act of 2002.6 As a result, President Bush delegated to the Secretary of DHS the responsibility for administering most of the provisions of the Stafford Act and other FEMA authorities.7

FEMA PROGRAMS

FEMA’s primary authority in carrying out its preparedness, mitigation, response, and recovery functions is the Stafford Act.8

FEMA is best known for its programs that provide assistance to 

communities and citizens in the wake of a disaster. FEMA’s major 

programs for disaster recovery are the Public Assistance program 

and the Individual Assistance program. The Public Assistance program reimburses State and local emergency response costs and provides grants to State and local governments as well as certain private non-profit organizations to rebuild facilities. The Individual 

Assistance program provides assistance to families and individuals 

impacted by disasters, including housing assistance and disasterrelated dental, medical, and funeral costs. Additional assistance 

available under the Individual Assistance program includes unemployment assistance, disaster food stamps, disaster legal services, 

and crisis counseling. Both before and after disasters, FEMA also 

provides grants to communities to reduce the risk of future damage, hardship, and loss from all hazards through the Pre-Disaster 

Mitigation program and the (post-disaster) Hazard Mitigation 

Grant program, both authorized by the Stafford Act. 

In addition to the agency’s disaster work, the United States Fire 

Administration, the National Fire Academy, the Emergency Management Institute, the National Flood Insurance Program, and the 

Federal Government’s programs for continuity of operations and 

continuity of government are housed within FEMA. 

SIGNIFICANCE OF DISASTER RELIEF

While the September 11, 2001, terrorist attacks refocused our nation’s attention on the threat of terrorism and significantly changed 

our society, the most imminent threats to most communities 

around the country continue to be natural disasters. The nation 

still faces the same threats from fires, floods, tornadoes, hurricanes, and other disasters currently as before the events of September 11. 

In addition, disaster relief is a significant portion of the Federal 

budget. From fiscal years (FY) 2000 to 2009, Congress appropriated 

$83.41 billion for the Disaster Relief Fund in response to disasters 

and emergencies declared by the President under the Stafford Act.9


tjames on DSKG8SOYB1PROD with HEARING
17 

10 Email from FEMA (December 3, 2009). 11Property Casualty Insurers Association of America (November 2009). 12The Federal Emergency Management Agency’s Preparedness and Response to All Hazards, Before the Subcomm. on Economic Development, Public Buildings, and Emergency Management 

of the H. Comm. on Transportation and Infrastructure (2007). 13 Email from Shawn Reese, Congressional Research Service (November 24, 2009). 14Thomas A. Birkland, Disasters, Catastrophes and Policy Failure in the Homeland Security 

Era, 26 Review of Policy Research 429 (2009). 

In addition, the National Flood Insurance Program, administered 

by FEMA, paid over $27.6 billion in claims for flood damage during 

that same time.10 Over the past ten years, private insurance has paid more than $173 billion in claims for natural disasters.11 These 

amounts do not include funds spent in connection with the September 11 attacks. Therefore, about $284 billion was expended over 

the last decade in response to natural disasters. This does not 

count the costs borne by States, local governments, and private citizens. 

According to FEMA records, since 2000, the President has declared only two major disasters because of terrorist attacks, but declared more than 500 disasters because of natural hazards. Despite 

this fact, relatively few of the nation’s preparedness funds have 

been distributed for core all hazards preparedness but have been 

funneled instead to terrorism-specific activities. At an April 2007 

hearing of the Subcommittee on Economic Development, Public 

Buildings, and Emergency Management,12 witnesses identified the 

enormous disparity in funding between terrorism preparedness and 

emergency management preparedness. Between FY 2002 and FY 

2010, the Federal Government has appropriated 10 times more for 

terrorism preparedness ($21 billion) than for core emergency management preparedness ($2 billion).13

EFFECTIVE EMERGENCY MANAGEMENT

There are many elements of an effective emergency management 

system. These elements include the ability to respond quickly, effectively, and flexibly, as well as the ability to make quick decisions 

or provide information directly to key executive decision makers 

(e.g., the President, a Governor, or a Mayor). Emergency management is also a collaborative enterprise between local, State, and 

Federal agencies and officials. Emergency management is based on 

our Federal (as opposed to national) legal and political systems, 

whose authority resides predominately at the State and local 

level.14 Emergency management functions on the premise that all 

events begin at the local level and that States and the Federal Government provide support to those local efforts if and when the situation warrants. This approach distinguishes emergency management from homeland security, which is based on a more top-down, 

law enforcement model where the Federal Government is the lead 

in most areas, such as protecting our borders, immigration, and 

aviation security. 

Contemporary emergency management also employs an all hazards approach and integrates all phases of emergency management: preparedness, response, recovery and mitigation. An all hazards approach is based on the premise that communities do not 

need to prepare separately for each kind of threat, but as President 

Carter recognized when FEMA was created, it is best to work on 

an ‘‘all hazard basis to take advantage of the similarities in preVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
18 

15 H.R. Doc. No. 95–356, at 1129 (1978). 16FEMA’s Preparedness and Response to All Hazards, Before the Subcomm. on Economic Development, Public Buildings, and Emergency Management of the H. Comm. on Transportation 

and Infrastructure, 110th Cong. (2007). 17 H.R. Doc. No. 95–356, at 1129 (1978). 

paring for and responding to the full range of potential emergencies’’.15 The essential elements of preparedness, response, and 

recovery are the same regardless of the type of event. Whether a 

building collapses from a bomb, a pipeline explosion, or an earthquake, the rescue and the debris removal are the same. The evacuation of a community is largely the same whether due to a hurricane, a heightened threat of a terrorist attack, or a hazardous materials incident. While the specific assets needed to respond to each 

disaster will differ, the methods and systems to effectively manage 

a disaster are the same. Testimony from emergency managers and 

others before the Subcommittee on Economic Development, Public 

Buildings, and Emergency Management, has supported an all hazards approach as the best course for effective emergency management.16

Crisis management versus consequence management 

A distinction between the two phases of dealing with a terrorist 

event has evolved to distinguish between the roles of law enforcement and emergency management. These two phases are known as 

‘‘crisis management’’ and ‘‘consequence management’’. Under this 

construct, law enforcement agencies (e.g., the Federal Bureau of Investigation and now DHS) are responsible for crisis management, 

or preventing terrorist activity and the prosecution of those who 

carry it out. Crisis management is often called ‘‘prevention and protection’’. In this phase, dealing with terrorism is different than 

other threats our nation faces, and this is the focus of many other 

entities and agencies within DHS. It includes protecting our borders, our transportation systems, our communities, and our infrastructure, as well as working closely with other law enforcement 

and intelligence agencies. FEMA does not contribute materially to 

this prevention and protection mission. 

Conversely, emergency managers are responsible for consequence 

management, or preparedness, response, recovery, and mitigation, 

regardless of the cause of a particular incident, including a terrorist act. From its inception, FEMA was given a key role in the 

‘‘[c]oordination of preparedness and planning to reduce the consequences of major terrorist incidents’’.17 Consequence management entails planning for a wide range of hazards, regardless of 

cause, to ensure a community is prepared and able to mount an effective response and recovery effort when disaster strikes. 

This division of responsibilities worked well in the aftermath of 

the 1995 bombing of the Alfred P. Murrah Federal Building in 

Oklahoma City and both the 1993 and the 2001 attacks on the 

World Trade Center. FEMA responded to each of these events as 

an independent agency and used its all hazards authority under 

the Stafford Act. Therefore, prior experience indicates that no separate systems are needed to manage the consequences of a terrorist 

attack versus a natural disaster. 


tjames on DSKG8SOYB1PROD with HEARING
19 

18 H.R. Rep. 109–519 Part 2, at 21. 19The National Disaster Housing Strategy was due in July 2007 and was issued on Friday, 

January 16, 2009, the last business day of the Bush Administration. 20 6 U.S.C. § 772. 21Texas Residents Watch Hurricane Ike Debris Mount, National Public Radio: All Things Considered (December 9, 2008). 

FEMA’S PERFORMANCE IN DHS

Oversight conducted by the Committee on Transportation and Infrastructure since 2003 has shown how FEMA’s effectiveness deteriorated after FEMA was incorporated into DHS. Upon FEMA’s absorption into DHS, vacancies went unfilled and FEMA was reorganized three times from 2003 to 2005. Each reorganization resulted 

in a loss of programs and staff that were critical to FEMA’s all hazards mission.18

In the aftermath of the poor Federal response to Hurricanes 

Katrina and Rita in 2005, Congress enacted the Post-Katrina Act. 

This law attempted to enhance FEMA’s authority within DHS. 

While there has been some improvement, FEMA continues to lack 

the autonomy to function as a ‘‘distinct entity’’ within DHS, as required by law. This lack of autonomy has continued to hamper the 

agency’s performance. 

The nation witnessed the tragic consequences of the breakdown 

of FEMA operations during the inadequate Federal response to 

Hurricanes Katrina and Rita in 2005. Delays in the immediate response in the days following Hurricane Katrina left people stranded without food, water, or shelter and living in fear for their safety, 

their security, and their lives. To this day, many communities in 

Louisiana have still not recovered from these disasters, and continue to need public assistance, illustrating that the catastrophic 

response was followed by an ineffective recovery effort. 

While Katrina was the most significant and memorable example, 

other examples indicate FEMA’s performance continues to be deficient. The 2008 season was the first hurricane season of significance since Hurricanes Katrina and Rita in 2005. In the aftermath 

of Hurricane Ike in 2008, residents and communities in Texas experienced significant shortcomings in the delivery of recovery assistance. For example, FEMA was long delayed in developing the 

National Disaster Housing Strategy 19 to ensure a plan for safe and 

sanitary housing as required by Congress after Hurricane 

Katrina.20 Without the required planning completed, FEMA was 

unprepared, in the aftermath of Hurricane Ike, to meet the shortand long-term housing needs of the hundreds of thousands of victims who needed housing assistance. 

Debris removal operations were also slow to get underway, as 

noted publicly by the Governor of Texas and other public officials.21

Months after the disaster, critical debris removal operations had 

still not begun. This is contrasted with the debris removal operation at the World Trade Center site after the September 11, 2001, 

attacks, which occurred while FEMA was still an independent 

agency. According to FEMA, major debris removal operations for 

that disaster were completed on time and under budget. 


tjames on DSKG8SOYB1PROD with HEARING
20 

22 An Independent FEMA: Restoring the Nation’s Capabilities for Effective Emergency Management and Disaster Response, Before the H. Comm. on Transportation and Infrastructure (May 

14, 2009). 23 6 U.S.C. § 316(b)–(d). 24 H.R. Rep. 111–298 at 54. 

IMPEDIMENTS FACING FEMA IN DHS

Transfer of personnel and resources 

In addition to the transfer of functions and programs, upon 

FEMA’s incorporation into DHS, personnel were transferred from 

FEMA to other agencies within DHS and funds were cut and distributed elsewhere within the Department. The transfer of these 

funds has been referred to as ‘‘DHS taxes’’ within the Department. 

This approach left FEMA without its most seasoned and knowledgeable staff and bereft of funds and other resources needed for 

an effective response to Hurricane Katrina. For example, information provided to the Committee in response to questions from a 

hearing on an independent FEMA documented more than $200 million in ‘‘taxes’’ paid to DHS and a reduction of tens of millions of 

dollars in FEMA’s base budget.22 This resulted in hundreds of staff 

vacancies before Hurricane Katrina, as FEMA did not have the 

funds to pay for authorized positions. In addition, many of the personnel charged with overseeing FEMA had little or no experience 

in emergency management. 

Congress created a statutory ‘‘wall’’ around FEMA in the PostKatrina Act to prevent the transfer of resources out of FEMA.23

Unfortunately, this has not been sufficient to protect the agency 

from having DHS manage its resources. DHS, in its FY 2010 budget request, proposed to transfer 17 positions out of FEMA and into 

the Office of the Secretary. The FY 2010 Department of Homeland 

Security Appropriations Act transferred these positions.24

Shift in FEMA’s mission to terrorism 

Previous hearings and other information provided to the Committee have raised concerns that changes made by DHS to FEMA 

programs continue to shift FEMA’s mission from all hazards toward terrorism at the expense of natural disasters and other emergencies. For example, changes to two Federal grant programs that 

previously helped build basic emergency management and firefighting capabilities in communities around the country, Emergency Management Performance Grants (EMPG) and Fire Grants, 

illustrate this trend. 

Since FEMA became part of the Department, DHS has attempted 

to change the focus of EMPG to a terrorism preparedness program 

rather than its longstanding purpose of basic emergency management capacity building. For instance, DHS requires States and localities to agree to spend a portion of EMPG funds on DHS-mandated planning scenarios that are focused on terrorism. DHS also 

mandates that grants be sent through State homeland security officials (SAAs) rather than continuing the longstanding practice of 

providing funds directly to emergency managers. This trend continued in the President’s FY 2010 Budget request, which proposed 

that funding for the EMPG program be combined with terrorismspecific programs. 


tjames on DSKG8SOYB1PROD with HEARING
21 

25 15 U.S.C. § 2229. 26 6 U.S.C. § 316. 27Section 302 of the Stafford Act, 42 U.S.C. § 5143. 28 H.R. Report 109–519, Part 2 at 22. 29 6 U.S.C. § 319(c)(2); Consolidated Appropriations Act, 2008, Pub. L. No. 110–161, Division 

E, Title III, § 541, 121 Stat 2079 (2007); Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Pub. L. No. 110–329, Division D, Title V, § 526, 122 Stat 3686 

(2008). 

Concerns have also been raised about the Fire Grant program, 

which under its authorizing statute is designed to build and enhance basic firefighting capability and enhance firefighter safety in 

communities across the nation.25 However, under DHS, fire departments have been expected to show a nexus to terrorism to receive 

grants. Further, DHS budget requests, including the FY 2010 request, have attempted to prioritize certain aspects of the program 

to fund activities that have a nexus to terrorism and to focus funds 

on communities with a greater risk of terrorism. 

Reduction in FEMA’s decision-making power 

Quick decision-making and the flexibility to shift focus as events 

change are two fundamental hallmarks of successful emergency 

management. Without the authority to make final decisions, an 

agency cannot be effective. Within DHS, FEMA officials have had 

to run all decisions through the Secretary of Homeland Security. 

This chain of command has been used to make major decisions including announcements of major policy changes. Further, statements of DHS and FEMA officials have indicated that major decisions have been made or approved in the Office of the Secretary, 

notwithstanding the provisions of the Post-Katrina Act that make 

FEMA autonomous as a distinct entity.26 FEMA has also had to 

work through the Secretary to access non-FEMA Federal resources 

in a response effort. These impediments did not exist when FEMA 

was an independent agency, and raises concerns about the impact 

on the speed and flexibility of services that are provided to citizens 

and communities following a disaster. 

DHS duplicates capacities and functions of FEMA 

DHS has created separate and redundant functions under the direct control of the Secretary of DHS to perform functions that by 

law are the sole responsibility of FEMA. These are not only in contradiction to the law, but also to FEMA’s all hazards approach and 

the need for clear leadership and authority identified after Hurricane Katrina. A recurring example that stands to have a significant impact on response to a disaster is the appointment of Principal Federal Officials (PFOs). PFOs are an administrative creation 

of DHS. However, by law, the President, acting through FEMA, is 

authorized to appoint a Federal Coordinating Officer (FCO) to be 

the lead Federal official in response to major disasters and emergencies.27 The confusion regarding the roles of these different Federal officials and the resulting lack of clear authority was widely 

criticized as a factor in the failed response to Hurricane Katrina.28

As a result, Congress enacted several laws after Hurricane 

Katrina 29 that prohibited the Secretary from appointing PFOs in 

major disasters and emergencies. Notwithstanding these prohibitions, DHS has continued this structure. DHS has justified the appointment of a PFO by relying on Homeland Security Presidential 


tjames on DSKG8SOYB1PROD with HEARING
22 

30Memorandum of then-Secretary of Homeland Security Michael Chertoff, Pre-Designated 

Principal Federal Officials and Federal Coordinating Officers for the 2008 Hurricane Season 

(May 23, 2008). 31Decision Memorandum from Roger Rufe, Director of Office of Operations Coordination and 

Planning, to Secretary of Homeland Security, Employment and Activation of Field Teams for 

H1N1 Operations (June 4, 2009). 32 Id. at 5. 33Department of Homeland Security Appropriations Act, 2010, Pub. L. No. 111–83, § 522, 123 

Stat. 2172–2173 (2009). 34 An Independent FEMA: Restoring the Nation’s Capabilities for Effective Emergency Management and Disaster Response, Before the H. Comm. on Transportation and Infrastructure (May 

14, 2009) (Letter of Larry Gispert, Past President International Association of Emergency Managers dated Nov. 18, 2009). 35 6 U.S.C. § 313 and 6 U.S.C. § 314. 36 National Response Framework, (Jan. 2008) at 25, 54, and 55. 37 6 U.S.C. § 319(c). 38 Executive Order 13390 of November 1, 2005: Establishment of a Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, 70 Fed. Reg. 67327 (Nov. 4, 

2005). 

Directives (HSPDs), administrative documents created by the Bush 

Administration. These administrative provisions conflict with and, 

in some cases, have been superseded by subsequent laws. 

For example, DHS pre-designated individuals to serve as PFOs 

for disasters during the 2008 Hurricane season.30 More recently, 

the Committee obtained information that DHS planned to use 

PFOs and their support teams for a potential response to the H1N1 

virus.31 DHS did this even while acknowledging the statutory prohibitions and the intent of Congress.32 DHS attempted to avoid the 

statutory prohibition by changing the name of these teams to ‘‘Regional Coordination Teams’’. Recently, DHS acknowledged planning 

for an H1N1 pandemic was in violation of law and sought the Committee’s concurrence in waiving the prohibition on appointment of 

PFOs for pandemic flu. The Department expressed concerns about 

having to reposition and restructure teams already in place just before the potential outbreak of a pandemic. The FY 2010 Homeland 

Security Appropriations conference report included language granting a waiver from the statutory prohibition against appointment of 

PFOs for Fiscal Year 2010, provided the Secretary of Homeland Security complies with certain conditions.33

Another separate and redundant function is the Office of Operations Coordination which reports directly to the Secretary of DHS. 

This office is housed outside of FEMA, but has been given key response and preparedness responsibilities. Homeland Security Presidential Directive–5 (HSPD–5) was signed by President Bush on 

February 28, 2003 (three days before FEMA was incorporated into 

DHS). It provided that the Secretary of Homeland Security was in 

charge of ‘‘incident management’’ for the Federal Government. Incident management is commonly recognized to be an element of response, one of the four phases of emergency management.34 Therefore, Congress enacted subsequent laws that made it clear that 

FEMA was responsible for all phases of emergency management, 

and that those functions should be moved into FEMA.35 DHS justifies maintaining duplicate capabilities and responsibilities at the 

Office of Operations Coordination, outside of FEMA, by re-defining 

incident management as being separate from rather than a critical 

element of emergency management,36 notwithstanding specific 

statutory language that includes the incident management elements of response as part of FEMA.37

Similarly, the Office of the Federal Coordinator for Gulf Coast 

Rebuilding was created by President Bush in an Executive Order,38


tjames on DSKG8SOYB1PROD with HEARING
23 

39 6 U.S.C. § 313(c)(4). 40Department of Homeland Security Appropriations Act, 2010, Pub. L. No. 111–83, 123 Stat. 

2144 (2009). 41 Executive Order 13504 of February 20, 2009: Amending Executive Order 13390, 74 Fed. Reg. 

8431 (Feb. 24, 2009). Executive Order 13512 of September 29, 2009: Amending Executive Order 

13390, 74 Fed. Reg. 50911 (Oct. 2, 2009). 

and resides in DHS headquarters, not FEMA. Under the PostKatrina Act, the Administrator of FEMA is designated as the principal advisor to the President and the Secretary for ‘‘all matters related to emergency management’’, including recovery.39 Therefore, 

the duties for this DHS office should reside with the Administrator 

of FEMA. The office of Gulf Coast Rebuilding continues to exist in 

the office of the Secretary, and the FY 2010 budget proposed $2 

million for the office, including an increase in staff. The Fiscal Year 

2010 Department of Homeland Security Appropriations Act granted 

the office $2 million.40 The Executive Order for this office was set 

to expire on February 28, 2009; it has been extended twice by 

President Obama, first to September 30, 2009, and then to April 

1, 2010.41

SUMMARY OF THE LEGISLATION

Section 1. Short title; table of contents 

Section 1 designates the short title of the bill as the ‘‘FEMA 

Independence Act of 2009’’ and sets out the table of contents for the 

bill. 

Sec 2. Definitions 

Section 2 sets forth definitions for the following terms used in 

the bill: 

• Administrator—The term ‘‘Administrator’’ means the Administrator of FEMA. 

• Agency—The term ‘‘Agency’’ means the Federal Emergency 

Management Agency. 

• Emergency—The term ‘‘emergency’’ has the same meaning as 

that term has in section 102 of the Stafford Act. 

• Emergency Management—The term ‘‘emergency management’’ 

means preparedness for, response to, recovery from, and mitigation 

of hazards. 

• Hazard—The term ‘‘hazard’’ has the same meaning as that 

term has in section 602(b) of the Stafford Act. 

• Major Disaster—The term ‘‘major disaster’’ has the same 

meaning as that term has in section 102 of the Stafford Act. 

TITLE I—ESTABLISHMENT OF FEDERAL EMERGENCY 

MANAGEMENT AGENCY 

Sec. 101. Establishment of independent agency 

Subsection (a) of section 101 establishes FEMA as a cabinetlevel, independent agency. 

Subsection (b) provides that the primary mission of the agency 

is reducing the loss of life and property, and protecting the nation 

from hazards by leading and supporting a comprehensive emergency management system of preparedness, response, recovery, and 

mitigation. 


tjames on DSKG8SOYB1PROD with HEARING
24 

Sec. 102. Administrator; deputy administrator; and other officials of 

the agency 

Subsection (a) of section 102 requires FEMA to be headed by an 

Administrator, appointed by the President with the advice and consent of the Senate. The Administrator shall have extensive experience in emergency preparedness, response, recovery, and mitigating hazards. 

Subsection (b) establishes the position of Deputy Administrator 

who shall also have extensive experience in emergency preparedness, response, recovery, and mitigation from hazards. 

Subsection (c) establishes six Assistant Administrators appointed 

by the Administrator with duties determined by the Administrator. 

Each Assistant Administrator shall have demonstrated ability in 

and knowledge of emergency management or other fields related to 

their position. 

Subsection (d) establishes 10 FEMA regional offices, consistent 

with the current 10 regional offices of the Agency. Each regional 

office shall be headed by a Regional Administrator who is appointed by the Administrator. The Regional Administrators shall 

have demonstrated ability in and knowledge of emergency management as well as familiarity with the geographical area and demographic characteristics of the population served by the Regional Office. 

Subsection (e) authorizes an Area Office for the Pacific, an Area 

Office for the Caribbean, and an Area Office in Alaska as components in the appropriate Regional Offices. These offices currently 

exist as part of FEMA’s regional office structure. The Area Office 

for the Pacific is located in Honolulu, Hawaii; the Area Office for 

the Caribbean is located in San Juan, Puerto Rico; and the Area 

Office for Alaska is located in Anchorage, Alaska. The Committee 

expects that these offices will remain in Hawaii, Puerto Rico, and 

Alaska. 

Sec. 103. Authority and responsibilities 

Subsection (a) of section 103 provides that FEMA will lead the 

Federal Government’s efforts to prepare for, respond to, recover 

from, and mitigate hazards. 

Subsection (b) provides that the Administrator shall assist the 

President in carrying out the functions under the Stafford Act and 

shall carry out all the functions and authorities given to the Administrator by this bill. 

Subsection (c) spells out the mission of the agency in mitigation, 

preparedness, response, and recovery. 

Subsection (d) provides for the duties of the agency in managing 

the Federal response to hazards. FEMA is charged with coordinating the Federal Government’s response to hazards, building a 

comprehensive national incident management system, administering the National Response Plan, and helping to ensure the acquisition of operable and interoperable communications by Federal, 

State, local and tribal governments and emergency response providers. 

Subsection (e) provides that the Administrator is responsible for 

the Federal Government’s programs for continuity of operations, 

continuity of government, and continuity of plans. 


tjames on DSKG8SOYB1PROD with HEARING
25 

Subsection (f) describes additional duties of the Administrator including: coordinating the National Advisory Council authorized by 

this bill; maintaining and operating the National Response Coordination Center; developing and maintaining a national emergency 

management system; and supervising the Agency’s grant programs. 

Subsection (g) requires that, in carrying out the responsibilities 

under this section, the Administrator shall use an all hazards approach. 

Sec. 104. Office of the Inspector General 

Section 104 re-establishes the FEMA Office of Inspector General. 

Sec. 105. Transfer of functions 

Subsection (a) of section 105 provides for the transfer to the Administrator of FEMA all functions of the Agency including, all functions of FEMA as of January 1, 2009, continuity of operations and 

continuity of government, and any function that was required to be 

transferred to the Agency by the Post-Katrina Act that has not yet 

been transferred. 

The functions also include all of the functions of the Agency 

under current law, including carrying out the following: 

• The Robert T. Stafford Disaster Relief and Emergency Assistance Act; 

• The National Flood Insurance Act of 1968; 

• The Earthquake Hazards Reduction Act; 

• The National Dam Safety Program Act; 

• The Federal Fire Prevention and Control Act; 

• Reorganization Plan No. 3 of 1978; 

• Section 612 of the Security and Accountability For Every 

Port Act of 2006; and 

• Title III of the McKinney-Vento Homeless Assistance Act. 

Subsection (b) requires the transfer to the Inspector General of 

FEMA all of the functions relating to the Office of the Inspector 

General that were transferred from FEMA to DHS on or after January 1, 2003. 

Subsection (c) provides that the following functions shall not be 

affected by H.R. 1174 and shall remain within DHS: 

• The transit security grant program authorized by section 

1406 of the Implementing Recommendations of the 9/11 Commission Act (6 U.S.C. § 1135); 

• The freight rail security grant program authorized by section 1513 of the Implementing Recommendations of the 9/11 

Commission Act (6 U.S.C. § 1163); 

• The intercity rail passenger program authorized by section 

1513 of the Implementing Recommendations of the 9/11 Commission Act (6 U.S.C. § 1163); 

• The intercity bus security grant program authorized by 

section 1532 of the Implementing Recommendations of the 9/ 

11 Commission Act (6 U.S.C. § 1182); 

• The port security grant program authorized by section 

70107 of title 46, United States Code; 

• The prevention and protection components of the Urban 

Area Security Initiative, authorized by section 2003 of the 

Homeland Security Act (6 U.S.C. § 604); 


tjames on DSKG8SOYB1PROD with HEARING
26 

• The prevention and protection components of the State 

Homeland Security Grant program, authorized by section 2004 

of the Homeland Security Act (6 U.S.C. § 605); • The trucking security grant program (P.L. 110–329; 122 

Stat. 3671); • The buffer zone protection program (P.L. 110–329; 122 

Stat. 3672); and • The commercial direct equipment direct assistance program (P.L. 110–329; 122 Stat. 3672). 

Urban areas will continue be eligible to receive funding for preparedness and response activities that are components of the 

Urban Areas Search Initiative (UASI) program as in effect prior to 

the changes made by this subsection through a new federal grant 

program, the Urban All Hazards Preparedness Program, authorized by section 206 of H.R. 1174. States will be eligible to receive 

funding for the preparedness activities funded through State 

Homeland Security Grant Program (SHSGP) prior to the changes 

made by this subsection through the EMPG program (6 U.S.C. 

§ 762). 

Subsection (d) provides that nothing in this Act shall be construed to affect the appointment of the United States Fire Administrator or the Federal Insurance Administrator. 

Subsection (e) provides that transitions required under this Act 

shall take place not later than 120 days from the date of enactment 

of this Act. 

Subsection (f) provides that the Administrator may use services 

of the DHS in carrying out the transfers required under this act 

and may use funds appropriated to such functions to carry out the 

transfer for such a period of time as may reasonably be needed to 

carry out the transfers. 

Subsection (g) creates a liaison office to ensure coordination with 

the Department of Homeland Security. 

Sec. 106. Personnel and other transfers 

Subsection (a) of section 106 authorizes the Administrator to appoint officers and employees and obtain services of experts and consultants. This provision does not affect the authority of the Administrator to appoint temporary personnel, experts, and consultants 

under section 306(b) of the Stafford Act. 

Subsection (b) allows the Administrator to delegate functions except as prohibited by law. 

Subsection (c) allows the Administrator to conduct reorganizations provided that the Administrator provides appropriate notice 

to Congress, at least 30 days written notice in advance of the reorganization. 

Subsection (d) authorizes the Administrator to promulgate rules 

and regulations. 

Subsection (e) authorizes the transfer and allocation of personnel 

and appropriations to an independent FEMA. 

Subsection (f) authorizes the Director of the Office of Management and Budget to conduct incidental transfers to implement the 

transfer provisions of this bill. 

Subsection (g) provides that except as provided by this Act, 

transfers of personnel shall not affect compensation or cause employees to be separated for one year. Individuals holding executive 


tjames on DSKG8SOYB1PROD with HEARING
27 

schedule positions shall be compensated at not less than the rate 

of their previous position for the duration of the service in their 

new position. 

Sec. 107. Savings provisions 

Subsection (a) of section 107 provides that existing legal documents, proceedings, lawsuits, and administrative actions shall be 

continued and shall not be affected by the transfers authorized by 

H.R. 1174. 

Subsection (b) clarifies that references to departments, agencies 

or offices, or the heads of those entities, affected by the transfers 

authorized by this bill shall be deemed to refer to the department, 

agency, or office where such a function is transferred. 

Sec. 108. Offices and functions of the Department of Homeland Security 

Subsection (a) of section 108 amends section 512(c) of the Homeland Security Act (6 U.S.C. § 321a(c)), which authorizes certain activities for the SHSGP and the UASI programs, as amended by this 

Act. As these programs will no longer be administered by FEMA, 

this provision clarifies that the Secretary of Homeland Security will 

administer section 512(c). 

Subsection (b) maintains the existing Assistant Secretary of 

Homeland Security for Cybersecurity and Communications in DHS. 

This subsection removes emergency management functions from 

the National Operations Center in DHS as those functions will now 

be in FEMA, and makes it clear that the DHS operations center 

shall not be provided any authority that overlaps with FEMA, except to the extent necessary to coordinate activities or information 

with FEMA. 

Subsection (c) amends section 516 of the Homeland Security Act 

(6 U.S.C. § 321(e)) to clarify the homeland security role of the Chief 

Medical Officer of DHS. This subsection also adds FEMA to the list 

of agencies the Chief Medical Officer coordinates with on behalf of 

DHS. 

Subsection (d) repeals provisions of the Homeland Security Act 

relating to FEMA as FEMA is no longer a component of DHS. This 

includes section 505(b) of the Homeland Security Act, which listed 

entities that were not to be transferred to FEMA in 2007. As those 

entities are not included in the transfers made by section 105 of 

this bill, this language is no longer necessary. 

Subsection (e) redesignates sections of the Homeland Security 

Act to reflect the repeals in subsection (d). 

Subsection (f) amends the title heading to Title V of the Homeland Security Act to reflect changes made by H.R. 1174. 

Subsection (g) amends the table of contents of the Homeland Security Act to reflect the changes made by subsections (d) and (e). 

Sec. 109. Homeland security grants 

Section 109 makes changes to UASI and SHSGP by removing the 

preparedness and response elements of these programs. This section provides the changes necessary to transfer the preparedness 

and response elements of these programs into FEMA. 

Subsection (a) removes the preparedness and response elements 

of UASI as authorized under current law. These elements will be 


tjames on DSKG8SOYB1PROD with HEARING
28 

administered by FEMA, and urban areas will be eligible for grant 

funds through the new Urban Areas All Hazards Preparedness 

Grant Program created by section 206 of this Act. 

Subsection (b) removes the preparedness and response elements 

of SHSGP as authorized under current law. These aspects will be 

administered by FEMA on an all hazards basis and States will be 

eligible for grant funds through the EMPG Program (6 U.S.C. 

§ 762). 

Subsection (c) makes conforming amendments to remove preparedness and response from section 2005(h) of the Homeland Security Act (6 U.S.C. § 606), which allows grants to be made directly 

to eligible tribes under SHSGP. 

Subsection (d) makes conforming amendments to remove preparedness and response from a provision in section 2006 of the 

Homeland Security Act (6 U.S.C. § 607), which stipulates that 25 

percent of the funds for UASI and SHSGP are to be used for terrorism prevention activities. 

Subsection (e) makes conforming amendments to remove preparedness and response from section 2007 of the Homeland Security Act (6 U.S.C. § 608), which prioritizes the allocation of funds 

for UASI and SHSGP for areas with high risk of terrorist attack. 

Subsection (f) makes conforming amendments to remove preparedness and response from section 2008 of the Homeland Security Act (6 U.S.C. § 609), which provides for the authorized uses of 

funds under UASI and SHSGP. 

Subsection (g) makes conforming amendments to section 2021 of 

the Homeland Security Act (6 U.S.C. § 611), which provides for regional coordination of funds for programs that will no longer be administered by FEMA, including the elements of UASI and SHSGP 

remaining in DHS. 

Subsection (h) makes conforming amendments to section 2022 of 

the Homeland Security Act (6 U.S.C. § 612), which provides accountability of funds for programs that will no longer be administered by FEMA, including the elements of UASI and SHSGP remaining in DHS. 

Subsection (i) makes additional conforming amendments to Title 

XX of the Homeland Security Act, as the programs authorized by 

this title will no longer be administered by the Administrator of 

FEMA. Currently, FEMA administers all grants for DHS, including 

UASI and SHSGP. 

Sec. 110. Additional conforming amendments to Homeland Security 

Act of 2002 

Section 110 provides for additional conforming amendments to 

the Homeland Security Act of 2002. 

Subsection (a) amends section 101 of the Homeland Security Act 

(6 U.S.C. § 111) to reflect changes to the mission of DHS made by 

this bill. 

Subsection (b) amends section 102 of the Homeland Security Act 

(6 U.S.C. § 112) to reflect changes to the functions of the Secretary 

of DHS made by this bill. In addition, new language is added clarifying that the role of the Secretary of Homeland Security may not 

be construed to interfere with the role of the Administrator of 

FEMA. 


tjames on DSKG8SOYB1PROD with HEARING
29 

Subsection (c) amends section 103 of the Homeland Security Act 

(6 U.S.C. § 113) to remove the Administrator of FEMA from the list 

of officers of DHS. 

Subsection (d) amends section 214(g) of the Homeland Security 

Act (6 U.S.C. § 133(g)) to clarify that the authority to issue warnings under that section shall not be construed to limit or otherwise 

affect the authority of the President or the Administrator of FEMA 

under section 202 of the Stafford Act. 

Subsection (e) amends section 223 of the Homeland Security Act 

(6 U.S.C § 143) by replacing ‘‘Under Secretary for Emergency Preparedness and Response’’ with ‘‘Administrator of the Federal Emergency Management Agency’’ each place it appears. The position of 

‘‘Under Secretary for Emergency Preparedness and Response’’ was 

abolished by the Post-Katrina Act. 

Subsection (f) amends Title II of the Homeland Security Act (6 

U.S.C. § 121 et seq.) by adding a new Subtitle E ‘‘Consultation with 

Federal Emergency Management Agency’’ and two new sections. 

These amendments require the Secretary of DHS, in carrying out 

Title II, to consult, as appropriate, with the Administrator of 

FEMA; and clarify that nothing in Title II may be construed to 

limit or otherwise affect the authority of the Administrator of 

FEMA. 

Subsection (g) repeals section 430 of the Homeland Security Act 

(6 U.S.C. § 238). This section relates to the Office of Domestic Preparedness. This office became part of FEMA in 2007 in accordance 

with the Post-Katrina Act. 

Subsection (h) amends section 707 of the Homeland Security Act 

(6 U.S.C. § 347), which authorizes the Quadrennial Homeland Security Review by requiring the Secretary to consult with the Administrator of FEMA. The section is also amended by removing references to the National Response Plan and preparedness activities 

that are no longer the responsibilities of DHS under the amendments made by this Act. 

Subsection (i) amends section 887 of the Homeland Security Act 

(6 U.S.C. § 467) to ensure that the Secretary of DHS and the Secretary of the Department of Health and Human Services coordinate 

with the Administrator of FEMA on matters related to public 

health emergencies. 

Subsection (j) amends section 903(a) of the Homeland Security 

Act (6 U.S.C. § 493(a)) by adding the Administrator of FEMA to the 

membership of the National Homeland Security Advisory Council. 

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

Section 111 makes conforming amendments to the Post-Katrina 

Act to reflect changes made by H.R. 1174. Many of these technical 

changes remove references to DHS, which will no longer have responsibility for these provisions. 

Subsection (a) amends section 624 of the Post-Katrina Act (6 

U.S.C. § 711), which addresses surge capacity force. 

Subsection (b) amends section 640(a) of the Post-Katrina Act (6 

U.S.C. § 727(a)), which addresses information technology. 

Subsection (c) amends section 641 of the Post-Katrina Act (6 

U.S.C. § 741), which sets forth definitions. 


tjames on DSKG8SOYB1PROD with HEARING
30 

Subsection (d) amends section 651 of the Post-Katrina Act (6 

U.S.C. § 751), which addresses Federal response capability. 

Subsection (e) amends section 653 of the Post-Katrina Act (6 

U.S.C. § 753) regarding Federal preparedness. 

Subsection (f) amends section 624 of the Post-Katrina Act (6 

U.S.C. § 771), which addresses the National Disaster Recovery 

Strategy. 

Subsection (g) amends section 689(d) of the Post-Katrina Act (6 

U.S.C. § 773(a)), which addresses disaster relief and individuals 

with disabilities. 

Subsection (h) amends section 692 of the Post-Katrina Act (6 

U.S.C. § 792), which provides limitations on subcontracting. 

Subsection (i) amends section 695 of the Post-Katrina Act (6 

U.S.C. § 794), which addresses contracting. 

Sec. 112. Conforming and technical amendments to other laws 

Subsection (a) of section 112 makes conforming amendments to 

the Chief Financial Officers Act to reflect the addition of a Chief 

Financial Officer at FEMA. 

Subsection (b) makes conforming amendments to the Inspector 

General Act to reflect the addition of an Inspector General at 

FEMA. 

Subsection (c) makes technical corrections to the Stafford Act to 

change references from ‘‘Director’’ to ‘‘Administrator’’, reflecting the 

change in the title for the head of FEMA that took effect on April 

1, 2007. 

Sec. 113. Changes to administrative documents 

Section 113 requires the President, within 180 days of the date 

of enactment, to amend HSPD–5, Homeland Security Presidential 

Directive 8 (HSPD–8), and similar administrative documents to reflect changes made by H.R. 1174. The Committee is concerned that 

these documents have not been amended to reflect changes in law 

enacted in the Post-Katrina Act. 

Sec. 114. Recommended legislation 

Subsection (a) of section 114 requires the Administrator to prepare recommended legislation containing additional technical and 

conforming amendments to reflect the changes made by this bill no 

later than 90 days after the transition period; the transition period 

is 120 days after the date of enactment of this Act. 

Subsection (b) requires the Administrator to submit a report to 

Congress on any recommended legislation. 

TITLE II—RELATED MATTERS 

Sec. 201. National Advisory Council 

Section 201 provides that the Administrator shall continue to 

maintain the National Advisory Council and provides for its responsibilities and membership. 

Subsection (a) maintains the National Advisory Council to ensure 

effective and ongoing coordination of Federal preparedness, response, recovery, and mitigation for hazards. 

Subsection (b) authorizes the National Advisory Council to advise 

the Administrator on all aspects of emergency management. 


tjames on DSKG8SOYB1PROD with HEARING
31 

Subsection (c) provides for the membership of the National Advisory Council. 

Subsection (d) provides that the Federal Advisory Committee Act 

(5 U.S.C. App.) shall apply to the National Advisory Council; however, the termination provisions under section 14(a)(2) of the Act 

shall not apply. 

Sec. 202. National Integration Center 

Subsection (a) of section 202 provides that the National Integration Center (NIC) is established in FEMA. 

Subsection (b) provides for the responsibilities of the NIC, including the ongoing management and maintenance of the National Incident Management System and the National Response Plan. 

Subsection (c) requires the Administrator to ensure that the National Response Plan provides for a clear chain of command to coordinate the Federal response to any hazard. This subsection also 

abolishes the position of Principal Federal Official. 

Sec. 203. Credentialing and typing 

Subsection (a) of section 203 requires the Administrator to continue to implement a memorandum of understanding to develop 

standards for deployment capabilities, including for credentialing 

and typing of incident management personnel, emergency response 

providers, and other personnel and resources likely needed to respond to hazards. 

Subsection (b) requires the Administrator to provide such standards to each Federal agency with responsibilities under the National Response Plan, and to State, local and tribal governments. 

Subsection (c) requires each Federal agency with responsibilities 

under the National Response Plan to ensure that Federal incident 

management personnel, emergency response providers, and other 

personnel and resources likely needed to respond to hazards are 

credentialed and typed in accordance with this section. 

Subsection (d) requires that standards for credentialing health 

care professionals shall be done in consultation with the Secretary 

of Heath and Human Services. 

Subsection (e) defines the term credentialing for the purposes of 

this section. 

Sec. 204. Disability coordinator 

Subsection (a) of section 204 requires the Administrator to appoint a Disability Coordinator. This position currently exits within 

FEMA. 

Subsection (b) requires the Administrator to consult with organizations representing individuals with disabilities, the National 

Council on Disabilities, and the Interagency Coordinating Council 

on Preparedness and Individuals with Disabilities prior to the appointment of a Disability Coordinator. 

Subsection (c) permits the existing Disability Coordinator on the 

date of enactment of this Act to continue to serve in the position, 

at the discretion of the Administrator. 


tjames on DSKG8SOYB1PROD with HEARING
32 

Sec. 205. Nuclear incident response 

Subsection (a) of section 205 maintains existing authority for the 

Administrator of FEMA to operate the Nuclear Incident Response 

Team as an element of FEMA. 

Subsection (b) clarifies that the responsibilities of the Secretary 

of Energy and the Administrator of the Environmental Protection 

Agency with respect to their respective entities in the Nuclear Incident Response Team are not limited by this section. 

Sec. 206. Urban area all hazards preparedness grant program 

Section 206 amends the Stafford Act to create, under section 617 

of the Stafford Act, a new all hazards preparedness program for 

urban areas. This program will replace the preparedness and response components of the UASI program. Specifically, the new section 617 of the Stafford Act contains the following subsections: 

Subsection (a) of section 206 establishes the all hazards nature 

of the program. 

Subsection (b) establishes eligibility to include the 100 most populous metropolitan statistical areas and other additional urban 

areas as determined by the Administrator of FEMA. 

Subsection (c) requires the Administrator, not later than 30 days 

before applications are accepted, to notify the chief elected official 

of each eligible urban area and the Governor of the State containing the urban area of the eligibility of the urban area for a 

grant, as well as grant application procedures and award criteria. 

The same notifications shall be published in the Federal Register 

not less than 15 days before the Administrator accepts applications. 

Subsection (d) requires the application of an urban area to demonstrate that the urban area will use funds to develop or implement activities that support the emergency management goals of 

the State, and the State has reviewed the application. 

Subsection (e) provides for the allocation of funds for the program. The Administrator shall allocate funds to States in which 

each urban area is located by formula based on the population of 

each eligible urban area, its relative level of risk to any hazard, 

and other factors. Each eligible urban area will receive a minimum 

allocation, to be determined by the Administrator. The program 

funds shall be distributed through the State, and not later than 45 

days after the State receives a grant. Eighty percent of the grant 

must be distributed to the urban area. Any funds retained by the 

State must be used on eligible items that benefit the urban area 

and the State must provide an accounting for any funds it retains. 

If an urban area is located in two or more states, the Administrator 

shall distribute the funds to each State as the Administrator deems 

appropriate. 

Subsection (f) provides that the eligible uses for grant awards 

shall be determined by the Administrator but shall include: planning; purchase and maintenance of equipment; training; exercises; 

and management and administration. 

Subsection (g) requires the Administrator to promulgate regulations to implement this program within 180 days of the date of enactment. 


tjames on DSKG8SOYB1PROD with HEARING
33 

Subsection (h) authorizes appropriations of $525 million for FY 

2010; $575 million for FY 2011; and $650 million for FY 2012 for 

the program. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 109th Congress, several bills were introduced to restore 

FEMA to an independent, cabinet-level agency. Then-Ranking 

Member James L. Oberstar introduced two bills: H.R. 3659, a bill 

to re-establish FEMA as an independent establishment in the executive branch, and H.R. 4493, the ‘‘Federal Emergency Management 

Restoration Act’’. In addition, the following bills were introduced to 

establish FEMA as an independent agency: H.R. 3656, H.R. 3685, 

H.R. 3816, H.R. 5316, S. 1615, and S. 2302. On May 17, 2006, the 

Committee on Transportation and Infrastructure ordered H.R. 

5316, as amended, reported favorably to the House by voice vote. 

Some provisions of H.R. 5316 were incorporated into the PostKatrina Emergency Management Reform Act of 2006. 

In the 111th Congress, Chairman James L. Oberstar introduced 

H.R. 1174, the ‘‘FEMA Independence Act of 2009’’ on February 25, 

2009. On May 14, 2009, the Committee on Transportation and Infrastructure held a hearing, entitled ‘‘An Independent FEMA’’, on 

FEMA independence and H.R. 1174. On November 5, 2009, the 

Committee on Transportation and Infrastructure met in open session to consider H.R. 1174. The Committee ordered H.R. 1174, as 

amended, reported favorably to the House by voice vote with a 

quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. During consideration of H.R. 1174, the Committee adopted an amendment in the 

nature of a substitute to the bill. There were no recorded votes 

taken in connection with consideration of H.R. 1174, or ordering 

H.R. 1174, as amended, reported. A motion to order H.R. 1174, as 

amended, reported favorably to the House was agreed to by voice 

vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 


tjames on DSKG8SOYB1PROD with HEARING
34 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objective of this legislation is to re-establish the Federal Emergency Management Agency as an independent, cabinet-level agency 

reporting directly to the President. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 1174, as amended, from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, December 11, 2009. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1174, the FEMA Independence Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

H.R. 1174—FEMA Independence Act of 2009 

Summary: H.R. 1174 would remove the Federal Emergency Management Agency (FEMA) from the Department of Homeland Security (DHS) and make it a cabinet-level agency. Under the bill, most 

of FEMA’s current responsibilities would be transferred from DHS 

to the agency within 120 days of enactment. Several grant programs that FEMA currently administers would remain with DHS. 

H.R. 1174 would authorize the appropriation of $1.75 billion over 

the 2010–2012 period for an urban area all-hazards preparedness 

grant program. In addition, CBO estimates that appropriations totalling about $100 million over the next five years would be necessary for FEMA to operate independently from DHS and to establish a separate office of Inspector General (IG). Assuming appropriation of the necessary and specified amounts, CBO estimates 

that implementing H.R. 1174 would cost $1.1 billion over the 2010– 

2014 period. Enacting this legislation would not affect direct spending or revenues. 

H.R. 1174 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary impact of H.R. 1174 is shown in the following table. The costs 


tjames on DSKG8SOYB1PROD with HEARING
35 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Urban Area All-Hazard Preparedness Grants 

Authorization Level .................................................. 525 575 650 0 0 1,750 

Estimated Outlays ................................................... 0 45 190 385 390 1,010 

FEMA Administrative Expenses 

Estimated Authorization Level ................................. 0 24 25 26 26 101 

Estimated Outlays ................................................... 0 24 25 25 26 100 

Total Changes 

Authorization Level .................................................. 525 599 675 26 26 1,851 

Estimated Outlays ................................................... 0 69 215 410 416 1,110 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the middle of calendar year 2010 and 

that the amounts specified and estimated to be necessary will be 

appropriated for each year. CBO estimates that implementing H.R. 

1174 would cost about $1.1 billion over the next five years. This 

amount includes expenditures for programs for which the legislation would explicitly authorize appropriations, but does not include 

the ongoing costs of other FEMA programs, such as disaster relief, 

which would continue whether or not FEMA became an independent agency. 

FEMA’s mission and responsibilities 

H.R. 1174 would establish FEMA as a separate entity from DHS. 

In 2002, the Congress moved FEMA (which had previously been an 

independent agency) under the Directorate of Emergency Preparedness and Response within DHS. In 2006, the Congress required 

that FEMA instead report directly to the Secretary of DHS, rather 

than through the Preparedness Directorate, and authorized the Administrator of FEMA to report directly to the President in the 

event of a disaster. Under the bill, FEMA would be an independent, cabinet-level agency. 

Under H.R. 1174, the primary mission and responsibilities of 

FEMA would essentially remain unchanged (although it is unclear 

whether certain changes in the statute would affect the activities 

FEMA and DHS undertake, particularly as they relate to acts of 

terrorism). Under current law, FEMA’s primary responsibilities are 

to prepare for, protect against, respond to, and aid in the recovery 

of all types of disasters, including natural disasters, acts of terrorism, and other man-made disasters. Most of the spending for 

these activities comes from the Disaster Relief Fund. Spending 

from the fund totalled about $63 billion over the past five years, 

more than half of which occurred in response to the 2005 Gulf 

Coast hurricanes. In addition, FEMA manages the National Flood 

Insurance Program, the U.S. Fire Administration, and a number of 

security-related grant programs. Under the bill, most of these functions would remain with FEMA. DHS would retain authority over 

certain other programs concerned with preparing for and protecting 

against acts of terrorism, including the State Homeland Security 

Program (SHSP) and the Urban Area Security Initiative (UASI); 

however funding for these programs retained by DHS could no 


tjames on DSKG8SOYB1PROD with HEARING
36 

longer be used to respond to natural disasters. In addition, the bill 

would remove other functions related to disaster recovery from the 

responsibilities of DHS. 

Urban area all-hazard preparedness grants 

H.R. 1174 would authorize appropriations totalling $1.75 billion 

over the 2010–2012 period for FEMA to establish an urban area 

all-hazards grant program. The program would provide states with 

funding to enhance the preparedness of urban areas through purchase and maintenance of equipment, planning, training, and exercises. Funds would be allocated to states based on risk, population, 

and other factors identified by FEMA. 

For 2010, the Congress provided $1.8 billion to FEMA for SHSP 

and UASI, which may be used for similar purposes (see Public Law 

111–83). The Congress also authorized the appropriation of $4.4 

billion for fiscal years 2011 and 2012 and such sums as may be 

necessary thereafter, for both programs (see Public Law 110–53). 

Because SHSP and UASI would remain within DHS, CBO assumes 

that there would be no change to the amounts already appropriated 

or authorized to be appropriated under this legislation. 

Based on the historical spending patterns of similar grant programs operated by FEMA, CBO estimates that implementing this 

provision would cost $1.0 billion over the next five years, assuming 

appropriation of the specified funds, with the remainder of the 

$1.75 billion total spent after 2014. 

FEMA administrative expenses 

CEO estimates that new senior positions would be needed to 

manage an independent FEMA. Additional staff also would be necessary to provide support—for example, in acquisitions, information 

technology, and human resources—that would have been provided 

by DHS or shared across several agencies. Currently, FEMA has 

more than 3,700 full time employees and 4,000 standby disaster assistance employees located in the Washington Metropolitan area 

and throughout the 10 regions of the country. DHS has more than 

225,000 employees across a variety of agencies and functions. CBO 

estimates that additional expenses for salaries and benefits, space, 

equipment, and other costs related to operating as an independent 

agency would total roughly $6 million annually beginning in 2011. 

If the agency were to reorganize, consolidate its employees, or acquire a new headquarters, these costs would be significantly higher, though this bill does not include a specific authorization for that 

purpose. 

H.R. 1174 also would authorize FEMA to establish an Inspector 

General office (IG). We assume that the new office would be larger 

in size and scope than the office operated by FEMA prior to 2003. 

(In 2002, FEMA’s IG office had a budget of $10 million.) Based on 

the expenditures of the DHS IG office, including the Office of 

Emergency Management Oversight, CBO estimates that the new 

office would add nearly $20 million annually to the agency’s administrative costs, beginning in 2011. 

All told, assuming appropriation of the necessary funds, CBO estimates that the operation of an independent FEMA, including a 

separate IG office, would cost $100 million over the 2010–14 period. 


tjames on DSKG8SOYB1PROD with HEARING
37 

Intergovernmental and private-sector impact: H.R. 1174 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. Assuming appropriation of the authorized amounts, state 

and local governments would receive about $1 billion over fiscal 

years 2010 through 2014 to prepare for disasters. Any costs to 

those governments would be incurred voluntarily as a condition of 

receiving federal assistance. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits, 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. H.R. 1174, as amended, does not 

contain any earmarks, limited tax benefits, or limited tariff benefits under clause 9(e), 9(f), or 9(g) of rule XXI. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(P.L. 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 1174, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

This legislation authorizes the continuation of an advisory committee as defined by section 3 of the Federal Advisory Committee 

Act: the National Advisory Council. The National Advisory Council 

is a standing Committee to advise the Administrator of FEMA on 

all aspects of emergency management. The Committee determines 


tjames on DSKG8SOYB1PROD with HEARING
38 

that the National Advisory Council has a clearly defined purpose, 

fairly balanced membership, and meets all of the other requirements of section 5(b) of the Federal Advisory Committee Act. Further, the legislation clarifies that the Federal Advisory Committee 

Act shall apply to the National Advisory Council, except for section 

14(a)(2) of such Act, regarding a termination date for the Council. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART I—THE AGENCIES GENERALLY 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART D—PAY AND ALLOWANCES 

* * * * * * * 

CHAPTER 53—PAY RATES AND SYSTEMS 

* * * * * * * 

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES 

* * * * * * * 

§ 5312. Positions at level I 

Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: 

Secretary of State. 

* * * * * * * 


tjames on DSKG8SOYB1PROD with HEARING
39 

Administrator of the Federal Emergency Management Agency. 

§ 5313. Positions at level II 

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Deputy Secretary of Defense. 

* * * * * * * 

øAdministrator of the Federal Emergency Management 

Agency.¿ 

§ 5314. Positions at level III 

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Solicitor General of the United States. 

* * * * * * * 

øDeputy Administrators, Federal Emergency Management 

Agency.¿ 

Deputy Administrator, Federal Emergency Management 

Agency. 

* * * * * * * 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

* * * * * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

* * * * * * * 

Subtitle E—Consultation With Federal Emergency Management Agency 

Sec. 241. Duty to consult. 

Sec. 242. Limitation on statutory construction. 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

øSec. 430. Office for Domestic Preparedness.¿ 

* * * * * * * 

øTITLE V—NATIONAL EMERGENCY MANAGEMENT 

øSec. 501. Definitions. 

øSec. 502. Definition. 


tjames on DSKG8SOYB1PROD with HEARING
40 

øSec. 503. Federal Emergency Management Agency. 

øSec. 504. Authorities and responsibilities. 

øSec. 505. Functions transferred. 

øSec. 506. Preserving the Federal Emergency Management Agency. 

øSec. 507. Regional Offices. 

øSec. 508. National Advisory Council. 

øSec. 509. National Integration Center. 

øSec. 510. Credentialing and typing. 

øSec. 511. The National Infrastructure Simulation and Analysis Center. 

øSec. 512. Evacuation plans and exercises. 

øSec. 513. Disability Coordinator. 

øSec. 514. Department and Agency officials. 

øSec. 515. National Operations Center. 

øSec. 516. Chief Medical Officer. 

øSec. 517. Nuclear incident response. 

øSec. 518. Conduct of certain public health-related activities. 

øSec. 519. Use of national private sector networks in emergency response. 

øSec. 520. Use of commercially available technology, goods, and services. 

øSec. 521. Procurement of security countermeasures for strategic national stockpile. 

øSec. 522. Model standards and guidelines for critical infrastructure workers. 

øSec. 523. Guidance and recommendations. 

øSec. 524. Voluntary private sector preparedness accreditation and certification program.¿ 

TITLE V—OTHER OFFICES AND FUNCTIONS 

Sec. 501. Definition. 

Sec. 502. The National Infrastructure Simulation and Analysis Center. 

Sec. 503. Evacuation plans and exercises. 

Sec. 504. Assistant Secretary for Cybersecurity and Communications. 

Sec. 505. National Operations Center. 

Sec. 506. Chief Medical Officer. 

Sec. 507. Conduct of certain public health-related activities. 

Sec. 508. Use of commercially available technology, goods, and services. 

Sec. 509. Procurement of security countermeasures for strategic national stockpile. 

Sec. 510. Model standards and guidelines for critical infrastructure workers. 

Sec. 511. Guidance and recommendations. 

Sec. 512. Voluntary private sector preparedness accreditation and certification program. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

SEC. 101. EXECUTIVE DEPARTMENT; MISSION. 

(a) * * * 

(b) MISSION.— 

(1) IN GENERAL.—The primary mission of the Department is 

to— 

(A) * * * 

* * * * * * * 

ø(C) minimize the damage, and assist in the recovery, 

from terrorist attacks that do occur within the United 

States;¿ 

ø(D)¿ (C) carry out all functions of entities transferred 

to the Departmentø, including by acting as a focal point 

regarding natural and manmade crises and emergency 

planning¿; 

ø(E)¿ (D) ensure that the functions of the agencies and 

subdivisions within the Department that are not related 


tjames on DSKG8SOYB1PROD with HEARING
41 

directly to securing the homeland are not diminished or 

neglected except by a specific explicit Act of Congress; 

ø(F)¿ (E) ensure that the overall economic security of the 

United States is not diminished by efforts, activities, and 

programs aimed at securing the homeland; 

ø(G)¿ (F) ensure that the civil rights and civil liberties 

of persons are not diminished by efforts, activities, and 

programs aimed at securing the homeland; and 

ø(H)¿ (G) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. 

* * * * * * * 

SEC. 102. SECRETARY; FUNCTIONS. 

(a) * * * 

* * * * * * * 

(c) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect 

to homeland security, the Secretary shall coordinate through the 

Office of State and Local Coordination (established under section 

801) (including the provision of training and equipment) with State 

and local government personnel, agencies, and authorities, with the 

private sector, and with other entities, including by— 

(1) * * * 

* * * * * * * 

Nothing in this subsection may be construed to interfere with the 

role of the Administrator of the Federal Emergency Management 

Agency. 

* * * * * * * 

(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall 

appoint a Special Assistant to the Secretary who shall be responsible for— 

(1) * * * 

* * * * * * * 

(4) creating and managing private sector advisory councils 

composed of representatives of industries and associations designated by the Secretary to— 

(A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; and 

(B) advise the Secretary on homeland security policies, 

regulations, processes, and actions that affect the participating industries and associations; øand¿ 

ø(C) advise the Secretary on private sector preparedness 

issues, including effective methods for— 

ø(i) promoting voluntary preparedness standards to 

the private sector; and 

ø(ii) assisting the private sector in adopting voluntary preparedness standards;¿ 

* * * * * * * 

ø(8) providing information to the private sector regarding 

voluntary preparedness standards and the business justificaVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
42 

tion for preparedness and promoting to the private sector the 

adoption of voluntary preparedness standards;¿ 

ø(9)¿ (8) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in 

supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack; 

ø(10)¿ (9) coordinating with the Directorate of Border and 

Transportation Security and the Assistant Secretary for Trade 

Development of the Department of Commerce on issues related 

to the travel and tourism industries; and 

ø(11)¿ (10) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry. 

* * * * * * * 

SEC. 103. OTHER OFFICERS. 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the following officers, appointed by the President, by and with the advice 

and consent of the Senate: 

(1) * * * 

* * * * * * * 

ø(4) An Administrator of the Federal Emergency Management Agency.¿ 

ø(5)¿ (4) A Director of the Bureau of Citizenship and Immigration Services. 

ø(6)¿ (5) An Under Secretary for Management. 

ø(7)¿ (6) A Director of the Office of Counternarcotics Enforcement. 

ø(8)¿ (7) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related 

programs of the Department. 

ø(9)¿ (8) Not more than 12 Assistant Secretaries. 

ø(10)¿ (9) A General Counsel, who shall be the chief legal officer of the Department. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

* * * * * * * 

Subtitle B—Critical Infrastructure 

Information 

* * * * * * * 

SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION. 

(a) * * * 

* * * * * * * 


tjames on DSKG8SOYB1PROD with HEARING
43 

(g) AUTHORITY TO ISSUE WARNINGS.—The Federal Government 

may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general 

public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take 

appropriate actions to protect from disclosure— 

(1) * * * 

* * * * * * * 

Nothing in this subsection may be construed to limit or otherwise 

affect the authority of the President or the Administrator of the Federal Emergency Management Agency under section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5132). 

* * * * * * * 

Subtitle C—Information Security 

* * * * * * * 

SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY. 

In carrying out the responsibilities under section 201, the Under 

Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection shall— 

(1) as appropriate, provide to State and local government entities, and upon request to private entities that own or operate 

critical information systems— 

(A) * * * 

(B) in coordination with the øUnder Secretary for Emergency Preparedness and Response¿ Administrator of the 

Federal Emergency Management Agency, crisis management support in response to threats to, or attacks on, critical information systems; and 

(2) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in 

coordination with the øUnder Secretary for Emergency Preparedness and Response¿ Administrator of the Federal Emergency Management Agency, with respect to emergency recovery 

plans to respond to major failures of critical information systems. 

* * * * * * * 

Subtitle E—Consultation With Federal 

Emergency Management Agency 

SEC. 241. DUTY TO CONSULT. 

In carrying out this title, the Secretary shall consult, as appropriate, with the Administrator of the Federal Emergency Management Agency. 


tjames on DSKG8SOYB1PROD with HEARING
44 

SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION. 

Nothing in this title may be construed to limit or otherwise affect 

the authority of the Administrator of the Federal Emergency Management Agency. 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER 

AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

øSEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. 

ø(a) IN GENERAL.—The Office for Domestic Preparedness shall be 

within the Directorate of Border and Transportation Security. 

ø(b) DIRECTOR.—There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President, by 

and with the advice and consent of the Senate. The Director of the 

Office for Domestic Preparedness shall report directly to the Under 

Secretary for Border and Transportation Security. 

ø(c) RESPONSIBILITIES.—The Office for Domestic Preparedness 

shall have the primary responsibility within the executive branch 

of Government for the preparedness of the United States for acts 

of terrorism, including— 

ø(1) coordinating preparedness efforts at the Federal level, 

and working with all State, local, tribal, parish, and private 

sector emergency response providers on all matters pertaining 

to combating terrorism, including training, exercises, and 

equipment support; 

ø(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland 

security at all levels of government; 

ø(3) directing and supervising terrorism preparedness grant 

programs of the Federal Government (other than those programs administered by the Department of Health and Human 

Services) for all emergency response providers; 

ø(4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness; 

ø(5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and 

local agencies and international entities; 

ø(6) as the lead executive branch agency for preparedness of 

the United States for acts of terrorism, cooperating closely with 

the Federal Emergency Management Agency, which shall have 

the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States; 

ø(7) assisting and supporting the Secretary, in coordination 

with other Directorates and entities outside the Department, 

in conducting appropriate risk analysis and risk management 


tjames on DSKG8SOYB1PROD with HEARING
45 

activities of State, local, and tribal governments consistent 

with the mission and functions of the Directorate; 

ø(8) those elements of the Office of National Preparedness of 

the Federal Emergency Management Agency which relate to 

terrorism, which shall be consolidated within the Department 

in the Office for Domestic Preparedness established under this 

section; and 

ø(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and 

emergency response providers. 

ø(d) FISCAL YEARS 2003 and 2004.—During fiscal year 2003 and 

fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out 

those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and 

authorities, and with the required level of personnel, assets, and 

budget before September 11, 2001.¿ 

* * * * * * * 

TITLE V—øNATIONAL EMERGENCY 

MANAGEMENT¿ OTHER OFFICES AND 

FUNCTIONS 

øSEC. 501. DEFINITIONS. 

øIn this title— 

ø(1) the term ‘‘Administrator’’ means the Administrator of 

the Agency; 

ø(2) the term ‘‘Agency’’ means the Federal Emergency Management Agency; 

ø(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; 

ø(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; 

ø(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); 

ø(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)); 


tjames on DSKG8SOYB1PROD with HEARING
46 

ø(7) the term ‘‘National Incident Management System’’ 

means a system to enable effective, efficient, and collaborative 

incident management; 

ø(8) the term ‘‘National Response Plan’’ means the National 

Response Plan or any successor plan prepared under section 

502(a)(6); 

ø(9) the term ‘‘Regional Administrator’’ means a Regional 

Administrator appointed under section 507; 

ø(10) the term ‘‘Regional Office’’ means a Regional Office established under section 507; 

ø(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; 

ø(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; 

ø(13) the term ‘‘tribal government’’ means the government of 

any entity described in section 2(11)(B); and 

ø(14) the terms ‘‘typed’’ and ‘‘typing’’ mean having evaluated, 

or evaluating, respectively, a resource in accordance with 

standards created under section 510.¿ 

SEC. ø502.¿ 501. DEFINITION. 

In this title, the term ‘‘Nuclear Incident Response Team’’ means 

a resource that includes— 

(1) * * * 

* * * * * * * 

øSEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY. 

ø(a) IN GENERAL.—There is in the Department the Federal 

Emergency Management Agency, headed by an Administrator. 

ø(b) MISSION.— 

ø(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. 

ø(2) SPECIFIC ACTIVITIES.—In support of the primary mission 

of the Agency, the Administrator shall— 

ø(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 manmade disasters, including catastrophic incidents; 

ø(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 


tjames on DSKG8SOYB1PROD with HEARING
47 

to natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents; 

ø(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; 

ø(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; 

ø(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; 

ø(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; 

ø(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 

ø(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. 

ø(c) ADMINISTRATOR.— 

ø(1) IN GENERAL.—The Administrator shall be appointed by 

the President, by and with the advice and consent of the Senate. 

ø(2) QUALIFICATIONS.—The Administrator shall be appointed 

from among individuals who have— 

ø(A) a demonstrated ability in and knowledge of emergency management and homeland security; and 

ø(B) not less than 5 years of executive leadership and 

management experience in the public or private sector. 

ø(3) REPORTING.—The Administrator shall report to the Secretary, without being required to report through any other official of the Department. 

ø(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.— 

ø(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. 

ø(B) ADVICE AND RECOMMENDATIONS.— 


tjames on DSKG8SOYB1PROD with HEARING
48 

ø(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. 

ø(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. 

ø(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. 

ø(5) CABINET STATUS.— ø(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 manmade disasters. 

ø(B) RETENTION OF AUTHORITY.—Nothing in this paragraph shall be construed as affecting the authority of the 

Secretary under this Act. 

øSEC. 504. AUTHORITY AND RESPONSIBILITIES. 

ø(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— 

ø(1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and 

other emergencies; 

ø(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)— 

ø(A) establishing standards and certifying when those 

standards have been met; 

ø(B) conducting joint and other exercises and training 

and evaluating performance; and 

ø(C) providing funds to the Department of Energy and 

the Environmental Protection Agency, as appropriate, for 

homeland security planning, exercises and training, and 

equipment; 

ø(3) providing the Federal Government’s response to terrorist 

attacks and major disasters, including— 

ø(A) managing such response; 

ø(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; 

ø(C) overseeing the Metropolitan Medical Response System; and 


tjames on DSKG8SOYB1PROD with HEARING
49 

ø(D) coordinating other Federal response resources, including requiring deployment of the Strategic National 

Stockpile, in the event of a terrorist attack or major disaster; 

ø(4) aiding the recovery from terrorist attacks and major disasters; 

ø(5) building a comprehensive national incident management 

system with Federal, State, and local government personnel, 

agencies, and authorities, to respond to such attacks and disasters; 

ø(6) consolidating existing Federal Government emergency 

response plans into a single, coordinated national response 

plan; 

ø(7) helping ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, and 

tribal governments and emergency response providers; 

ø(8) assisting the President in carrying out the functions 

under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 

functions and authorities given to the Administrator under 

that Act; 

ø(9) carrying out the mission of the Agency to reduce the loss 

of life and property and protect the Nation from all hazards by 

leading and supporting the Nation in a risk-based, comprehensive emergency management system of— 

ø(A) mitigation, by taking sustained actions to reduce or 

eliminate long-term risks to people and property from hazards and their effects; 

ø(B) preparedness, by planning, training, and building 

the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from 

any hazard; 

ø(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 

ø(D) recovery, by rebuilding communities so individuals, 

businesses, and governments can function on their own, 

return to normal life, and protect against future hazards; 

ø(10) increasing efficiencies, by coordinating efforts relating 

to preparedness, protection, response, recovery, and mitigation; 

ø(11) helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster; 

ø(12) supervising grant programs administered by the Agency; 

ø(13) administering and ensuring the implementation of the 

National Response Plan, including coordinating and ensuring 

the readiness of each emergency support function under the 

National Response Plan; 

ø(14) coordinating with the National Advisory Council established under section 508; 


tjames on DSKG8SOYB1PROD with HEARING
50 

ø(15) preparing and implementing the plans and programs of 

the Federal Government for— 

ø(A) continuity of operations; 

ø(B) continuity of government; and 

ø(C) continuity of plans; 

ø(16) minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and 

tribal governments and the private sector; 

ø(17) maintaining and operating within the Agency the National Response Coordination Center or its successor; 

ø(18) developing a national emergency management system 

that is capable of preparing for, protecting against, responding 

to, recovering from, and mitigating against catastrophic incidents; 

ø(19) assisting the President in carrying out the functions 

under the national preparedness goal and the national preparedness system and carrying out all functions and authorities of the Administrator under the national preparedness System; 

ø(20) carrying out all authorities of the Federal Emergency 

Management Agency and the Directorate of Preparedness of 

the Department as transferred under section 505; and 

ø(21) otherwise carrying out the mission of the Agency as described in section 503(b). 

ø(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. 

øSEC. 505. FUNCTIONS TRANSFERRED. 

ø(a) IN GENERAL.—Except as provided in subsection (b), there are 

transferred to the Agency the following: 

ø(1) All functions of the Federal Emergency Management 

Agency, including existing responsibilities for emergency alert 

systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, 

grant programs, and liabilities, and including the functions of 

the Under Secretary for Federal Emergency Management relating thereto. 

ø(2) The Directorate of Preparedness, as constituted on June 

1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. 

ø(b) EXCEPTIONS.—The following within the Preparedness Directorate shall not be transferred: 

ø(1) The Office of Infrastructure Protection. 

ø(2) The National Communications System. 

ø(3) The National Cybersecurity Division. 

ø(4) The Office of the Chief Medical Officer. 


tjames on DSKG8SOYB1PROD with HEARING
51 

ø(5) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (4). 

øSEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT 

AGENCY. 

ø(a) DISTINCT ENTITY.—The Agency shall be maintained as a distinct entity within the Department. 

ø(b) REORGANIZATION.—Section 872 shall not apply to the Agency, including any function or organizational unit of the Agency. 

ø(c) PROHIBITION ON CHANGES TO MISSIONS.— 

ø(1) IN GENERAL.—The Secretary may not substantially or 

significantly reduce the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform 

those missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted after the date of 

enactment of the Post-Katrina Emergency Management Reform Act of 2006. 

ø(2) CERTAIN TRANSFERS PROHIBITED.—No asset, function, or 

mission of the Agency may be diverted to the principal and 

continuing use of any other organization, unit, or entity of the 

Department, except for details or assignments that do not reduce the capability of the Agency to perform its missions. 

ø(d) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with any 

applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds. 

øSEC. 507. REGIONAL OFFICES. 

ø(a) IN GENERAL.—There are in the Agency 10 regional offices, 

as identified by the Administrator. 

ø(b) MANAGEMENT OF REGIONAL OFFICES.— 

ø(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. 

ø(2) QUALIFICATIONS.— 

ø(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. 

ø(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. 

ø(c) RESPONSIBILITIES.— 

ø(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 


tjames on DSKG8SOYB1PROD with HEARING
52 

served by the Regional Office to carry out the responsibilities 

of a Regional Administrator under this section. 

ø(2) RESPONSIBILITIES.—The responsibilities of a Regional 

Administrator include— 

ø(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); 

ø(B) assisting in the development of regional capabilities 

needed for a national catastrophic response system; 

ø(C) coordinating the establishment of effective regional 

operable and interoperable emergency communications capabilities; 

ø(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 manmade 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; 

ø(E) designating an individual responsible for the development of strategic and operational regional plans in support of the National Response Plan; 

ø(F) fostering the development of mutual aid and other 

cooperative agreements; 

ø(G) identifying critical gaps in regional capabilities to 

respond to populations with special needs; 

ø(H) maintaining and operating a Regional Response Coordination Center or its successor; 

ø(I) coordinating with the private sector to help ensure 

private sector preparedness for natural disasters, acts of 

terrorism, and other man-made disasters; 

ø(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 

ø(K) performing such other duties relating to such responsibilities as the Administrator may require. 

ø(3) TRAINING AND EXERCISE REQUIREMENTS.— 

ø(A) TRAINING.—The Administrator shall require each 

Regional Administrator to undergo specific training periodically to complement the qualifications of the Regional 

Administrator. Such training, as appropriate, shall include 

training with respect to the National Incident Management System, the National Response Plan, and such other 

subjects as determined by the Administrator. 

ø(B) EXERCISES.—The Administrator shall require each 

Regional Administrator to participate as appropriate in regional and national exercises. 

ø(d) AREA OFFICES.— 


tjames on DSKG8SOYB1PROD with HEARING
53 

ø(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. 

ø(2) ALASKA.—The Administrator shall establish an Area Office in Alaska, as a component in the appropriate Regional Office. 

ø(e) REGIONAL ADVISORY COUNCIL.— 

ø(1) ESTABLISHMENT.—Each Regional Administrator shall establish a Regional Advisory Council. 

ø(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. 

ø(3) RESPONSIBILITIES.—Each Regional Advisory Council 

shall— 

ø(A) advise the Regional Administrator on emergency 

management issues specific to that region; 

ø(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 

ø(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. 

ø(f) REGIONAL OFFICE STRIKE TEAMS.— 

ø(1) IN GENERAL.—In coordination with other relevant Federal agencies, each Regional Administrator shall oversee multiagency 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— 

ø(A) a designated Federal coordinating officer; 

ø(B) personnel trained in incident management; 

ø(C) public affairs, response and recovery, and communications support personnel; 

ø(D) a defense coordinating officer; 

ø(E) liaisons to other Federal agencies; 

ø(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and 

ø(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the 

National Response Plan. 

ø(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. 

ø(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. 


tjames on DSKG8SOYB1PROD with HEARING
54 

ø(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. 

ø(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. 

ø(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. 

øSEC. 508. NATIONAL ADVISORY COUNCIL. 

ø(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. 

ø(b) RESPONSIBILITIES.— ø(1) IN GENERAL.—The National Advisory Council shall advise the Administrator on all aspects of emergency management. The National Advisory Council shall incorporate State, 

local, and tribal government and private sector input in the development and revision of the national preparedness goal, the 

national preparedness system, the National Incident Management System, the National Response Plan, and other related 

plans and strategies. 

ø(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. 

ø(c) MEMBERSHIP.— 

ø(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— 

ø(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; 


tjames on DSKG8SOYB1PROD with HEARING
55 

ø(B) health scientists, emergency and inpatient medical 

providers, and public health professionals; 

ø(C) experts from Federal, State, local, and tribal governments, and the private sector, representing standardssetting 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; 

ø(D) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and 

mitigation, including Adjutants General; 

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

ø(F) experts in public and private sector infrastructure 

protection, cybersecurity, and communications; 

ø(G) representatives of individuals with disabilities and 

other populations with special needs; and 

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

ø(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. 

ø(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. 

ø(4) TERMS OF OFFICE.— ø(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. 

ø(B) INITIAL APPOINTMENTS.—Of the members initially 

appointed to the National Advisory Council— 

ø(i) one-third shall be appointed for a term of 1 year; 

and 

ø(ii) one-third shall be appointed for a term of 2 

years. 

ø(d) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— ø(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. 

ø(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. 

øSEC. 509. NATIONAL INTEGRATION CENTER. 

ø(a) IN GENERAL.—There is established in the Agency a National 

Integration Center. 

ø(b) RESPONSIBILITIES.— 

ø(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 NaVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
56 

tional Incident Management System, the National Response 

Plan, and any successor to such system or plan. 

ø(2) SPECIFIC RESPONSIBILITIES.—The National Integration 

Center shall periodically review, and revise as appropriate, the 

National Incident Management System and the National Response Plan, including— 

ø(A) establishing, in consultation with the Director of 

the Corporation for National and Community Service, a 

process to better use volunteers and donations; 

ø(B) improving the use of Federal, State, local, and tribal resources and ensuring the effective use of emergency 

response providers at emergency scenes; and 

ø(C) revising the Catastrophic Incident Annex, finalizing 

and releasing the Catastrophic Incident Supplement to the 

National Response Plan, and ensuring that both effectively 

address response requirements in the event of a catastrophic incident. 

ø(c) INCIDENT MANAGEMENT.— ø(1) IN GENERAL.— ø(A) NATIONAL RESPONSE PLAN.—The Secretary, acting 

through the Administrator, shall ensure that the National 

Response Plan provides for a clear chain of command to 

lead and coordinate the Federal response to any natural 

disaster, act of terrorism, or other man-made disaster. 

ø(B) ADMINISTRATOR.—The chain of the command specified in the National Response Plan shall— 

ø(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 

ø(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)). 

ø(2) PRINCIPAL FEDERAL OFFICIAL.—The Principal Federal 

Official (or the successor thereto) shall not— 

ø(A) direct or replace the incident command structure 

established at the incident; or 

ø(B) have directive authority over the Senior Federal 

Law Enforcement Official, Federal Coordinating Officer, or 

other Federal and State officials. 

øSEC. 510. CREDENTIALING AND TYPING. 

ø(a) IN GENERAL.—The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal 

governments, and organizations that represent emergency response 

providers, to collaborate on developing standards for deployment 

capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed 


tjames on DSKG8SOYB1PROD with HEARING
57 

to respond to natural disasters, acts of terrorism, and other manmade disasters. 

ø(b) DISTRIBUTION.— ø(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— 

ø(A) each Federal agency that has responsibilities under 

the National Response Plan to aid that agency with 

credentialing and typing incident management personnel, 

emergency response providers, and other personnel (including temporary personnel) and resources likely needed 

to respond to a natural disaster, act of terrorism, or other 

man-made disaster; and 

ø(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. 

ø(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. 

ø(c) CREDENTIALING AND TYPING OF PERSONNEL.—Not later than 

6 months after receiving the standards provided under subsection 

(b), each Federal agency with responsibilities under the National 

Response Plan shall ensure that incident management personnel, 

emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are 

credentialed and typed in accordance with this section. 

ø(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. ø511.¿ 502. THE NATIONAL INFRASTRUCTURE SIMULATION AND 

ANALYSIS CENTER. 

(a) * * * 

* * * * * * * 

SEC. ø512.¿ 503. EVACUATION PLANS AND EXERCISES. 

(a) * * * 

* * * * * * * 

(c) ASSISTANCE.— 

(1) IN GENERAL.—The øAdministrator¿ Secretary may establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective 

mass evacuation planning for State, local, and tribal areas. 


tjames on DSKG8SOYB1PROD with HEARING
58 

(2) REQUESTED ASSISTANCE.—The øAdministrator¿ Secretary 

shall make assistance available upon request of a State, local, 

or tribal government to assist hospitals, nursing homes, and 

other institutions that house individuals with special needs to 

establish, maintain, and exercise mass evacuation plans that 

are coordinated and integrated into the plans developed by 

that State, local, or tribal government under this section. 

* * * * * * * 

øSEC. 513. DISABILITY COORDINATOR. 

ø(a) IN GENERAL.—After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive 

Order No. 13347 (6 U.S.C. 312 note), the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the 

needs of individuals with disabilities are being properly addressed 

in emergency preparedness and disaster relief. 

ø(b) RESPONSIBILITIES.—The Disability Coordinator shall be responsible for— 

ø(1) providing guidance and coordination on matters related 

to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act 

of terrorism, or other man-made disaster; 

ø(2) interacting with the staff of the Agency, the National 

Council on Disabilities, the Interagency Coordinating Council 

on Preparedness and Individuals with Disabilities established 

under Executive Order No. 13347 (6 U.S.C. 312 note), other 

agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals 

with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, 

or other man-made disaster; 

ø(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs 

of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act 

of terrorism, or other man-made disaster; 

ø(4) ensuring the coordination and dissemination of best 

practices and model evacuation plans for individuals with disabilities; 

ø(5) ensuring the development of training materials and a 

curriculum for training of emergency response providers, State, 

local, and tribal government officials, and others on the needs 

of individuals with disabilities; 

ø(6) promoting the accessibility of telephone hotlines and 

websites regarding emergency preparedness, evacuations, and 

disaster relief; 

ø(7) working to ensure that video programming distributors, 

including broadcasters, cable operators, and satellite television 

services, make emergency information accessible to individuals 

with hearing and vision disabilities; 


tjames on DSKG8SOYB1PROD with HEARING
59 

ø(8) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; 

ø(9) providing guidance and implementing policies to ensure 

that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; 

ø(10) ensuring that meeting the needs of individuals with 

disabilities are included in the components of the national preparedness system established under section 644 of the PostKatrina Emergency Management Reform Act of 2006; and 

ø(11) any other duties as assigned by the Administrator. 

øSEC. 514. DEPARTMENT AND AGENCY OFFICIALS. 

ø(a) DEPUTY ADMINISTRATORS.—The President may appoint, by 

and with the advice and consent of the Senate, not more than 4 

Deputy Administrators to assist the Administrator in carrying out 

this title. 

ø(b) CYBERSECURITY AND COMMUNICATIONS.—There is in the Department an Assistant Secretary for Cybersecurity and Communications. 

ø(c) UNITED STATES FIRE ADMINISTRATION.—The Administrator 

of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department. 

øSEC. 515. NATIONAL OPERATIONS CENTER. 

ø(a) DEFINITION.—In this section, the term ‘‘situational awareness’’ means information gathered from a variety of sources that, 

when communicated to emergency managers and decision makers, 

can form the basis for incident management decisionmaking. 

ø(b) ESTABLISHMENT.—The National Operations Center is the 

principal operations center for the Department and shall— 

ø(1) provide situational awareness and a common operating 

picture for the entire Federal Government, and for State, local, 

and tribal governments as appropriate, in the event of a natural disaster, act of terrorism, or other man-made disaster; and 

ø(2) ensure that critical terrorism and disaster-related information reaches government decision-makers. 

ø(c) STATE AND LOCAL FIRE SERVICE REPRESENTATION.— 

ø(1) ESTABLISHMENT OF POSITION.—The Secretary shall, in 

consultation with the Administrator of the United States Fire 

Administration, establish a fire service position at the National 

Operations Center established under subsection (b) to ensure 

the effective sharing of information between the Federal Government and State and local fire services. 

ø(2) DESIGNATION OF POSITION.—The Secretary shall designate, on a rotating basis, a State or local fire service official 

for the position described in paragraph (1). 

ø(3) MANAGEMENT.—The Secretary shall manage the position 

established pursuant to paragraph (1) in accordance with such 

rules, regulations, and practices as govern other similar rotating positions at the National Operations Center.¿ 

SEC. 504. ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS. 

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


tjames on DSKG8SOYB1PROD with HEARING
60 

SEC. 505. NATIONAL OPERATIONS CENTER. 

(a) DEFINITION.—In this section, the term ‘‘situational awareness’’ 

means information gathered from a variety of sources that, when 

communicated to emergency managers and homeland security decisionmakers, can form the basis for homeland security decisionmaking. 

(b) ESTABLISHMENT.—The National Operations Center is the principal operations center for the Department and shall— 

(1) provide situational awareness and a common operating 

picture for the entire Federal Government, and for State, local, 

and tribal governments as appropriate, for homeland security 

purposes; and 

(2) ensure that critical homeland security information reaches 

government decisionmakers. 

(c) FEMA AUTHORITY.—Nothing in this section shall be construed 

to provide to the National Operations Center any authority that 

overlaps with the authority of the Administrator of the Federal 

Emergency Management Agency, except to the extent necessary to coordinate the activities or information of the National Operations 

Center with the Federal Emergency Management Agency. 

SEC. ø516.¿ 506. CHIEF MEDICAL OFFICER. 

(a) * * * 

* * * * * * * 

(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the 

primary responsibility within the Department for medical issues related to ønatural disasters, acts of terrorism, and other man-made 

disasters¿ homeland security, including— 

(1) * * * 

* * * * * * * 

(4) serving as the Department’s primary point of contact 

with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, the Federal Emergency Management Agency, and other 

Federal departments or agencies, on medical and public health 

issues; 

* * * * * * * 

(d) FEMA AUTHORITY.—Nothing in this section shall be construed 

to provide to the Chief Medical Officer any authority that overlaps 

with the authority of the Administrator of the Federal Emergency 

Management Agency, except to the extent necessary to coordinate activities or information with the Federal Emergency Management 

Agency. 

øSEC. 517. NUCLEAR INCIDENT RESPONSE. 

ø(a) IN GENERAL.—At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, 

or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team 

shall be subject to the direction, authority, and control of the Secretary. 

ø(b) RULE OF CONSTRUCTION.—Nothing in this title shall be construed to limit the ordinary responsibility of the Secretary of EnVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00060 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
61 

ergy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective 

entities in the Nuclear Incident Response Team, or (subject to the 

provisions of this title) from exercising direction, authority, and 

control over them when they are not operating as a unit of the Department.¿ 

SEC. ø518.¿ 507. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES. 

(a) * * * 

* * * * * * * 

øSEC. 519. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE. 

øTo the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive 

disasters, and other major disasters.¿ 

SEC. ø520.¿ 508. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, 

GOODS, AND SERVICES. 

It is the sense of Congress that— 

(1) * * * 

* * * * * * * 

SEC. ø521.¿ 509. PROCUREMENT OF SECURITY COUNTERMEASURES 

FOR STRATEGIC NATIONAL STOCKPILE. 

(a) * * * 

* * * * * * * 

SEC. ø522.¿ 510. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 

INFRASTRUCTURE WORKERS. 

(a) * * * 

* * * * * * * 

SEC. ø523.¿ 511. GUIDANCE AND RECOMMENDATIONS. 

(a) * * * 

* * * * * * * 

SEC. ø524.¿ 512. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM. 

(a) * * * 

* * * * * * * 

TITLE VII—MANAGEMENT 

* * * * * * * 

SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW. 

(a) REQUIREMENT.— 

(1) * * * 

* * * * * * * 

(3) CONSULTATION.—The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with— 

(A) the heads of other Federal agencies, including the 

Attorney General, the Secretary of State, the Secretary of 


tjames on DSKG8SOYB1PROD with HEARING
62 

Defense, the Secretary of Health and Human Services, the 

Secretary of the Treasury, the Secretary of Agriculture, the 

Administrator of the Federal Emergency Management 

Agency, and the Director of National Intelligence; 

* * * * * * * 

(b) CONTENTS OF REVIEW.—In each quadrennial homeland security review, the Secretary shall— 

(1) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national 

and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National Strategy 

for Homeland Securityø, the National Response Plan,¿ and the 

Department Security Strategic Plan; 

* * * * * * * 

(c) REPORTING.— 

(1) * * * 

(2) CONTENTS OF REPORT.—Each report submitted under 

paragraph (1) shall include— 

(A) * * * 

* * * * * * * 

(G) a discussion of the status of cooperation between the 

Federal Government and State, local, and tribal governments in preventing terrorist attacks øand preparing for 

emergency response to threats to national homeland security¿; 

* * * * * * * 

TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

* * * * * * * 

Subtitle H—Miscellaneous Provisions 

* * * * * * * 

SEC. 887. COORDINATION WITH THE DEPARTMENT OF HEALTH AND 

HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE 

ACT. 

(a) IN GENERAL.—The annual Federal response plan developed 

by the Department shall be consistent with section 319 of the Public Health Service Act (42 U.S.C. 247d) and section 202(b) of the 

FEMA Independence Act of 2009. 

(b) DISCLOSURES AMONG RELEVANT AGENCIES.— 

(1) * * * 

(2) PUBLIC HEALTH EMERGENCY.—During the period in which 

the Secretary of Health and Human Services has declared the 

existence of a public health emergency under section 319(a) of 


tjames on DSKG8SOYB1PROD with HEARING
63 

the Public Health Service Act (42 U.S.C. 247d(a)), the Secretary of Health and Human Services shall keep relevant agencies, including the Department of Homeland Security, the Federal Emergency Management Agency, the Department of Justice, and the Federal Bureau of Investigation, fully and currently informed. 

(3) POTENTIAL PUBLIC HEALTH EMERGENCY.—In cases involving, or potentially involving, a public health emergency, but in 

which no determination of an emergency by the Secretary of 

Health and Human Services under section 319(a) of the Public 

Health Service Act (42 U.S.C. 247d(a)), has been made, all relevant agencies, including the Department of Homeland Security, the Federal Emergency Management Agency, the Department of Justice, and the Federal Bureau of Investigation, shall 

keep the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention fully 

and currently informed. 

* * * * * * * 

TITLE IX—NATIONAL HOMELAND 

SECURITY COUNCIL 

* * * * * * * 

SEC. 903. MEMBERSHIP. 

(a) MEMBERS.—The members of the Council shall be the following: 

(1) * * * 

* * * * * * * 

(6) The Administrator of the Federal Emergency Management 

Agency. 

ø(6)¿ (7) Such other individuals as may be designated by the 

President. 

* * * * * * * 

TITLE XX—HOMELAND SECURITY 

GRANTS 

* * * * * * * 

Subtitle A—Grants to States and High-Risk 

Urban Areas 

* * * * * * * 

SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS. 

(a) GRANTS AUTHORIZED.—The Secretaryø, through the Administrator,¿ may award grants under sections 2003 and 2004 to State, 

local, and tribal governments. 

* * * * * * * 


tjames on DSKG8SOYB1PROD with HEARING
64 

SEC. 2003. URBAN AREA SECURITY INITIATIVE. 

(a) ESTABLISHMENT.—There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in 

øpreventing, preparing for, protecting against, and responding to¿ 

preventing and protecting against acts of terrorism. 

(b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN

AREAS.— 

(1) IN GENERAL.—The øAdministrator¿ Secretary shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection. 

(2) INITIAL ASSESSMENT.— (A) IN GENERAL.—For each fiscal year, the øAdministrator¿ Secretary shall conduct an initial assessment of the 

relative threat, vulnerability, and consequences from acts 

of terrorism faced by each eligible metropolitan area, including consideration of— 

(i) * * * 

* * * * * * * 

(B) SUBMISSION OF INFORMATION BY ELIGIBLE METRO- POLITAN AREAS.—Prior to conducting each initial assessment under subparagraph (A), the øAdministrator¿ Secretary shall provide each eligible metropolitan area with, 

and shall notify each eligible metropolitan area of, the opportunity to— 

(i) * * * 

* * * * * * * 

(3) DESIGNATION OF HIGH-RISK URBAN AREAS.— (A) DESIGNATION.— (i) IN GENERAL.—For each fiscal year, after conducting the initial assessment under paragraph (2), 

and based on that assessment, the øAdministrator¿ 

Secretary shall designate high-risk urban areas that 

may submit applications for grants under this section. 

(ii) ADDITIONAL AREAS.—Notwithstanding paragraph 

(2), the øAdministrator¿ Secretary may— 

(I) * * * 

(II) designate an area that is not an eligible 

metropolitan area as a high-risk urban area based 

on the assessment by the øAdministrator¿ Secretary of the relative threat, vulnerability, and 

consequences from acts of terrorism faced by the 

area. 

(iii) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to require the øAdministrator¿ Secretary to— 

(I) designate all eligible metropolitan areas that 

submit information to the øAdministrator¿ Secretary under paragraph (2)(B)(i) as high-risk 

urban areas; or 

* * * * * * * 

(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN

AREAS.— 

(i) IN GENERAL.—In designating high-risk urban 

areas under subparagraph (A), the øAdministrator¿ 


tjames on DSKG8SOYB1PROD with HEARING
65 

Secretary shall determine which jurisdictions, at a 

minimum, shall be included in each high-risk urban 

area. 

(ii) ADDITIONAL JURISDICTIONS.—A high-risk urban 

area designated by the øAdministrator¿ Secretary 

may, in consultation with the State or States in which 

such high-risk urban area is located, add additional 

jurisdictions to the high-risk urban area. 

(c) APPLICATION.— (1) * * * 

(2) MINIMUM CONTENTS OF APPLICATION.—In an application 

for a grant under this section, a high-risk urban area shall 

submit— 

(A) * * * 

* * * * * * * 

(C) such information in support of the application as the 

øAdministrator¿ Secretary may reasonably require. 

* * * * * * * 

(4) STATE REVIEW AND TRANSMISSION.— 

(A) * * * 

* * * * * * * 

(C) OPPORTUNITY FOR STATE COMMENT.—If the Governor 

of a State determines that an application of a high-risk 

urban area is inconsistent with the State homeland security plan of that State, or otherwise does not support the 

application, the Governor shall— 

(i) notify the øAdministrator¿ Secretary, in writing, 

of that fact; and 

* * * * * * * 

(5) OPPORTUNITY TO AMEND.—In considering applications for 

grants under this section, the øAdministrator¿ Secretary shall 

provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards. 

(d) DISTRIBUTION OF AWARDS.— 

(1) IN GENERAL.—If the øAdministrator¿ Secretary approves 

the application of a high-risk urban area for a grant under this 

section, the øAdministrator¿ Secretary shall distribute the 

grant funds to the State or States in which that high-risk 

urban area is located. 

* * * * * * * 

(3) INTERSTATE URBAN AREAS.—If parts of a high-risk urban 

area awarded a grant under this section are located in 2 or 

more States, the øAdministrator¿ Secretary shall distribute to 

each such State— 

(A) * * * 

(B) if no agreement on distribution has been reached, a 

portion of the grant funds determined by the øAdministrator¿ Secretary to be appropriate. 

(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

FUNDS TO HIGH-RISK URBAN AREAS.—A State that receives 

grant funds under paragraph (1) shall certify to the øAdministrator¿ Secretary that the State has made available to the apVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00065 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
66 

plicable high-risk urban area the required funds under paragraph (2). 

* * * * * * * 

SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM. 

(a) ESTABLISHMENT.—There is established a State Homeland Security Grant Program to assist State, local, and tribal governments 

in øpreventing, preparing for, protecting against, and responding 

to¿ preventing and protecting against acts of terrorism. 

(b) APPLICATION.— 

(1) IN GENERAL.—Each State may apply for a grant under 

this section, and shall submit such information in support of 

the application as the øAdministrator¿ Secretary may reasonably require. 

(2) MINIMUM CONTENTS OF APPLICATION.—The øAdministrator¿ Secretary shall require that each State include in its 

application, at a minimum— 

(A) * * * 

* * * * * * * 

(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.— (1) * * * 

(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

FUNDS TO LOCAL GOVERNMENTS.—A State shall certify to the 

øAdministrator¿ Secretary that the State has made the distribution to local and tribal governments required under paragraph (1). 

(3) EXTENSION OF PERIOD.—The Governor of a State may request in writing that the øAdministrator¿ Secretary extend the 

period under paragraph (1) for an additional period of time. 

The øAdministrator¿ Secretary may approve such a request if 

the øAdministrator¿ Secretary determines that the resulting 

delay in providing grant funding to the local and tribal governments is necessary to promote effective investments øto prevent, prepare for, protect against, or respond to¿ to prevent or 

protect against acts of terrorism. 

* * * * * * * 

(5) DIRECT FUNDING.—If a State fails to make the distribution to local or tribal governments required under paragraph 

(1) in a timely fashion, a local or tribal government entitled to 

receive such distribution may petition the øAdministrator¿ 

Secretary to request that grant funds be provided directly to 

the local or tribal government. 

(d) MULTISTATE APPLICATIONS.— 

(1) IN GENERAL.—Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may 

submit an application for a grant under this section in support 

of multistate efforts øto prevent, prepare for, protect against, 

and respond to¿ to prevent and protect against acts of terrorism. 

(2) ADMINISTRATION OF GRANT.—If a group of States applies 

for a grant under this section, such States shall submit to the 

øAdministrator¿ Secretary at the time of application a plan describing— 


tjames on DSKG8SOYB1PROD with HEARING
67 

(A) * * * 

* * * * * * * 

(e) MINIMUM ALLOCATION.— 

(1) IN GENERAL.—In allocating funds under this section, the 

øAdministrator¿ Secretary shall ensure that— 

(A) * * * 

* * * * * * * 

SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES. 

(a) IN GENERAL.—Notwithstanding section 2004(b), the øAdministrator¿ Secretary may award grants to directly eligible tribes 

under section 2004. 

(b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply for 

a grant under section 2004 by submitting an application to the 

øAdministrator¿ Secretary that includes, as appropriate, the information required for an application by a State under section 

2004(b). 

(c) CONSISTENCY WITH STATE PLANS.— 

(1) * * * 

(2) OPPORTUNITY FOR COMMENT.—If the Governor of a State 

determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, 

or otherwise does not support the application, not later than 30 

days after the date of receipt of that application the Governor 

shall— 

(A) notify the øAdministrator¿ Secretary, in writing, of 

that fact; and 

* * * * * * * 

(d) FINAL AUTHORITY.—The øAdministrator¿ Secretary shall have 

final authority to approve any application of a directly eligible 

tribe. The øAdministrator¿ Secretary shall notify each State within 

the boundaries of which any part of a directly eligible tribe is located of the approval of an application by the tribe. 

(e) PRIORITIZATION.—The øAdministrator¿ Secretary shall allocate funds to directly eligible tribes in accordance with the factors 

applicable to allocating funds among States under section 2007. 

(f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.—If 

the øAdministrator¿ Secretary awards funds to a directly eligible 

tribe under this section, the øAdministrator¿ Secretary shall distribute the grant funds directly to the tribe and not through any 

State. 

(g) MINIMUM ALLOCATION.— 

(1) IN GENERAL.—In allocating funds under this section, the 

øAdministrator¿ Secretary shall ensure that, for each fiscal 

year, directly eligible tribes collectively receive, from the funds 

appropriated for the State Homeland Security Grant Program 

established under section 2004, not less than an amount equal 

to 0.1 percent of the total funds appropriated for grants under 

sections 2003 and 2004. 

(2) EXCEPTION.—This subsection shall not apply in any fiscal 

year in which the øAdministrator¿ Secretary— 

(A) * * * 

* * * * * * * 


tjames on DSKG8SOYB1PROD with HEARING
68 

(h) TRIBAL LIAISON.—A directly eligible tribe applying for a grant 

under section 2004 shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and 

regional government officials concerning øpreventing, preparing 

for, protecting against, and responding to¿ preventing and protecting against acts of terrorism. 

* * * * * * * 

SEC. 2006. TERRORISM PREVENTION. 

(a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.— 

(1) IN GENERAL.—The øAdministrator¿ Secretary shall ensure that not less than 25 percent of the total combined funds 

appropriated for grants under sections 2003 and 2004 is used 

for law enforcement terrorism prevention activities. 

(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES.— 

Law enforcement terrorism prevention activities include— 

(A) * * * 

* * * * * * * 

(I) any other terrorism prevention activity authorized by 

the øAdministrator¿ Secretary. (3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES IN

FUSION CENTERS.—The øAdministrator¿ Secretary shall ensure 

that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and 

other emergency response providers from rural and other 

underrepresented communities at risk from acts of terrorism in 

fusion centers. 

(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.— (1) * * * 

* * * * * * * 

(4) RESPONSIBILITIES.—The Assistant Secretary for State and 

Local Law Enforcement shall— 

(A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in 

øpreventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other 

man-made disasters within the United States¿ preventing 

and protecting against acts of terrorism within the United 

States; 

* * * * * * * 

(D) work with the øAdministrator¿ Secretary to ensure 

that law enforcement and terrorism-focused grants to 

State, local, and tribal government agencies, including 

grants under sections 2003 and 2004, the Commercial 

Equipment Direct Assistance Program, and other grants 

administered by the Department to support fusion centers 

and law enforcement-oriented programs, are appropriately 

focused on terrorism prevention activities; 

* * * * * * * 

SEC. 2007. PRIORITIZATION. 

(a) IN GENERAL.—In allocating funds among States and high-risk 

urban areas applying for grants under section 2003 or 2004, the 


tjames on DSKG8SOYB1PROD with HEARING
69 

øAdministrator¿ Secretary shall consider, for each State or highrisk urban area— 

(1) its relative threat, vulnerability, and consequences from 

acts of terrorism, including consideration of— 

(A) * * * 

* * * * * * * 

(D) its degree of threat, vulnerability, and consequences 

related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the øAdministrator¿ Secretary or the State homeland security plan, including threats, vulnerabilities, and consequences related 

to critical infrastructure or key resources in nearby jurisdictions; 

* * * * * * * 

(H) its likely need to ørespond to¿ address acts of terrorism occurring in nearby jurisdictions; 

* * * * * * * 

(J) in the case of a high-risk urban area, the extent to 

which that high-risk urban area includes— 

(i) those incorporated municipalities, counties, parishes, and Indian tribes within the relevant eligible 

metropolitan area, the inclusion of which will enhance 

regional efforts øto prevent, prepare for, protect 

against, and respond to¿ to prevent and protect against 

acts of terrorism; and 

* * * * * * * 

(K) such other factors as are specified in writing by the 

øAdministrator¿ Secretary; and 

(2) the anticipated effectiveness of the proposed use of the 

grant by the State or high-risk urban area in increasing the 

ability of that State or high-risk urban area øto prevent, prepare for, protect against, and respond to¿ to prevent and protect against acts of terrorism, to meet its target capabilities, 

and to otherwise reduce the overall risk to the high-risk urban 

area, the State, or the Nation. 

(b) TYPES OF THREAT.—In assessing threat under this section, 

the øAdministrator¿ Secretary shall consider the following types of 

threat to critical infrastructure sectors and to populations in all 

areas of the United States, urban and rural: 

(1) * * * 

* * * * * * * 

(9) Such other types of threat determined relevant by the 

øAdministrator¿ Secretary. 

SEC. 2008. USE OF FUNDS. 

(a) PERMITTED USES.—The øAdministrator¿ Secretary shall permit the recipient of a grant under section 2003 or 2004 to use grant 

funds to achieve target capabilities related to øpreventing, preparing for, protecting against, and responding to¿ preventing and 

protecting against acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland 

security plans, through— 


tjames on DSKG8SOYB1PROD with HEARING
70 

(1) * * * 

* * * * * * * 

(12) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program, except to the extent that such activities are inconsistent with the FEMA Independence Act of 2009 (including 

the amendments made by that Act); and 

(13) any other appropriate activity, as determined by the 

øAdministrator¿ Secretary. 

(b) LIMITATIONS ON USE OF FUNDS.— 

(1) * * * 

(2) PERSONNEL.— 

(A) * * * 

(B) WAIVER.—At the request of the recipient of a grant 

under section 2003 or 2004, the øAdministrator¿ Secretary 

may grant a waiver of the limitation under subparagraph 

(A). 

(3) LIMITATIONS ON DISCRETION.— 

(A) IN GENERAL.—With respect to the use of amounts 

awarded to a grant recipient under section 2003 or 2004 

for personnel costs in accordance with paragraph (2) of this 

subsection, the øAdministrator¿ Secretary may not— 

(i) * * * 

* * * * * * * 

(B) ANALYSTS.—If amounts awarded to a grant recipient 

under section 2003 or 2004 are used for paying salary or 

benefits of a qualified intelligence analyst under subsection (a)(10), the øAdministrator¿ Secretary shall make 

such amounts available without time limitations placed on 

the period of time that the analyst can serve under the 

grant. 

(4) CONSTRUCTION.— 

(A) * * * 

(B) EXCEPTIONS.— 

(i) IN GENERAL.—Notwithstanding subparagraph (A), 

nothing in this paragraph shall prohibit the use of a 

grant awarded under section 2003 or 2004 to achieve 

target capabilities related to øpreventing, preparing 

for, protecting against, or responding to¿ preventing or 

protecting against acts of terrorism, including through 

the alteration or remodeling of existing buildings for 

the purpose of making such buildings secure against 

acts of terrorism. 

(ii) REQUIREMENTS FOR EXCEPTION.—No grant 

awarded under section 2003 or 2004 may be used for 

a purpose described in clause (i) unless— 

(I) specifically approved by the øAdministrator¿ 

Secretary; 

* * * * * * * 

(d) REIMBURSEMENT OF COSTS.— 


tjames on DSKG8SOYB1PROD with HEARING
71 

(1) * * * 

(2) PERFORMANCE OF FEDERAL DUTY.—An applicant for a 

grant under section 2003 or 2004 may petition the øAdministrator¿ Secretary to use the funds from its grants under those 

sections for the reimbursement of the cost of any activity relating to øpreventing, preparing for, protecting against, or responding to¿ preventing or protecting against acts of terrorism 

that is a Federal duty and usually performed by a Federal 

agency, and that is being performed by a State or local government under agreement with a Federal agency. 

(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT

FUNDS.—Upon request by the recipient of a grant under section 

2003 or 2004, the øAdministrator¿ Secretary may authorize the 

grant recipient to transfer all or part of the grant funds from uses 

specified in the grant agreement to other uses authorized under 

this section, if the øAdministrator¿ Secretary determines that such 

transfer is in the interests of homeland security. 

* * * * * * * 

Subtitle B—Grants Administration 

SEC. 2021. ADMINISTRATION AND COORDINATION. 

ø(a) REGIONAL COORDINATION.—The Secretary shall ensure 

that— 

ø(1) all recipients of grants administered by the Department 

to prevent, prepare for, protect against, or respond to natural 

disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title 

V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 

coordinate, as appropriate, their prevention, preparedness, and 

protection efforts with neighboring State, local, and tribal governments; and 

ø(2) all high-risk urban areas and other recipients of grants 

administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, 

or other man-made disasters (excluding assistance provided 

under section 203, title IV, or title V of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 

5170 et seq., and 5191 et seq.)) that include or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, 

through the use of regional working groups and requirements 

for regional plans.¿ 

(a) REGIONAL COORDINATION.—The Secretary shall ensure that— 

(1) all recipients of grants administered by the Department to 

prevent and protect against acts of terrorism coordinate, as appropriate, their prevention and protection efforts with neighboring State, local, and tribal governments; and 

(2) all high-risk urban areas and other recipients of grants 

administered by the Department to prevent and protect against 

acts of terrorism that include or substantially affect parts or all 

of more than 1 State coordinate, as appropriate, across State 


tjames on DSKG8SOYB1PROD with HEARING
72 

boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans. 

* * * * * * * 

(c) INTERAGENCY COORDINATION.— 

(1) IN GENERAL.—Not later than 12 months after the date of 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the Secretary ø(acting through the 

Administrator)¿, the Attorney General, the Secretary of Health 

and Human Services, and the heads of other agencies providing assistance to State, local, and tribal governments for 

preventing, preparing for, protecting against, and responding 

to natural disasters, acts of terrorism, and other man-made 

disasters, shall jointly— 

(A) * * * 

* * * * * * * 

(d) SENSE OF CONGRESS.—It is the sense of Congress that, in 

order to ensure that the Nation is most effectively able to prevent, 

prepare for, protect against, and respond to all hazards, including 

natural disasters, acts of terrorism, and other man-made disasters— 

(1) the øDepartment¿ Federal Government should administer 

a coherent and coordinated system of both terrorism-focused 

and all-hazards grants; 

* * * * * * * 

SEC. 2022. ACCOUNTABILITY. 

(a) AUDITS OF GRANT PROGRAMS.— 

(1) COMPLIANCE REQUIREMENTS.— 

(A) AUDIT REQUIREMENT.—Each recipient of a grant administered by the Department that expends not less than 

$500,000 in Federal funds during its fiscal year shall submit to the øAdministrator¿ Secretary a copy of the organization-wide financial and compliance audit report required 

under chapter 75 of title 31, United States Code. 

* * * * * * * 

(C) IMPROPER PAYMENTS.—Consistent with the Improper 

Payments Information Act of 2002 (31 U.S.C. 3321 note), 

for each of the grant programs under sections 2003 and 

2004 of this title and section 662 of the Post-Katrina 

Emergency Management Reform Act of 2006 (6 U.S.C. 

762), the øAdministrator¿ Secretary shall specify policies 

and procedures for— 

(i) * * * 

* * * * * * * 

(2) AGENCY PROGRAM REVIEW.— 

ø(A) IN GENERAL.—Not less than once every 2 years, the 

Secretary shall conduct, for each State and high-risk urban 

area receiving a grant administered by the Department, a 

programmatic and financial review of all grants awarded 

by the Department to prevent, prepare for, protect against, 

or respond to natural disasters, acts of terrorism, or other 

man-made disasters, excluding assistance provided under 

section 203, title IV, or title V of the Robert T. Stafford 


tjames on DSKG8SOYB1PROD with HEARING
73 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5133, 5170 et seq., and 5191 et seq.).¿ 

(A) IN GENERAL.—Not less than once every 2 years, the 

Secretary shall conduct, for each State and high-risk urban 

area receiving a grant administered by the Department, a 

programmatic and financial review of all grants awarded 

by the Department to prevent or protect against acts of terrorism. 

(B) CONTENTS.—Each review under subparagraph (A) 

shall, at a minimum, examine— 

(i) * * * 

(ii) the extent to which funds awarded enhanced the 

ability of a grantee øto prevent, prepare for, protect 

against, and respond to natural disasters, acts of terrorism, and other man-made disasters¿ to prevent and 

protect against acts of terrorism. (C) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

any other amounts authorized to be appropriated to the 

øAdministrator¿ Secretary, there are authorized to be appropriated to the øAdministrator¿ Secretary for reviews 

under this paragraph— 

(i) * * * 

* * * * * * * 

(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE AUDITS.— 

ø(A) IN GENERAL.—In order to ensure the effective and 

appropriate use of grants administered by the Department, 

the Inspector General of the Department each year shall 

conduct audits of a sample of States and high-risk urban 

areas that receive grants administered by the Department 

to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title 

IV, or title V of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., 

and 5191 et seq.).¿ 

(A) IN GENERAL.—In order to ensure the effective and appropriate use of grants administered by the Department, 

the Inspector General of the Department each year shall 

conduct audits of a sample of States and high-risk urban 

areas that receive grants administered by the Department 

to prevent or protect against acts of terrorism. 

(B) DETERMINING SAMPLES.—The sample selected for audits under subparagraph (A) shall be— 

(i) * * * 

(ii) selected based on— 

(I) * * * 

* * * * * * * 

(III) concerns identified by the øAdministrator¿ 

Secretary, including referrals from the øAdministrator¿ Secretary; and 

* * * * * * * 

(D) REPORT BY THE INSPECTOR GENERAL.— 

(i) * * * 


tjames on DSKG8SOYB1PROD with HEARING
74 

(ii) CONTENTS.—Each report submitted under clause 

(i) shall describe, for the fiscal year before the date of 

that report— 

(I) * * * 

* * * * * * * 

(IV) the extent to which funds awarded enhanced the ability of a grantee øto prevent, prepare for, protect against, and respond to natural 

disasters, acts of terrorism and other man-made 

disasters¿ to prevent and protect against acts of 

terrorism. 

* * * * * * * 

(F) PROVISION OF INFORMATION TO øADMINISTRATOR¿ 

SECRETARY.—The Inspector General of the Department 

shall provide to the øAdministrator¿ Secretary any findings and recommendations from audits conducted under 

subparagraph (A). 

* * * * * * * 

(4) PERFORMANCE ASSESSMENT.—In order to ensure that 

States and high-risk urban areas are using grants administered by the Department appropriately to meet target capabilities and preparedness priorities, the øAdministrator¿ Secretary 

shall— 

(A) * * * 

* * * * * * * 

(D) ensure that each State receiving a grant administered by the Department submits a report to the øAdministrator¿ Secretary on its level of preparedness, as required 

by section 652(c) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)). 

(5) CONSIDERATION OF ASSESSMENTS.—In conducting program reviews and performance audits under paragraphs (2) 

and (3), the øAdministrator¿ Secretary and the Inspector General of the Department shall take into account the performance 

assessment elements required under paragraph (4). 

(6) RECOVERY AUDITS.—The øAdministrator¿ Secretary shall 

conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 

3561 of title 31, United States Code) for any grant administered by the Department with a total value of not less than 

$1,000,000, if the øAdministrator¿ Secretary finds that— 

(A) * * * 

* * * * * * * 

(7) REMEDIES FOR NONCOMPLIANCE.— 

(A) IN GENERAL.—If, as a result of a review or audit 

under this subsection or otherwise, the øAdministrator¿ 

Secretary finds that a recipient of a grant under this title 

has failed to substantially comply with any provision of 

law or with any regulations or guidelines of the Department regarding eligible expenditures, the øAdministrator¿ 

Secretary shall— 


tjames on DSKG8SOYB1PROD with HEARING
75 

(i) * * * 

* * * * * * * 

(v) take such other action as the øAdministrator¿ 

Secretary determines appropriate. 

(B) DURATION OF PENALTY.—The øAdministrator¿ Secretary shall apply an appropriate penalty under subparagraph (A) until such time as the øAdministrator¿ Secretary 

determines that the grant recipient is in full compliance 

with the law and with applicable guidelines or regulations 

of the Department. 

(b) REPORTS BY GRANT RECIPIENTS.— 

(1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING.— 

(A) IN GENERAL.—As a condition of receiving a grant 

under section 2003 or 2004, a State, high-risk urban area, 

or directly eligible tribe shall, not later than 30 days after 

the end of each Federal fiscal quarter, submit to the øAdministrator¿ Secretary a report on activities performed 

using grant funds during that fiscal quarter. 

* * * * * * * 

(c) REPORTS øBY THE ADMINISTRATOR¿.— 

(1) * * * 

(2) RISK ASSESSMENT.— 

(A) IN GENERAL.—For each fiscal year, the øAdministrator¿ Secretary shall provide to the appropriate committees of Congress a detailed and comprehensive explanation 

of the methodologies used to calculate risk and compute 

the allocation of funds for grants administered by the Department, including— 

(i) * * * 

* * * * * * * 

(3) TRIBAL FUNDING REPORT.—At the end of each fiscal year, 

the øAdministrator¿ Secretary shall submit to the appropriate 

committees of Congress a report setting forth the amount of 

funding provided during that fiscal year to Indian tribes under 

any grant program administered by the Department, whether 

provided directly or through a subgrant from a State or highrisk urban area. 

* * * * * * * 

(d) ADMINISTRATION OF GRANTS.—The Secretary may request the 

Administrator to continue to support the administration of any 

grant authorized by this title. 

POST-KATRINA EMERGENCY MANAGEMENT REFORM 

ACT OF 2006 

* * * * * * * 

TITLE VI—NATIONAL EMERGENCY 

MANAGEMENT 

* * * * * * * 


tjames on DSKG8SOYB1PROD with HEARING
76 

Subtitle B—Personnel Provisions 

CHAPTER 1—FEDERAL EMERGENCY MANAGEMENT 

AGENCY PERSONNEL 

* * * * * * * 

SEC. 624. SURGE CAPACITY FORCE. 

(a) * * * 

(b) EMPLOYEES DESIGNATED TO SERVE.—The plan shall include 

procedures under which the øSecretary¿ Administrator shall designate employees øof the Department¿ who are not employees of 

the Agency and shall, in conjunction with the heads of other Executive agencies, designate employees of those other Executive agencies, as appropriate, to serve on the Surge Capacity Force. 

(c) CAPABILITIES.—The plan shall ensure that the Surge Capacity 

Force— 

(1) includes a sufficient number of individuals credentialed 

in accordance with øsection 510 of the Homeland Security Act 

of 2002, as amended by this Act,¿ section 203 of the FEMA 

Independence Act of 2009 that are capable of deploying rapidly 

and efficiently after activation to prepare for, respond to, and 

recover from natural disasters, acts of terrorism, and other 

man-made disasters, including catastrophic incidents; and 

(2) includes a sufficient number of full-time, highly trained 

individuals credentialed in accordance with øsection 510 of the 

Homeland Security Act of 2002, as amended by this Act,¿ section 203 of the FEMA Independence Act of 2009 to lead and 

manage the Surge Capacity Force. 

* * * * * * * 

CHAPTER 2—EMERGENCY MANAGEMENT CAPABILITIES 

* * * * * * * 

SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS. 

(a) MEASURES TO IMPROVE INFORMATION TECHNOLOGY SYSTEMS.—The Administratorø, in coordination with the Chief Information Officer of the Department,¿ shall take appropriate measures to update and improve the information technology systems of 

the Agency, including measures to— 

(1) * * * 

* * * * * * * 

Subtitle C—Comprehensive Preparedness 

System 

CHAPTER 1—NATIONAL PREPAREDNESS SYSTEM 

SEC. 641. DEFINITIONS. 

In this chapter: 

(1) * * * 

(2) CREDENTIALED; CREDENTIALING.—The terms 

‘‘credentialed’’ and ‘‘credentialing’’ have the meanings given 

those terms in øsection 501 of the Homeland Security Act of 


tjames on DSKG8SOYB1PROD with HEARING
77 

2002 (6 U.S.C. 311)¿ section 203 of the FEMA Independence Act 

of 2009. 

* * * * * * * 

(14) TYPED; TYPING.—The terms ‘‘typed’’ and ‘‘typing’’ have 

the meanings given those terms in øsection 501 of the Homeland Security Act of 2002 (6 U.S.C. 311)¿ section 203 of the 

FEMA Independence Act of 2009. 

* * * * * * * 

SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY. 

(a) * * * 

(b) CONTENTS.—For each Federal agency with responsibilities 

under the National Response Plan, the inventory shall include— 

(1) * * * 

(2) a list of personnel credentialed in accordance with øsection 510 of the Homeland Security Act of 2002 (6 U.S.C. 320)¿ 

section 203 of the FEMA Independence Act of 2009; 

(3) a list of resources typed in accordance with øsection 510 

of the Homeland Security Act of 2002 (6 U.S.C. 320)¿ section 

203 of the FEMA Independence Act of 2009; and 

* * * * * * * 

SEC. 653. FEDERAL PREPAREDNESS. 

(a) AGENCY RESPONSIBILITY.—In support of the national preparedness system, the President shall ensure that each Federal 

agency with coordinating, primary, or supporting responsibilities 

under the National Response Plan— 

(1) * * * 

(2) complies with the National Incident Management System, including credentialing of personnel and typing of resources likely needed to respond to a natural disaster, act of 

terrorism, or other man-made disaster in accordance with øsection 510 of the Homeland Security Act of 2002 (6 U.S.C. 320)¿ 

section 203 of the FEMA Independence Act of 2009; 

* * * * * * * 

Subtitle E—Stafford Act Amendments 

* * * * * * * 

SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY. 

(a) IN GENERAL.—The Administrator, in coordination with the 

Secretary of Housing and Urban Development, the Administrator 

of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Treasury, 

the Secretary of Transportation, the Administrator of the Small 

Business Administration, the Assistant Secretary for Indian Affairs 

of the Department of the Interior, the Secretary, and the heads of 

other appropriate Federal agencies, State, local, and tribal government officials (including through the National Advisory Council), 

and representatives of appropriate nongovernmental organizations 

shall develop, coordinate, and maintain a National Disaster RecovVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
78 

ery Strategy to serve as a guide to recovery efforts after major disasters and emergencies. 

* * * * * * * 

SEC. 689. INDIVIDUALS WITH DISABILITIES. 

(a) GUIDELINES.—Not later than 90 days after the date of enactment of this Act, and in coordination with the National Advisory 

Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 

note), and the Disability Coordinator (established under øsection 

513 of the Homeland Security Act of 2002, as added by this Act¿ 

section 204 of the FEMA Independence Act of 2009), the Administrator shall develop guidelines to accommodate individuals with 

disabilities, which shall include guidelines for— 

(1) * * * 

* * * * * * * 

Subtitle F—Prevention of Fraud, Waste, 

and Abuse 

* * * * * * * 

SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 

(a) REGULATIONS.—The øSecretary¿ Administrator shall promulgate regulations applicable to contracts described in subsection (c) 

to minimize the excessive use by contractors of subcontractors or 

tiers of subcontractors to perform the principal work of the contract. 

(b) SPECIFIC REQUIREMENT.—At a minimum, the regulations promulgated under subsection (a) shall preclude a contractor from 

using subcontracts for more than 65 percent of the cost of the contract or the cost of any individual task or delivery order (not including overhead and profit), unless the øSecretary¿ Administrator 

determines that such requirement is not feasible or practicable. 

(c) COVERED CONTRACTS.—This section applies to any cost-reimbursement type contract or task or delivery order in an amount 

greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 

403)) entered into by the øDepartment¿ Agency to facilitate response to or recovery from a natural disaster or act of terrorism or 

other man-made disaster. 

* * * * * * * 

SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 

CONTRACTS. 

(a) REGULATIONS.—The øSecretary¿ Administrator shall promulgate regulations applicable to contracts described in subsection (c) 

to restrict the contract period of any such contract entered into 

using procedures other than competitive procedures pursuant to 

the exception provided in paragraph (2) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

253(c)) to the minimum contract period necessary— 


tjames on DSKG8SOYB1PROD with HEARING
79 

(1) * * * 

* * * * * * * 

(b) SPECIFIC CONTRACT PERIOD.—The regulations promulgated 

under subsection (a) shall require the contract period to not to exceed 150 days, unless the øSecretary¿ Administrator determines 

that exceptional circumstances apply. 

(c) COVERED CONTRACTS.—This section applies to any contract in 

an amount greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403)) entered into by the øDepartment¿ Agency to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster. 

* * * * * * * 

TITLE 31, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—GENERAL 

* * * * * * * 

CHAPTER 9—AGENCY CHIEF FINANCIAL OFFICERS 

* * * * * * * 

§ 901. Establishment of agency Chief Financial Officers 

(a) * * * 

(b)(1) * * * 

(2) The agencies referred to in subsection (a)(2) are the following: 

(A) * * * 

* * * * * * * 

(H) The Federal Emergency Management Agency. 

* * * * * * * 

INSPECTOR GENERAL ACT OF 1978 

* * * * * * * 

DEFINITIONS

SEC. 12. As used in this Act— 

(1) the term ‘‘head of the establishment’’ means the Secretary of Agriculture, Commerce, Defense, Education, Energy, 

Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, Homeland Security, or the Treasury; the Attorney General; the Administrator of the Agency for International Development, Environmental Protection, General Services, National Aeronautics and 

Space, or Small Business, or Veterans’ Affairs; the øDirector of 

the Federal Emergency Management Agency¿ Administrator of 

the Federal Emergency Management Agency, or the Office of 

Personnel Management; the Chairman of the Nuclear ReguVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00079 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
80 

latory Commission or the Railroad Retirement Board; the 

Chairperson of the Thrift Depositor Protection Oversight 

Board; the Chief Executive Officer of the Corporation for National and Community Service; the Administrator of the Community Development Financial Institutions Fund; the chief executive officer of the Resolution Trust Corporation; the Chairperson of the Federal Deposit Insurance Corporation; the Commissioner of Social Security, Social Security Administration; 

the Director of the Federal Housing Finance Agency; the Board 

of Directors of the Tennessee Valley Authority; the President 

of the Export-Import Bank; or the Federal Cochairpersons of 

the Commissions established under section 15301 of title 40, 

United States Code; as the case may be; 

* * * * * * * 

ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Robert T. Stafford Disaster Relief 

and Emergency Assistance Act’’. 

* * * * * * * 

TITLE II—DISASTER PREPAREDNESS 

AND MITIGATION ASSISTANCE 

* * * * * * * 

SEC. 204. INTERAGENCY TASK FORCE. 

(a) * * * 

(b) CHAIRPERSON.—The øDirector¿ Administrator of the Federal 

Emergency Management Agency shall serve as the chairperson of 

the task force. 

* * * * * * * 

TITLE III—MAJOR DISASTER AND 

EMERGENCY ASSISTANCE ADMINISTRATION 

* * * * * * * 

SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. . 

(a) * * * 

(b) EMERGENCY RESPONSE TEAMS.— 

(1) ESTABLISHMENT.—In carrying out subsection (a), the 

President, acting through the øDirector¿ Administrator of the 

Federal Emergency Management Agency, shall establish— 

(A) * * * 

* * * * * * * 

(2) TARGET CAPABILITY LEVEL.—The øDirector¿ Administrator shall ensure that specific target capability levels, as deVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00080 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
81 

fined pursuant to the guidelines established under section 

646(a) of the Post-Katrina Emergency Management Reform Act 

of 2006, are established for Federal emergency response teams. 

(3) PERSONNEL.—The President, acting through the øDirector¿ Administrator, shall ensure that the Federal emergency 

response teams consist of adequate numbers of properly 

planned, organized, equipped, trained, and exercised personnel 

to achieve the established target capability levels. Each emergency response team shall work in coordination with State and 

local officials and onsite personnel associated with a particular 

incident. 

(4) READINESS REPORTING.—The øDirector¿ Administrator 

shall evaluate team readiness on a regular basis and report 

team readiness levels in the report required under section 

652(a) of the Post-Katrina Emergency Management Reform Act 

of 2006. 

* * * * * * * 

SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. 

(a) * * * 

* * * * * * * 

(c) DUTIES.—The Small State and Rural Advocate shall— 

(1) * * * 

* * * * * * * 

(3) conduct such other activities as the øDirector¿ Administrator of the Federal Emergency Management Agency considers appropriate. 

TITLE IV—MAJOR DISASTER 

ASSISTANCE PROGRAMS 

* * * * * * * 

SEC. 404. HAZARD MITIGATION. 

(a) * * * 

(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.— 

(1) GENERAL AUTHORITY.—In providing hazard mitigation assistance under this section in connection with flooding, the 

øDirector¿ Administrator of the Federal Emergency Management Agency may provide property acquisition and relocation 

assistance for projects that meet the requirements of paragraph (2). 

(2) TERMS AND CONDITIONS.—An acquisition or relocation 

project shall be eligible to receive assistance pursuant to paragraph (1) only if— 

(A) * * * 

(B) on or after the date of enactment of this subsection, 

the applicant for the assistance enters into an agreement 

with the øDirector¿ Administrator that provides assurances that— 

(i) * * * 

(ii) no new structure will be erected on property acquired, accepted or from which a structure was reVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00081 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
82 

moved under the acquisition or relocation program 

other than— 

(I) * * * 

* * * * * * * 

(III) a structure that the øDirector¿ Administrator approves in writing before the commencement of the construction of the structure; and 

* * * * * * * 

SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 

FACILITIES. 

(a) * * * 

* * * * * * * 

(c) LARGE IN-LIEU CONTRIBUTIONS.— (1) FOR PUBLIC FACILITIES.— (A) * * * 

* * * * * * * 

(C) LIMITATIONS.—Funds made available to a State or 

local government under this paragraph may not be used 

for— 

(i) * * * 

(ii) any uninsured public facility located in a special 

flood hazard area identified by the øDirector¿ Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 

U.S.C. 4001 et seq.). 

(2) FOR PRIVATE NONPROFIT FACILITIES.— (A) * * * 

* * * * * * * 

(C) LIMITATIONS.—Funds made available to a person 

under this paragraph may not be used for— 

(i) * * * 

(ii) any uninsured private nonprofit facility located 

in a special flood hazard area identified by the øDirector¿ Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.). 

(d) FLOOD INSURANCE.— (1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facility 

or private nonprofit facility located in a special flood hazard 

area identified for more than 1 year by the øDirector¿ Administrator pursuant to the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 

180th day following the date of the enactment of the Disaster 

Relief and Emergency Assistance Amendments of 1988, by 

flooding in a major disaster and such facility is not covered on 

the date of such flooding by flood insurance, the Federal assistance which would otherwise be available under this section 

with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced 

in accordance with paragraph (2). 

* * * * * * * 

(e) ELIGIBLE COST.— 


tjames on DSKG8SOYB1PROD with HEARING
83 

(1) * *

* * * * * * * 

(3) EXPERT PANEL.— 

(A) ESTABLISHMENT.—Not later than 18 months after 

the date of the enactment of this paragraph, the President, 

acting through the øDirector¿ Administrator of the Federal 

Emergency Management Agency, shall establish an expert 

panel, which shall include representatives from the construction industry and State and local government. 

* * * * * * * 

TITLE VI—EMERGENCY PREPAREDNESS 

* * * * * * * 

SEC. 602. DEFINITIONS. 

(a) DEFINITIONS.—For purposes of this title only: 

(1) * * * 

* * * * * * * 

(4) ORGANIZATIONAL EQUIPMENT.—The term ‘‘organizational 

equipment’’ means equipment determined by the øDirector¿ 

Administrator to be necessary to an emergency preparedness 

organization, as distinguished from personal equipment, and of 

such a type or nature as to require it to be financed in whole 

or in part by the Federal Government. Such term does not include those items which the local community normally uses in 

combating local disasters, except when required in unusual 

quantities dictated by the requirements of the emergency preparedness plans. 

* * * * * * * 

ø(7) DIRECTOR.—The term ‘‘ Administrator’’ means the Administrator of the Federal Emergency Management Agency.¿ 

(7) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Emergency Management Agency. 

* * * * * * * 

SEC. 603. ADMINISTRATION OF TITLE. 

This title shall be carried out by the øDirector¿ Administrator of 

the Federal Emergency Management Agency. 

Subtitle A—Powers and Duties 

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION. 

(a) IN GENERAL.—In order to carry out the policy described in 

section 601, the øDirector¿ Administrator shall have the authorities provided in this section. 

(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—The 

øDirector¿ Administrator may prepare Federal response plans and 

programs for the emergency preparedness of the United States and 

sponsor and direct such plans and programs. To prepare such plans 

and programs and coordinate such plans and programs with State 

efforts, the øDirector¿ Administrator may request such reports on 


tjames on DSKG8SOYB1PROD with HEARING
84 

State plans and operations for emergency preparedness as may be 

necessary to keep the President, Congress, and the States advised 

of the status of emergency preparedness in the United States. 

(c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBIL- ITIES.—With the approval of the President, the øDirector¿ Administrator may delegate to other departments and agencies of the Federal Government appropriate emergency preparedness responsibilities and review and coordinate the emergency preparedness activities of the departments and agencies with each other and with the 

activities of the States and neighboring countries. 

(d) COMMUNICATIONS AND WARNINGS.—The øDirector¿ Administrator may make appropriate provision for necessary emergency 

preparedness communications and for dissemination of warnings to 

the civilian population of a hazard. 

(e) EMERGENCY PREPAREDNESS MEASURES.—The øDirector¿ Administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and property, including— 

(1) * * * 

* * * * * * * 

(f) TRAINING PROGRAMS.—(1) The øDirector¿ Administrator 

may— 

(A) * * * 

(B) conduct or operate schools or including the payment of 

travel expenses, in accordance with subchapter I of chapter 57 

of title 5, United States Code, and the Standardized Government Travel Regulations, and per diem allowances, in lieu of 

subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms 

prescribed by the øDirector¿ Administrator; and 

* * * * * * * 

(2) The terms prescribed by the øDirector¿ Administrator for the 

payment of travel expenses and per diem allowances authorized by 

this subsection shall include a provision that such payment shall 

not exceed one-half of the total cost of such expenses. 

(3) The øDirector¿ Administrator may lease real property required for the purpose of carrying out this subsection, but may not 

acquire fee title to property unless specifically authorized by law. 

(g) PUBLIC DISSEMINATION OF EMERGENCY PREPAREDNESS INFORMATION.—The øDirector¿ Administrator may publicly disseminate 

appropriate emergency preparedness information by all appropriate 

means. 

(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The øDirector¿ 

Administrator shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism, 

disasters, and emergencies throughout the Nation, by— 

(A) * * * 

* * * * * * * 

(2) The øDirector¿ Administrator may— 

(A) * * * 

* * * * * * * 

(i) MATERIALS AND FACILITIES.—(1) The øDirector¿ Administrator 

may procure by condemnation or otherwise, construct, lease, transVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00084 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
85 

port, store, maintain, renovate or distribute materials and facilities 

for emergency preparedness, with the right to take immediate possession thereof. 

* * * * * * * 

(3) The øDirector¿ Administrator may lease real property required for the purpose of carrying out the provisions of this subsection, but shall not acquire fee title to property unless specifically 

authorized by law. 

(4) The øDirector¿ Administrator may procure and maintain 

under this subsection radiological, chemical, bacteriological, and biological agent monitoring and decontamination devices and distribute such devices by loan or grant to the States for emergency 

preparedness purposes, under such terms and conditions as the 

øDirector¿ Administrator shall prescribe. 

(j) FINANCIAL CONTRIBUTIONS.—(1) The øDirector¿ Administrator 

may make financial contributions, on the basis of programs or 

projects approved by the øDirector¿ Administrator, to the States 

for emergency preparedness purposes, including the procurement, 

construction, leasing, or renovating of materials and facilities. Such 

contributions shall be made on such terms or conditions as the øDirector¿ Administrator shall prescribe, including the method of purchase, the quantity, quality, or specifications of the materials or facilities, and such other factors or care or treatment to assure the 

uniformity, availability, and good condition of such materials or facilities. 

(2) The øDirector¿ Administrator may make financial contributions, on the basis of programs or projects approved by the øDirector¿ Administrator, to the States and local authorities for animal 

emergency preparedness purposes, including the procurement, construction, leasing, or renovating of emergency shelter facilities and 

materials that will accommodate people with pets and service animals. 

* * * * * * * 

(4) The amounts authorized to be contributed by the øDirector¿ 

Administrator to each State for organizational equipment shall be 

equally matched by such State from any source it determines is 

consistent with its laws. 

(5) Financial contributions to the States for shelters and other 

protective facilities shall be determined by taking the amount of 

funds appropriated or available to the øDirector¿ Administrator for 

such facilities in each fiscal year and apportioning such funds 

among the States in the ratio which the urban population of the 

critical target areas (as determined by the øDirector¿ Administrator) in each State, at the time of the determination, bears to the 

total urban population of the critical target areas of all of the 

States. 

(6) The amounts authorized to be contributed by the øDirector¿ 

Administrator to each State for such shelters and protective facilities shall be equally matched by such State from any source it determines is consistent with its laws and, if not matched within a 

reasonable time, the øDirector¿ Administrator may reallocate such 

amounts to other States under the formula described in paragraph 

(4). The value of any land contributed by any State or political subVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00085 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
86 

division thereof shall be excluded from the computation of the 

State share under this subsection. 

(7) The amounts paid to any State under this subsection shall be 

expended solely in carrying out the purposes set forth herein and 

in accordance with State emergency preparedness programs or 

projects approved by the øDirector¿ Administrator. The øDirector¿ 

Administrator shall make no contribution toward the cost of any 

program or project for the procurement, construction, or leasing of 

any facility which (A) is intended for use, in whole or in part, for 

any purpose other than emergency preparedness, and (B) is of such 

kind that upon completion it will, in the judgment of the øDirector¿ 

Administrator, be capable of producing sufficient revenue to provide reasonable assurance of the retirement or repayment of such 

cost; except that (subject to the preceding provisions of this subsection) the øDirector¿ Administrator may make a contribution to 

any State toward that portion of the cost of the construction, reconstruction, or enlargement of any facility which the øDirector¿ Administrator determines to be directly attributable to the incorporation in such facility of any feature of construction or design not necessary for the principal intended purpose thereof but which is, in 

the judgment of the øDirector¿ Administrator necessary for the use 

of such facility for emergency preparedness purposes. 

(8) The øDirector¿ Administrator shall submit to Congress a report, at least annually, regarding all contributions made pursuant 

to this subsection. 

(9) All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with 

the assistance of any contribution of Federal funds made by the 

øDirector¿ Administrator under this subsection shall be paid wages 

at rates not less than those prevailing on similar construction in 

the locality as determined by the Secretary of Labor in accordance 

with the Act of March 3, 1931 (commonly known as the DavisBacon Act (40 U.S.C. 276a–276a–5)), and every such employee 

shall receive compensation at a rate not less than one and 1⁄2 times 

the basic rate of pay of the employee for all hours worked in any 

workweek in excess of eight hours in any workday or 40 hours in 

the workweek, as the case may be. The øDirector¿ Administrator 

shall make no contribution of Federal funds without first obtaining 

adequate assurance that these labor standards will be maintained 

upon the construction work. The Secretary of Labor shall have, 

with respect to the labor standards specified in this subsection, the 

authority and functions set forth in Reorganization Plan Numbered 

14 of 1950 (5 U.S.C. App.) and section 2 of the Act of June 13, 1934 

(40 U.S.C. 276(c)). 

(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILITIES.— 

The øDirector¿ Administrator may arrange for the sale or disposal 

of materials and facilities found by the øDirector¿ Administrator to 

be unnecessary or unsuitable for emergency preparedness purposes 

in the same manner as provided for excess property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 

471 et seq.). Any funds received as proceeds from the sale or other 

disposition of such materials and facilities shall be deposited into 

the Treasury as miscellaneous receipts. 


tjames on DSKG8SOYB1PROD with HEARING
87 

SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING 

COUNTRIES. 

The øDirector¿ Administrator shall give all practicable assistance 

to States in arranging, through the Department of State, mutual 

emergency preparedness aid between the States and neighboring 

countries. 

SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE 

EXPENSES. 

(a) GENERAL AUTHORITY.—To further assist in carrying out the 

purposes of this title, the øDirector¿ Administrator may make financial contributions to the States (including interstate emergency 

preparedness authorities established pursuant to section 611(h)) for 

necessary and essential State and local emergency preparedness 

personnel and administrative expenses, on the basis of approved 

plans (which shall be consistent with the Federal emergency response plans for emergency preparedness) for the emergency preparedness of the States. The financial contributions to the States 

under this section may not exceed one-half of the total cost of such 

necessary and essential State and local emergency preparedness 

personnel and administrative expenses. 

(b) PLAN REQUIREMENTS.—A plan submitted under this section 

shall— 

(1) * * * 

* * * * * * * 

(3) provide for the development of State and local emergency 

preparedness operational plans, including a catastrophic incident annex, pursuant to standards approved by the øDirector¿ 

Administrator; 

* * * * * * * 

(5) provide that the State shall make such reports in such 

form and content as the øDirector¿ Administrator may require; 

(6) make available to duly authorized representatives of the 

øDirector¿ Administrator and the Comptroller General, books, 

records, and papers necessary to conduct audits for the purposes of this section; and 

* * * * * * * 

(d) TERMS AND CONDITIONS.—The øDirector¿ Administrator shall 

establish such other terms and conditions as the øDirector¿ Administrator considers necessary and proper to carry out this section. 

* * * * * * * 

(f) ALLOCATION OF FUNDS.—For each fiscal year concerned, the 

øDirector¿ Administrator shall allocate to each State, in accordance 

with regulations and the total sum appropriated under this title, 

amounts to be made available to the States for the purposes of this 

section. Regulations governing allocations to the States under this 

subsection shall give due regard to (1) the criticality of the areas 

which may be affected by hazards with respect to the development 

of the total emergency preparedness readiness of the United States, 

(2) the relative state of development of emergency preparedness 

readiness of the State, (3) population, and (4) such other factors as 

the øDirector¿ Administrator shall prescribe. The øDirector¿ Administrator may reallocate the excess of any allocation not used by 

a State in a plan submitted under this section. Amounts paid to 


tjames on DSKG8SOYB1PROD with HEARING
88 

any State or political subdivision under this section shall be expended solely for the purposes set forth in this section. 

(g) STANDARDS FOR STATE AND LOCAL EMERGENCY PREPARED- NESS OPERATIONAL PLANS.—In approving standards for State and 

local emergency preparedness operational plans pursuant to subsection (b)(3), the øDirector¿ Administrator shall ensure that such 

plans take into account the needs of individuals with household 

pets and service animals prior to, during, and following a major 

disaster or emergency. 

(h) SUBMISSION OF PLAN.—If a State fails to submit a plan for 

approval as required by this section within 60 days after the øDirector¿ Administrator notifies the States of the allocations under 

this section, the øDirector¿ Administrator may reallocate such 

funds, or portions thereof, among the other States in such amounts 

as, in the judgment of the øDirector¿ Administrator, will best assure the adequate development of the emergency preparedness capability of the United States. 

(h) ANNUAL REPORTS.—The øDirector¿ Administrator shall report 

annually to the Congress all contributions made pursuant to this 

section. 

* * * * * * * 

SEC. 616. DISASTER RELATED INFORMATION SERVICES. 

(a) IN GENERAL.—Consistent with section 308(a), the øDirector¿ 

Administrator of Federal Emergency Management Agency shall— 

(1) * * * 

* * * * * * * 

(b) GROUP SIZE.—For purposes of subsection (a), the øDirector¿ 

Administrator of Federal Emergency Management Agency shall define the size of a population group. 

SEC. 617. URBAN AREA ALL HAZARDS PREPAREDNESS GRANT PROGRAM. 

(a) IN GENERAL.—To assist urban areas to prepare for any hazard, the Administrator shall establish an urban area all hazards 

preparedness grant program. 

(b) ELIGIBILITY.—The 100 most populous metropolitan statistical 

areas, as defined by the Office of Management and Budget, shall be 

eligible to receive a grant award under this section. The Administrator may consider additional urban areas for a grant award 

based on criteria established by the Administrator. 

(c) NOTIFICATION AND INFORMATION.—Not later than 30 days before the Administrator accepts applications for the urban area all 

hazards preparedness grant program, the Administrator shall notify 

the chief elected official of each urban area and the Governor of the 

State in which such urban area is located if the urban area is eligible for a grant under this section and provide information regarding the application procedures and grant award criteria. Such notification and information shall also be published in the Federal Register not later than 15 days before the Administrator accepts applications for the grant program. 

(d) APPLICATION.—An urban area eligible under subsection (b) 

may apply to the Administrator for a grant award under this section. Such application shall demonstrate, to the satisfaction of the 

Administrator, that— 


tjames on DSKG8SOYB1PROD with HEARING
89 

(1) the urban area will use funds awarded under this section 

to develop or implement activities that support the emergency 

management goals of the State in which an urban area is located; and 

(2) the State has reviewed the application. 

(e) ALLOCATION OF FUNDS.— 

(1) IN GENERAL.—The Administrator shall allocate funds to 

each State in which an urban area selected to receive a grant 

award under this section is located based on— 

(A) the population of each eligible urban area; 

(B) the relative level of risk of any hazard faced by each 

eligible urban area; and 

(C) other factors as determined appropriate by the Administrator. 

(2) MINIMUM ALLOCATION.—In determining the allocation 

amount under paragraph (1), the Administrator may provide 

each eligible urban area with a minimum allocation. 

(3) STATE DISTRIBUTION OF FUNDS.— 

(A) IN GENERAL.—Not later than 45 days after the date 

on which a State receives a grant award under this section, 

the State shall provide each urban area awarded a grant 

not less than 80 percent of the award amount for such area. 

Any funds retained by a State shall be expended on items, 

services, or activities related to emergency preparedness 

that benefit such urban area for activities described in subsection (f). 

(B) FUNDS RETAINED.—A State shall provide each urban 

area awarded such a grant with an accounting of the 

items, services, or activities on which any funds retained by 

the State under subparagraph (A) were expended. 

(4) INTERSTATE URBAN AREAS.—If an urban area selected to 

receive a grant award under this section is located in 2 or more 

States, the Administrator shall distribute to each such State a 

portion of the grant funds that the Administrator determines to 

be appropriate. 

(f) USES OF FUNDS.—An urban area that receives a grant award 

under this section may use funds only for activities determined by 

the Administrator to enhance the preparedness of an urban area for 

a hazard, and shall include— 

(1) planning; 

(2) purchase and maintenance of equipment; 

(3) training; 

(4) exercises; and 

(5) management and administration. 

(g) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to implement the urban area all hazards preparedness grant program 

under this section. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section— 

(1) $525,000,000 for fiscal year 2010; 

(2) $575,000,000 for fiscal year 2011; and 

(3) $650,000,000 for fiscal year 2012. 


tjames on DSKG8SOYB1PROD with HEARING
90 

Subtitle B—General Provisions 

SEC. 621. ADMINISTRATIVE AUTHORITY. 

(a) IN GENERAL.—For the purpose of carrying out the powers and 

duties assigned to the øDirector¿ Administrator under this title, 

the øDirector¿ Administrator may exercise the administrative authorities provided under this section. 

(b) ADVISORY PERSONNEL.—(1) The øDirector¿ Administrator 

may employ not more than 100 part-time or temporary advisory 

personnel (including not to exceed 25 subjects of the United Kingdom or citizens of Canada) as the øDirector¿ Administrator considers to be necessary in carrying out the provisions of this title. 

(2) Persons holding other offices or positions under the United 

States for which they receive compensation, while serving as advisory personnel, shall receive no additional compensation for such 

service. Other part-time or temporary advisory personnel so employed may serve without compensation or may receive compensation at a rate not to exceed $180 for each day of service, plus authorized subsistence and travel, as determined by the øDirector¿ 

Administrator. (c) SERVICES OF OTHER AGENCY PERSONNEL AND VOLUNTEERS.— The øDirector¿ Administrator may— 

(1) * * * 

* * * * * * * 

(d) GIFTS.—Notwithstanding any other provision of law, the øDirector¿ Administrator may accept gifts of supplies, equipment, and 

facilities and may use or distribute such gifts for emergency preparedness purposes in accordance with the provisions of this title. 

(e) REIMBURSEMENT.—The øDirector¿ Administrator may reimburse any Federal agency for any of its expenditures or for compensation of its personnel and use or consumption of its materials 

and facilities under this title to the extent funds are available. 

(f) PRINTING.—The øDirector¿ Administrator may purchase such 

printing, binding, and blank-book work from public, commercial, or 

private printing establishments or binderies as the øDirector¿ Administrator considers necessary upon orders placed by the Public 

Printer or upon waivers issued in accordance with section 504 of 

title 44, United States Code. 

(g) RULES AND REGULATIONS.—The øDirector¿ Administrator 

may prescribe such rules and regulations as may be necessary and 

proper to carry out any of the provisions of this title and perform 

any of the powers and duties provided by this title. The øDirector¿ 

Administrator may perform any of the powers and duties provided 

by this title through or with the aid of such officials of the Federal 

Emergency Management Agency as the øDirector¿ Administrator 

may designate. 

(h) FAILURE TO EXPEND CONTRIBUTIONS CORRECTLY.—(1) When, 

after reasonable notice and opportunity for hearing to the State or 

other person involved, the øDirector¿ Administrator finds that 

there is a failure to expend funds in accordance with the regulations, terms, and conditions established under this title for approved emergency preparedness plans, programs, or projects, the 

øDirector¿ Administrator may notify such State or person that further payments will not be made to the State or person from approVerDate Nov 24 2008 05:44 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00090 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
91 

priations under this title (or from funds otherwise available for the 

purposes of this title for any approved plan, program, or project 

with respect to which there is such failure to comply) until the øDirector¿ Administrator is satisfied that there will no longer be any 

such failure. 

(2) Until so satisfied, the øDirector¿ Administrator shall either 

withhold the payment of any financial contribution to such State 

or person or limit payments to those programs or projects with respect to which there is substantial compliance with the regulations, 

terms, and conditions governing plans, programs, or projects hereunder. 

* * * * * * * 

SEC. 622. SECURITY REGULATIONS. 

(a) ESTABLISHMENT.—The øDirector¿ Administrator shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as the øDirector¿ Administrator considers necessary. 

* * * * * * * 

(c) NATIONAL SECURITY POSITIONS.—No employee of the Federal 

Emergency Management Agency shall occupy any position determined by the øDirector¿ Administrator to be of critical importance 

from the standpoint of national security until a full field investigation concerning such employee shall have been conducted by the 

Director of the Office of Personnel Management and a report thereon shall have been evaluated in writing by the øDirector¿ Administrator of the Federal Emergency Management Agency. In the event 

such full field investigation by the Director of the Office of Personnel Management develops any data reflecting that such applicant for a position of critical importance is of questionable loyalty 

or reliability for security purposes, or if the øDirector¿ Administrator of the Federal Emergency Management Agency for any other 

reason considers it to be advisable, such investigation shall be discontinued and a report thereon shall be referred to the øDirector¿ 

Administrator of the Federal Emergency Management Agency for 

evaluation in writing. Thereafter, the øDirector¿ Administrator of 

the Federal Emergency Management Agency may refer the matter 

to the Federal Bureau of Investigation for the conduct of a full field 

investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the øDirector¿ Administrator of the Federal Emergency Management Agency for action. 

(d) EMPLOYEE OATHS.—Each Federal employee of the Federal 

Emergency Management Agency acting under the authority of this 

title, except the subjects of the United Kingdom and citizens of 

Canada specified in section 621(b), shall execute the loyalty oath or 

appointment affidavits prescribed by the øDirector¿ Administrator 

of the Office of Personnel Management. Each person other than a 

Federal employee who is appointed to serve in a State or local organization for emergency preparedness shall before entering upon 

duties, take an oath in writing before a person authorized to administer oaths, which oath shall be substantially as follows: I, 

—————, do solemnly swear (or affirm) that I will support and 

defend the Constitution of the United States against all enemies, 

foreign and domestic; that I will bear true faith and allegiance to 

the same; that I take this obligation freely, without any mental resVerDate Nov 24 2008 06:35 Apr 14, 2010 Jkt 089006 PO 00000 Frm 00091 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

tjames on DSKG8SOYB1PROD with HEARING
92 

ervation or purpose of evasion; and that I will well and faithfully 

discharge the duties upon which I am about to enter.And I do further swear (or affirm) that I do not advocate, nor am I a member 

or an affiliate of any organization, group, or combination of persons 

that advocates the overthrow of the Government of the United 

States by force or violence; and that during such time as I am a 

member of ————— (name of emergency preparedness organization), I will not advocate nor become a member or an affiliate of 

any organization, group, or combination of persons that advocates 

the overthrow of the Government of the United States by force or 

violence.’’ After appointment and qualification for office, the director of emergency preparedness of any State, and any subordinate 

emergency preparedness officer within such State designated by 

the director in writing, shall be qualified to administer any such 

oath within such State under such regulations as the director shall 

prescribe. Any person who shall be found guilty of having falsely 

taken such oath shall be punished as provided in section 1621 of 

title 18, United States Code. 

SEC. 623. USE OF EXISTING FACILITIES. 

In performing duties under this title, the øDirector¿ Administrator— 

(1) * * * 

* * * * * * * 

(3) shall refrain from engaging in any form of activity which 

would duplicate or parallel activity of any other Federal department or agency unless the øDirector¿ Administrator, with 

the written approval of the President, shall determine that 

such duplication is necessary to accomplish the purposes of 

this title. 

SEC. 624. ANNUAL REPORT TO CONGRESS. 

The øDirector¿ Administrator shall annually submit a written report to the President and Congress covering expenditures, contributions, work, and accomplishments of the Federal Emergency Management Agency pursuant to this title, accompanied by such recommendations as the øDirector¿ Administrator considers appropriate. 

* * * * * * * 

SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION 

PROGRAM. 

(a) IN GENERAL.—The øDirector¿ Administrator shall establish a 

minority emergency preparedness demonstration program to research and promote the capacity of minority communities to provide data, information, and awareness education by providing 

grants to or executing contracts or cooperative agreements with eligible nonprofit organizations to establish and conduct such programs. 

* * * * * * * 

(e) APPLICATION AND REVIEW PROCEDURE.—To be eligible to receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the øDirector¿ 

Administrator at such time, in such manner, and accompanied by 

such information as the øDirector¿ Administrator may reasonably 


tjames on DSKG8SOYB1PROD with HEARING
93 

require. The øDirector¿ Administrator shall establish a procedure 

by which to accept such applications. 

* * * * * * * 

Æ 


tjames on DSKG8SOYB1PROD with HEARING