69–006 

115TH CONGRESS REPT. 115–191 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

FEMA REAUTHORIZATION ACT OF 2017 

JUNE 23, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2548] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2548) to reauthorize the programs and 

activities of the Federal Emergency Management Agency, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 5 

Background and Need for Legislation .................................................................... 5 

Hearings ................................................................................................................... 9 

Legislative History and Consideration .................................................................. 10 

Committee Votes ...................................................................................................... 11 

Committee Oversight Findings ............................................................................... 11 

New Budget Authority and Tax Expenditures ...................................................... 11 

Congressional Budget Office Cost Estimate .......................................................... 11 

Performance Goals and Objectives ......................................................................... 13 

Advisory of Earmarks .............................................................................................. 13 

Duplication of Federal Programs ............................................................................ 13 

Disclosure of Directed Rule Makings ..................................................................... 14 

Federal Mandate Statement ................................................................................... 14 

Preemption Clarification ......................................................................................... 14 

Advisory Committee Statement .............................................................................. 14 

Applicability of Legislative Branch ........................................................................ 14 

Section-by-Section Analysis of Legislation ............................................................ 14 

Changes in Existing Law Made by the Bill, as Reported ..................................... 15 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘FEMA Reauthorization Act of 2017’’. 

SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. 

Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 

(Public Law 109–295; 6 U.S.C. 811) is amended— 

(1) by striking ‘‘administration and operations’’ each place it appears and inserting ‘‘management and administration’’; 

(2) in paragraph (2), by striking ‘‘; and’’; 

(3) in paragraph (3), by striking the period and inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(4) for fiscal year 2018, $1,049,000,000; 

‘‘(5) for fiscal year 2019, $1,065,784,000; and 

‘‘(6) for fiscal year 2020, $1,082,836,544.’’. 

SEC. 3. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES. 

(a) ESTABLISHMENT.—Not later than 30 days after the date of enactment of this 

Act, the Administrator shall begin, acting through the National Advisory Council, 

a comprehensive study relating to disaster costs and losses and Federal disaster assistance. 

(b) ADDITIONAL MEMBERSHIP.—For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of 

this Act, the Administrator shall appoint the following members to the National Advisory Council: 

(1) Individuals who have the requisite technical knowledge and expertise on 

issues related to disaster costs and losses. 

(2) Representatives of the insurance industry. 

(3) Experts in and representatives of the construction and building industry. 

(4) Individuals nominated by national organizations representing State, local, 

and tribal governments and personnel. 

(5) Academic experts. 

(6) Representatives of the private industry, such as vendors, developers, and 

manufacturers of systems, facilities, equipment, and capabilities for emergency 

management services. 

(7) Other members, as the Administrator considers appropriate. 

(c) CONSULTATION WITH NONMEMBERS.—For the purposes of the comprehensive 

study required under subsection (a), the National Advisory Council shall consult 

with other relevant agencies and entities that are not represented on the National 

Advisory Council to consider research, data, findings, recommendations, innovative 

technologies and developments, including— 

(1) entities engaged in federally funded research; and 

(2) academic institutions engaged in relevant work and research. 

(d) STUDY REQUIREMENTS.—Not later than 120 days after the date of enactment 

of this Act, the National Advisory Council shall convene to evaluate disaster costs 

and losses and Federal disaster assistance, including consideration of the following: 

(1) TRENDS AND CONTRIBUTING FACTORS.—An assessment of trends, and factors contributing to such trends (such as shifting demographics and aging infrastructure), in disaster costs and losses and Federal disaster assistance, including the following: 

(A) Loss of life and injury. 

(B) Property damage and other costs to individuals, the private sector, 

and each level of government. 

(C) Presidentially declared disasters. 

(D) Disaster assistance available from all Federal sources. 

(2) DISASTER ROLES AND RESPONSIBILITY.—Fundamental principles that drive 

national disaster assistance decision making, including the appropriate roles for 

each level of government, the private sector, and individuals. 

(e) RECOMMENDATIONS.—The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more 

efficiently and effectively deliver Federal disaster assistance, including consideration 

of the following: 

(1) Actions to enhance national disaster assistance decision making. 

(2) Incentives, including tax incentives, to reduce disaster costs and losses 

and promote a more efficient and effective use of Federal disaster assistance. 

(3) Mechanisms to promote disaster cost and loss reduction, mitigation, and 

resiliency. 

(4) Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 

1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2; 127 

Stat. 49). 


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(5) Legal, societal, geographic, technological, and other challenges to implementation of recommendations. 

(6) Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations. 

(f) REPORT TO ADMINISTRATOR AND CONGRESS.—Not later than 1 year after the 

National Advisory Council convenes under subsection (d), the National Advisory 

Council shall submit a report containing the data, analysis, and recommendations 

developed under subsections (d) and (e) to— 

(1) the Administrator; 

(2) the Committee on Transportation and Infrastructure of the House of Representatives; and 

(3) the Committee on Homeland Security and Governmental Affairs of the 

Senate. 

(g) AVAILABILITY OF INFORMATION.—The Administrator shall make the data collected pursuant to this section publicly available on the website of the Agency. 

SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 

Section 1204 of the Implementing Recommendations of the 9/11 Commission Act 

of 2007 (6 U.S.C. 1102) is amended— 

(1) in subsection (d) by striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) for the Center for Domestic Preparedness— 

‘‘(A) $63,939,000 for fiscal year 2018; 

‘‘(B) $64,962,024 for fiscal year 2019; and 

‘‘(C) $66,001,416 for fiscal year 2020; and 

‘‘(2) for the members referred to in paragraphs (2) through (7) of subsection 

(b)— 

‘‘(A) $101,000,000 for fiscal year 2018; 

‘‘(B) $102,606,000 for fiscal year 2019; and 

‘‘(C) $104,247,856 for fiscal year 2020.’’; and 

(2) in subsection (e) in the matter preceding paragraph (1), by striking ‘‘2007’’ 

and inserting ‘‘2015’’. 

SEC. 5. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO EARTHQUAKES AND 

TSUNAMIS. 

The Administrator of the Federal Emergency Management Agency shall be responsible for the Nation’s efforts to reduce the loss of life and property, and to protect the Nation, from an earthquake, tsunami, or combined earthquake and tsunami 

event by developing the ability to prepare and plan for, mitigate against, respond 

to, recover from, and more successfully adapt to such an event. 

SEC. 6. AUTHORITIES. 

Notwithstanding any other provision of law, the non-federally funded actions of 

private parties, State, local, or Tribal governments, on State, local, Tribal, and private land, and the effects of those actions, shall not be attributed to the Federal 

Emergency Management Agency’s actions under the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 

4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A 

of title II of division F of Public Law 112–141; 126 Stat. 916), and the Homeowner 

Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat. 1020) for 

the purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species Act. Actions taken under the National Flood Insurance Act of 

1968, the Flood Disaster Protection Act of 1973, the Biggert Waters Flood Insurance 

Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014, 

that may influence private actions do not create a Federal nexus for the purpose 

of applying the requirements of section 7 of the Endangered Species Act of 1973 (16 

U.S.C. 1536). 

SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT. 

(a) HOMELAND SECURITY ACT OF 2002.—Title V of the Homeland Security Act of 

2002 (6 U.S.C. 501 et seq.) is amended— 

(1) in section 501(8) (6 U.S.C. 311(8))— 

(A) by striking ‘‘National Response Plan’’ each place it appears and inserting ‘‘National Response Framework’’; and 

(B) by striking ‘‘502(a)(6)’’ and inserting ‘‘504(a)(6)’’; 

(2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting ‘‘and incidents impacting 

critical infrastructure’’ before the semicolon; 

(3) in section 504(a) (6 U.S.C. 314(a))— 

(A) in paragraph (3) by striking ‘‘, including—’’ and inserting ‘‘(that includes incidents impacting critical infrastructure), including—’’; 


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(B) in paragraph (4) by inserting ‘‘, including incidents impacting critical 

infrastructure’’ before the semicolon; 

(C) in paragraph (5) by striking ‘‘and local’’ and inserting ‘‘local, and tribal’’; 

(D) in paragraph (6) by striking ‘‘national response plan’’ and inserting 

‘‘national response framework, which shall be reviewed and updated as required but not less than every 5 years’’; 

(E) by redesignating paragraphs (7) through (21) as paragraphs (8) 

through (22), respectively; 

(F) by inserting after paragraph (6) the following: 

‘‘(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with 

such frameworks reviewed and updated as required, but not less than every 5 

years;’’; and 

(G) in paragraph (14), as redesignated, by striking ‘‘National Response 

Plan’’ each place it appears and inserting ‘‘National Response Framework’’; 

(4) in section 507 (6 U.S.C. 317)— 

(A) in subsection (c)— 

(i) in paragraph (2)(E), by striking ‘‘National Response Plan’’ and inserting ‘‘National Response Framework’’; and 

(ii) in paragraph (3)(A), by striking ‘‘National Response Plan’’ and inserting ‘‘National Response Framework’’; and 

(B) in subsection (f)(1)(G), by striking ‘‘National Response Plan’’ and inserting ‘‘National Response Framework’’; 

(5) in section 508 (6 U.S.C. 318)— 

(A) in subsection (b)(1), by striking ‘‘National Response Plan’’ and inserting ‘‘National Response Framework’’; and 

(B) in subsection (d)(2)(A), by striking ‘‘The Deputy Administrator, Protection and National Preparedness’’ and inserting ‘‘A Deputy Administrator’’; 

(6) in section 509 (6 U.S.C. 319)— 

(A) in subsection (b)— 

(i) in paragraph (1)— 

(I) by striking ‘‘National Response Plan’’ and inserting ‘‘National 

Response Framework, National Protection Framework, National 

Prevention Framework, National Mitigation Framework, National 

Recovery Framework’’; 

(II) by striking ‘‘successor’’ and inserting ‘‘successors’’; and 

(III) by striking ‘‘plan’’ at the end of that paragraph and inserting ‘‘framework’’; and 

(ii) in paragraph (2), by striking ‘‘National Response Plan’’ each place 

it appears and inserting ‘‘National Response Framework’’; and 

(B) in subsection (c)(1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘NATIONAL RESPONSE PLAN’’ in the header and inserting ‘‘NATIONAL RESPONSE FRAMEWORK’’; and 

(II) by striking ‘‘National Response Plan’’ in the text and inserting ‘‘National Response Framework’’; and 

(ii) in subparagraph (B), by striking ‘‘National Response Plan’’ and 

inserting ‘‘National Response Framework’’; 

(7) in section 510 (6 U.S.C. 320)— 

(A) in subsection (a), by striking ‘‘enter into a memorandum of understanding’’ and inserting ‘‘partner’’; 

(B) in subsection (b)(1)(A), by striking ‘‘National Response Plan’’ and inserting ‘‘National Response Framework’’; and 

(C) in subsection (c), by striking ‘‘National Response Plan’’ and inserting 

‘‘National Response Framework’’; 

(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking ‘‘and local’’ each place 

it appears and inserting ‘‘, local, and tribal’’; 

(9) by striking section 524 (6 U.S.C. 321m); and 

(10) in section 525(a) (6 U.S.C. 321n), by striking ‘‘Secretary’’ and inserting 

‘‘Administrator’’. 

(b) POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006.— 

(1) CITATION CORRECTION.—Section 602(13) of the Post-Katrina Emergency 

Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended by striking 

‘‘502(a)(6)’’ and inserting ‘‘504(a)(6)’’. 

(2) CHANGE OF REFERENCE.—Chapter 1 of subtitle C of title VI of the PostKatrina Emergency Management Reform Act of 2006 (Public Law 109–295) is 


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amended by striking ‘‘National Response Plan’’ each place it appears and inserting ‘‘National Response Framework’’. 

PURPOSE OF LEGISLATION

H.R. 2548, as amended, reauthorizes the programs and activities 

of the Federal Emergency Management Agency (FEMA). 

BACKGROUND AND NEED FOR LEGISLATION

Federal Emergency Management Agency: History and Reauthorization 

FEMA was established in 1979 by Executive Order 12148 by 

President Carter in response to a number of massive disasters in 

the 1960s and 1970s. As a result of states trying to manage these 

disasters, the National Governors Association and others made a 

proposal to streamline and cut the number of agencies states were 

required to work with following a disaster. Prior to the creation of 

FEMA, the federal government’s emergency response mechanisms 

were scattered among many agencies throughout government. The 

creation of FEMA helped to centralize these authorities and the coordination of the federal government’s response to a disaster. The 

Disaster Relief Act of 1974 (Public Law 93–288), which constituted 

the statutory authority for most federal disaster response activities, 

especially of FEMA, was later amended by the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, (Stafford Act) (Public 

Law 100–707). Following more than two decades as an independent 

agency, the Homeland Security Act of 2002 (Public Law 107–296) 

created the Department of Homeland Security (DHS), placed 

FEMA within DHS, and FEMA’s functions were dispersed among 

various offices and directorates within DHS. 

Post-Katrina Emergency Management Reform Act of 2006 

In 2005, Hurricanes Katrina and Rita devastated the Gulf Coast. 

Following the poor response that occurred, several investigations 

and congressional hearings took place to examine the preparation 

for, response to, and later recovery from these hurricanes. In particular, the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina was formed and culminated in the issuance of a report entitled, ‘‘A Failure of Initiative: The Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina’’ on 

February 15, 2006. 

Not long after the issuance of this report, Congress enacted the 

Post-Katrina Emergency Management Reform Act of 2006 (Public 

Law 109–295) (PKEMRA), which gave FEMA clear guidance on its 

mission and priorities, and provided it with the authorities and 

tools needed to become a more effective and efficient agency and a 

better partner to state, local, territorial, and tribal governments. 

PKEMRA authorized FEMA for the first time in legislation. 

FEMA Disaster Assistance Reform Act of 2017 

H.R. 2548, as amended, the FEMA Reauthorization Act of 2017, 

establishes a comprehensive study to assess disaster costs and develop recommendations for reducing those costs, reauthorizes 

FEMA’s overall management and administration through fiscal 


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year 2020, and reauthorizes other programs important to the Nation’s emergency management capabilities and components of the 

disaster preparedness and response system. 

Comprehensive study for disaster costs and losses 

Disaster costs and losses continue to increase and H.R. 2548, as 

amended, requires a complete assessment of those losses, what is 

driving those losses, what federal disaster assistance is available to 

individuals and the public and private sectors, the appropriate 

roles of each of those parties, and what public policy changes would 

result in fewer disaster losses and lower disaster costs. 

The study will be undertaken through the existing National Advisory Council established by FEMA pursuant to section 508 of 

PKEMRA (6 U.S.C. 318). The Administrator is required to appoint 

additional members for the purpose of the study to ensure that the 

full array of public and private sector stakeholders are involved 

and contributing. The Committee does not intend for these additional members to become permanent members of the National Advisory Council, but are to participate fully until the completion of 

the study and recommendations. 

When the National Advisory Council develops recommendations 

related to ‘‘mechanisms to promote disaster cost and loss reduction, 

mitigation and resiliency’’ under section 3(e)(3) of H.R. 2548, as 

amended, the Council shall consider resiliency to mean: resistant 

to hazards related to major disasters, ability of the project to serve 

its primary function following a major disaster, ability to reduce 

the magnitude or duration of a disruptive event to the community, 

and have the absorptive and adaptive capacity and recoverability 

to withstand a potentially disruptive event. The Committee requests that the comprehensive study on disaster costs and losses 

consider the utility of disaster resistant construction techniques 

and green construction techniques to reduce the impact of major 

disasters or hazards. The study should include the methods that 

can be employed to create disaster resistant communities to reduce 

loss of life and property and should consider existing guidance and 

policies, the hazards against which they are intended to mitigate, 

and the process for reviewing and updating guidance. In addition, 

the study should identify any gaps, challenges, and limiting factors 

that exist, including required changes to statute or regulation. The 

Committee further believes it is important to ensure such guidance 

is readily available to key stakeholders. 

The professional engineering industry has made valuable contributions to emergency response and recovery efforts in the wake 

of disasters and emergencies. Structural engineers evaluate and 

stabilize structures in support of emergency responders conducting 

search and rescue, and mechanical engineers are sometimes needed 

to help free victims. Disasters and emergencies, whether they are 

natural or manmade, are varied and unpredictable, and engineering services are needed for rescue, recovery, reconstruction, and remediation services. Unfortunately, property and lives are sometimes lost or damaged during a disaster and the ensuing emergency response effort. 

The Committee is concerned that the potential threat of liability 

and other factors may deter professional engineers and other professionals from contributing their skills during times of disasters 


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and emergencies. The Committee requests FEMA to investigate 

any potential limiting factors that may deter professionals from 

contributing skills to disaster response efforts and how those factors may be appropriately mitigated. This is yet another important 

contributing factor to disaster costs and losses. In conducting the 

comprehensive study relating to disaster costs and losses, the members of the National Advisory Council conducting the study should 

include professional engineers and should consider issues of liability and other limiting factors that may deter engineers and other 

professionals from participating in disaster response and recovery. 

As part of the comprehensive study, the Committee is interested 

in innovative ideas to aid long-term recovery efforts, mitigate future disaster damage, and engage communities in building local 

and regional resilience. The National Advisory Council should examine how to better inform and collaborate with individual, community, non-governmental organizations, and local governments, as 

well as whether and how to incorporate new technology and scientific research to address community vulnerabilities and assets. 

Further, the Council should consider whether a regionally based 

authority could aid in this effort. 

FEMA is to be wholly transparent throughout the study by posting data, findings and other materials on their website, to the extent that the data and information does not include private, sensitive, or secure information. Periodic updates should be given to 

the Committee. 

Center for Domestic Preparedness 

The Center for Domestic Preparedness provides specialized, allhazards preparedness training in support of the National Training 

and Education System to state, local, and tribal emergency responders on skills tied to national preparedness priorities, particularly those related to chemical, biological, radiological, and nuclear 

weapons of mass destruction. To date, the Center for Domestic Preparedness has trained more than 895,690 students from state, 

local, and tribal agencies. Training is designed to build the Nation’s 

capacity to respond to and recover from disasters in a quick and 

robust fashion, therefore, strengthening the Nation’s preparedness 

and resilience in support of emergency and disaster declarations, 

response operations, exercises, and National Special Security 

Events. 

National Domestic Preparedness Consortium 

The National Domestic Preparedness Consortium provides first 

responders with a comprehensive all-hazards training program that 

includes a focus on weapons of mass destruction and natural disasters aimed to improve their capacity to prevent, protect against, respond to, and recover from all hazards. 

FEMA’s responsibilities for earthquake and tsunami events 

Currently, FEMA is responsible for leading ‘‘the Nation’s efforts 

to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters . . . .’’ (6 U.S.C. 313). This 

lead role should and does include earthquake and tsunami events. 

The Committee believes FEMA must provide the same attention 

and focus to the threat of earthquake and tsunami hazards and 


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events as it does to other hazards, such as flooding and hurricanes. 

The Committee also directs FEMA to work to ensure that other 

federal agencies with earthquake and tsunami programs ensure 

that those programs are coordinated with FEMA’s activities. 

Authorities 

FEMA is not responsible for privately funded actions by private 

parties on private land. Yet other federal agencies have taken it 

upon themselves to interpret FEMA’s authorities under FEMA’s 

program in a manner contrary to Congress’ intent and FEMA’s 

long-standing interpretation. In order to prevent other federal 

agencies from attempting to broaden FEMA’s authorities, the Committee is required to state again that privately funded actions 

taken by private parties on private land do not constitute federal 

actions, and actions taken under the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act 

of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112–141 division F, title II, 

subtitle A; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat. 1020), that 

may influence private actions do not create a federal nexus that requires consultation under section 7 of the Endangered Species Act 

of 1973 (16 U.S.C. 1536). 

Other items 

Vulnerable populations 

As FEMA carries out its authorities and responsibilities, the 

Committee directs FEMA to provide guidance and coordination to 

states, tribes, and local governments as they develop state, tribal 

and local preparedness plans to assure that they consider effective 

means for evacuating their elderly, disabled, and homeless populations. In particular, as FEMA provides funding, training, exercise, technical assistance, planning, and other assistance to build 

state, tribal, and local capabilities, FEMA should encourage and 

highlight the importance of ensuring these populations are consulted and included in State, tribal and local activities. 

Disaster Resilient Universities Network 

Colleges and universities are critical to the economic health of 

their surrounding communities. Often serving as regional, if not 

national, hubs for innovation and research, their ability to resume 

operations quickly following a disaster greatly speeds the recovery 

of the entire community. In 2000, six schools participated in the 

FEMA Disaster Resistant Universities pilot initiative. The intent of 

FEMA’s initiative was to support university efforts to reduce and 

manage vulnerability to hazards. The pilot initiative yielded a 

grant program and a how-to guide focused on mitigation and risk 

reduction. The grant program was short-lived—there was only one 

funding cycle, and fewer than 20 schools received grant funding for 

campus mitigation planning. 

Several institutions of higher education kept the core concept of 

the Disaster Resilient Universities (DRU) alive. They saw the need 

for a practical, peer-to-peer network to support emergency management and disaster planning on their campuses. In 2005, the UniVerDate Sep 11 2014 00:26 Jun 25, 2017 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR191P1.XXX HR191P1

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versity of Oregon started the DRU listserv with 35 members. The 

listserv quickly became the cornerstone of the DRU Network and 

served as a multidisciplinary, practitioner-based communication resource. The goal was simple: facilitate open communication, discussion, and resource sharing among university and college practitioners charged with making the Nation’s campuses more disaster 

resilient. As of 2015, there are over 1,200 members on the DRU 

listserv. 

The DRU concept has continued to evolve over time. Key to the 

evolution was the formation of the University and College Caucus 

(UCC) under the International Association of Emergency Managers. The DRU Network and UCC have developed a number of 

tools and resources on a peer-to-peer multidisciplinary basis. These 

include: DRU listserv and repository; Annual University and College Caucus workshop; regional DRU summits; practitioner-based 

training and course development in partnership with FEMA Emergency Management Institute; standards and resilience crosswalk 

tool; higher education guidance for the Emergency Management 

Accreditation Program, and DRU incident tracking system. 

Over the past year, the International Association of Emergency 

Managers—Universities and College Caucus and Disaster Resilient 

Universities network has been working to develop the first National Intercollegiate Mutual Aid Agreement. The National Intercollegiate Mutual Aid Agreement among colleges and universities 

will provide a peer-to-peer network for institutions of higher education to coordinate assistance and share resources during emergencies. The Committee recognizes this as a positive step forward 

to protecting the mission of our nation’s universities and colleges 

and commends the DRU and UCC for advancing disaster resilience 

on our nation’s campuses. 

HEARINGS

The Subcommittee on Economic Development, Public Buildings, 

and Emergency Management, held the following hearings and 

roundtable discussions on subjects related to matters contained in 

H.R. 2548, as amended, during the 114th and 115th Congress: 

‘‘Rebuilding after the Storm: Lessening Impacts and Speeding Recovery’’ held on January 27, 2015. The purpose of the hearing was 

to launch an assessment of the rising costs of disasters, the cost effectiveness of disaster assistance, strategies to reduce disaster 

losses, and the appropriate roles of government and the private 

sector, and to consider reforms to save lives through improved 

alerts and warning systems and search and rescue. 

‘‘What is Driving the Increasing Costs and Rising Losses from 

Disasters?’’ held on March 18, 2015. The purpose of the roundtable 

was to examine and discuss data related to disaster costs, the 

trends observed over time, and the projections for the future given 

the policies in place today. 

‘‘Pacific Northwest Seismic Hazards: Planning and Preparing for 

the Next Disaster’’ held on May 19, 2015. The purpose of the hearing was to assess the FEMA’s role in earthquake hazard preparedness, mitigation, response, and recovery, and to examine the efforts 

of the Pacific Northwest and seismic hazard experts to reduce disaster impacts and build stronger communities. 


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‘‘The State of Pennsylvania and FEMA Region III are Leaders in 

Mitigating Disaster Costs and Losses’’ held on May 28, 2015. The 

purpose of the roundtable was to examine disaster costs and losses, 

focus on hazards impacting Pennsylvania and the region, and identify best practices for mitigating and avoiding disaster impacts. 

‘‘Federal Disaster Assistance: Roles, Programs and Coordination’’ 

held on June 17, 2015. The purpose of the roundtable was to examine and discuss federal disaster assistance programs, the requirements and effectiveness of those programs, and coordination among 

various agencies and stakeholders. 

‘‘Earthquake Early Warning in the Pacific Northwest: Preparing 

for the Big One’’ held on September 22, 2015. The purpose of the 

roundtable was to convene federal, state and local officials and academics to discuss earthquake resiliency programs and efforts, the 

Shake Alert earthquake early warning system, and next steps for 

developing an offshore earthquake early warning system. 

‘‘Controlling the Rising Cost of Federal Responses to Disaster’’ 

held on May 12, 2016. The purpose of the hearing was to begin exploring potential solutions and the principles that should be driving 

solutions to lower the overall costs of disasters and to help avoid 

devastating losses. 

‘‘An Examination of FEMA’s Limited Role in Local Land Use Development Decisions’’ held on September 21, 2016. The purpose of 

the hearing was to examine FEMA’s role and authorities under the 

National Flood Insurance Program (NFIP), their impact on local 

land-use development decisions, and the national implications of 

FEMA’s implementation of the NFIP. 

‘‘Building a 21st Century Infrastructure for America: The National Preparedness System’’ held on March 16, 2017. The purpose 

of the hearing was to assess the development, successes, and challenges of the National Preparedness System and to understand 

how well the preparedness grant program is building national preparedness capabilities. 

‘‘Building a 21st Century Infrastructure for America: Mitigating 

Damage and Recovering Quickly from Disasters’’ held on April 27, 

2017. The purpose of the hearing was to examine how to protect 

infrastructure against future disaster damage, how to lower the 

overall disaster costs, and to identify challenges facing FEMA in 

responding to, recovering from, and mitigating against disasters, 

both natural and manmade. 

LEGISLATIVE HISTORY AND CONSIDERATION

On May 19, 2017, Subcommittee on Economic Development, Public Buildings, and Emergency Management Chairman, Congressman Lou Barletta (R–PA) introduced H.R. 2548, a bill to reauthorize the programs and activities of the FEMA, along with Subcommittee Ranking Member, Congressman Henry C. ‘‘Hank’’ Johnson, Jr. (D–GA); Full Committee Chairman, Congressman Bill Shuster (R–PA); and Full Committee Ranking Member, Congressman 

Peter A. DeFazio (D–OR). 

On May 24, 2017, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2548. The Committee considered one amendment offered by Full Committee Ranking Member Peter A. DeFazio (D–OR) which passed by voice vote. 


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The Committee ordered the bill, as amended, reported favorably to 

the House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each Committee report to include the total number 

of votes cast for and against on each record vote on a motion to report and on any amendment offered to the measure or matter, and 

the names of those Members voting for and against. There were no 

recorded votes taken in connection with consideration of H.R. 2548, 

as amended, or ordering the measure reported. A motion to order 

H.R. 2548, as amended, reported favorably to the House was 

agreed to by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2548, as amended, from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 22, 2017. 

Hon. BILL SHUSTER, Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2548, the FEMA Reauthorization Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 2548—FEMA Reauthorization Act of 2017 

Summary: H.R. 2548 would authorize appropriations for the administration and operation of the Federal Emergency Management 

Agency (FEMA) and for the National Domestic Preparedness ConVerDate Sep 11 2014 00:26 Jun 25, 2017 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR191P1.XXX HR191P1

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sortium (NDPC) from 2018 through 2020. The bill also would require FEMA’s National Advisory Council (NAC) to complete a comprehensive study of disaster costs and federal disaster assistance. 

CBO estimates that implementing H.R. 2548 would cost about $3.7 billion over the 2018–2022 period, assuming appropriation of 

the authorized and necessary amounts. Enacting H.R. 2548 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 2548 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 2548 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

FEMA Administration and Operation: 

Authorization Level ............................... 0 1,049 1,066 1,083 0 0 3,198 

Estimated Outlays ................................ 0 629 954 1,064 421 97 3,165 

National Domestic Preparedness Consortium: 

Authorization Level ............................... 0 165 168 170 0 0 503 

Estimated Outlays ................................ 0 99 150 167 66 15 497 

National Advisory Council Study: 

Estimated Authorization Level .............. 0 4 0 0 0 0 4 

Estimated Outlays ................................ 0 4 0 0 0 0 4 

Total Increases 

Estimated Authorization Level ..... 0 1,218 1,234 1,253 0 0 3,705 

Estimated Outlays ....................... 0 732 1,104 1,231 487 112 3,666 

Note: FEMA = Federal Emergency Management Agency. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

2548 will be enacted near the end of 2017, that the authorized and 

necessary amounts will be appropriated for each year, and that 

spending will follow historical patterns for the affected programs. 

FEMA administration and operation 

FEMA is responsible for protecting against, responding to, and 

recovering from all hazards, including natural disasters, acts of terrorism, and other man-made disasters. H.R. 2548 would authorize 

the appropriation of about $1 billion for 2018 and about $3.2 billion 

over the 2018–2020 period for the administration and operation of 

FEMA; in 2017, the Congress appropriated $1 billion for those purposes. CBO estimates that implementing this section would cost 

about $3.2 billion over the 2018–2022 period. 

National domestic preparedness consortium 

The NDPC is a partnership of several nationally recognized organizations that address the counter-terrorism preparedness needs of 

the nation’s emergency responders within the context of all hazards. FEMA uses this organization to identify, develop, test, and 

deliver training to state and local emergency responders. The bill 


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would authorize the appropriation of $165 million for 2018 and 

$503 million over the 2018–2020 period for operation of the NDPC; 

in 2016 FEMA allocated $98 million for the NDPC (the latest year 

for which information is available). CBO estimates that implementing this section would cost $497 million over the 2018–2022 

period. 

National Advisory Council study 

H.R. 2548 would direct the NAC to complete a comprehensive 

study of the costs of recent disasters and the effectiveness of 

FEMA’s emergency assistance programs. The NAC also would submit recommendations to the Congress to improve the efficiency and 

effectiveness of federal disaster relief. Based on an analysis of information provided by FEMA on the cost of a similar study, CBO 

estimates that implementing this provision would cost $4 million in 

2018. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

Intergovernmental and private-sector impact: H.R. 2548 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Robert Reese; Impact on 

state, local, and tribal governments: Rachel Austin; Impact on the 

private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation, as amended, is to reauthorize the 

programs and activities of FEMA. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill, as amended, 

includes an earmark, limited tax benefit, or limited tariff benefit 

under clause 9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

2548, as amended, establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of 


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Public Law 111–139, or a program related to a program identified 

in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the 

Committee finds that enacting H.R. 2548, as amended, does not direct the completion of a specific rule making within the meaning 

of section 551 of title 5, United States Code. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2548, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

H.R. 2548, as amended, requires a comprehensive study of disaster costs and losses through the existing National Advisory 

Council, as established pursuant to section 508 of the Post-Katrina 

Emergency Management Reform Act of 2006 (6 U.S.C. 318) and provides for any costs associated with such committee be provided for 

from the amounts authorized in the legislation. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation, as amended, does not 

relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 

102(b)(3) of the Congressional Accountability Act (Public Law 104– 

1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1: Short title 

Section 1 designates the short title as the ‘‘FEMA Reauthorization Act of 2017.’’ 

Section 2: Reauthorization of the Federal Emergency Management 

Agency (FEMA) 

This section reauthorizes FEMA through fiscal year 2020, consistent with current funding levels. For fiscal year 2018, $1.05 billion; for fiscal year 2019, $1.07 billion; for fiscal year 2020, $1.08 

billion. 


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Section 3: Comprehensive study of disaster costs and losses 

This section directs the National Advisory Council to undertake 

a comprehensive study into the trends related to disaster assistance, costs and losses and provide recommendations to reduce the 

costs related to these events. 

Section 4: National Domestic Preparedness Consortium 

This section reauthorizes the Center for Domestic Preparedness 

through fiscal year 2020, consistent with current funding levels. 

For fiscal year 2018, $63.9 million; for fiscal year 2019, $65 million; 

for fiscal year 2020, $66 million. This section also reauthorizes the 

National Domestic Preparedness Consortium through fiscal year 

2020, consistent with current funding levels. For fiscal year 2018, 

$101 million; for fiscal year 2019, $102.6 million; for fiscal year 

2020, $104.2 million. 

Section 5: National preparation and response efforts relating to 

earthquakes and tsunamis 

This section states that the Administrator is responsible for the 

Nation’s efforts to reduce the loss of life and property from an 

earthquake, tsunami, or combined event. 

Section 6: Authorities 

This section clarifies what constitutes a federal action for purposes of consultation. 

Section 7: Technical amendments to national emergency management 

This section makes technical changes to the national emergency 

management provisions of the law by making needed updates and 

corrections to unintentional errors. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

POST-KATRINA EMERGENCY MANAGEMENT REFORM 

ACT OF 2006 

* * * * * * * 


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TITLE VI—NATIONAL EMERGENCY 

MANAGEMENT 

* * * * * * * 

SEC. 602. DEFINITIONS. 

In this title— 

(1) the term ‘‘Administrator’’ means the Administrator of the 

Agency; 

(2) the term ‘‘Agency’’ means the Federal Emergency Management Agency; 

(3) the term ‘‘appropriate committees of Congress’’means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) those committees of the House of Representatives 

that the Speaker of the House of Representatives determines appropriate; 

(4) the term ‘‘catastrophic incident’’ means any natural disaster, act of terrorism, or other man-made disaster that results 

in extraordinary levels of casualties or damage or disruption 

severely affecting the population (including mass evacuations), 

infrastructure, environment, economy, national morale, or government functions in an area; 

(5) the term ‘‘Department’’ means the Department of Homeland Security; 

(6) the terms ‘‘emergency’’ and ‘‘major disaster’’ have the 

meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122); 

(7) the term ‘‘emergency management’’ means the governmental function that coordinates and integrates all activities 

necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate 

against threatened or actual natural disasters, acts of terrorism, or other man-made disasters; 

(8) the term ‘‘emergency response provider’’ has the meaning 

given the term in section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101), as amended by this Act; 

(9) the term ‘‘Federal coordinating officer’’ means a Federal 

coordinating officer as described in section 302 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5143); 

(10) the term ‘‘individual with a disability’’ has the meaning 

given the term in section 3 of the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12102); 

(11) the terms ‘‘local government’’ and ‘‘State’’ have the 

meaning given the terms in section 2 of the Homeland Security 

Act of 2002 (6 U.S.C. 101); 

(12) the term ‘‘National Incident Management System’’ 

means a system to enable effective, efficient, and collaborative 

incident management; 

(13) the term ‘‘National Response Plan’’ means the National 

Response Plan or any successor plan prepared under section 

ø502(a)(6)¿ 504(a)(6) of the Homeland Security Act of 2002 (as 

amended by this Act); 


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(14) the term ‘‘Secretary’’ means the Secretary of Homeland 

Security; 

(15) the term ‘‘surge capacity’’ means the ability to rapidly 

and substantially increase the provision of search and rescue 

capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save 

lives and protect property during a catastrophic incident; and 

(16) the term ‘‘tribal government’’ means the government of 

an Indian tribe or authorized tribal organization, or in Alaska 

a Native village or Alaska Regional Native Corporation. 

* * * * * * * 

Subtitle C—Comprehensive Preparedness 

System 

* * * * * * * 

CHAPTER 1—NATIONAL PREPAREDNESS SYSTEM 

* * * * * * * 

SEC. 648. TRAINING AND EXERCISES. 

(a) NATIONAL TRAINING PROGRAM.— (1) IN GENERAL.—Beginning not later than 180 days after the 

date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national training program to implement 

the national preparedness goal, National Incident Management 

System, øNational Response Plan¿ National Response Framework, and other related plans and strategies. 

(2) TRAINING PARTNERS.—In developing and implementing 

the national training program, the Administrator shall— 

(A) work with government training facilities, academic 

institutions, private organizations, and other entities that 

provide specialized, state-of-the-art training for emergency 

managers or emergency response providers; and 

(B) utilize, as appropriate, training courses provided by 

community colleges, State and local public safety academies, State and private universities, and other facilities. 

(b) NATIONAL EXERCISE PROGRAM.— 

(1) IN GENERAL.—Beginning not later than 180 days after the 

date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national exercise program to test and 

evaluate the national preparedness goal, National Incident 

Management System, øNational Response Plan¿ National Response Framework, and other related plans and strategies. 

(2) REQUIREMENTS.—The national exercise program— 

(A) shall be— 

(i) as realistic as practicable, based on current risk 

assessments, including credible threats, 


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vulnerabilities, and consequences, and designed to 

stress the national preparedness system; 

(ii) designed, as practicable, to simulate the partial 

or complete incapacitation of a State, local, or tribal 

government; 

(iii) carried out, as appropriate, with a minimum degree of notice to involved parties regarding the timing 

and details of such exercises, consistent with safety 

considerations; 

(iv) designed to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant 

mutual aid agreements; 

(v) designed to address the unique requirements of 

populations with special needs, including the elderly; 

and 

(vi) designed to promptly develop after-action reports and plans for quickly incorporating lessons 

learned into future operations; and 

(B) shall include a selection of model exercises that 

State, local, and tribal governments can readily adapt for 

use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation 

of exercises (whether a model exercise program or an exercise designed locally) that— 

(i) conform to the requirements under subparagraph 

(A); 

(ii) are consistent with any applicable State, local, or 

tribal strategy or plan; and 

(iii) provide for systematic evaluation of readiness. 

(3) NATIONAL LEVEL EXERCISES.—The Administrator shall periodically, but not less than biennially, perform national exercises for the following purposes: 

(A) To test and evaluate the capability of Federal, State, 

local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, 

especially those involving weapons of mass destruction. 

(B) To test and evaluate the readiness of Federal, State, 

local, and tribal governments to respond and recover in a 

coordinated and unified manner to catastrophic incidents. 

SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM. 

The Administrator, in coordination with the National Council on 

Disability and the National Advisory Council, shall establish a remedial action management program to— 

(1) analyze training, exercises, and real-world events to identify and disseminate lessons learned and best practices; 

(2) generate and disseminate, as appropriate, after action reports to participants in exercises and real-world events; and 

(3) conduct remedial action tracking and long-term trend 

analysis. 

* * * * * * * 

SEC. 653. FEDERAL PREPAREDNESS. 

(a) AGENCY RESPONSIBILITY.—In support of the national preparedness system, the President shall ensure that each Federal 


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agency with responsibilities under the øNational Response Plan¿ 

National Response Framework— 

(1) has the operational capability to meet the national preparedness goal, including— 

(A) the personnel to make and communicate decisions; 

(B) organizational structures that are assigned, trained, 

and exercised for the missions of the agency; 

(C) sufficient physical resources; and 

(D) the command, control, and communication channels 

to make, monitor, and communicate decisions; 

(2) complies with the National Incident Management System, including credentialing of personnel and typing of resources likely needed to respond to a natural disaster, act of 

terrorism, or other man-made disaster in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320); 

(3) develops, trains, and exercises rosters of response personnel to be deployed when the agency is called upon to support a Federal response; 

(4) develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond 

effectively to natural disasters, acts of terrorism, and other 

man-made disasters in support of the øNational Response 

Plan¿ National Response Framework to ensure a coordinated 

Federal response; and 

(5) regularly updates, verifies the accuracy of, and provides 

to the Administrator the information in the inventory required 

under section 651. 

(b) OPERATIONAL PLANS.—An operations plan developed under 

subsection (a)(4) shall meet the following requirements: 

(1) The operations plan shall be coordinated under a unified 

system with a common terminology, approach, and framework. 

(2) The operations plan shall be developed, in coordination 

with State, local, and tribal government officials, to address 

both regional and national risks. 

(3) The operations plan shall contain, as appropriate, the following elements: 

(A) Concepts of operations. 

(B) Critical tasks and responsibilities. 

(C) Detailed resource and personnel requirements, together with sourcing requirements. 

(D) Specific provisions for the rapid integration of the resources and personnel of the agency into the overall response. 

(4) The operations plan shall address, as appropriate, the following matters: 

(A) Support of State, local, and tribal governments in 

conducting mass evacuations, including— 

(i) transportation and relocation; 

(ii) short- and long-term sheltering and accommodation; 

(iii) provisions for populations with special needs, 

keeping families together, and expeditious location of 

missing children; and 

(iv) policies and provisions for pets. 


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(B) The preparedness and deployment of public health 

and medical resources, including resources to address the 

needs of evacuees and populations with special needs. 

(C) The coordination of interagency search and rescue 

operations, including land, water, and airborne search and 

rescue operations. 

(D) The roles and responsibilities of the Senior Federal 

Law Enforcement Official with respect to other law enforcement entities. 

(E) The protection of critical infrastructure. 

(F) The coordination of maritime salvage efforts among 

relevant agencies. 

(G) The coordination of Department of Defense and National Guard support of civilian authorities. 

(H) To the extent practicable, the utilization of Department of Defense, National Air and Space Administration, 

National Oceanic and Atmospheric Administration, and 

commercial aircraft and satellite remotely sensed imagery. 

(I) The coordination and integration of support from the 

private sector and nongovernmental organizations. 

(J) The safe disposal of debris, including hazardous materials, and, when practicable, the recycling of debris. 

(K) The identification of the required surge capacity. 

(L) Specific provisions for the recovery of affected geographic areas. 

(c) MISSION ASSIGNMENTS.—To expedite the provision of assistance under the øNational Response Plan¿ National Response 

Framework, the President shall ensure that the Administrator, in 

coordination with Federal agencies with responsibilities under the 

øNational Response Plan¿ National Response Framework, develops 

prescripted mission assignments, including logistics, communications, mass care, health services, and public safety. 

(d) CERTIFICATION.—The President shall certify to the Committee 

on Homeland Security and Governmental Affairs of the Senate and 

the Committee on Homeland Security and the Committee on 

Transportation and Infrastructure of the House of Representatives 

on an annual basis that each Federal agency with responsibilities 

under the øNational Response Plan¿ National Response Framework 

complies with subsections (a) and (b). 

(e) CONSTRUCTION.—Nothing in this section shall be construed to 

limit the authority of the Secretary of Defense with regard to— 

(1) the command, control, training, planning, equipment, exercises, or employment of Department of Defense forces; or 

(2) the allocation of Department of Defense resources. 

* * * * * * * 

Subtitle G—Authorization of 

Appropriations 

SEC. 699. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

and the amendments made by this title for the øadministration 

and operations¿ management and administration of the Agency— 


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(1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for øadministration and operations¿ management and administration of the Agency, multiplied by 1.1; 

(2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1ø; and¿ 

(3) for fiscal year 2010, an amount equal to the amount described in paragraph (2), multiplied by 1.1ø.¿; and 

(4) for fiscal year 2018, $1,049,000,000; 

(5) for fiscal year 2019, $1,065,784,000; and 

(6) for fiscal year 2020, $1,082,836,544. 

* * * * * * * 

SECTION 1204 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007 

* * * * * * * 

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 

(a) IN GENERAL.—The Secretary is authorized to establish, operate, and maintain a National Domestic Preparedness Consortium 

within the Department. 

(b) MEMBERS.—Members of the National Domestic Preparedness 

Consortium shall consist of— 

(1) the Center for Domestic Preparedness; 

(2) the National Energetic Materials Research and Testing 

Center, New Mexico Institute of Mining and Technology; 

(3) the National Center for Biomedical Research and Training, Louisiana State University; 

(4) the National Emergency Response and Rescue Training 

Center, Texas A&M University; 

(5) the National Exercise, Test, and Training Center, Nevada 

Test Site; 

(6) the Transportation Technology Center, Incorporated, in 

Pueblo, Colorado; and 

(7) the National Disaster Preparedness Training Center, 

University of Hawaii. 

(c) DUTIES.— The National Domestic Preparedness Consortium 

shall identify, develop, test, and deliver training to State, local, and 

tribal emergency response providers, provide on-site and mobile 

training at the performance and management and planning levels, 

and facilitate the delivery of training by the training partners of 

the Department. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary— 

ø(1) for the Center for Domestic Preparedness— 

ø(A) $57,000,000 for fiscal year 2008; 

ø(B) $60,000,000 for fiscal year 2009; 

ø(C) $63,000,000 for fiscal year 2010; and 

ø(D) $66,000,000 for fiscal year 2011; and 

ø(2) for the National Energetic Materials Research and Testing Center, the National Center for Biomedical Research and 

Training, the National Emergency Response and Rescue Training Center, the National Exercise, Test, and Training Center, 


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the Transportation Technology Center, Incorporated, and the 

National Disaster Preparedness Training Center each— 

ø(A) $22,000,000 for fiscal year 2008; 

ø(B) $23,000,000 for fiscal year 2009; 

ø(C) $24,000,000 for fiscal year 2010; and 

ø(D) $25,500,000 for fiscal year 2011.¿ 

(1) for the Center for Domestic Preparedness— (A) $63,939,000 for fiscal year 2018; 

(B) $64,962,024 for fiscal year 2019; and 

(C) $66,001,416 for fiscal year 2020; and 

(2) for the members referred to in paragraphs (2) through (7) 

of subsection (b)— (A) $101,000,000 for fiscal year 2018; 

(B) $102,606,000 for fiscal year 2019; and 

(C) $104,247,856 for fiscal year 2020. 

(e) SAVINGS PROVISION.—From the amounts appropriated pursuant to this section, the Secretary shall ensure that future amounts 

provided to each of the following entities are not less than the 

amounts provided to each such entity for participation in the Consortium in fiscal year ø2007¿ 2015— 

(1) the Center for Domestic Preparedness; 

(2) the National Energetic Materials Research and Testing 

Center, New Mexico Institute of Mining and Technology; 

(3) the National Center for Biomedical Research and Training, Louisiana State University; 

(4) the National Emergency Response and Rescue Training 

Center, Texas A&M University; and 

(5) the National Exercise, Test, and Training Center, Nevada 

Test Site. 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

TITLE V—NATIONAL EMERGENCY 

MANAGEMENT 

SEC. 501. DEFINITIONS. 

In this title— 

(1) the term ‘‘Administrator’’ means the Administrator of the 

Agency; 

(2) the term ‘‘Agency’’ means the Federal Emergency Management Agency; 

(3) the term ‘‘catastrophic incident’’ means any natural disaster, act of terrorism, or other man-made disaster that results 

in extraordinary levels of casualties or damage or disruption 

severely affecting the population (including mass evacuations), 

infrastructure, environment, economy, national morale, or government functions in an area; 

(4) the terms ‘‘credentialed’’ and ‘‘credentialing’’ mean having 

provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications 

of such personnel by ensuring that such personnel possess a 

minimum common level of training, experience, physical and 


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medical fitness, and capability appropriate for a particular position in accordance with standards created under section 510; 

(5) the term ‘‘Federal coordinating officer’’ means a Federal 

coordinating officer as described in section 302 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5143); 

(6) the term ‘‘interoperable’’ has the meaning given the term 

‘‘interoperable communications’’ under section 7303(g)(1) of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 194(g)(1)); 

(7) the term ‘‘National Incident Management System’’ means 

a system to enable effective, efficient, and collaborative incident management; 

(8) the term ‘‘øNational Response Plan¿ National Response 

Framework’’ means the øNational Response Plan¿ National Response Framework or any successor plan prepared under section ø502(a)(6)¿ 504(a)(6); 

(9) the term ‘‘Regional Administrator’’ means a Regional Administrator appointed under section 507; 

(10) the term ‘‘Regional Office’’ means a Regional Office established under section 507; 

(11) the term ‘‘resources’’ means personnel and major items 

of equipment, supplies, and facilities available or potentially 

available for responding to a natural disaster, act of terrorism, 

or other man-made disaster; 

(12) the term ‘‘surge capacity’’ means the ability to rapidly 

and substantially increase the provision of search and rescue 

capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save 

lives and protect property during a catastrophic incident; 

(13) the term ‘‘tribal government’’ means the government of 

any entity described in section 2(13)(B); and 

(14) the terms ‘‘typed’’ and ‘‘typing’’ mean having evaluated, 

or evaluating, respectively, a resource in accordance with 

standards created under section 510. 

* * * * * * * 

SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY. 

(a) IN GENERAL.—There is in the Department the Federal Emergency Management Agency, headed by an Administrator. 

(b) MISSION.— 

(1) PRIMARY MISSION.—The primary mission of the Agency is 

to reduce the loss of life and property and protect the Nation 

from all hazards, including natural disasters, acts of terrorism, 

and other man-made disasters, by leading and supporting the 

Nation in a risk-based, comprehensive emergency management 

system of preparedness, protection, response, recovery, and 

mitigation. 

(2) SPECIFIC ACTIVITIES.—In support of the primary mission 

of the Agency, the Administrator shall— 

(A) lead the Nation’s efforts to prepare for, protect 

against, respond to, recover from, and mitigate against the 

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made disasters, including catastrophic incidents and incidents impacting critical infrastructure; 

(B) partner with State, local, and tribal governments 

and emergency response providers, with other Federal 

agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond 

to natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents; 

(C) develop a Federal response capability that, when 

necessary and appropriate, can act effectively and rapidly 

to deliver assistance essential to saving lives or protecting 

or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster; 

(D) integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities 

to confront effectively the challenges of a natural disaster, 

act of terrorism, or other man-made disaster; 

(E) develop and maintain robust Regional Offices that 

will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to 

identify and address regional priorities; 

(F) under the leadership of the Secretary, coordinate 

with the Commandant of the Coast Guard, the Director of 

Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations 

Center, and other agencies and offices in the Department 

to take full advantage of the substantial range of resources 

in the Department; 

(G) provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, 

State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster; 

and 

(H) develop and coordinate the implementation of a riskbased, all-hazards strategy for preparedness that builds 

those common capabilities necessary to respond to natural 

disasters, acts of terrorism, and other man-made disasters 

while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest 

risk to our Nation. 

(c) ADMINISTRATOR.— 

(1) IN GENERAL.—The Administrator shall be appointed by 

the President, by and with the advice and consent of the Senate. 

(2) QUALIFICATIONS.—The Administrator shall be appointed 

from among individuals who have— 

(A) a demonstrated ability in and knowledge of emergency management and homeland security; and 

(B) not less than 5 years of executive leadership and 

management experience in the public or private sector. 


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(3) REPORTING.—The Administrator shall report to the Secretary, without being required to report through any other official of the Department. 

(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.— (A) IN GENERAL.—The Administrator is the principal advisor to the President, the Homeland Security Council, and 

the Secretary for all matters relating to emergency management in the United States. 

(B) ADVICE AND RECOMMENDATIONS.— (i) IN GENERAL.—In presenting advice with respect 

to any matter to the President, the Homeland Security 

Council, or the Secretary, the Administrator shall, as 

the Administrator considers appropriate, inform the 

President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency 

preparedness, protection, response, recovery, and mitigation options with respect to that matter. 

(ii) ADVICE ON REQUEST.—The Administrator, as the 

principal advisor on emergency management, shall 

provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter 

when the President, the Homeland Security Council, 

or the Secretary requests such advice. 

(iii) RECOMMENDATIONS TO CONGRESS.—After informing the Secretary, the Administrator may make 

such recommendations to Congress relating to emergency management as the Administrator considers appropriate. 

(5) CABINET STATUS.— (A) IN GENERAL.—The President may designate the Administrator to serve as a member of the Cabinet in the 

event of natural disasters, acts of terrorism, or other manmade disasters. 

(B) RETENTION OF AUTHORITY.—Nothing in this paragraph shall be construed as affecting the authority of the 

Secretary under this Act. 

SEC. 504. AUTHORITY AND RESPONSIBILITIES. 

(a) IN GENERAL.—The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover 

from, or mitigate against a natural disaster, act of terrorism, or 

other man-made disaster, including— 

(1) helping to ensure the effectiveness of emergency response 

providers to terrorist attacks, major disasters, and other emergencies; 

(2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of 

the Department pursuant to this title)— 

(A) establishing standards and certifying when those 

standards have been met; 

(B) conducting joint and other exercises and training and 

evaluating performance; and 

(C) providing funds to the Department of Energy and the 

Environmental Protection Agency, as appropriate, for 

homeland security planning, exercises and training, and 

equipment; 


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(3) providing the Federal Government’s response to terrorist 

attacks and major disastersø, including—¿ (that includes incidents impacting critical infrastructure), including— 

(A) managing such response; 

(B) directing the Domestic Emergency Support Team, 

the National Disaster Medical System, and (when operating as an organizational unit of the Department pursuant to this title) the Nuclear Incident Response Team; 

(C) overseeing the Metropolitan Medical Response System; and 

(D) coordinating other Federal response resources, including requiring deployment of the Strategic National 

Stockpile, in the event of a terrorist attack or major disaster; 

(4) aiding the recovery from terrorist attacks and major disasters, including incidents impacting critical infrastructure; 

(5) building a comprehensive national incident management 

system with Federal, State, øand local¿ local, and tribal government personnel, agencies, and authorities, to respond to 

such attacks and disasters; 

(6) consolidating existing Federal Government emergency response plans into a single, coordinated ønational response 

plan¿ national response framework, which shall be reviewed 

and updated as required but not less than every 5 years; 

(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 

years; 

ø(7)¿ (8) helping ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, 

and tribal governments and emergency response providers; 

ø(8)¿ (9) assisting the President in carrying out the functions 

under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 

functions and authorities given to the Administrator under 

that Act; 

ø(9)¿ (10) carrying out the mission of the Agency to reduce 

the loss of life and property and protect the Nation from all 

hazards by leading and supporting the Nation in a risk-based, 

comprehensive emergency management system of— 

(A) mitigation, by taking sustained actions to reduce or 

eliminate long-term risks to people and property from hazards and their effects; 

(B) preparedness, by planning, training, and building 

the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from 

any hazard; 

(C) response, by conducting emergency operations to 

save lives and property through positioning emergency 

equipment, personnel, and supplies, through evacuating 

potential victims, through providing food, water, shelter, 

and medical care to those in need, and through restoring 

critical public services; and 


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(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)¿ (11) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and 

mitigation; 

ø(11)¿ (12) helping to ensure the effectiveness of emergency 

response providers in responding to a natural disaster, act of 

terrorism, or other man-made disaster; 

ø(12)¿ (13) supervising grant programs administered by the 

Agency; 

ø(13)¿ (14) administering and ensuring the implementation 

of the øNational Response Plan¿ National Response Framework, including coordinating and ensuring the readiness of 

each emergency support function under the øNational Response Plan¿ National Response Framework; 

ø(14)¿ (15) coordinating with the National Advisory Council 

established under section 508; 

ø(15)¿ (16) preparing and implementing the plans and programs of the Federal Government for— 

(A) continuity of operations; 

(B) continuity of government; and 

(C) continuity of plans; 

ø(16)¿ (17) minimizing, to the extent practicable, overlapping 

planning and reporting requirements applicable to State, local, 

and tribal governments and the private sector; 

ø(17)¿ (18) maintaining and operating within the Agency the 

National Response Coordination Center or its successor; 

ø(18)¿ (19) developing a national emergency management 

system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents; 

ø(19)¿ (20) assisting the President in carrying out the functions under the national preparedness goal and the national 

preparedness system and carrying out all functions and authorities of the Administrator under the national preparedness 

System; 

ø(20)¿ (21) carrying out all authorities of the Federal Emergency Management Agency and the Directorate of Preparedness of the Department as transferred under section 505; and 

ø(21)¿ (22) otherwise carrying out the mission of the Agency 

as described in section 503(b). 

(b) ALL-HAZARDS APPROACH.—In carrying out the responsibilities 

under this section, the Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds those 

common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts 

of terrorism, and other man-made disasters, while also building the 

unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific 

types of incidents that pose the greatest risk to the Nation. 

* * * * * * * 


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SEC. 507. REGIONAL OFFICES. 

(a) IN GENERAL.—There are in the Agency 10 regional offices, as 

identified by the Administrator. 

(b) MANAGEMENT OF REGIONAL OFFICES.— 

(1) REGIONAL ADMINISTRATOR.—Each Regional Office shall be 

headed by a Regional Administrator who shall be appointed by 

the Administrator, after consulting with State, local, and tribal 

government officials in the region. Each Regional Administrator shall report directly to the Administrator and be in the 

Senior Executive Service. 

(2) QUALIFICATIONS.— 

(A) IN GENERAL.—Each Regional Administrator shall be 

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

(B) CONSIDERATIONS.—In selecting a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of an individual with the geographical 

area and demographic characteristics of the population 

served by such Regional Office. 

(c) RESPONSIBILITIES.— 

(1) IN GENERAL.—The Regional Administrator shall work in 

partnership with State, local, and tribal governments, emergency managers, emergency response providers, medical providers, the private sector, nongovernmental organizations, 

multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area 

served by the Regional Office to carry out the responsibilities 

of a Regional Administrator under this section. 

(2) RESPONSIBILITIES.—The responsibilities of a Regional Administrator include— 

(A) ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and 

mitigation activities and programs for natural disasters, 

acts of terrorism, and other man-made disasters (including 

planning, training, exercises, and professional development); 

(B) assisting in the development of regional capabilities 

needed for a national catastrophic response system; 

(C) coordinating the establishment of effective regional 

operable and interoperable emergency communications capabilities; 

(D) staffing and overseeing 1 or more strike teams within the region under subsection (f), to serve as the focal 

point of the Federal Government’s initial response efforts 

for natural disasters, acts of terrorism, and other 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; 

(E) designating an individual responsible for the development of strategic and operational regional plans in support of the øNational Response Plan¿ National Response 

Framework; 


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(F) fostering the development of mutual aid and other 

cooperative agreements; 

(G) identifying critical gaps in regional capabilities to respond to populations with special needs; 

(H) maintaining and operating a Regional Response Coordination Center or its successor; 

(I) coordinating with the private sector to help ensure 

private sector preparedness for natural disasters, acts of 

terrorism, and other man-made disasters; 

(J) assisting State, local, and tribal governments, where 

appropriate, to preidentify and evaluate suitable sites 

where a multijurisdictional incident command system may 

quickly be established and operated from, if the need for 

such a system arises; and 

(K) performing such other duties relating to such responsibilities as the Administrator may require. 

(3) TRAINING AND EXERCISE REQUIREMENTS.— 

(A) TRAINING.—The Administrator shall require each Regional Administrator to undergo specific training periodically to complement the qualifications of the Regional Administrator. Such training, as appropriate, shall include 

training with respect to the National Incident Management System, the øNational Response Plan¿ National Response Framework, and such other subjects as determined 

by the Administrator. 

(B) EXERCISES.—The Administrator shall require each 

Regional Administrator to participate as appropriate in regional and national exercises. 

(d) AREA OFFICES.— 

(1) IN GENERAL.—There is an Area Office for the Pacific and 

an Area Office for the Caribbean, as components in the appropriate Regional Offices. 

(2) ALASKA.—The Administrator shall establish an Area Office in Alaska, as a component in the appropriate Regional Office. 

(e) REGIONAL ADVISORY COUNCIL.— (1) ESTABLISHMENT.—Each Regional Administrator shall establish a Regional Advisory Council. 

(2) NOMINATIONS.—A State, local, or tribal government located within the geographic area served by the Regional Office 

may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory 

Council for that region. 

(3) RESPONSIBILITIES.—Each Regional Advisory Council 

shall— 

(A) advise the Regional Administrator on emergency 

management issues specific to that region; 

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

protection, response, recovery, or mitigation more complicated or difficult; and 

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ment within the region of which the Regional Advisory 

Council is aware. 

(f) REGIONAL OFFICE STRIKE TEAMS.— 

(1) IN GENERAL.—In coordination with other relevant Federal 

agencies, each Regional Administrator shall oversee 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— 

(A) a designated Federal coordinating officer; 

(B) personnel trained in incident management; 

(C) public affairs, response and recovery, and communications support personnel; 

(D) a defense coordinating officer; 

(E) liaisons to other Federal agencies; 

(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and 

(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the 

øNational Response Plan¿ National Response Framework. 

(2) OTHER DUTIES.—The duties of an individual assigned to 

a Regional Office strike team from another relevant agency 

when such individual is not functioning as a member of the 

strike team shall be consistent with the emergency preparedness activities of the agency that employs such individual. 

(3) LOCATION OF MEMBERS.—The members of each Regional 

Office strike team, including representatives from agencies 

other than the Department, shall be based primarily within 

the region that corresponds to that strike team. 

(4) COORDINATION.—Each Regional Office strike team shall 

coordinate the training and exercises of that strike team with 

the State, local, and tribal governments and private sector and 

nongovernmental entities which the strike team shall support 

when a natural disaster, act of terrorism, or other man-made 

disaster occurs. 

(5) PREPAREDNESS.—Each Regional Office strike team shall 

be trained as a unit on a regular basis and equipped and 

staffed to be well prepared to respond to natural disasters, acts 

of terrorism, and other man-made disasters, including catastrophic incidents. 

(6) AUTHORITIES.—If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the 

Administrator shall report to Congress regarding the additional statutory authorities that the Administrator determines 

are necessary. 

SEC. 508. NATIONAL ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 

2006, the Secretary shall establish an advisory body under section 

871(a) to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to 

be known as the National Advisory Council. 

(b) RESPONSIBILITIES.— 


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(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 øNational Response Plan¿ National Response Framework, and other related plans and strategies. 

(2) CONSULTATION ON GRANTS.—To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly 

consult and work with the National Advisory Council on the 

administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The members of the National Advisory 

Council shall be appointed by the Administrator, and shall, to 

the extent practicable, represent a geographic (including urban 

and rural) and substantive cross section of officials, emergency 

managers, and emergency response providers from State, local, 

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

(A) members selected from the emergency management 

field and emergency response providers, including fire 

service, law enforcement, hazardous materials response, 

emergency medical services, and emergency management 

personnel, or organizations representing such individuals; 

(B) health scientists, emergency and inpatient medical 

providers, and public health professionals; 

(C) experts from Federal, State, local, and tribal governments, and the private sector, representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards 

development community, particularly those with expertise 

in the emergency preparedness and response field; 

(D) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and 

mitigation, including Adjutants General; 

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

(F) experts in public and private sector infrastructure 

protection, cybersecurity, and communications; 

(G) representatives of individuals with disabilities and 

other populations with special needs; and 

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

(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND

HUMAN SERVICES AND TRANSPORTATION.—In the selection of 

members of the National Advisory Council who are health or 

emergency medical services professionals, the Administrator 

shall work with the Secretary of Health and Human Services 

and the Secretary of Transportation. 


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(3) EX OFFICIO MEMBERS.—The Administrator shall designate 

1 or more officers of the Federal Government to serve as ex 

officio members of the National Advisory Council. 

(4) TERMS OF OFFICE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term of office of each member of the National Advisory Council shall be 3 years. 

(B) INITIAL APPOINTMENTS.—Of the members initially appointed to the National Advisory Council— 

(i) one-third shall be appointed for a term of 1 year; 

and 

(ii) one-third shall be appointed for a term of 2 

years. 

(d) RESPONSE SUBCOMMITTEE.— 

(1) ESTABLISHMENT.—Not later than 30 days after the date 

of the enactment of the RESPONSE Act of 2016, the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, 

Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the ‘‘RESPONSE Subcommittee’’). 

(2) MEMBERSHIP.—Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following: 

(A) øThe Deputy Administrator, Protection and National 

Preparedness¿ A Deputy Administrator of the Federal 

Emergency Management Agency, or designee. 

(B) The Chief Safety Officer of the Pipeline and Hazardous Materials Safety Administration, or designee. 

(C) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. 

(D) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. 

(E) The Director for the Office of Railroad, Pipeline and 

Hazardous Materials Investigations of the National Transportation Safety Board, or designee. 

(F) The Chief Safety Officer and Associate Administrator 

for Railroad Safety of the Federal Railroad Administration, 

or designee. 

(G) The Assistant Administrator for Security Policy and 

Industry Engagement of the Transportation Security Administration, or designee. 

(H) The Assistant Commandant for Response Policy of 

the Coast Guard, or designee. 

(I) The Assistant Administrator for the Office of Solid 

Waste and Emergency Response of the Environmental Protection Agency, or designee. 

(J) Such other qualified individuals as the co-chairpersons shall jointly appoint as soon as practicable after 

the date of the enactment of the RESPONSE Act of 2016 

from among the following: 

(i) Members of the National Advisory Council that 

have the requisite technical knowledge and expertise 


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to address rail emergency response issues, including 

members from the following disciplines: 

(I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and 

emergency medical services. 

(II) State, local, and tribal government officials. 

(ii) Individuals who have the requisite technical 

knowledge and expertise to serve on the RESPONSE 

Subcommittee, including at least 1 representative 

from each of the following: 

(I) The rail industry. 

(II) Rail labor. 

(III) Persons who offer oil for transportation by 

rail. 

(IV) The communications industry. 

(V) Emergency response providers, including individuals nominated by national organizations 

representing State and local governments and 

emergency responders. 

(VI) Emergency response training providers. 

(VII) Representatives from tribal organizations. 

(VIII) Technical experts. 

(IX) Vendors, developers, and manufacturers of 

systems, facilities, equipment, and capabilities for 

emergency responder services. 

(iii) Representatives of such other stakeholders and 

interested and affected parties as the co-chairpersons 

consider appropriate. 

(3) CO-CHAIRPERSONS.—The members described in subparagraphs (A) and (B) of paragraph (2) shall serve as the co-chairpersons of the RESPONSE Subcommittee. 

(4) INITIAL MEETING.—The initial meeting of the RESPONSE 

Subcommittee shall take place not later than 90 days after the 

date of enactment of the RESPONSE Act of 2016. 

(5) CONSULTATION WITH NONMEMBERS.—The RESPONSE 

Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the 

RESPONSE Subcommittee to consider new and developing 

technologies and methods that may be beneficial to preparedness and response to rail hazardous materials incidents. 

(6) RECOMMENDATIONS.—The RESPONSE Subcommittee 

shall develop recommendations, as appropriate, for improving 

emergency responder training and resource allocation for hazardous materials incidents involving railroads after evaluating 

the following topics: 

(A) The quality and application of training for State and 

local emergency responders related to rail hazardous materials incidents, including training for emergency responders serving small communities near railroads, including 

the following: 


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(i) Ease of access to relevant training for State and 

local emergency responders, including an analysis of— 

(I) the number of individuals being trained; 

(II) the number of individuals who are applying; 

(III) whether current demand is being met; 

(IV) current challenges; and 

(V) projected needs. 

(ii) Modernization of training course content related 

to rail hazardous materials incidents, with a particular focus on fluctuations in oil shipments by rail, 

including regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and 

private sector outreach, effectiveness and ease of access for State and local emergency responders. 

(iii) Identification of overlap in training content and 

identification of opportunities to develop complementary courses and materials among governmental and 

nongovernmental entities. 

(iv) Online training platforms, train-the-trainer, and 

mobile training options. 

(B) The availability and effectiveness of Federal, State, 

local, and nongovernmental funding levels related to training emergency responders for rail hazardous materials incidents, including emergency responders serving small 

communities near railroads, including— 

(i) identifying overlap in resource allocations; 

(ii) identifying cost savings measures that can be 

implemented to increase training opportunities; 

(iii) leveraging government funding with nongovernmental funding to enhance training opportunities and 

fill existing training gaps; 

(iv) adaptation of priority settings for agency funding allocations in response to emerging trends; 

(v) historic levels of funding across Federal agencies 

for rail hazardous materials incident response and 

training, including funding provided by the private 

sector to public entities or in conjunction with Federal 

programs; and 

(vi) current funding resources across agencies. 

(C) The strategy for integrating commodity flow studies, 

mapping, and rail and hazardous materials databases for 

State and local emergency responders and increasing the 

rate of access to the individual responder in existing or 

emerging communications technology. 

(7) REPORT.— 

(A) IN GENERAL.—Not later than 1 year after the date of 

the enactment of the RESPONSE Act of 2016, the RESPONSE Subcommittee shall submit a report to the National Advisory Council that— 

(i) includes the recommendations developed under 

paragraph (6); 

(ii) specifies the timeframes for implementing any 

such recommendations that do not require congressional action; and 


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(iii) identifies any such recommendations that do require congressional action. 

(B) REVIEW.—Not later than 30 days after receiving the 

report under subparagraph (A), the National Advisory 

Council shall begin a review of the report. The National 

Advisory Council may ask for additional clarification, 

changes, or other information from the RESPONSE Subcommittee to assist in the approval of the recommendations. 

(C) RECOMMENDATION.—Once the National Advisory 

Council approves the recommendations of the RESPONSE 

Subcommittee, the National Advisory Council shall submit 

the report to— 

(i) the co-chairpersons of the RESPONSE Subcommittee; 

(ii) the head of each other agency represented on the 

RESPONSE Subcommittee; 

(iii) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(iv) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(v) the Committee on Homeland Security of the 

House of Representatives; and 

(vi) the Committee on Transportation and Infrastructure of the House of Representatives. 

(8) INTERIM ACTIVITY.— (A) UPDATES AND OVERSIGHT.—After the submission of 

the report by the National Advisory Council under paragraph (7), the Administrator shall— 

(i) provide annual updates to the congressional committees referred to in paragraph (7)(C) regarding the 

status of the implementation of the recommendations 

developed under paragraph (6); and 

(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i), as appropriate. 

(B) SUNSET.—The requirements of subparagraph (A) 

shall terminate on the date that is 2 years after the date 

of the submission of the report required under paragraph 

(7)(A). 

(9) TERMINATION.—The RESPONSE Subcommittee shall terminate not later than 90 days after the submission of the report required under paragraph (7)(C). 

(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

(1) IN GENERAL.—Notwithstanding section 871(a) and subject 

to paragraph (2), the Federal Advisory Committee Act (5 

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

10 of such Act, and section 552b(c) of title 5, United States 

Code, shall apply to the National Advisory Council. 

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

Committee Act (5 U.S.C. App.) shall not apply to the National 

Advisory Council. 

SEC. 509. NATIONAL INTEGRATION CENTER. 

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

Integration Center. 


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(b) RESPONSIBILITIES.— (1) IN GENERAL.—The Administrator, through the National 

Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, 

shall ensure ongoing management and maintenance of the National Incident Management System, the øNational Response 

Plan¿ National Response Framework, National Protection 

Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework, and any øsuccessor¿ successors to such system or øplan¿ framework. (2) SPECIFIC RESPONSIBILITIES.—The National Integration 

Center shall periodically review, and revise as appropriate, the 

National Incident Management System and the øNational Response Plan¿ National Response Framework, including— 

(A) establishing, in consultation with the Director of the 

Corporation for National and Community Service, a process to better use volunteers and donations; 

(B) improving the use of Federal, State, local, and tribal 

resources and ensuring the effective use of emergency response providers at emergency scenes; and 

(C) revising the Catastrophic Incident Annex, finalizing 

and releasing the Catastrophic Incident Supplement to the 

øNational Response Plan¿ National Response Framework, and ensuring that both effectively address response requirements in the event of a catastrophic incident. 

(c) INCIDENT MANAGEMENT.— (1) IN GENERAL.— (A) øNATIONAL RESPONSE PLAN¿ NATIONAL RESPONSE

FRAMEWORK.—The Secretary, acting through the Administrator, shall ensure that the øNational Response Plan¿ 

National Response Framework provides for a clear chain of 

command to lead and coordinate the Federal response to 

any natural disaster, act of terrorism, or other man-made 

disaster. 

(B) ADMINISTRATOR.—The chain of the command specified in the øNational Response Plan¿ National Response 

Framework shall— 

(i) provide for a role for the Administrator consistent 

with the role of the Administrator as the principal 

emergency management advisor to the President, the 

Homeland Security Council, and the Secretary under 

section 503(c)(4) and the responsibility of the Administrator under the Post-Katrina Emergency Management Reform Act of 2006, and the amendments made 

by that Act, relating to natural disasters, acts of terrorism, and other man-made disasters; and 

(ii) provide for a role for the Federal Coordinating 

Officer consistent with the responsibilities under section 302(b) of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5143(b)). 

(2) PRINCIPAL FEDERAL OFFICIAL; JOINT TASK FORCE.—The 

Principal Federal Official (or the successor thereto) or Director 

of a Joint Task Force established under section 708 shall not— 

(A) direct or replace the incident command structure established at the incident; or 


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(B) have directive authority over the Senior Federal Law 

Enforcement Official, Federal Coordinating Officer, or 

other Federal and State officials. 

SEC. 510. CREDENTIALING AND TYPING. 

(a) IN GENERAL.—The Administrator shall øenter into a memorandum of understanding¿ partner with the administrators of the 

Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident 

management personnel, emergency response providers, and other 

personnel (including temporary personnel) and resources likely 

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

man-made disasters. 

(b) DISTRIBUTION.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the Administrator shall provide the 

standards developed under subsection (a), including detailed 

written guidance, to— 

(A) each Federal agency that has responsibilities under 

the øNational Response Plan¿ National Response Framework to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural 

disaster, act of terrorism, or other man-made disaster; and 

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

tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond 

to a natural disaster, act of terrorism, or other man-made 

disaster. 

(2) ASSISTANCE.—The Administrator shall provide expertise 

and technical assistance to aid Federal, State, local, and tribal 

government agencies with credentialing and typing incident 

management personnel, emergency response providers, and 

other personnel (including temporary personnel) and resources 

likely needed to respond to a natural disaster, act of terrorism, 

or other man-made disaster. 

(c) CREDENTIALING AND TYPING OF PERSONNEL.—Not later than 

6 months after receiving the standards provided under subsection 

(b), each Federal agency with responsibilities under the øNational 

Response Plan¿ National Response Framework shall ensure that 

incident management personnel, emergency response providers, 

and other personnel (including temporary personnel) and resources 

likely needed to respond to a natural disaster, act of terrorism, or 

other manmade disaster are credentialed and typed in accordance 

with this section. 

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

standards for credentialing health care professionals under this 


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section, the Administrator shall consult with the Secretary of 

Health and Human Services. 

* * * * * * * 

SEC. 515. NATIONAL OPERATIONS CENTER. 

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

when communicated to emergency managers, decision makers, and 

other appropriate officials, can form the basis for incident management decisionmaking and steady-state activity. 

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

principal operations center for the Department and shall— 

(1) provide situational awareness and a common operating 

picture for the entire Federal Government, and for State, local, 

tribal, and territorial governments, the private sector, and 

international partners as appropriate, for events, threats, and 

incidents involving a natural disaster, act of terrorism, or other 

man-made disaster; 

(2) ensure that critical terrorism and disaster-related information reaches government decision-makers; and 

(3) enter into agreements with other Federal operations centers and other homeland security partners, as appropriate, to 

facilitate the sharing of information. 

(c) STATE AND LOCAL EMERGENCY RESPONDER REPRESENTATION.— 

(1) ESTABLISHMENT OF POSITIONS.—The Secretary shall establish a position, on a rotating basis, for a representative of 

State øand local¿, local, and tribal emergency responders at 

the National Operations Center established under subsection 

(b) to ensure the effective sharing of information between the 

Federal Government and State øand local¿, local, and tribal 

emergency response services. 

(2) MANAGEMENT.—The Secretary shall manage the position 

established pursuant to paragraph (1) in accordance with such 

rules, regulations, and practices as govern other similar rotating positions at the National Operations Center. 

* * * * * * * 

øSEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM. 

ø(a) ESTABLISHMENT.— 

ø(1) IN GENERAL.—The Secretary, acting through the officer 

designated under paragraph (2), shall establish and implement 

the voluntary private sector preparedness accreditation and 

certification program in accordance with this section. 

ø(2) DESIGNATION OF OFFICER.—The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter referred to in this section as the ‘‘designated officer’’) shall be one 

of the following: 

ø(A) The Administrator, based on consideration of— 

ø(i) the expertise of the Administrator in emergency 

management and preparedness in the United States; 

and 


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ø(ii) the responsibilities of the Administrator as the 

principal advisor to the President for all matters relating to emergency management in the United States. 

ø(B) The Assistant Secretary for Infrastructure Protection, based on consideration of the expertise of the Assistant Secretary in, and responsibilities for— 

ø(i) protection of critical infrastructure; 

ø(ii) risk assessment methodologies; and 

ø(iii) interacting with the private sector on the 

issues described in clauses (i) and (ii). 

ø(C) The Under Secretary for Science and Technology, 

based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards. 

ø(3) COORDINATION.—In carrying out the accreditation and 

certification program under this section, the designated officer 

shall coordinate with— 

ø(A) the other officers of the Department referred to in 

paragraph (2), using the expertise and responsibilities of 

such officers; and 

ø(B) the Special Assistant to the Secretary for the Private Sector, based on consideration of the expertise of the 

Special Assistant in, and responsibilities for, interacting 

with the private sector. 

ø(b) VOLUNTARY PRIVATE SECTOR PREPAREDNESS STANDARDS; 

VOLUNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE

PRIVATE SECTOR.— ø(1) ACCREDITATION AND CERTIFICATION PROGRAM.—Not later 

than 210 days after the date of enactment of the Implementing 

Recommendations of the 9/11 Commission Act of 2007, the designated officer shall— 

ø(A) begin supporting the development and updating, as 

necessary, of voluntary preparedness standards through 

appropriate organizations that coordinate or facilitate the 

development and use of voluntary consensus standards 

and voluntary consensus standards development organizations; and 

ø(B) in consultation with representatives of appropriate 

organizations that coordinate or facilitate the development 

and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, 

each private sector advisory council created under section 

102(f)(4), appropriate representatives of State and local 

governments, including emergency management officials, 

and appropriate private sector advisory groups, such as 

sector coordinating councils and information sharing and 

analysis centers— 

ø(i) develop and promote a program to certify the 

preparedness of private sector entities that voluntarily 

choose to seek certification under the program; and 

ø(ii) implement the program under this subsection 

through any entity with which the designated officer 

enters into an agreement under paragraph (3)(A), 

which shall accredit third parties to carry out the certification process under this section. 

ø(2) PROGRAM ELEMENTS.— 


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ø(A) IN GENERAL.— 

ø(i) PROGRAM.—The program developed and implemented under this subsection shall assess whether a 

private sector entity complies with voluntary preparedness standards. 

ø(ii) GUIDELINES.—In developing the program under 

this subsection, the designated officer shall develop 

guidelines for the accreditation and certification processes established under this subsection. 

ø(B) STANDARDS.—The designated officer, in consultation 

with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary 

consensus standards, representatives of appropriate voluntary consensus standards development organizations, 

each private sector advisory council created under section 

102(f)(4), appropriate representatives of State and local 

governments, including emergency management officials, 

and appropriate private sector advisory groups such as sector coordinating councils and information sharing and 

analysis centers— 

ø(i) shall adopt one or more appropriate voluntary 

preparedness standards that promote preparedness, 

which may be tailored to address the unique nature of 

various sectors within the private sector, as necessary 

and appropriate, that shall be used in the accreditation and certification program under this subsection; 

and 

ø(ii) after the adoption of one or more standards 

under clause (i), may adopt additional voluntary preparedness standards or modify or discontinue the use 

of voluntary preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness. 

ø(C) SUBMISSION OF RECOMMENDATIONS.—In adopting 

one or more standards under subparagraph (B), the designated officer may receive recommendations from any entity described in that subparagraph relating to appropriate 

voluntary preparedness standards, including appropriate 

sector specific standards, for adoption in the program. 

ø(D) SMALL BUSINESS CONCERNS.—The designated officer 

and any entity with which the designated officer enters 

into an agreement under paragraph (3)(A) shall establish 

separate classifications and methods of certification for 

small business concerns (under the meaning given that 

term in section 3 of the Small Business Act (15 U.S.C. 

632)) for the program under this subsection. 

ø(E) CONSIDERATIONS.—In developing and implementing 

the program under this subsection, the designated officer 

shall— 

ø(i) consider the unique nature of various sectors 

within the private sector, including preparedness 

standards, business continuity standards, or best practices, established— 

ø(I) under any other provision of Federal law; or 


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ø(II) by any sector-specific agency, as defined 

under Homeland Security Presidential Directive– 

7; and 

ø(ii) coordinate the program, as appropriate, with— 

ø(I) other Department private sector related 

programs; and 

ø(II) preparedness and business continuity programs in other Federal agencies. 

ø(3) ACCREDITATION AND CERTIFICATION PROCESSES.— 

ø(A) AGREEMENT.— 

ø(i) IN GENERAL.—Not later than 210 days after the 

date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the designated officer shall enter into one or more agreements 

with a highly qualified nongovernmental entity with 

experience or expertise in coordinating and facilitating 

the development and use of voluntary consensus 

standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector entity, to carry out accreditations and oversee the 

certification process under this subsection. An entity 

entering into an agreement with the designated officer 

under this clause (hereinafter referred to in this section as a ‘‘selected entity’’) shall not perform certifications under this subsection. 

ø(ii) CONTENTS.—A selected entity shall manage the 

accreditation process and oversee the certification 

process in accordance with the program established 

under this subsection and accredit qualified third parties to carry out the certification program established 

under this subsection. 

ø(B) PROCEDURES AND REQUIREMENTS FOR ACCREDITATION AND CERTIFICATION.— 

ø(i) IN GENERAL.—Any selected entity shall collaborate to develop procedures and requirements for the 

accreditation and certification processes under this 

subsection, in accordance with the program established under this subsection and guidelines developed 

under paragraph (2)(A)(ii). 

ø(ii) CONTENTS AND USE.—The procedures and requirements developed under clause (i) shall— 

ø(I) ensure reasonable uniformity in any accreditation and certification processes if there is more 

than one selected entity; and 

ø(II) be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection. 

ø(iii) DISAGREEMENT.—Any disagreement among selected entities in developing procedures under clause 

(i) shall be resolved by the designated officer. 

ø(C) DESIGNATION.—A selected entity may accredit any 

qualified third party to carry out the certification process 

under this subsection. 


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ø(D) DISADVANTAGED BUSINESS INVOLVEMENT.—In accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall 

ensure, to the extent practicable, that the third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term 

‘‘disadvantaged business concern’’ means a small business 

that is owned and controlled by socially and economically 

disadvantaged individuals, as defined in section 124 of 

title 13, United States Code of Federal Regulations. 

ø(E) TREATMENT OF OTHER CERTIFICATIONS.—At the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the 

selected entity determines that such other certifications 

are sufficient to meet the certification requirement or aspects of the certification requirement under this section, 

the selected entity may give credit to the entity seeking 

certification, as appropriate, to avoid unnecessarily duplicative certification requirements. 

ø(F) THIRD PARTIES.—To be accredited under subparagraph (C), a third party shall— 

ø(i) demonstrate that the third party has the ability 

to certify private sector entities in accordance with the 

procedures and requirements developed under subparagraph (B); 

ø(ii) agree to perform certifications in accordance 

with such procedures and requirements; 

ø(iii) agree not to have any beneficial interest in or 

any direct or indirect control over— 

ø(I) a private sector entity for which that third 

party conducts a certification under this subsection; or 

ø(II) any organization that provides preparedness consulting services to private sector entities; 

ø(iv) agree not to have any other conflict of interest 

with respect to any private sector entity for which that 

third party conducts a certification under this subsection; 

ø(v) maintain liability insurance coverage at policy 

limits in accordance with the requirements developed 

under subparagraph (B); and 

ø(vi) enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained 

under this subsection. 

ø(G) MONITORING.— 

ø(i) IN GENERAL.—The designated officer and any selected entity shall regularly monitor and inspect the 

operations of any third party conducting certifications 

under this subsection to ensure that the third party is 

complying with the procedures and requirements established under subparagraph (B) and all other applicable requirements. 


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ø(ii) REVOCATION.—If the designated officer or any 

selected entity determines that a third party is not 

meeting the procedures or requirements established 

under subparagraph (B), the selected entity shall— 

ø(I) revoke the accreditation of that third party 

to conduct certifications under this subsection; 

and 

ø(II) review any certification conducted by that 

third party, as necessary and appropriate. 

ø(4) ANNUAL REVIEW.— ø(A) IN GENERAL.—The designated officer, in consultation with representatives of appropriate organizations that 

coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate 

representatives of State and local governments, including 

emergency management officials, and each private sector 

advisory council created under section 102(f)(4), shall annually review the voluntary accreditation and certification 

program established under this subsection to ensure the 

effectiveness of such program (including the operations 

and management of such program by any selected entity 

and the selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make 

improvements and adjustments to the program as necessary and appropriate. 

ø(B) REVIEW OF STANDARDS.—Each review under subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the 

program under this subsection. 

ø(5) VOLUNTARY PARTICIPATION.—Certification under this 

subsection shall be voluntary for any private sector entity. 

ø(6) PUBLIC LISTING.—The designated officer shall maintain 

and make public a listing of any private sector entity certified 

as being in compliance with the program established under 

this subsection, if that private sector entity consents to such 

listing. 

ø(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as— 

ø(1) a requirement to replace any preparedness, emergency 

response, or business continuity standards, requirements, or 

best practices established— 

ø(A) under any other provision of federal law; or 

ø(B) by any sector-specific agency, as those agencies are 

defined under Homeland Security Presidential Directive–7; 

or 

ø(2) exempting any private sector entity seeking certification 

or meeting certification requirements under subsection (b) from 

compliance with all applicable statutes, regulations, directives, 

policies, and industry codes of practice.¿ 

SEC. 525. ACCEPTANCE OF GIFTS. 

(a) AUTHORITY.—The øSecretary¿ Administrator may accept and 

use gifts of property, both real and personal, and may accept gifts 

of services, including from guest lecturers, for otherwise authorized 

activities of the Center for Domestic Preparedness that are related 


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to efforts to prevent, prepare for, protect against, or respond to a 

natural disaster, act of terrorism, or other man-made disaster, including the use of a weapon of mass destruction. 

(b) PROHIBITION.—The Secretary may not accept a gift under this 

section if the Secretary determines that the use of the property or 

services would compromise the integrity or appearance of integrity 

of— 

(1) a program of the Department; or 

(2) an individual involved in a program of the Department. 

(c) REPORT.— (1) IN GENERAL.—The Secretary shall submit to the Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs of the Senate an annual report disclosing— 

(A) any gifts that were accepted under this section during the year covered by the report; 

(B) how the gifts contribute to the mission of the Center 

for Domestic Preparedness; and 

(C) the amount of Federal savings that were generated 

from the acceptance of the gifts. 

(2) PUBLICATION.—Each report required under paragraph (1) 

shall be made publically available. 

* * * * * * * 


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