```

[House Report 115-191]
[From the U.S. Government Publishing Office]

115th Congress  }                                     {  Rept. 115-191
                      HOUSE OF REPRESENTATIVES
 1st Session    }                                     {     Part 1

======================================================================

 
                    FEMA REAUTHORIZATION ACT OF 2017

                                _______
                                

 June 23, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2548]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2548) to reauthorize the programs 
and activities of the Federal Emergency Management Agency, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     9
Legislative History and Consideration............................    10
Committee Votes..................................................    11
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    11
Performance Goals and Objectives.................................    13
Advisory of Earmarks.............................................    13
Duplication of Federal Programs..................................    13
Disclosure of Directed Rule Makings..............................    14
Federal Mandate Statement........................................    14
Preemption Clarification.........................................    14
Advisory Committee Statement.....................................    14
Applicability of Legislative Branch..............................    14
Section-by-Section Analysis of Legislation.......................    14
Changes in Existing Law Made by the Bill, as Reported............    15

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``FEMA Reauthorization Act of 2017''.

SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

  Section 699 of the Post-Katrina Emergency Management Reform Act of 
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
          (1) by striking ``administration and operations'' each place 
        it appears and inserting ``management and administration'';
          (2) in paragraph (2), by striking ``; and'';
          (3) in paragraph (3), by striking the period and inserting 
        ``; and''; and
          (4) by adding at the end the following:
          ``(4) for fiscal year 2018, $1,049,000,000;
          ``(5) for fiscal year 2019, $1,065,784,000; and
          ``(6) for fiscal year 2020, $1,082,836,544.''.

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

  (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Administrator shall begin, acting through 
the National Advisory Council, a comprehensive study relating to 
disaster costs and losses and Federal disaster assistance.
  (b) Additional Membership.--For the purposes of the comprehensive 
study required under subsection (a), as soon as practicable after the 
date of enactment of this Act, the Administrator shall appoint the 
following members to the National Advisory Council:
          (1) Individuals who have the requisite technical knowledge 
        and expertise on issues related to disaster costs and losses.
          (2) Representatives of the insurance industry.
          (3) Experts in and representatives of the construction and 
        building industry.
          (4) Individuals nominated by national organizations 
        representing State, local, and tribal governments and 
        personnel.
          (5) Academic experts.
          (6) Representatives of the private industry, such as vendors, 
        developers, and manufacturers of systems, facilities, 
        equipment, and capabilities for emergency management services.
          (7) Other members, as the Administrator considers 
        appropriate.
  (c) Consultation With Nonmembers.--For the purposes of the 
comprehensive study required under subsection (a), the National 
Advisory Council shall consult with other relevant agencies and 
entities that are not represented on the National Advisory Council to 
consider research, data, findings, recommendations, innovative 
technologies and developments, including--
          (1) entities engaged in federally funded research; and
          (2) academic institutions engaged in relevant work and 
        research.
  (d) Study Requirements.--Not later than 120 days after the date of 
enactment of this Act, the National Advisory Council shall convene to 
evaluate disaster costs and losses and Federal disaster assistance, 
including consideration of the following:
          (1) Trends and contributing factors.--An assessment of 
        trends, and factors contributing to such trends (such as 
        shifting demographics and aging infrastructure), in disaster 
        costs and losses and Federal disaster assistance, including the 
        following:
                  (A) Loss of life and injury.
                  (B) Property damage and other costs to individuals, 
                the private sector, and each level of government.
                  (C) Presidentially declared disasters.
                  (D) Disaster assistance available from all Federal 
                sources.
          (2) Disaster roles and responsibility.--Fundamental 
        principles that drive national disaster assistance decision 
        making, including the appropriate roles for each level of 
        government, the private sector, and individuals.
  (e) Recommendations.--The National Advisory Council shall develop 
recommendations to reduce disaster costs and losses in the United 
States and to more efficiently and effectively deliver Federal disaster 
assistance, including consideration of the following:
          (1) Actions to enhance national disaster assistance decision 
        making.
          (2) Incentives, including tax incentives, to reduce disaster 
        costs and losses and promote a more efficient and effective use 
        of Federal disaster assistance.
          (3) Mechanisms to promote disaster cost and loss reduction, 
        mitigation, and resiliency.
          (4) Legislative proposals, including proposals for 
        implementing the recommendations in the report compiled 
        pursuant to the requirement in section 1111 of the Sandy 
        Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat. 
        49).
          (5) Legal, societal, geographic, technological, and other 
        challenges to implementation of recommendations.
          (6) Projected dollar savings and efficiencies, including 
        measures of effectiveness, from recommendations.
  (f) Report to Administrator and Congress.--Not later than 1 year 
after the National Advisory Council convenes under subsection (d), the 
National Advisory Council shall submit a report containing the data, 
analysis, and recommendations developed under subsections (d) and (e) 
to--
          (1) the Administrator;
          (2) the Committee on Transportation and Infrastructure of the 
        House of Representatives; and
          (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.
  (g) Availability of Information.--The Administrator shall make the 
data collected pursuant to this section publicly available on the 
website of the Agency.

SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

  Section 1204 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1102) is amended--
          (1) in subsection (d) by striking paragraphs (1) and (2) and 
        inserting the following:
          ``(1) for the Center for Domestic Preparedness--
                  ``(A) $63,939,000 for fiscal year 2018;
                  ``(B) $64,962,024 for fiscal year 2019; and
                  ``(C) $66,001,416 for fiscal year 2020; and
          ``(2) for the members referred to in paragraphs (2) through 
        (7) of subsection (b)--
                  ``(A) $101,000,000 for fiscal year 2018;
                  ``(B) $102,606,000 for fiscal year 2019; and
                  ``(C) $104,247,856 for fiscal year 2020.''; and
          (2) in subsection (e) in the matter preceding paragraph (1), 
        by striking ``2007'' and inserting ``2015''.

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

  The Administrator of the Federal Emergency Management Agency shall be 
responsible for the Nation's efforts to reduce the loss of life and 
property, and to protect the Nation, from an earthquake, tsunami, or 
combined earthquake and tsunami event by developing the ability to 
prepare and plan for, mitigate against, respond to, recover from, and 
more successfully adapt to such an event.

SEC. 6. AUTHORITIES.

  Notwithstanding any other provision of law, the non-federally funded 
actions of private parties, State, local, or Tribal governments, on 
State, local, Tribal, and private land, and the effects of those 
actions, shall not be attributed to the Federal Emergency Management 
Agency's actions under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (subtitle A of title II of division F of Public Law 112-141; 126 
Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 
(Public Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16 
U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species 
Act. Actions taken under the National Flood Insurance Act of 1968, the 
Flood Disaster Protection Act of 1973, the Biggert Waters Flood 
Insurance Reform Act of 2012, and the Homeowner Flood Insurance 
Affordability Act of 2014, that may influence private actions do not 
create a Federal nexus for the purpose of applying the requirements of 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).

SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT.

  (a) Homeland Security Act of 2002.--Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 501 et seq.) is amended--
          (1) in section 501(8) (6 U.S.C. 311(8))--
                  (A) by striking ``National Response Plan'' each place 
                it appears and inserting ``National Response 
                Framework''; and
                  (B) by striking ``502(a)(6)'' and inserting 
                ``504(a)(6)'';
          (2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting ``and 
        incidents impacting critical infrastructure'' before the 
        semicolon;
          (3) in section 504(a) (6 U.S.C. 314(a))--
                  (A) in paragraph (3) by striking ``, including--'' 
                and inserting ``(that includes incidents impacting 
                critical infrastructure), including--'';
                  (B) in paragraph (4) by inserting ``, including 
                incidents impacting critical infrastructure'' before 
                the semicolon;
                  (C) in paragraph (5) by striking ``and local'' and 
                inserting ``local, and tribal'';
                  (D) in paragraph (6) by striking ``national response 
                plan'' and inserting ``national response framework, 
                which shall be reviewed and updated as required but not 
                less than every 5 years'';
                  (E) by redesignating paragraphs (7) through (21) as 
                paragraphs (8) through (22), respectively;
                  (F) by inserting after paragraph (6) the following:
          ``(7) developing integrated frameworks, to include 
        consolidating existing Government plans addressing prevention, 
        protection, mitigation, and recovery with such frameworks 
        reviewed and updated as required, but not less than every 5 
        years;''; and
                  (G) in paragraph (14), as redesignated, by striking 
                ``National Response Plan'' each place it appears and 
                inserting ``National Response Framework'';
          (4) in section 507 (6 U.S.C. 317)--
                  (A) in subsection (c)--
                          (i) in paragraph (2)(E), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework''; and
                          (ii) in paragraph (3)(A), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework''; and
                  (B) in subsection (f)(1)(G), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework'';
          (5) in section 508 (6 U.S.C. 318)--
                  (A) in subsection (b)(1), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework''; and
                  (B) in subsection (d)(2)(A), by striking ``The Deputy 
                Administrator, Protection and National Preparedness'' 
                and inserting ``A Deputy Administrator'';
          (6) in section 509 (6 U.S.C. 319)--
                  (A) in subsection (b)--
                          (i) in paragraph (1)--
                                  (I) by striking ``National Response 
                                Plan'' and inserting ``National 
                                Response Framework, National Protection 
                                Framework, National Prevention 
                                Framework, National Mitigation 
                                Framework, National Recovery 
                                Framework'';
                                  (II) by striking ``successor'' and 
                                inserting ``successors''; and
                                  (III) by striking ``plan'' at the end 
                                of that paragraph and inserting 
                                ``framework''; and
                          (ii) in paragraph (2), by striking ``National 
                        Response Plan'' each place it appears and 
                        inserting ``National Response Framework''; and
                  (B) in subsection (c)(1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``National response 
                                plan'' in the header and inserting 
                                ``National response framework''; and
                                  (II) by striking ``National Response 
                                Plan'' in the text and inserting 
                                ``National Response Framework''; and
                          (ii) in subparagraph (B), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework'';
          (7) in section 510 (6 U.S.C. 320)--
                  (A) in subsection (a), by striking ``enter into a 
                memorandum of understanding'' and inserting 
                ``partner'';
                  (B) in subsection (b)(1)(A), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework''; and
                  (C) in subsection (c), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework'';
          (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking 
        ``and local'' each place it appears and inserting ``, local, 
        and tribal'';
          (9) by striking section 524 (6 U.S.C. 321m); and
          (10) in section 525(a) (6 U.S.C. 321n), by striking 
        ``Secretary'' and inserting ``Administrator''.
  (b) Post-Katrina Emergency Management Reform Act of 2006.--
          (1) Citation correction.--Section 602(13) of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is 
        amended by striking ``502(a)(6)'' and inserting ``504(a)(6)''.
          (2) Change of reference.--Chapter 1 of subtitle C of title VI 
        of the Post-Katrina Emergency Management Reform Act of 2006 
        (Public Law 109-295) is amended by striking ``National Response 
        Plan'' each place it appears and inserting ``National Response 
        Framework''.

                         Purpose of Legislation

    H.R. 2548, as amended, reauthorizes the programs and 
activities of the Federal Emergency Management Agency (FEMA).

                  Background and Need for Legislation

Federal Emergency Management Agency: History and Reauthorization

    FEMA was established in 1979 by Executive Order 12148 by 
President Carter in response to a number of massive disasters 
in the 1960s and 1970s. As a result of states trying to manage 
these disasters, the National Governors Association and others 
made a proposal to streamline and cut the number of agencies 
states were required to work with following a disaster. Prior 
to the creation of FEMA, the federal government's emergency 
response mechanisms were scattered among many agencies 
throughout government. The creation of FEMA helped to 
centralize these authorities and the coordination of the 
federal government's response to a disaster. The Disaster 
Relief Act of 1974 (Public Law 93-288), which constituted the 
statutory authority for most federal disaster response 
activities, especially of FEMA, was later amended by the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, 
(Stafford Act) (Public Law 100-707). Following more than two 
decades as an independent agency, the Homeland Security Act of 
2002 (Public Law 107-296) created the Department of Homeland 
Security (DHS), placed FEMA within DHS, and FEMA's functions 
were dispersed among various offices and directorates within 
DHS.
            Post-Katrina Emergency Management Reform Act of 2006
    In 2005, Hurricanes Katrina and Rita devastated the Gulf 
Coast. Following the poor response that occurred, several 
investigations and congressional hearings took place to examine 
the preparation for, response to, and later recovery from these 
hurricanes. In particular, the Select Bipartisan Committee to 
Investigate the Preparation for and Response to Hurricane 
Katrina was formed and culminated in the issuance of a report 
entitled, ``A Failure of Initiative: The Final Report of the 
Select Bipartisan Committee to Investigate the Preparation for 
and Response to Hurricane Katrina'' on February 15, 2006.
    Not long after the issuance of this report, Congress 
enacted the Post-Katrina Emergency Management Reform Act of 
2006 (Public Law 109-295) (PKEMRA), which gave FEMA clear 
guidance on its mission and priorities, and provided it with 
the authorities and tools needed to become a more effective and 
efficient agency and a better partner to state, local, 
territorial, and tribal governments. PKEMRA authorized FEMA for 
the first time in legislation.

FEMA Disaster Assistance Reform Act of 2017

    H.R. 2548, as amended, the FEMA Reauthorization Act of 
2017, establishes a comprehensive study to assess disaster 
costs and develop recommendations for reducing those costs, 
reauthorizes FEMA's overall management and administration 
through fiscal year 2020, and reauthorizes other programs 
important to the Nation's emergency management capabilities and 
components of the disaster preparedness and response system.
            Comprehensive study for disaster costs and losses
    Disaster costs and losses continue to increase and H.R. 
2548, as amended, requires a complete assessment of those 
losses, what is driving those losses, what federal disaster 
assistance is available to individuals and the public and 
private sectors, the appropriate roles of each of those 
parties, and what public policy changes would result in fewer 
disaster losses and lower disaster costs.
    The study will be undertaken through the existing National 
Advisory Council established by FEMA pursuant to section 508 of 
PKEMRA (6 U.S.C. 318). The Administrator is required to appoint 
additional members for the purpose of the study to ensure that 
the full array of public and private sector stakeholders are 
involved and contributing. The Committee does not intend for 
these additional members to become permanent members of the 
National Advisory Council, but are to participate fully until 
the completion of the study and recommendations.
    When the National Advisory Council develops recommendations 
related to ``mechanisms to promote disaster cost and loss 
reduction, mitigation and resiliency'' under section 3(e)(3) of 
H.R. 2548, as amended, the Council shall consider resiliency to 
mean: resistant to hazards related to major disasters, ability 
of the project to serve its primary function following a major 
disaster, ability to reduce the magnitude or duration of a 
disruptive event to the community, and have the absorptive and 
adaptive capacity and recoverability to withstand a potentially 
disruptive event. The Committee requests that the comprehensive 
study on disaster costs and losses consider the utility of 
disaster resistant construction techniques and green 
construction techniques to reduce the impact of major disasters 
or hazards. The study should include the methods that can be 
employed to create disaster resistant communities to reduce 
loss of life and property and should consider existing guidance 
and policies, the hazards against which they are intended to 
mitigate, and the process for reviewing and updating guidance. 
In addition, the study should identify any gaps, challenges, 
and limiting factors that exist, including required changes to 
statute or regulation. The Committee further believes it is 
important to ensure such guidance is readily available to key 
stakeholders.
    The professional engineering industry has made valuable 
contributions to emergency response and recovery efforts in the 
wake of disasters and emergencies. Structural engineers 
evaluate and stabilize structures in support of emergency 
responders conducting search and rescue, and mechanical 
engineers are sometimes needed to help free victims. Disasters 
and emergencies, whether they are natural or manmade, are 
varied and unpredictable, and engineering services are needed 
for rescue, recovery, reconstruction, and remediation services. 
Unfortunately, property and lives are sometimes lost or damaged 
during a disaster and the ensuing emergency response effort.
    The Committee is concerned that the potential threat of 
liability and other factors may deter professional engineers 
and other professionals from contributing their skills during 
times of disasters and emergencies. The Committee requests FEMA 
to investigate any potential limiting factors that may deter 
professionals from contributing skills to disaster response 
efforts and how those factors may be appropriately mitigated. 
This is yet another important contributing factor to disaster 
costs and losses. In conducting the comprehensive study 
relating to disaster costs and losses, the members of the 
National Advisory Council conducting the study should include 
professional engineers and should consider issues of liability 
and other limiting factors that may deter engineers and other 
professionals from participating in disaster response and 
recovery.
    As part of the comprehensive study, the Committee is 
interested in innovative ideas to aid long-term recovery 
efforts, mitigate future disaster damage, and engage 
communities in building local and regional resilience. The 
National Advisory Council should examine how to better inform 
and collaborate with individual, community, non-governmental 
organizations, and local governments, as well as whether and 
how to incorporate new technology and scientific research to 
address community vulnerabilities and assets. Further, the 
Council should consider whether a regionally based authority 
could aid in this effort.
    FEMA is to be wholly transparent throughout the study by 
posting data, findings and other materials on their website, to 
the extent that the data and information does not include 
private, sensitive, or secure information. Periodic updates 
should be given to the Committee.
            Center for Domestic Preparedness
    The Center for Domestic Preparedness provides specialized, 
all-hazards preparedness training in support of the National 
Training and Education System to state, local, and tribal 
emergency responders on skills tied to national preparedness 
priorities, particularly those related to chemical, biological, 
radiological, and nuclear weapons of mass destruction. To date, 
the Center for Domestic Preparedness has trained more than 
895,690 students from state, local, and tribal agencies. 
Training is designed to build the Nation's capacity to respond 
to and recover from disasters in a quick and robust fashion, 
therefore, strengthening the Nation's preparedness and 
resilience in support of emergency and disaster declarations, 
response operations, exercises, and National Special Security 
Events.
            National Domestic Preparedness Consortium
    The National Domestic Preparedness Consortium provides 
first responders with a comprehensive all-hazards training 
program that includes a focus on weapons of mass destruction 
and natural disasters aimed to improve their capacity to 
prevent, protect against, respond to, and recover from all 
hazards.
            FEMA's responsibilities for earthquake and tsunami events
    Currently, FEMA is responsible for leading ``the Nation's 
efforts to prepare for, protect against, respond to, recover 
from, and mitigate against the risk of natural disasters . . . 
.'' (6 U.S.C. 313). This lead role should and does include 
earthquake and tsunami events. The Committee believes FEMA must 
provide the same attention and focus to the threat of 
earthquake and tsunami hazards and events as it does to other 
hazards, such as flooding and hurricanes. The Committee also 
directs FEMA to work to ensure that other federal agencies with 
earthquake and tsunami programs ensure that those programs are 
coordinated with FEMA's activities.
            Authorities
    FEMA is not responsible for privately funded actions by 
private parties on private land. Yet other federal agencies 
have taken it upon themselves to interpret FEMA's authorities 
under FEMA's program in a manner contrary to Congress' intent 
and FEMA's long-standing interpretation. In order to prevent 
other federal agencies from attempting to broaden FEMA's 
authorities, the Committee is required to state again that 
privately funded actions taken by private parties on private 
land do not constitute federal actions, and actions taken under 
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 
4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141 division F, title II, subtitle A; 126 
Stat. 916), and the Homeowner Flood Insurance Affordability Act 
of 2014 (Public Law 113-89; 128 Stat. 1020), that may influence 
private actions do not create a federal nexus that requires 
consultation under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536).

Other items

            Vulnerable populations
    As FEMA carries out its authorities and responsibilities, 
the Committee directs FEMA to provide guidance and coordination 
to states, tribes, and local governments as they develop state, 
tribal and local preparedness plans to assure that they 
consider effective means for evacuating their elderly, 
disabled, and homeless populations. In particular, as FEMA 
provides funding, training, exercise, technical assistance, 
planning, and other assistance to build state, tribal, and 
local capabilities, FEMA should encourage and highlight the 
importance of ensuring these populations are consulted and 
included in State, tribal and local activities.
            Disaster Resilient Universities Network
    Colleges and universities are critical to the economic 
health of their surrounding communities. Often serving as 
regional, if not national, hubs for innovation and research, 
their ability to resume operations quickly following a disaster 
greatly speeds the recovery of the entire community. In 2000, 
six schools participated in the FEMA Disaster Resistant 
Universities pilot initiative. The intent of FEMA's initiative 
was to support university efforts to reduce and manage 
vulnerability to hazards. The pilot initiative yielded a grant 
program and a how-to guide focused on mitigation and risk 
reduction. The grant program was short-lived--there was only 
one funding cycle, and fewer than 20 schools received grant 
funding for campus mitigation planning.
    Several institutions of higher education kept the core 
concept of the Disaster Resilient Universities (DRU) alive. 
They saw the need for a practical, peer-to-peer network to 
support emergency management and disaster planning on their 
campuses. In 2005, the University of Oregon started the DRU 
listserv with 35 members. The listserv quickly became the 
cornerstone of the DRU Network and served as a 
multidisciplinary, practitioner-based communication resource. 
The goal was simple: facilitate open communication, discussion, 
and resource sharing among university and college practitioners 
charged with making the Nation's campuses more disaster 
resilient. As of 2015, there are over 1,200 members on the DRU 
listserv.
    The DRU concept has continued to evolve over time. Key to 
the evolution was the formation of the University and College 
Caucus (UCC) under the International Association of Emergency 
Managers. The DRU Network and UCC have developed a number of 
tools and resources on a peer-to-peer multidisciplinary basis. 
These include: DRU listserv and repository; Annual University 
and College Caucus workshop; regional DRU summits; 
practitioner-based training and course development in 
partnership with FEMA Emergency Management Institute; standards 
and resilience crosswalk tool; higher education guidance for 
the Emergency Management Accreditation Program, and DRU 
incident tracking system.
    Over the past year, the International Association of 
Emergency Managers--Universities and College Caucus and 
Disaster Resilient Universities network has been working to 
develop the first National Intercollegiate Mutual Aid 
Agreement. The National Intercollegiate Mutual Aid Agreement 
among colleges and universities will provide a peer-to-peer 
network for institutions of higher education to coordinate 
assistance and share resources during emergencies. The 
Committee recognizes this as a positive step forward to 
protecting the mission of our nation's universities and 
colleges and commends the DRU and UCC for advancing disaster 
resilience on our nation's campuses.

                                Hearings

    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management, held the following hearings and 
roundtable discussions on subjects related to matters contained 
in H.R. 2548, as amended, during the 114th and 115th Congress:
    ``Rebuilding after the Storm: Lessening Impacts and 
Speeding Recovery'' held on January 27, 2015. The purpose of 
the hearing was to launch an assessment of the rising costs of 
disasters, the cost effectiveness of disaster assistance, 
strategies to reduce disaster losses, and the appropriate roles 
of government and the private sector, and to consider reforms 
to save lives through improved alerts and warning systems and 
search and rescue.
    ``What is Driving the Increasing Costs and Rising Losses 
from Disasters?'' held on March 18, 2015. The purpose of the 
roundtable was to examine and discuss data related to disaster 
costs, the trends observed over time, and the projections for 
the future given the policies in place today.
    ``Pacific Northwest Seismic Hazards: Planning and Preparing 
for the Next Disaster'' held on May 19, 2015. The purpose of 
the hearing was to assess the FEMA's role in earthquake hazard 
preparedness, mitigation, response, and recovery, and to 
examine the efforts of the Pacific Northwest and seismic hazard 
experts to reduce disaster impacts and build stronger 
communities.
    ``The State of Pennsylvania and FEMA Region III are Leaders 
in Mitigating Disaster Costs and Losses'' held on May 28, 2015. 
The purpose of the roundtable was to examine disaster costs and 
losses, focus on hazards impacting Pennsylvania and the region, 
and identify best practices for mitigating and avoiding 
disaster impacts.
    ``Federal Disaster Assistance: Roles, Programs and 
Coordination'' held on June 17, 2015. The purpose of the 
roundtable was to examine and discuss federal disaster 
assistance programs, the requirements and effectiveness of 
those programs, and coordination among various agencies and 
stakeholders.
    ``Earthquake Early Warning in the Pacific Northwest: 
Preparing for the Big One'' held on September 22, 2015. The 
purpose of the roundtable was to convene federal, state and 
local officials and academics to discuss earthquake resiliency 
programs and efforts, the Shake Alert earthquake early warning 
system, and next steps for developing an offshore earthquake 
early warning system.
    ``Controlling the Rising Cost of Federal Responses to 
Disaster'' held on May 12, 2016. The purpose of the hearing was 
to begin exploring potential solutions and the principles that 
should be driving solutions to lower the overall costs of 
disasters and to help avoid devastating losses.
    ``An Examination of FEMA's Limited Role in Local Land Use 
Development Decisions'' held on September 21, 2016. The purpose 
of the hearing was to examine FEMA's role and authorities under 
the National Flood Insurance Program (NFIP), their impact on 
local land-use development decisions, and the national 
implications of FEMA's implementation of the NFIP.
    ``Building a 21st Century Infrastructure for America: The 
National Preparedness System'' held on March 16, 2017. The 
purpose of the hearing was to assess the development, 
successes, and challenges of the National Preparedness System 
and to understand how well the preparedness grant program is 
building national preparedness capabilities.
    ``Building a 21st Century Infrastructure for America: 
Mitigating Damage and Recovering Quickly from Disasters'' held 
on April 27, 2017. The purpose of the hearing was to examine 
how to protect infrastructure against future disaster damage, 
how to lower the overall disaster costs, and to identify 
challenges facing FEMA in responding to, recovering from, and 
mitigating against disasters, both natural and manmade.

                 Legislative History and Consideration

    On May 19, 2017, Subcommittee on Economic Development, 
Public Buildings, and Emergency Management Chairman, 
Congressman Lou Barletta (R-PA) introduced H.R. 2548, a bill to 
reauthorize the programs and activities of the FEMA, along with 
Subcommittee Ranking Member, Congressman Henry C. ``Hank'' 
Johnson, Jr. (D-GA); Full Committee Chairman, Congressman Bill 
Shuster (R-PA); and Full Committee Ranking Member, Congressman 
Peter A. DeFazio (D-OR).
    On May 24, 2017, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2548. The 
Committee considered one amendment offered by Full Committee 
Ranking Member Peter A. DeFazio (D-OR) which passed by voice 
vote. The Committee ordered the bill, as amended, reported 
favorably to the House by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each Committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those Members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 2548, as amended, or ordering the 
measure reported. A motion to order H.R. 2548, as amended, 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2548, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2548, the FEMA 
Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2548--FEMA Reauthorization Act of 2017

    Summary: H.R. 2548 would authorize appropriations for the 
administration and operation of the Federal Emergency 
Management Agency (FEMA) and for the National Domestic 
Preparedness Consortium (NDPC) from 2018 through 2020. The bill 
also would require FEMA's National Advisory Council (NAC) to 
complete a comprehensive study of disaster costs and federal 
disaster assistance.
    CBO estimates that implementing H.R. 2548 would cost about 
$3.7 billion over the 2018-2022 period, assuming appropriation 
of the authorized and necessary amounts. Enacting H.R. 2548 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    H.R. 2548 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 2548 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2017      2018      2019      2020      2021      2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
FEMA Administration and Operation:
    Authorization Level..................         0     1,049     1,066     1,083         0         0      3,198
    Estimated Outlays....................         0       629       954     1,064       421        97      3,165
National Domestic Preparedness
 Consortium:
    Authorization Level..................         0       165       168       170         0         0        503
    Estimated Outlays....................         0        99       150       167        66        15        497
National Advisory Council Study:
    Estimated Authorization Level........         0         4         0         0         0         0          4
    Estimated Outlays....................         0         4         0         0         0         0          4
    Total Increases
        Estimated Authorization Level....         0     1,218     1,234     1,253         0         0      3,705
        Estimated Outlays................         0       732     1,104     1,231       487       112      3,666
----------------------------------------------------------------------------------------------------------------
Note: FEMA = Federal Emergency Management Agency.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2548 will be enacted near the end of 2017, that the authorized 
and necessary amounts will be appropriated for each year, and 
that spending will follow historical patterns for the affected 
programs.

FEMA administration and operation

    FEMA is responsible for protecting against, responding to, 
and recovering from all hazards, including natural disasters, 
acts of terrorism, and other man-made disasters. H.R. 2548 
would authorize the appropriation of about $1 billion for 2018 
and about $3.2 billion over the 2018-2020 period for the 
administration and operation of FEMA; in 2017, the Congress 
appropriated $1 billion for those purposes. CBO estimates that 
implementing this section would cost about $3.2 billion over 
the 2018-2022 period.

National domestic preparedness consortium

    The NDPC is a partnership of several nationally recognized 
organizations that address the counter-terrorism preparedness 
needs of the nation's emergency responders within the context 
of all hazards. FEMA uses this organization to identify, 
develop, test, and deliver training to state and local 
emergency responders. The bill would authorize the 
appropriation of $165 million for 2018 and $503 million over 
the 2018-2020 period for operation of the NDPC; in 2016 FEMA 
allocated $98 million for the NDPC (the latest year for which 
information is available). CBO estimates that implementing this 
section would cost $497 million over the 2018-2022 period.

National Advisory Council study

    H.R. 2548 would direct the NAC to complete a comprehensive 
study of the costs of recent disasters and the effectiveness of 
FEMA's emergency assistance programs. The NAC also would submit 
recommendations to the Congress to improve the efficiency and 
effectiveness of federal disaster relief. Based on an analysis 
of information provided by FEMA on the cost of a similar study, 
CBO estimates that implementing this provision would cost $4 
million in 2018.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: H.R. 2548 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Robert Reese; Impact 
on state, local, and tribal governments: Rachel Austin; Impact 
on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation, as amended, 
is to reauthorize the programs and activities of FEMA.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 2548, as amended, establishes or reauthorizes a program 
of the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 2548, as amended, does 
not direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2548, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    H.R. 2548, as amended, requires a comprehensive study of 
disaster costs and losses through the existing National 
Advisory Council, as established pursuant to section 508 of the 
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
318) and provides for any costs associated with such committee 
be provided for from the amounts authorized in the legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation, as amended, does 
not relate to the terms and conditions of employment or access 
to public services or accommodations within the meaning of 
section 102(b)(3) of the Congressional Accountability Act 
(Public Law 104-1).

               Section-by-Section Analysis of Legislation

Section 1: Short title

    Section 1 designates the short title as the ``FEMA 
Reauthorization Act of 2017.''

Section 2: Reauthorization of the Federal Emergency Management Agency 
        (FEMA)

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

Section 3: Comprehensive study of disaster costs and losses

    This section directs the National Advisory Council to 
undertake a comprehensive study into the trends related to 
disaster assistance, costs and losses and provide 
recommendations to reduce the costs related to these events.

Section 4: National Domestic Preparedness Consortium

    This section reauthorizes the Center for Domestic 
Preparedness through fiscal year 2020, consistent with current 
funding levels. For fiscal year 2018, $63.9 million; for fiscal 
year 2019, $65 million; for fiscal year 2020, $66 million. This 
section also reauthorizes the National Domestic Preparedness 
Consortium through fiscal year 2020, consistent with current 
funding levels. For fiscal year 2018, $101 million; for fiscal 
year 2019, $102.6 million; for fiscal year 2020, $104.2 
million.

Section 5: National preparation and response efforts relating to 
        earthquakes and tsunamis

    This section states that the Administrator is responsible 
for the Nation's efforts to reduce the loss of life and 
property from an earthquake, tsunami, or combined event.

Section 6: Authorities

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

Section 7: Technical amendments to national emergency management

    This section makes technical changes to the national 
emergency management provisions of the law by making needed 
updates and corrections to unintentional errors.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006

           *       *       *       *       *       *       *

TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *

SEC. 602. DEFINITIONS.

  In this title--
          (1) the term ``Administrator'' means the 
        Administrator of the Agency;
          (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
          (3) the term ``appropriate committees of 
        Congress''means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (B) those committees of the House of 
                Representatives that the Speaker of the House 
                of Representatives determines appropriate;
          (4) the term ``catastrophic incident'' means any 
        natural disaster, act of terrorism, or other man-made 
        disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting 
        the population (including mass evacuations), 
        infrastructure, environment, economy, national morale, 
        or government functions in an area;
          (5) the term ``Department'' means the Department of 
        Homeland Security;
          (6) the terms ``emergency'' and ``major disaster'' 
        have the meanings given the terms in section 102 of the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122);
          (7) the term ``emergency management'' means the 
        governmental function that coordinates and integrates 
        all activities necessary to build, sustain, and improve 
        the capability to prepare for, protect against, respond 
        to, recover from, or mitigate against threatened or 
        actual natural disasters, acts of terrorism, or other 
        man-made disasters;
          (8) the term ``emergency response provider'' has the 
        meaning given the term in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101), as amended by this 
        Act;
          (9) the term ``Federal coordinating officer'' means a 
        Federal coordinating officer as described in section 
        302 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5143);
          (10) the term ``individual with a disability'' has 
        the meaning given the term in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102);
          (11) the terms ``local government'' and ``State'' 
        have the meaning given the terms in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101);
          (12) the term ``National Incident Management System'' 
        means a system to enable effective, efficient, and 
        collaborative incident management;
          (13) the term ``National Response Plan'' means the 
        National Response Plan or any successor plan prepared 
        under section [502(a)(6)] 504(a)(6) of the Homeland 
        Security Act of 2002 (as amended by this Act);
          (14) the term ``Secretary'' means the Secretary of 
        Homeland Security;
          (15) the term ``surge capacity'' means the ability to 
        rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, 
        shelter and housing, medical care, evacuation capacity, 
        staffing (including disaster assistance employees), and 
        other resources necessary to save lives and protect 
        property during a catastrophic incident; and
          (16) the term ``tribal government'' means the 
        government of an Indian tribe or authorized tribal 
        organization, or in Alaska a Native village or Alaska 
        Regional Native Corporation.

           *       *       *       *       *       *       *

Subtitle C--Comprehensive Preparedness System

           *       *       *       *       *       *       *

CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

           *       *       *       *       *       *       *

SEC. 648. TRAINING AND EXERCISES.

  (a) National Training Program.--
          (1) In general.--Beginning not later than 180 days 
        after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of 
        appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall 
        carry out a national training program to implement the 
        national preparedness goal, National Incident 
        Management System, [National Response Plan] National 
        Response Framework, and other related plans and 
        strategies.
          (2) Training partners.--In developing and 
        implementing the national training program, the 
        Administrator shall--
                  (A) work with government training facilities, 
                academic institutions, private organizations, 
                and other entities that provide specialized, 
                state-of-the-art training for emergency 
                managers or emergency response providers; and
                  (B) utilize, as appropriate, training courses 
                provided by community colleges, State and local 
                public safety academies, State and private 
                universities, and other facilities.
  (b) National Exercise Program.--
          (1) In general.--Beginning not later than 180 days 
        after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of 
        appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall 
        carry out a national exercise program to test and 
        evaluate the national preparedness goal, National 
        Incident Management System, [National Response Plan] 
        National Response Framework, and other related plans 
        and strategies.
          (2) Requirements.--The national exercise program--
                  (A) shall be--
                          (i) as realistic as practicable, 
                        based on current risk assessments, 
                        including credible threats, 
                        vulnerabilities, and consequences, and 
                        designed to stress the national 
                        preparedness system;
                          (ii) designed, as practicable, to 
                        simulate the partial or complete 
                        incapacitation of a State, local, or 
                        tribal government;
                          (iii) carried out, as appropriate, 
                        with a minimum degree of notice to 
                        involved parties regarding the timing 
                        and details of such exercises, 
                        consistent with safety considerations;
                          (iv) designed to provide for the 
                        systematic evaluation of readiness and 
                        enhance operational understanding of 
                        the incident command system and 
                        relevant mutual aid agreements;
                          (v) designed to address the unique 
                        requirements of populations with 
                        special needs, including the elderly; 
                        and
                          (vi) designed to promptly develop 
                        after-action reports and plans for 
                        quickly incorporating lessons learned 
                        into future operations; and
                  (B) shall include a selection of model 
                exercises that State, local, and tribal 
                governments can readily adapt for use and 
                provide assistance to State, local, and tribal 
                governments with the design, implementation, 
                and evaluation of exercises (whether a model 
                exercise program or an exercise designed 
                locally) that--
                          (i) conform to the requirements under 
                        subparagraph (A);
                          (ii) are consistent with any 
                        applicable State, local, or tribal 
                        strategy or plan; and
                          (iii) provide for systematic 
                        evaluation of readiness.
          (3) National level exercises.--The Administrator 
        shall periodically, but not less than biennially, 
        perform national exercises for the following purposes:
                  (A) To test and evaluate the capability of 
                Federal, State, local, and tribal governments 
                to detect, disrupt, and prevent threatened or 
                actual catastrophic acts of terrorism, 
                especially those involving weapons of mass 
                destruction.
                  (B) To test and evaluate the readiness of 
                Federal, State, local, and tribal governments 
                to respond and recover in a coordinated and 
                unified manner to catastrophic incidents.

SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

  The Administrator, in coordination with the National Council 
on Disability and the National Advisory Council, shall 
establish a remedial action management program to--
          (1) analyze training, exercises, and real-world 
        events to identify and disseminate lessons learned and 
        best practices;
          (2) generate and disseminate, as appropriate, after 
        action reports to participants in exercises and real-
        world events; and
          (3) conduct remedial action tracking and long-term 
        trend analysis.

           *       *       *       *       *       *       *

SEC. 653. FEDERAL PREPAREDNESS.

  (a) Agency responsibility.--In support of the national 
preparedness system, the President shall ensure that each 
Federal agency with responsibilities under the [National 
Response Plan] National Response Framework--
          (1) has the operational capability to meet the 
        national preparedness goal, including--
                  (A) the personnel to make and communicate 
                decisions;
                  (B) organizational structures that are 
                assigned, trained, and exercised for the 
                missions of the agency;
                  (C) sufficient physical resources; and
                  (D) the command, control, and communication 
                channels to make, monitor, and communicate 
                decisions;
          (2) complies with the National Incident Management 
        System, including credentialing of personnel and typing 
        of resources likely needed to respond to a natural 
        disaster, act of terrorism, or other man-made disaster 
        in accordance with section 510 of the Homeland Security 
        Act of 2002 (6 U.S.C. 320);
          (3) develops, trains, and exercises rosters of 
        response personnel to be deployed when the agency is 
        called upon to support a Federal response;
          (4) develops deliberate operational plans and the 
        corresponding capabilities, including crisis planning, 
        to respond effectively to natural disasters, acts of 
        terrorism, and other man-made disasters in support of 
        the [National Response Plan] National Response 
        Framework to ensure a coordinated Federal response; and
          (5) regularly updates, verifies the accuracy of, and 
        provides to the Administrator the information in the 
        inventory required under section 651.
  (b) Operational plans.--An operations plan developed under 
subsection (a)(4) shall meet the following requirements:
          (1) The operations plan shall be coordinated under a 
        unified system with a common terminology, approach, and 
        framework.
          (2) The operations plan shall be developed, in 
        coordination with State, local, and tribal government 
        officials, to address both regional and national risks.
          (3) The operations plan shall contain, as 
        appropriate, the following elements:
                  (A) Concepts of operations.
                  (B) Critical tasks and responsibilities.
                  (C) Detailed resource and personnel 
                requirements, together with sourcing 
                requirements.
                  (D) Specific provisions for the rapid 
                integration of the resources and personnel of 
                the agency into the overall response.
          (4) The operations plan shall address, as 
        appropriate, the following matters:
                  (A) Support of State, local, and tribal 
                governments in conducting mass evacuations, 
                including--
                          (i) transportation and relocation;
                          (ii) short- and long-term sheltering 
                        and accommodation;
                          (iii) provisions for populations with 
                        special needs, keeping families 
                        together, and expeditious location of 
                        missing children; and
                          (iv) policies and provisions for 
                        pets.
                  (B) The preparedness and deployment of public 
                health and medical resources, including 
                resources to address the needs of evacuees and 
                populations with special needs.
                  (C) The coordination of interagency search 
                and rescue operations, including land, water, 
                and airborne search and rescue operations.
                  (D) The roles and responsibilities of the 
                Senior Federal Law Enforcement Official with 
                respect to other law enforcement entities.
                  (E) The protection of critical 
                infrastructure.
                  (F) The coordination of maritime salvage 
                efforts among relevant agencies.
                  (G) The coordination of Department of Defense 
                and National Guard support of civilian 
                authorities.
                  (H) To the extent practicable, the 
                utilization of Department of Defense, National 
                Air and Space Administration, National Oceanic 
                and Atmospheric Administration, and commercial 
                aircraft and satellite remotely sensed imagery.
                  (I) The coordination and integration of 
                support from the private sector and 
                nongovernmental organizations.
                  (J) The safe disposal of debris, including 
                hazardous materials, and, when practicable, the 
                recycling of debris.
                  (K) The identification of the required surge 
                capacity.
                  (L) Specific provisions for the recovery of 
                affected geographic areas.
  (c) Mission assignments.--To expedite the provision of 
assistance under the [National Response Plan] National Response 
Framework, the President shall ensure that the Administrator, 
in coordination with Federal agencies with responsibilities 
under the [National Response Plan] National Response Framework, 
develops prescripted mission assignments, including logistics, 
communications, mass care, health services, and public safety.
  (d) Certification.--The President shall certify to the 
Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of 
Representatives on an annual basis that each Federal agency 
with responsibilities under the [National Response Plan] 
National Response Framework complies with subsections (a) and 
(b).
  (e) Construction.--Nothing in this section shall be construed 
to limit the authority of the Secretary of Defense with regard 
to--
          (1) the command, control, training, planning, 
        equipment, exercises, or employment of Department of 
        Defense forces; or
          (2) the allocation of Department of Defense 
        resources.

           *       *       *       *       *       *       *

              Subtitle G--Authorization of Appropriations

SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title and the amendments made by this title for the 
[administration and operations] management and administration 
of the Agency--
          (1) for fiscal year 2008, an amount equal to the 
        amount appropriated for fiscal year 2007 for 
        [administration and operations] management and 
        administration of the Agency, multiplied by 1.1;
          (2) for fiscal year 2009, an amount equal to the 
        amount described in paragraph (1), multiplied by 1.1[; 
        and]
          (3) for fiscal year 2010, an amount equal to the 
        amount described in paragraph (2), multiplied by 
        1.1[.]; and
          (4) for fiscal year 2018, $1,049,000,000;
          (5) for fiscal year 2019, $1,065,784,000; and
          (6) for fiscal year 2020, $1,082,836,544.

           *       *       *       *       *       *       *

                              ----------                              

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

           *       *       *       *       *       *       *

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

  (a) In General.--The Secretary is authorized to establish, 
operate, and maintain a National Domestic Preparedness 
Consortium within the Department.
  (b) Members.--Members of the National Domestic Preparedness 
Consortium shall consist of--
          (1) the Center for Domestic Preparedness;
          (2) the National Energetic Materials Research and 
        Testing Center, New Mexico Institute of Mining and 
        Technology;
          (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
          (4) the National Emergency Response and Rescue 
        Training Center, Texas A&M University;
          (5) the National Exercise, Test, and Training Center, 
        Nevada Test Site;
          (6) the Transportation Technology Center, 
        Incorporated, in Pueblo, Colorado; and
          (7) the National Disaster Preparedness Training 
        Center, University of Hawaii.
  (c) Duties.-- The National Domestic Preparedness Consortium 
shall identify, develop, test, and deliver training to State, 
local, and tribal emergency response providers, provide on-site 
and mobile training at the performance and management and 
planning levels, and facilitate the delivery of training by the 
training partners of the Department.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary--
          [(1) for the Center for Domestic Preparedness--
                  [(A) $57,000,000 for fiscal year 2008;
                  [(B) $60,000,000 for fiscal year 2009;
                  [(C) $63,000,000 for fiscal year 2010; and
                  [(D) $66,000,000 for fiscal year 2011; and
          [(2) for the National Energetic Materials Research 
        and Testing Center, the National Center for Biomedical 
        Research and Training, the National Emergency Response 
        and Rescue Training Center, the National Exercise, 
        Test, and Training Center, the Transportation 
        Technology Center, Incorporated, and the National 
        Disaster Preparedness Training Center each--
                  [(A) $22,000,000 for fiscal year 2008;
                  [(B) $23,000,000 for fiscal year 2009;
                  [(C) $24,000,000 for fiscal year 2010; and
                  [(D) $25,500,000 for fiscal year 2011.]
          (1) for the Center for Domestic Preparedness--
                  (A) $63,939,000 for fiscal year 2018;
                  (B) $64,962,024 for fiscal year 2019; and
                  (C) $66,001,416 for fiscal year 2020; and
          (2) for the members referred to in paragraphs (2) 
        through (7) of subsection (b)--
                  (A) $101,000,000 for fiscal year 2018;
                  (B) $102,606,000 for fiscal year 2019; and
                  (C) $104,247,856 for fiscal year 2020.
  (e) Savings Provision.--From the amounts appropriated 
pursuant to this section, the Secretary shall ensure that 
future amounts provided to each of the following entities are 
not less than the amounts provided to each such entity for 
participation in the Consortium in fiscal year [2007] 2015--
          (1) the Center for Domestic Preparedness;
          (2) the National Energetic Materials Research and 
        Testing Center, New Mexico Institute of Mining and 
        Technology;
          (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
          (4) the National Emergency Response and Rescue 
        Training Center, Texas A&M University; and
          (5) the National Exercise, Test, and Training Center, 
        Nevada Test Site.
                              ----------                              

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. DEFINITIONS.

   In this title--
          (1) the term ``Administrator'' means the 
        Administrator of the Agency;
          (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
          (3) the term ``catastrophic incident'' means any 
        natural disaster, act of terrorism, or other man-made 
        disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting 
        the population (including mass evacuations), 
        infrastructure, environment, economy, national morale, 
        or government functions in an area;
          (4) the terms ``credentialed'' and ``credentialing'' 
        mean having provided, or providing, respectively, 
        documentation that identifies personnel and 
        authenticates and verifies the qualifications of such 
        personnel by ensuring that such personnel possess a 
        minimum common level of training, experience, physical 
        and medical fitness, and capability appropriate for a 
        particular position in accordance with standards 
        created under section 510;
          (5) the term ``Federal coordinating officer'' means a 
        Federal coordinating officer as described in section 
        302 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5143);
          (6) the term ``interoperable'' has the meaning given 
        the term ``interoperable communications'' under section 
        7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1));
          (7) the term ``National Incident Management System'' 
        means a system to enable effective, efficient, and 
        collaborative incident management;
          (8) the term ``[National Response Plan] National 
        Response Framework'' means the [National Response Plan] 
        National Response Framework or any successor plan 
        prepared under section [502(a)(6)] 504(a)(6);
          (9) the term ``Regional Administrator'' means a 
        Regional Administrator appointed under section 507;
          (10) the term ``Regional Office'' means a Regional 
        Office established under section 507;
          (11) the term ``resources'' means personnel and major 
        items of equipment, supplies, and facilities available 
        or potentially available for responding to a natural 
        disaster, act of terrorism, or other man-made disaster;
          (12) the term ``surge capacity'' means the ability to 
        rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, 
        shelter and housing, medical care, evacuation capacity, 
        staffing (including disaster assistance employees), and 
        other resources necessary to save lives and protect 
        property during a catastrophic incident;
          (13) the term ``tribal government'' means the 
        government of any entity described in section 2(13)(B); 
        and
          (14) the terms ``typed'' and ``typing'' mean having 
        evaluated, or evaluating, respectively, a resource in 
        accordance with standards created under section 510.

           *       *       *       *       *       *       *

SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

  (a) In General.--There is in the Department the Federal 
Emergency Management Agency, headed by an Administrator.
  (b) Mission.--
          (1) Primary mission.--The primary mission of the 
        Agency is to reduce the loss of life and property and 
        protect the Nation from all hazards, including natural 
        disasters, acts of terrorism, and other man-made 
        disasters, by leading and supporting the Nation in a 
        risk-based, comprehensive emergency management system 
        of preparedness, protection, response, recovery, and 
        mitigation.
          (2) Specific activities.--In support of the primary 
        mission of the Agency, the Administrator shall--
                  (A) lead the Nation's efforts to prepare for, 
                protect against, respond to, recover from, and 
                mitigate against the risk of natural disasters, 
                acts of terrorism, and other man-made 
                disasters, including catastrophic incidents and 
                incidents impacting critical infrastructure;
                  (B) partner with State, local, and tribal 
                governments and emergency response providers, 
                with other Federal agencies, with the private 
                sector, and with nongovernmental organizations 
                to build a national system of emergency 
                management that can effectively and efficiently 
                utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts 
                of terrorism, and other man-made disasters, 
                including catastrophic incidents;
                  (C) develop a Federal response capability 
                that, when necessary and appropriate, can act 
                effectively and rapidly to deliver assistance 
                essential to saving lives or protecting or 
                preserving property or public health and safety 
                in a natural disaster, act of terrorism, or 
                other man-made disaster;
                  (D) integrate the Agency's emergency 
                preparedness, protection, response, recovery, 
                and mitigation responsibilities to confront 
                effectively the challenges of a natural 
                disaster, act of terrorism, or other man-made 
                disaster;
                  (E) develop and maintain robust Regional 
                Offices that will work with State, local, and 
                tribal governments, emergency response 
                providers, and other appropriate entities to 
                identify and address regional priorities;
                  (F) under the leadership of the Secretary, 
                coordinate with the Commandant of the Coast 
                Guard, the Director of Customs and Border 
                Protection, the Director of Immigration and 
                Customs Enforcement, the National Operations 
                Center, and other agencies and offices in the 
                Department to take full advantage of the 
                substantial range of resources in the 
                Department;
                  (G) provide funding, training, exercises, 
                technical assistance, planning, and other 
                assistance to build tribal, local, State, 
                regional, and national capabilities (including 
                communications capabilities), necessary to 
                respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                  (H) develop and coordinate the implementation 
                of a risk-based, all-hazards strategy for 
                preparedness that builds those common 
                capabilities necessary to respond to natural 
                disasters, acts of terrorism, and other man-
                made disasters while also building the unique 
                capabilities necessary to respond to specific 
                types of incidents that pose the greatest risk 
                to our Nation.
  (c) Administrator.--
          (1) In general.--The Administrator shall be appointed 
        by the President, by and with the advice and consent of 
        the Senate.
          (2) Qualifications.--The Administrator shall be 
        appointed from among individuals who have--
                  (A) a demonstrated ability in and knowledge 
                of emergency management and homeland security; 
                and
                  (B) not less than 5 years of executive 
                leadership and management experience in the 
                public or private sector.
          (3) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through any 
        other official of the Department.
          (4) Principal advisor on emergency management.--
                  (A) In general.--The Administrator is the 
                principal advisor to the President, the 
                Homeland Security Council, and the Secretary 
                for all matters relating to emergency 
                management in the United States.
                  (B) Advice and recommendations.--
                          (i) In general.--In presenting advice 
                        with respect to any matter to the 
                        President, the Homeland Security 
                        Council, or the Secretary, the 
                        Administrator shall, as the 
                        Administrator considers appropriate, 
                        inform the President, the Homeland 
                        Security Council, or the Secretary, as 
                        the case may be, of the range of 
                        emergency preparedness, protection, 
                        response, recovery, and mitigation 
                        options with respect to that matter.
                          (ii) Advice on request.--The 
                        Administrator, as the principal advisor 
                        on emergency management, shall provide 
                        advice to the President, the Homeland 
                        Security Council, or the Secretary on a 
                        particular matter when the President, 
                        the Homeland Security Council, or the 
                        Secretary requests such advice.
                          (iii) Recommendations to congress.--
                        After informing the Secretary, the 
                        Administrator may make such 
                        recommendations to Congress relating to 
                        emergency management as the 
                        Administrator considers appropriate.
          (5) Cabinet status.--
                  (A) In general.--The President may designate 
                the Administrator to serve as a member of the 
                Cabinet in the event of natural disasters, acts 
                of terrorism, or other man-made disasters.
                  (B) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the 
                authority of the Secretary under this Act.

SEC. 504. AUTHORITY AND RESPONSIBILITIES.

  (a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond 
to, recover from, or mitigate against a natural disaster, act 
of terrorism, or other man-made disaster, including--
          (1) helping to ensure the effectiveness of emergency 
        response providers to terrorist attacks, major 
        disasters, and other emergencies;
          (2) with respect to the Nuclear Incident Response 
        Team (regardless of whether it is operating as an 
        organizational unit of the Department pursuant to this 
        title)--
                  (A) establishing standards and certifying 
                when those standards have been met;
                  (B) conducting joint and other exercises and 
                training and evaluating performance; and
                  (C) providing funds to the Department of 
                Energy and the Environmental Protection Agency, 
                as appropriate, for homeland security planning, 
                exercises and training, and equipment;
          (3) providing the Federal Government's response to 
        terrorist attacks and major disasters[, including--] 
        (that includes incidents impacting critical 
        infrastructure), including--
                  (A) managing such response;
                  (B) directing the Domestic Emergency Support 
                Team, the National Disaster Medical System, and 
                (when operating as an organizational unit of 
                the Department pursuant to this title) the 
                Nuclear Incident Response Team;
                  (C) overseeing the Metropolitan Medical 
                Response System; and
                  (D) coordinating other Federal response 
                resources, including requiring deployment of 
                the Strategic National Stockpile, in the event 
                of a terrorist attack or major disaster;
          (4) aiding the recovery from terrorist attacks and 
        major disasters, including incidents impacting critical 
        infrastructure;
          (5) building a comprehensive national incident 
        management system with Federal, State, [and local] 
        local, and tribal government personnel, agencies, and 
        authorities, to respond to such attacks and disasters;
          (6) consolidating existing Federal Government 
        emergency response plans into a single, coordinated 
        [national response plan] national response framework, 
        which shall be reviewed and updated as required but not 
        less than every 5 years;
          (7) developing integrated frameworks, to include 
        consolidating existing Government plans addressing 
        prevention, protection, mitigation, and recovery with 
        such frameworks reviewed and updated as required, but 
        not less than every 5 years;
          [(7)] (8) helping ensure the acquisition of operable 
        and interoperable communications capabilities by 
        Federal, State, local, and tribal governments and 
        emergency response providers;
          [(8)] (9) assisting the President in carrying out the 
        functions under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
        and carrying out all functions and authorities given to 
        the Administrator under that Act;
          [(9)] (10) carrying out the mission of the Agency to 
        reduce the loss of life and property and protect the 
        Nation from all hazards by leading and supporting the 
        Nation in a risk-based, comprehensive emergency 
        management system of--
                  (A) mitigation, by taking sustained actions 
                to reduce or eliminate long-term risks to 
                people and property from hazards and their 
                effects;
                  (B) preparedness, by planning, training, and 
                building the emergency management profession to 
                prepare effectively for, mitigate against, 
                respond to, and recover from any hazard;
                  (C) response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment, personnel, and 
                supplies, through evacuating potential victims, 
                through providing food, water, shelter, and 
                medical care to those in need, and through 
                restoring critical public services; and
                  (D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards;
          [(10)] (11) increasing efficiencies, by coordinating 
        efforts relating to preparedness, protection, response, 
        recovery, and mitigation;
          [(11)] (12) helping to ensure the effectiveness of 
        emergency response providers in responding to a natural 
        disaster, act of terrorism, or other man-made disaster;
          [(12)] (13) supervising grant programs administered 
        by the Agency;
          [(13)] (14) administering and ensuring the 
        implementation of the [National Response Plan] National 
        Response Framework, including coordinating and ensuring 
        the readiness of each emergency support function under 
        the [National Response Plan] National Response 
        Framework;
          [(14)] (15) coordinating with the National Advisory 
        Council established under section 508;
          [(15)] (16) preparing and implementing the plans and 
        programs of the Federal Government for--
                  (A) continuity of operations;
                  (B) continuity of government; and
                  (C) continuity of plans;
          [(16)] (17) minimizing, to the extent practicable, 
        overlapping planning and reporting requirements 
        applicable to State, local, and tribal governments and 
        the private sector;
          [(17)] (18) maintaining and operating within the 
        Agency the National Response Coordination Center or its 
        successor;
          [(18)] (19) developing a national emergency 
        management system that is capable of preparing for, 
        protecting against, responding to, recovering from, and 
        mitigating against catastrophic incidents;
          [(19)] (20) assisting the President in carrying out 
        the functions under the national preparedness goal and 
        the national preparedness system and carrying out all 
        functions and authorities of the Administrator under 
        the national preparedness System;
          [(20)] (21) carrying out all authorities of the 
        Federal Emergency Management Agency and the Directorate 
        of Preparedness of the Department as transferred under 
        section 505; and
          [(21)] (22) otherwise carrying out the mission of the 
        Agency as described in section 503(b).
  (b) All-Hazards Approach.--In carrying out the 
responsibilities under this section, the Administrator shall 
coordinate the implementation of a risk-based, all-hazards 
strategy that builds those common capabilities necessary to 
prepare for, protect against, respond to, recover from, or 
mitigate against natural disasters, acts of terrorism, and 
other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond 
to, recover from, or mitigate against the risks of specific 
types of incidents that pose the greatest risk to the Nation.

           *       *       *       *       *       *       *

SEC. 507. REGIONAL OFFICES.

  (a) In General.--There are in the Agency 10 regional offices, 
as identified by the Administrator.
  (b) Management of Regional Offices.--
          (1) Regional administrator.--Each Regional Office 
        shall be headed by a Regional Administrator who shall 
        be appointed by the Administrator, after consulting 
        with State, local, and tribal government officials in 
        the region. Each Regional Administrator shall report 
        directly to the Administrator and be in the Senior 
        Executive Service.
          (2) Qualifications.--
                  (A) In general.--Each Regional Administrator 
                shall be appointed from among individuals who 
                have a demonstrated ability in and knowledge of 
                emergency management and homeland security.
                  (B) Considerations.--In selecting a Regional 
                Administrator for a Regional Office, the 
                Administrator shall consider the familiarity of 
                an individual with the geographical area and 
                demographic characteristics of the population 
                served by such Regional Office.
  (c) Responsibilities.--
          (1) In general.--The Regional Administrator shall 
        work in partnership with State, local, and tribal 
        governments, emergency managers, emergency response 
        providers, medical providers, the private sector, 
        nongovernmental organizations, multijurisdictional 
        councils of governments, and regional planning 
        commissions and organizations in the geographical area 
        served by the Regional Office to carry out the 
        responsibilities of a Regional Administrator under this 
        section.
          (2) Responsibilities.--The responsibilities of a 
        Regional Administrator include--
                  (A) ensuring effective, coordinated, and 
                integrated regional preparedness, protection, 
                response, recovery, and mitigation activities 
                and programs for natural disasters, acts of 
                terrorism, and other man-made disasters 
                (including planning, training, exercises, and 
                professional development);
                  (B) assisting in the development of regional 
                capabilities needed for a national catastrophic 
                response system;
                  (C) coordinating the establishment of 
                effective regional operable and interoperable 
                emergency communications capabilities;
                  (D) staffing and overseeing 1 or more strike 
                teams within the region under subsection (f), 
                to serve as the focal point of the Federal 
                Government's initial response efforts for 
                natural disasters, acts of terrorism, and other 
                man-made disasters within that region, and 
                otherwise building Federal response 
                capabilities to respond to natural disasters, 
                acts of terrorism, and other man-made disasters 
                within that region;
                  (E) designating an individual responsible for 
                the development of strategic and operational 
                regional plans in support of the [National 
                Response Plan] National Response Framework;
                  (F) fostering the development of mutual aid 
                and other cooperative agreements;
                  (G) identifying critical gaps in regional 
                capabilities to respond to populations with 
                special needs;
                  (H) maintaining and operating a Regional 
                Response Coordination Center or its successor;
                  (I) coordinating with the private sector to 
                help ensure private sector preparedness for 
                natural disasters, acts of terrorism, and other 
                man-made disasters;
                  (J) assisting State, local, and tribal 
                governments, where appropriate, to preidentify 
                and evaluate suitable sites where a 
                multijurisdictional incident command system may 
                quickly be established and operated from, if 
                the need for such a system arises; and
                  (K) performing such other duties relating to 
                such responsibilities as the Administrator may 
                require.
          (3) Training and exercise requirements.--
                  (A) Training.--The Administrator shall 
                require each Regional Administrator to undergo 
                specific training periodically to complement 
                the qualifications of the Regional 
                Administrator. Such training, as appropriate, 
                shall include training with respect to the 
                National Incident Management System, the 
                [National Response Plan] National Response 
                Framework, and such other subjects as 
                determined by the Administrator.
                  (B) Exercises.--The Administrator shall 
                require each Regional Administrator to 
                participate as appropriate in regional and 
                national exercises.
  (d) Area Offices.--
          (1) In general.--There is an Area Office for the 
        Pacific and an Area Office for the Caribbean, as 
        components in the appropriate Regional Offices.
          (2) Alaska.--The Administrator shall establish an 
        Area Office in Alaska, as a component in the 
        appropriate Regional Office.
  (e) Regional Advisory Council.--
          (1) Establishment.--Each Regional Administrator shall 
        establish a Regional Advisory Council.
          (2) Nominations.--A State, local, or tribal 
        government located within the geographic area served by 
        the Regional Office may nominate officials, including 
        Adjutants General and emergency managers, to serve as 
        members of the Regional Advisory Council for that 
        region.
          (3) Responsibilities.--Each Regional Advisory Council 
        shall--
                  (A) advise the Regional Administrator on 
                emergency management issues specific to that 
                region;
                  (B) identify any geographic, demographic, or 
                other characteristics peculiar to any State, 
                local, or tribal government within the region 
                that might make preparedness, protection, 
                response, recovery, or mitigation more 
                complicated or difficult; and
                  (C) advise the Regional Administrator of any 
                weaknesses or deficiencies in preparedness, 
                protection, response, recovery, and mitigation 
                for any State, local, and tribal government 
                within the region of which the Regional 
                Advisory Council is aware.
  (f) Regional Office Strike Teams.--
          (1) In general.--In coordination with other relevant 
        Federal agencies, each Regional Administrator shall 
        oversee multi-agency strike teams authorized under 
        section 303 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5144) that 
        shall consist of--
                  (A) a designated Federal coordinating 
                officer;
                  (B) personnel trained in incident management;
                  (C) public affairs, response and recovery, 
                and communications support personnel;
                  (D) a defense coordinating officer;
                  (E) liaisons to other Federal agencies;
                  (F) such other personnel as the Administrator 
                or Regional Administrator determines 
                appropriate; and
                  (G) individuals from the agencies with 
                primary responsibility for each of the 
                emergency support functions in the [National 
                Response Plan] National Response Framework.
          (2) Other duties.--The duties of an individual 
        assigned to a Regional Office strike team from another 
        relevant agency when such individual is not functioning 
        as a member of the strike team shall be consistent with 
        the emergency preparedness activities of the agency 
        that employs such individual.
          (3) Location of members.--The members of each 
        Regional Office strike team, including representatives 
        from agencies other than the Department, shall be based 
        primarily within the region that corresponds to that 
        strike team.
          (4) Coordination.--Each Regional Office strike team 
        shall coordinate the training and exercises of that 
        strike team with the State, local, and tribal 
        governments and private sector and nongovernmental 
        entities which the strike team shall support when a 
        natural disaster, act of terrorism, or other man-made 
        disaster occurs.
          (5) Preparedness.--Each Regional Office strike team 
        shall be trained as a unit on a regular basis and 
        equipped and staffed to be well prepared to respond to 
        natural disasters, acts of terrorism, and other man-
        made disasters, including catastrophic incidents.
          (6) Authorities.--If the Administrator determines 
        that statutory authority is inadequate for the 
        preparedness and deployment of individuals in strike 
        teams under this subsection, the Administrator shall 
        report to Congress regarding the additional statutory 
        authorities that the Administrator determines are 
        necessary.

SEC. 508. NATIONAL ADVISORY COUNCIL.

  (a) Establishment.--Not later than 60 days after the date of 
enactment of the Post-Katrina Emergency Management Reform Act 
of 2006, the Secretary shall establish an advisory body under 
section 871(a) to ensure effective and ongoing coordination of 
Federal preparedness, protection, response, recovery, and 
mitigation for natural disasters, acts of terrorism, and other 
man-made disasters, to be known as the National Advisory 
Council.
  (b) Responsibilities.--
          (1) In general.--The National Advisory Council shall 
        advise the Administrator on all aspects of emergency 
        management. The National Advisory Council shall 
        incorporate State, local, and tribal government and 
        private sector input in the development and revision of 
        the national preparedness goal, the national 
        preparedness system, the National Incident Management 
        System, the [National Response Plan] National Response 
        Framework, and other related plans and strategies.
          (2) Consultation on grants.--To ensure input from and 
        coordination with State, local, and tribal governments 
        and emergency response providers, the Administrator 
        shall regularly consult and work with the National 
        Advisory Council on the administration and assessment 
        of grant programs administered by the Department, 
        including with respect to the development of program 
        guidance and the development and evaluation of risk-
        assessment methodologies, as appropriate.
  (c) Membership.--
          (1) In general.--The members of the National Advisory 
        Council shall be appointed by the Administrator, and 
        shall, to the extent practicable, represent a 
        geographic (including urban and rural) and substantive 
        cross section of officials, emergency managers, and 
        emergency response providers from State, local, and 
        tribal governments, the private sector, and 
        nongovernmental organizations, including as 
        appropriate--
                  (A) members selected from the emergency 
                management field and emergency response 
                providers, including fire service, law 
                enforcement, hazardous materials response, 
                emergency medical services, and emergency 
                management personnel, or organizations 
                representing such individuals;
                  (B) health scientists, emergency and 
                inpatient medical providers, and public health 
                professionals;
                  (C) experts from Federal, State, local, and 
                tribal governments, and the private sector, 
                representing standards-setting and accrediting 
                organizations, including representatives from 
                the voluntary consensus codes and standards 
                development community, particularly those with 
                expertise in the emergency preparedness and 
                response field;
                  (D) State, local, and tribal government 
                officials with expertise in preparedness, 
                protection, response, recovery, and mitigation, 
                including Adjutants General;
                  (E) elected State, local, and tribal 
                government executives;
                  (F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                  (G) representatives of individuals with 
                disabilities and other populations with special 
                needs; and
                  (H) such other individuals as the 
                Administrator determines to be appropriate.
          (2) Coordination with the departments of health and 
        human services and transportation.--In the selection of 
        members of the National Advisory Council who are health 
        or emergency medical services professionals, the 
        Administrator shall work with the Secretary of Health 
        and Human Services and the Secretary of Transportation.
          (3) Ex officio members.--The Administrator shall 
        designate 1 or more officers of the Federal Government 
        to serve as ex officio members of the National Advisory 
        Council.
          (4) Terms of office.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term of office of each 
                member of the National Advisory Council shall 
                be 3 years.
                  (B) Initial appointments.--Of the members 
                initially appointed to the National Advisory 
                Council--
                          (i) one-third shall be appointed for 
                        a term of 1 year; and
                          (ii) one-third shall be appointed for 
                        a term of 2 years.
  (d) RESPONSE Subcommittee.--
          (1) Establishment.--Not later than 30 days after the 
        date of the enactment of the RESPONSE Act of 2016, the 
        Administrator shall establish, as a subcommittee of the 
        National Advisory Council, the Railroad Emergency 
        Services Preparedness, Operational Needs, and Safety 
        Evaluation Subcommittee (referred to in this subsection 
        as the ``RESPONSE Subcommittee'').
          (2) Membership.--Notwithstanding subsection (c), the 
        RESPONSE Subcommittee shall be composed of the 
        following:
                  (A) [The Deputy Administrator, Protection and 
                National Preparedness] A Deputy Administrator 
                of the Federal Emergency Management Agency, or 
                designee.
                  (B) The Chief Safety Officer of the Pipeline 
                and Hazardous Materials Safety Administration, 
                or designee.
                  (C) The Associate Administrator for Hazardous 
                Materials Safety of the Pipeline and Hazardous 
                Materials Safety Administration, or designee.
                  (D) The Director of the Office of Emergency 
                Communications of the Department of Homeland 
                Security, or designee.
                  (E) The Director for the Office of Railroad, 
                Pipeline and Hazardous Materials Investigations 
                of the National Transportation Safety Board, or 
                designee.
                  (F) The Chief Safety Officer and Associate 
                Administrator for Railroad Safety of the 
                Federal Railroad Administration, or designee.
                  (G) The Assistant Administrator for Security 
                Policy and Industry Engagement of the 
                Transportation Security Administration, or 
                designee.
                  (H) The Assistant Commandant for Response 
                Policy of the Coast Guard, or designee.
                  (I) The Assistant Administrator for the 
                Office of Solid Waste and Emergency Response of 
                the Environmental Protection Agency, or 
                designee.
                  (J) Such other qualified individuals as the 
                co-chairpersons shall jointly appoint as soon 
                as practicable after the date of the enactment 
                of the RESPONSE Act of 2016 from among the 
                following:
                          (i) Members of the National Advisory 
                        Council that have the requisite 
                        technical knowledge and expertise to 
                        address rail emergency response issues, 
                        including members from the following 
                        disciplines:
                                  (I) Emergency management and 
                                emergency response providers, 
                                including fire service, law 
                                enforcement, hazardous 
                                materials response, and 
                                emergency medical services.
                                  (II) State, local, and tribal 
                                government officials.
                          (ii) Individuals who have the 
                        requisite technical knowledge and 
                        expertise to serve on the RESPONSE 
                        Subcommittee, including at least 1 
                        representative from each of the 
                        following:
                                  (I) The rail industry.
                                  (II) Rail labor.
                                  (III) Persons who offer oil 
                                for transportation by rail.
                                  (IV) The communications 
                                industry.
                                  (V) Emergency response 
                                providers, including 
                                individuals nominated by 
                                national organizations 
                                representing State and local 
                                governments and emergency 
                                responders.
                                  (VI) Emergency response 
                                training providers.
                                  (VII) Representatives from 
                                tribal organizations.
                                  (VIII) Technical experts.
                                  (IX) Vendors, developers, and 
                                manufacturers of systems, 
                                facilities, equipment, and 
                                capabilities for emergency 
                                responder services.
                          (iii) Representatives of such other 
                        stakeholders and interested and 
                        affected parties as the co-chairpersons 
                        consider appropriate.
          (3) Co-chairpersons.--The members described in 
        subparagraphs (A) and (B) of paragraph (2) shall serve 
        as the co-chairpersons of the RESPONSE Subcommittee.
          (4) Initial meeting.--The initial meeting of the 
        RESPONSE Subcommittee shall take place not later than 
        90 days after the date of enactment of the RESPONSE Act 
        of 2016.
          (5) Consultation with nonmembers.--The RESPONSE 
        Subcommittee and the program offices for emergency 
        responder training and resources shall consult with 
        other relevant agencies and groups, including entities 
        engaged in federally funded research and academic 
        institutions engaged in relevant work and research, 
        which are not represented on the RESPONSE Subcommittee 
        to consider new and developing technologies and methods 
        that may be beneficial to preparedness and response to 
        rail hazardous materials incidents.
          (6) Recommendations.--The RESPONSE Subcommittee shall 
        develop recommendations, as appropriate, for improving 
        emergency responder training and resource allocation 
        for hazardous materials incidents involving railroads 
        after evaluating the following topics:
                  (A) The quality and application of training 
                for State and local emergency responders 
                related to rail hazardous materials incidents, 
                including training for emergency responders 
                serving small communities near railroads, 
                including the following:
                          (i) Ease of access to relevant 
                        training for State and local emergency 
                        responders, including an analysis of--
                                  (I) the number of individuals 
                                being trained;
                                  (II) the number of 
                                individuals who are applying;
                                  (III) whether current demand 
                                is being met;
                                  (IV) current challenges; and
                                  (V) projected needs.
                          (ii) Modernization of training course 
                        content related to rail hazardous 
                        materials incidents, with a particular 
                        focus on fluctuations in oil shipments 
                        by rail, including regular and ongoing 
                        evaluation of course opportunities, 
                        adaptation to emerging trends, agency 
                        and private sector outreach, 
                        effectiveness and ease of access for 
                        State and local emergency responders.
                          (iii) Identification of overlap in 
                        training content and identification of 
                        opportunities to develop complementary 
                        courses and materials among 
                        governmental and nongovernmental 
                        entities.
                          (iv) Online training platforms, 
                        train-the-trainer, and mobile training 
                        options.
                  (B) The availability and effectiveness of 
                Federal, State, local, and nongovernmental 
                funding levels related to training emergency 
                responders for rail hazardous materials 
                incidents, including emergency responders 
                serving small communities near railroads, 
                including--
                          (i) identifying overlap in resource 
                        allocations;
                          (ii) identifying cost savings 
                        measures that can be implemented to 
                        increase training opportunities;
                          (iii) leveraging government funding 
                        with nongovernmental funding to enhance 
                        training opportunities and fill 
                        existing training gaps;
                          (iv) adaptation of priority settings 
                        for agency funding allocations in 
                        response to emerging trends;
                          (v) historic levels of funding across 
                        Federal agencies for rail hazardous 
                        materials incident response and 
                        training, including funding provided by 
                        the private sector to public entities 
                        or in conjunction with Federal 
                        programs; and
                          (vi) current funding resources across 
                        agencies.
                  (C) The strategy for integrating commodity 
                flow studies, mapping, and rail and hazardous 
                materials databases for State and local 
                emergency responders and increasing the rate of 
                access to the individual responder in existing 
                or emerging communications technology.
          (7) Report.--
                  (A) In general.--Not later than 1 year after 
                the date of the enactment of the RESPONSE Act 
                of 2016, the RESPONSE Subcommittee shall submit 
                a report to the National Advisory Council 
                that--
                          (i) includes the recommendations 
                        developed under paragraph (6);
                          (ii) specifies the timeframes for 
                        implementing any such recommendations 
                        that do not require congressional 
                        action; and
                          (iii) identifies any such 
                        recommendations that do require 
                        congressional action.
                  (B) Review.--Not later than 30 days after 
                receiving the report under subparagraph (A), 
                the National Advisory Council shall begin a 
                review of the report. The National Advisory 
                Council may ask for additional clarification, 
                changes, or other information from the RESPONSE 
                Subcommittee to assist in the approval of the 
                recommendations.
                  (C) Recommendation.--Once the National 
                Advisory Council approves the recommendations 
                of the RESPONSE Subcommittee, the National 
                Advisory Council shall submit the report to--
                          (i) the co-chairpersons of the 
                        RESPONSE Subcommittee;
                          (ii) the head of each other agency 
                        represented on the RESPONSE 
                        Subcommittee;
                          (iii) the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate;
                          (iv) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate;
                          (v) the Committee on Homeland 
                        Security of the House of 
                        Representatives; and
                          (vi) the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives.
          (8) Interim activity.--
                  (A) Updates and oversight.--After the 
                submission of the report by the National 
                Advisory Council under paragraph (7), the 
                Administrator shall--
                          (i) provide annual updates to the 
                        congressional committees referred to in 
                        paragraph (7)(C) regarding the status 
                        of the implementation of the 
                        recommendations developed under 
                        paragraph (6); and
                          (ii) coordinate the implementation of 
                        the recommendations described in 
                        paragraph (6)(G)(i), as appropriate.
                  (B) Sunset.--The requirements of subparagraph 
                (A) shall terminate on the date that is 2 years 
                after the date of the submission of the report 
                required under paragraph (7)(A).
          (9) Termination.--The RESPONSE Subcommittee shall 
        terminate not later than 90 days after the submission 
        of the report required under paragraph (7)(C).
  (e) Applicability of Federal Advisory Committee Act.--
          (1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory 
        Committee Act (5 U.S.C. App.), including subsections 
        (a), (b), and (d) of section 10 of such Act, and 
        section 552b(c) of title 5, United States Code, shall 
        apply to the National Advisory Council.
          (2) Termination.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the National Advisory Council.

SEC. 509. NATIONAL INTEGRATION CENTER.

  (a) In General.--There is established in the Agency a 
National Integration Center.
  (b) Responsibilities.--
          (1) In general.--The Administrator, through the 
        National Integration Center, and in consultation with 
        other Federal departments and agencies and the National 
        Advisory Council, shall ensure ongoing management and 
        maintenance of the National Incident Management System, 
        the [National Response Plan] National Response 
        Framework, National Protection Framework, National 
        Prevention Framework, National Mitigation Framework, 
        National Recovery Framework, and any [successor] 
        successors to such system or [plan] framework.
          (2) Specific responsibilities.--The National 
        Integration Center shall periodically review, and 
        revise as appropriate, the National Incident Management 
        System and the [National Response Plan] National 
        Response Framework, including--
                  (A) establishing, in consultation with the 
                Director of the Corporation for National and 
                Community Service, a process to better use 
                volunteers and donations;
                  (B) improving the use of Federal, State, 
                local, and tribal resources and ensuring the 
                effective use of emergency response providers 
                at emergency scenes; and
                  (C) revising the Catastrophic Incident Annex, 
                finalizing and releasing the Catastrophic 
                Incident Supplement to the [National Response 
                Plan] National Response Framework, and ensuring 
                that both effectively address response 
                requirements in the event of a catastrophic 
                incident.
  (c) Incident Management.--
          (1) In general.--
                  (A)  [National response plan] National 
                response framework.--The Secretary, acting 
                through the Administrator, shall ensure that 
                the [National Response Plan] National Response 
                Framework provides for a clear chain of command 
                to lead and coordinate the Federal response to 
                any natural disaster, act of terrorism, or 
                other man-made disaster.
                  (B) Administrator.--The chain of the command 
                specified in the [National Response Plan] 
                National Response Framework shall--
                          (i) provide for a role for the 
                        Administrator consistent with the role 
                        of the Administrator as the principal 
                        emergency management advisor to the 
                        President, the Homeland Security 
                        Council, and the Secretary under 
                        section 503(c)(4) and the 
                        responsibility of the Administrator 
                        under the Post-Katrina Emergency 
                        Management Reform Act of 2006, and the 
                        amendments made by that Act, relating 
                        to natural disasters, acts of 
                        terrorism, and other man-made 
                        disasters; and
                          (ii) provide for a role for the 
                        Federal Coordinating Officer consistent 
                        with the responsibilities under section 
                        302(b) of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5143(b)).
          (2) Principal federal official; joint task force.--
        The Principal Federal Official (or the successor 
        thereto) or Director of a Joint Task Force established 
        under section 708 shall not--
                  (A) direct or replace the incident command 
                structure established at the incident; or
                  (B) have directive authority over the Senior 
                Federal Law Enforcement Official, Federal 
                Coordinating Officer, or other Federal and 
                State officials.

SEC. 510. CREDENTIALING AND TYPING.

  (a) In General.--The Administrator shall [enter into a 
memorandum of understanding] partner with the administrators of 
the Emergency Management Assistance Compact, State, local, and 
tribal governments, and organizations that represent emergency 
response providers, to collaborate on developing standards for 
deployment capabilities, including for credentialing and typing 
of incident management personnel, emergency response providers, 
and other personnel (including temporary personnel) and 
resources likely needed to respond to natural disasters, acts 
of terrorism, and other man-made disasters.
  (b) Distribution.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Implementing Recommendations of the 
        9/11 Commission Act of 2007, the Administrator shall 
        provide the standards developed under subsection (a), 
        including detailed written guidance, to--
                  (A) each Federal agency that has 
                responsibilities under the [National Response 
                Plan] National Response Framework to aid that 
                agency with credentialing and typing incident 
                management personnel, emergency response 
                providers, and other personnel (including 
                temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                  (B) State, local, and tribal governments, to 
                aid such governments with credentialing and 
                typing of State, local, and tribal incident 
                management personnel, emergency response 
                providers, and other personnel (including 
                temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster.
          (2) Assistance.--The Administrator shall provide 
        expertise and technical assistance to aid Federal, 
        State, local, and tribal government agencies with 
        credentialing and typing incident management personnel, 
        emergency response providers, and other personnel 
        (including temporary personnel) and resources likely 
        needed to respond to a natural disaster, act of 
        terrorism, or other man-made disaster.
  (c) Credentialing and Typing of Personnel.--Not later than 6 
months after receiving the standards provided under subsection 
(b), each Federal agency with responsibilities under the 
[National Response Plan] National Response Framework shall 
ensure that incident management personnel, emergency response 
providers, and other personnel (including temporary personnel) 
and resources likely needed to respond to a natural disaster, 
act of terrorism, or other manmade disaster are credentialed 
and typed in accordance with this section.
  (d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under 
this section, the Administrator shall consult with the 
Secretary of Health and Human Services.

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SEC. 515. NATIONAL OPERATIONS CENTER.

  (a) Definition.--In this section, the term ``situational 
awareness'' means information gathered from a variety of 
sources that, when communicated to emergency managers, decision 
makers, and other appropriate officials, can form the basis for 
incident management decisionmaking and steady-state activity.
  (b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
          (1) provide situational awareness and a common 
        operating picture for the entire Federal Government, 
        and for State, local, tribal, and territorial 
        governments, the private sector, and international 
        partners as appropriate, for events, threats, and 
        incidents involving a natural disaster, act of 
        terrorism, or other man-made disaster;
          (2) ensure that critical terrorism and disaster-
        related information reaches government decision-makers; 
        and
          (3) enter into agreements with other Federal 
        operations centers and other homeland security 
        partners, as appropriate, to facilitate the sharing of 
        information.
  (c) State and Local Emergency Responder Representation.--
          (1) Establishment of positions.--The Secretary shall 
        establish a position, on a rotating basis, for a 
        representative of State [and local], local, and tribal 
        emergency responders at the National Operations Center 
        established under subsection (b) to ensure the 
        effective sharing of information between the Federal 
        Government and State [and local], local, and tribal 
        emergency response services.
          (2) Management.--The Secretary shall manage the 
        position established pursuant to paragraph (1) in 
        accordance with such rules, regulations, and practices 
        as govern other similar rotating positions at the 
        National Operations Center.

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[SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND 
                    CERTIFICATION PROGRAM.

  [(a) Establishment.--
          [(1) In general.--The Secretary, acting through the 
        officer designated under paragraph (2), shall establish 
        and implement the voluntary private sector preparedness 
        accreditation and certification program in accordance 
        with this section.
          [(2) Designation of officer.--The Secretary shall 
        designate an officer responsible for the accreditation 
        and certification program under this section. Such 
        officer (hereinafter referred to in this section as the 
        ``designated officer'') shall be one of the following:
                  [(A) The Administrator, based on 
                consideration of--
                          [(i) the expertise of the 
                        Administrator in emergency management 
                        and preparedness in the United States; 
                        and
                          [(ii) the responsibilities of the 
                        Administrator as the principal advisor 
                        to the President for all matters 
                        relating to emergency management in the 
                        United States.
                  [(B) The Assistant Secretary for 
                Infrastructure Protection, based on 
                consideration of the expertise of the Assistant 
                Secretary in, and responsibilities for--
                          [(i) protection of critical 
                        infrastructure;
                          [(ii) risk assessment methodologies; 
                        and
                          [(iii) interacting with the private 
                        sector on the issues described in 
                        clauses (i) and (ii).
                  [(C) The Under Secretary for Science and 
                Technology, based on consideration of the 
                expertise of the Under Secretary in, and 
                responsibilities associated with, standards.
          [(3) Coordination.--In carrying out the accreditation 
        and certification program under this section, the 
        designated officer shall coordinate with--
                  [(A) the other officers of the Department 
                referred to in paragraph (2), using the 
                expertise and responsibilities of such 
                officers; and
                  [(B) the Special Assistant to the Secretary 
                for the Private Sector, based on consideration 
                of the expertise of the Special Assistant in, 
                and responsibilities for, interacting with the 
                private sector.
  [(b) Voluntary Private Sector Preparedness Standards; 
Voluntary Accreditation and Certification Program for the 
Private Sector.--
          [(1) Accreditation and certification program.--Not 
        later than 210 days after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007, the designated officer shall--
                  [(A) begin supporting the development and 
                updating, as necessary, of voluntary 
                preparedness standards through appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus 
                standards and voluntary consensus standards 
                development organizations; and
                  [(B) in consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                each private sector advisory council created 
                under section 102(f)(4), appropriate 
                representatives of State and local governments, 
                including emergency management officials, and 
                appropriate private sector advisory groups, 
                such as sector coordinating councils and 
                information sharing and analysis centers--
                          [(i) develop and promote a program to 
                        certify the preparedness of private 
                        sector entities that voluntarily choose 
                        to seek certification under the 
                        program; and
                          [(ii) implement the program under 
                        this subsection through any entity with 
                        which the designated officer enters 
                        into an agreement under paragraph 
                        (3)(A), which shall accredit third 
                        parties to carry out the certification 
                        process under this section.
          [(2) Program elements.--
                  [(A) In general.--
                          [(i) Program.--The program developed 
                        and implemented under this subsection 
                        shall assess whether a private sector 
                        entity complies with voluntary 
                        preparedness standards.
                          [(ii) Guidelines.--In developing the 
                        program under this subsection, the 
                        designated officer shall develop 
                        guidelines for the accreditation and 
                        certification processes established 
                        under this subsection.
                  [(B) Standards.--The designated officer, in 
                consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, representatives of 
                appropriate voluntary consensus standards 
                development organizations, each private sector 
                advisory council created under section 
                102(f)(4), appropriate representatives of State 
                and local governments, including emergency 
                management officials, and appropriate private 
                sector advisory groups such as sector 
                coordinating councils and information sharing 
                and analysis centers--
                          [(i) shall adopt one or more 
                        appropriate voluntary preparedness 
                        standards that promote preparedness, 
                        which may be tailored to address the 
                        unique nature of various sectors within 
                        the private sector, as necessary and 
                        appropriate, that shall be used in the 
                        accreditation and certification program 
                        under this subsection; and
                          [(ii) after the adoption of one or 
                        more standards under clause (i), may 
                        adopt additional voluntary preparedness 
                        standards or modify or discontinue the 
                        use of voluntary preparedness standards 
                        for the accreditation and certification 
                        program, as necessary and appropriate 
                        to promote preparedness.
                  [(C) Submission of recommendations.--In 
                adopting one or more standards under 
                subparagraph (B), the designated officer may 
                receive recommendations from any entity 
                described in that subparagraph relating to 
                appropriate voluntary preparedness standards, 
                including appropriate sector specific 
                standards, for adoption in the program.
                  [(D) Small business concerns.--The designated 
                officer and any entity with which the 
                designated officer enters into an agreement 
                under paragraph (3)(A) shall establish separate 
                classifications and methods of certification 
                for small business concerns (under the meaning 
                given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) for the program 
                under this subsection.
                  [(E) Considerations.--In developing and 
                implementing the program under this subsection, 
                the designated officer shall--
                          [(i) consider the unique nature of 
                        various sectors within the private 
                        sector, including preparedness 
                        standards, business continuity 
                        standards, or best practices, 
                        established--
                                  [(I) under any other 
                                provision of Federal law; or
                                  [(II) by any sector-specific 
                                agency, as defined under 
                                Homeland Security Presidential 
                                Directive-7; and
                          [(ii) coordinate the program, as 
                        appropriate, with--
                                  [(I) other Department private 
                                sector related programs; and
                                  [(II) preparedness and 
                                business continuity programs in 
                                other Federal agencies.
          [(3) Accreditation and certification processes.--
                  [(A) Agreement.--
                          [(i) In general.--Not later than 210 
                        days after the date of enactment of the 
                        Implementing Recommendations of the 9/
                        11 Commission Act of 2007, the 
                        designated officer shall enter into one 
                        or more agreements with a highly 
                        qualified nongovernmental entity with 
                        experience or expertise in coordinating 
                        and facilitating the development and 
                        use of voluntary consensus standards 
                        and in managing or implementing 
                        accreditation and certification 
                        programs for voluntary consensus 
                        standards, or a similarly qualified 
                        private sector entity, to carry out 
                        accreditations and oversee the 
                        certification process under this 
                        subsection. An entity entering into an 
                        agreement with the designated officer 
                        under this clause (hereinafter referred 
                        to in this section as a ``selected 
                        entity'') shall not perform 
                        certifications under this subsection.
                          [(ii) Contents.--A selected entity 
                        shall manage the accreditation process 
                        and oversee the certification process 
                        in accordance with the program 
                        established under this subsection and 
                        accredit qualified third parties to 
                        carry out the certification program 
                        established under this subsection.
                  [(B) Procedures and requirements for 
                accreditation and certification.--
                          [(i) In general.--Any selected entity 
                        shall collaborate to develop procedures 
                        and requirements for the accreditation 
                        and certification processes under this 
                        subsection, in accordance with the 
                        program established under this 
                        subsection and guidelines developed 
                        under paragraph (2)(A)(ii).
                          [(ii) Contents and use.--The 
                        procedures and requirements developed 
                        under clause (i) shall--
                                  [(I) ensure reasonable 
                                uniformity in any accreditation 
                                and certification processes if 
                                there is more than one selected 
                                entity; and
                                  [(II) be used by any selected 
                                entity in conducting 
                                accreditations and overseeing 
                                the certification process under 
                                this subsection.
                          [(iii) Disagreement.--Any 
                        disagreement among selected entities in 
                        developing procedures under clause (i) 
                        shall be resolved by the designated 
                        officer.
                  [(C) Designation.--A selected entity may 
                accredit any qualified third party to carry out 
                the certification process under this 
                subsection.
                  [(D) Disadvantaged business involvement.--In 
                accrediting qualified third parties to carry 
                out the certification process under this 
                subsection, a selected entity shall ensure, to 
                the extent practicable, that the third parties 
                include qualified small, minority, women-owned, 
                or disadvantaged business concerns when 
                appropriate. The term ``disadvantaged business 
                concern'' means a small business that is owned 
                and controlled by socially and economically 
                disadvantaged individuals, as defined in 
                section 124 of title 13, United States Code of 
                Federal Regulations.
                  [(E) Treatment of other certifications.--At 
                the request of any entity seeking 
                certification, any selected entity may 
                consider, as appropriate, other relevant 
                certifications acquired by the entity seeking 
                certification. If the selected entity 
                determines that such other certifications are 
                sufficient to meet the certification 
                requirement or aspects of the certification 
                requirement under this section, the selected 
                entity may give credit to the entity seeking 
                certification, as appropriate, to avoid 
                unnecessarily duplicative certification 
                requirements.
                  [(F) Third parties.--To be accredited under 
                subparagraph (C), a third party shall--
                          [(i) demonstrate that the third party 
                        has the ability to certify private 
                        sector entities in accordance with the 
                        procedures and requirements developed 
                        under subparagraph (B);
                          [(ii) agree to perform certifications 
                        in accordance with such procedures and 
                        requirements;
                          [(iii) agree not to have any 
                        beneficial interest in or any direct or 
                        indirect control over--
                                  [(I) a private sector entity 
                                for which that third party 
                                conducts a certification under 
                                this subsection; or
                                  [(II) any organization that 
                                provides preparedness 
                                consulting services to private 
                                sector entities;
                          [(iv) agree not to have any other 
                        conflict of interest with respect to 
                        any private sector entity for which 
                        that third party conducts a 
                        certification under this subsection;
                          [(v) maintain liability insurance 
                        coverage at policy limits in accordance 
                        with the requirements developed under 
                        subparagraph (B); and
                          [(vi) enter into an agreement with 
                        the selected entity accrediting that 
                        third party to protect any proprietary 
                        information of a private sector entity 
                        obtained under this subsection.
                  [(G) Monitoring.--
                          [(i) In general.--The designated 
                        officer and any selected entity shall 
                        regularly monitor and inspect the 
                        operations of any third party 
                        conducting certifications under this 
                        subsection to ensure that the third 
                        party is complying with the procedures 
                        and requirements established under 
                        subparagraph (B) and all other 
                        applicable requirements.
                          [(ii) Revocation.--If the designated 
                        officer or any selected entity 
                        determines that a third party is not 
                        meeting the procedures or requirements 
                        established under subparagraph (B), the 
                        selected entity shall--
                                  [(I) revoke the accreditation 
                                of that third party to conduct 
                                certifications under this 
                                subsection; and
                                  [(II) review any 
                                certification conducted by that 
                                third party, as necessary and 
                                appropriate.
          [(4) Annual review.--
                  [(A) In general.--The designated officer, in 
                consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                appropriate representatives of State and local 
                governments, including emergency management 
                officials, and each private sector advisory 
                council created under section 102(f)(4), shall 
                annually review the voluntary accreditation and 
                certification program established under this 
                subsection to ensure the effectiveness of such 
                program (including the operations and 
                management of such program by any selected 
                entity and the selected entity's inclusion of 
                qualified disadvantaged business concerns under 
                paragraph (3)(D)) and make improvements and 
                adjustments to the program as necessary and 
                appropriate.
                  [(B) Review of standards.--Each review under 
                subparagraph (A) shall include an assessment of 
                the voluntary preparedness standard or 
                standards used in the program under this 
                subsection.
          [(5) Voluntary participation.--Certification under 
        this subsection shall be voluntary for any private 
        sector entity.
          [(6) Public listing.--The designated officer shall 
        maintain and make public a listing of any private 
        sector entity certified as being in compliance with the 
        program established under this subsection, if that 
        private sector entity consents to such listing.
  [(c) Rule of Construction.--Nothing in this section may be 
construed as--
          [(1) a requirement to replace any preparedness, 
        emergency response, or business continuity standards, 
        requirements, or best practices established--
                  [(A) under any other provision of federal 
                law; or
                  [(B) by any sector-specific agency, as those 
                agencies are defined under Homeland Security 
                Presidential Directive-7; or
          [(2) exempting any private sector entity seeking 
        certification or meeting certification requirements 
        under subsection (b) from compliance with all 
        applicable statutes, regulations, directives, policies, 
        and industry codes of practice.]

SEC. 525. ACCEPTANCE OF GIFTS.

  (a) Authority.--The [Secretary] Administrator may accept and 
use gifts of property, both real and personal, and may accept 
gifts of services, including from guest lecturers, for 
otherwise authorized activities of the Center for Domestic 
Preparedness that are related to efforts to prevent, prepare 
for, protect against, or respond to a natural disaster, act of 
terrorism, or other man-made disaster, including the use of a 
weapon of mass destruction.
  (b) Prohibition.--The Secretary may not accept a gift under 
this section if the Secretary determines that the use of the 
property or services would compromise the integrity or 
appearance of integrity of--
          (1) a program of the Department; or
          (2) an individual involved in a program of the 
        Department.
  (c) Report.--
          (1) In general.--The Secretary shall submit to the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate an annual report 
        disclosing--
                  (A) any gifts that were accepted under this 
                section during the year covered by the report;
                  (B) how the gifts contribute to the mission 
                of the Center for Domestic Preparedness; and
                  (C) the amount of Federal savings that were 
                generated from the acceptance of the gifts.
          (2) Publication.--Each report required under 
        paragraph (1) shall be made publically available.

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