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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4815 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4815

            To provide for a National Disaster Safety Board.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 19), 2020

Mr. Schatz (for himself and Mr. Cassidy) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
            To provide for a National Disaster Safety Board.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Learning and Life Saving 
Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Act of violence.--The term ``act of violence'' means 
        any terrorism-related or other willful act of human violence 
        that causes loss of human life, or human or economic injury, 
        including an explosion, arson, mass shooting, or attack by a 
        hostile force, as determined by the Board.
            (2) Board.--The term ``Board'' means the National Disaster 
        Safety Board established under section 3.
            (3) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Board appointed under section 3.
            (4) Economic injury.--The term ``economic injury'' has the 
        meaning given the term ``substantial economic injury'' in 
        section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
            (5) Incident.--The term ``incident'' means a natural 
        hazard, public health incident, or other circumstance that the 
        Board decides to review.
            (6) Institution of higher education and research 
        institution.--The term ``institution of higher education and 
        research institution'' means--
                    (A) an institution of higher education (as defined 
                in section 101 of the Higher Education Act (20 U.S.C. 
                1001));
                    (B) a National Laboratory (as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801));
                    (C) a laboratory described in section 308(c)(2) of 
                the Homeland Security Act of 2002 (6 U.S.C. 188(c)(2));
                    (D) the National Domestic Preparedness Consortium 
                established under section 1204 of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (6 
                U.S.C. 1102) and the members of such Consortium; and
                    (E) a research institution associated with an 
                institution of higher education.
            (7) Natural hazard.--The term ``natural hazard'' means any 
        naturally occurring hurricane, tornado, storm, heat wave, 
        flood, high water, wind-driven water, wind storm, wildfire, 
        wildland urban interface fire, urban conflagration fire, tidal 
        wave, tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, dust storm, drought, or combination 
        thereof, that causes or threatens to cause loss of human life, 
        or human or economic injury, as determined by the Board.
            (8) Public health incident.--The term ``public health 
        incident'' means any infectious disease outbreak or the public 
        health and safety consequences of chemical, radiological, and 
        biological events, as determined by the Board.
            (9) State.--The term ``State'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
            (10) Technological disaster.--The term ``technological 
        disaster'' means an incident that--
                    (A) is caused by human error or malfunction in 
                technology, including a dam or structural failure, a 
                fire (other than a naturally occurring wildfire, 
                wildland urban interface fire, urban conflagration 
                fire, or arson), a hazardous material incident, a 
                nuclear accident, and a power and telecommunications 
                failure; and
                    (B) causes loss of human life, or human or economic 
                injury, as determined by the Board.
            (11) Terrorism.--The term ``terrorism'' has the meaning 
        given the term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
            (12) Tribal government.--The term ``Tribal government'' 
        means the governing body of any Indian or Alaska Native tribe, 
        band, nation, pueblo, village, or community that the Secretary 
        of the Interior acknowledges to exist as an Indian tribe under 
        the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 5130 et seq.).

SEC. 3. ESTABLISHMENT AND PURPOSE.

    (a) Organization.--There is established in the executive branch a 
National Disaster Safety Board, which shall be an independent 
establishment, as defined in section 104 of title 5, United States 
Code.
    (b) Purpose.--The purposes of the Board are--
            (1) to reduce loss of life, injury, and economic injury 
        caused by future incidents by learning from natural hazards and 
        public health incidents, including the impacts and underlying 
        factors of such incidents, in a standardized way;
            (2) to maintain a focus that is future-looking and national 
        in scope, by applying what the Board learns through the trends 
        that emerge from the incidents the Board reviews nationally to 
        prevent loss of life, or human or economic injury, not only in 
        the affected jurisdiction, but nationally, as the Board 
        determines relevant;
            (3) in carrying out reviews, analyses, and recommendations, 
        is not to be accusatory in nature and the Board shall not seek 
        to find blame in any individual or organization, or second-
        guess any relevant authorities;
            (4) to address systemic causes behind the loss of life and 
        human or economic injury in incidents, including by 
        recommending the augmentation of resources available to 
        entities responsible for managing incident consequences; and
            (5) while preventing economic injury as part of the mission 
        of the Board, when relevant, to prioritize efforts that focus 
        on lifesaving and injury prevention, especially in 
        disproportionately impacted communities, as its work determines 
        them to be.

SEC. 4. GENERAL AUTHORITY.

    (a) Authority To Review.--
            (1) In general.--Subject to subsection (b), the Board shall 
        review and establish the facts, circumstances, and cause or 
        probable cause of the loss of life, human injury, and economic 
        injury due to a natural hazard or public health incident with 
        10 or more fatalities or that meets the requirements described 
        in paragraph (5) or (6) of subsection (b) that occurs after the 
        date of enactment of this Act.
            (2) Due to a natural hazard or public health incident 
        defined.--For purposes of paragraph (1), the term ``due to a 
        natural hazard or public health incident'' means a fatality 
        that, if not for the natural hazard or public health incident, 
        as the case may be, would not have occurred within the time 
        frame of the incident, as defined by standards developed by the 
        Board.
    (b) Determination of Whether Incident Warrants Board Review.--In 
carrying out subsection (a), the Board--
            (1) may begin the review of an incident, including by 
        monitoring the natural hazard or public health incident and 
        collecting facts, before the total number of fatalities is 
        known if the Board determines that the natural hazard or public 
        health incident has the potential to cause 10 or more 
        fatalities at its onset, in accordance with the policies and 
        procedures established by the Board;
            (2) may, by a two-thirds vote, decide that an incident that 
        caused 10 or more fatalities does not require a review and 
        shall issue a public statement explaining the determination;
            (3) may, by a majority vote, decide to review any natural 
        hazard or public health incident that occurs after the date of 
        enactment of this Act upon request from a representative of an 
        affected State, Tribal government, or unit of local government, 
        regardless of the number of fatalities;
            (4) may, by a majority vote, decide to review any natural 
        hazard or public health incident that occurs after the date of 
        enactment of this Act upon recommendation by the Office for the 
        Protection of Disproportionately Impacted Communities of the 
        Board, which the Office may make because of the incident's 
        impacts on populations that are socially, medically, or 
        economically vulnerable, as decided by the Office; and
            (5) may, by a majority vote, decide to review a natural 
        hazard or public health incident that occurs after the date of 
        enactment of this Act if--
                    (A) the Board determines that information may be 
                gained by the review that will be useful in reducing 
                systemic causes behind the loss of life and human or 
                economic injury; and
                    (B) the incident--
                            (i) did not result in 10 or more 
                        fatalities; and
                            (ii)(I) could have resulted in a large 
                        number of fatalities if not for swift 
                        intervention or a shift in the course of 
                        events; or
                            (II) resulted in, as determined by the 
                        Board--
                                    (aa) a significant amount of 
                                economic or infrastructure damage;
                                    (bb) significant human 
                                displacement; or
                                    (cc) a significant number of severe 
                                non-fatal injuries or cases of severe 
                                illness; and
            (6) shall, by majority vote, determine whether each 
        incident for which the President issues a major disaster 
        declaration under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
        meets the criteria for review under paragraph (5).
    (c) Nature of Review.--
            (1) In general.--In carrying out a review under this Act, 
        the Board shall--
                    (A) conduct the review to determine the facts, 
                conditions, and circumstances relating to the loss of 
                life, human injury, and economic injury due to an 
                incident;
                    (B) following an initial assessment of an incident 
                by the Board, notify any individual or organization 
                that the Board anticipates will be affected by the 
                review as to the extent of the expected review response 
                of the Board;
                    (C) use the results of the review under 
                subparagraph (A) to--
                            (i) determine how and why people die and 
                        are injured during an incident; and
                            (ii) issue recommendations to prevent or 
                        mitigate the loss of life, human injury, or 
                        economic injury due to similar incidents; and
                    (D) report on the facts and circumstances of the 
                incident review, including the pre-incident resilience 
                or vulnerabilities of the incident area or population.
            (2) Generalized nature of reviews.--A review of loss of 
        life and injury conducted by the Board shall--
                    (A) be generalized;
                    (B) focus on trends across an incident; and
                    (C) not aim to determine the exact individual cause 
                of death or injury of any affected people.
            (3) Fact-finding proceeding.--Any review of an incident by 
        the Board under this Act shall be a fact-finding proceeding 
        with no adverse parties.
            (4) Limitation of applicability of other acts.--
                    (A) Administrative procedure act.--Any review 
                proceedings of the Board under this Act shall not be--
                            (i) subject to the Administrative Procedure 
                        Act (5 U.S.C. 551 et seq.); or
                            (ii) conducted for the purpose of 
                        determining the rights, liabilities, or blame 
                        of any person, as the review is not an 
                        adjudicatory proceeding.
                    (B) Paperwork reduction act.--Chapter 35 of title 
                44, United States Code (commonly known as the 
                ``Paperwork Reduction Act''), shall not apply to the 
                review proceedings of the Board under this Act.
                    (C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Board.
            (5) Initiating reviews.--The Board shall initiate a review 
        of an incident by monitoring the situation and assessing 
        available facts to determine the appropriate review response, 
        without interfering in any ongoing lifesaving and life 
        sustaining efforts underway by other entities.
            (6) Alignment and coordination.--In carrying out this Act, 
        the Board shall coordinate with Federal, State, local, and 
        Tribal entities to--
                    (A) establish or adopt standard methods of 
                measuring the impacts of natural hazards and accessing 
                response capacity and capabilities to maintain 
                consistency and allow for the analysis of trends over 
                time;
                    (B) ensure that the standard data sets and formats 
                necessary for reviews developed under subparagraph (A) 
                are propagated among Federal, State, local, and tribal 
                entities that may be involved in response operations;
                    (C) leverage, to the extent practicable, data 
                collected using standard data sets and formats 
                established under subparagraph (B) by Federal entities 
                involved in response operations to avoid any 
                duplication of data collection; and
                    (D) during incident response operations, coordinate 
                with partners active in the operation to collect data 
                remotely or take other actions that the Board finds 
                necessary to align and coordinate the requirements of 
                the review with ongoing operations, including through 
                the requirements of paragraph (7).
            (7) Incident command.--The Board shall--
                    (A) recognize the role of incident command systems 
                to address incidents;
                    (B) participate in the incident command system to 
                identify and coordinate review needs related to the 
                preservation and collection of information and 
                evidence; and
                    (C) shall collect information and evidence from the 
                incident command in a timely and reasonable manner so 
                as not to interfere with the operations of the incident 
                command.
            (8) Parties to the review.--
                    (A) Participants.--Subject to subparagraph (B), the 
                Board may invite 1 or more entities to serve as a party 
                in a review on a voluntary basis, and any party 
                participant shall be required to follow all directions 
                and instructions from the Board.
                    (B) Eligible entity.--In designating an entity to 
                serve as a party under subparagraph (A), the Board may 
                designate only a Federal, State, or local government 
                agency or private organization whose employees, 
                functions, activities, or products were involved in the 
                incident, including responsible parties, and that can 
                provide suitable qualified technical personnel to 
                actively assist in the review.
                    (C) Representatives of eligible entities.--To the 
                extent practicable, a representative proposed by an 
                entity designated as a party under subparagraph (A) to 
                participate in the review may not be an individual who 
                had direct involvement in the incident under review.
                    (D) Revocation of party status.--A designation as a 
                party under subparagraph (A) may be revoked or 
                suspended by the Board if the party fails to comply 
                with assigned duties and instructions, withholds 
                information, or otherwise acts in a manner prejudicial 
                or disruptive to a review.
                    (E) Rule of construction.--Nothing in this 
                paragraph shall be construed to establish a right for 
                any entity to participate in a Board review as a party.
                    (F) Internal review by a party.--To assure 
                coordination of concurrent efforts, a party to a review 
                that conducts or authorizes an internal review of the 
                processes and procedures of the party as a result of an 
                incident that the Board is reviewing shall--
                            (i) inform the Board of the nature of the 
                        review; and
                            (ii) provide to the Board findings from the 
                        review.
            (9) Review procedures.--In addition to any procedures 
        required under this Act, the Board shall determine and publish 
        detailed review procedures as the Board determines necessary.
            (10) Products.--The Board may use any medium that will 
        effectively convey the findings and recommendations of the 
        Board to the targeted audience of such findings or 
        recommendations.
    (d) Review by Affected Authorities.--
            (1) In general.--When the Board has completed the findings 
        and recommendations or other products as a result of a review 
        under this Act, the Board shall provide all affected States, 
        Tribal Governments, and units of local government, or their 
        designees, an opportunity to review and comment not later than 
        30 days before the publication of the findings or 
        recommendations.
            (2) Requirement.--The Board shall make every reasonable 
        effort, within its discretion, to respond to requests for 
        additional information and context that an affected 
        jurisdiction may make and to edit their findings and 
        recommendations with any useful additional information or 
        context provided by any affected jurisdiction in its comments 
        without affecting the integrity or independence of the review 
        and its findings and recommendations, as the Board shall 
        determine.
    (e) Disproportionately Impacted Communities.--
            (1) In general.--In carrying out a review of an incident 
        under this section, including in determining whether to launch 
        a review, the Board shall ensure the potential development of 
        findings that would benefit the prevention of loss of life and 
        human or economic injury to populations that are socially, 
        medically, or economically vulnerable, as decided by the Board.
            (2) Data requirement.--To forward the analysis and 
        identification of trends of fatalities and injuries as a result 
        of incidents, the Board shall publish information regarding the 
        number of fatalities and injuries, and the facts and 
        circumstances surrounding them, disaggregated by race, color or 
        ethnicity, religion, nationality, sex, age, disability, English 
        proficiency, occupation, or economic status, and other 
        demographic characteristics that the Board may determine 
        appropriate.
    (f) Coordination With Other Reviews and Investigations.--
            (1) In general.--Subject to the requirements of this 
        section, a review of a natural hazard incident by the Board 
        under subsection (a)(1) shall have priority over any 
        investigation by another department, agency, or instrumentality 
        of the Federal Government or a State, Tribal, or local 
        government.
            (2) Participation by other agencies.--The Board shall 
        provide for appropriate participation by other departments, 
        agencies, or instrumentalities in a review conducted by the 
        Board, except that another department, agency, or 
        instrumentality may not influence the final findings of the 
        Board.
            (3) Coordination.--The Board shall coordinate with all 
        other Federal, State, Tribal, or local legally mandated 
        investigations or reviews and may share information with those 
        entities, according to policies and procedures that the Board 
        will provide, to ensure that appropriate findings and 
        recommendations to reduce loss of life, injury, and economic 
        injury caused by future incidents are produced as efficiently 
        as possible.
            (4) Memoranda of understanding.--Not later than 1 year 
        after the date of enactment of this Act, and biennially 
        thereafter, the Chairman of the Board shall enter into 
        memoranda of understanding with the Director of the National 
        Institute of Standards and Technology, the Administrator of the 
        Federal Emergency Management Agency, the Chairman of the 
        Chemical Safety Board, and the Chairman of the National 
        Transportation Safety Board, respectively, and may enter into 
        additional memoranda of understanding with any other Federal 
        entity that requests such due to the relationship that the 
        requirements of the Federal entity may have with the 
        requirements with the Board, in order to--
                    (A) determine the appropriate roles and 
                responsibilities of the Board with respect to the other 
                agency or board;
                    (B) avoid any duplication of effort; and
                    (C) ensure that appropriate findings and 
                recommendations to reduce loss of life, injury, and 
                economic injury caused by future incidents are 
                provided.
    (g) Participation in Support of Another Agency.--
            (1) In general.--
                    (A) Investigation of acts of violence.--The Board 
                may participate in an investigation of an act of 
                violence in support of another Federal department or 
                agency, or other Federal investigative body with 
                statutory authority to lead such an investigation, if 
                the head of the lead investigative agency determines 
                that the participation of the Board would be beneficial 
                to reduce the likelihood of the loss of life and human 
                or economic injury, for future similar incidents.
                    (B) Investigation of technological incidents.--
                            (i) In general.--The Board may participate 
                        in an investigation of a technological 
                        incident--
                                    (I) in support of another Federal 
                                department or agency, or other Federal 
                                investigative body with statutory 
                                authority to lead such an 
                                investigation, if the head of the lead 
                                investigative agency determines that 
                                the participation of the Board would be 
                                beneficial to reduce the likelihood of 
                                the loss of life and human or economic 
                                injury, for future similar incidents; 
                                or
                                    (II) in the case of no statutory 
                                authority for another Federal 
                                department or agency, or other Federal 
                                investigative body, to lead such an 
                                investigation, as the lead 
                                investigative entity.
                            (ii) Memoranda of understanding.--Not later 
                        than 1 year after the date of enactment of this 
                        Act, and biennially thereafter, the Chairman of 
                        the Board shall enter into memoranda of 
                        understanding with the heads of appropriate 
                        Federal agencies in order to--
                                    (I) determine the appropriate roles 
                                and responsibilities of the Board in 
                                investigating technological incidents 
                                with respect to the other agency;
                                    (II) avoid any duplication of 
                                effort; and
                                    (III) ensure that appropriate 
                                findings and recommendations to reduce 
                                loss of life, injury, and economic 
                                injury caused by future incidents are 
                                provided.
            (2) Findings.--If the Board participates in an act of 
        violence or technological incident investigation under 
        subparagraph (A), the Board may issue independent findings and 
        recommendations notwithstanding the outcome of any 
        investigation conducted by another Federal agency or other 
        Federal investigative body.
            (3) Criminal circumstances.--If the Attorney General, in 
        consultation with the Chairperson, determines and notifies the 
        Board that circumstances reasonably indicate that the act of 
        violence or technological incident described in subparagraph 
        (A) may have been caused by an intentional criminal act, the 
        Board shall relinquish investigative priority to the 
        responsible Federal law enforcement entity.
            (4) Rule of construction.--This section shall not be 
        construed to affect the authority of another department, 
        agency, or instrumentality of the Federal Government to 
        investigate an incident under applicable law or to obtain 
        information directly from the parties involved in, and 
        witnesses to, the incident. The Board and other departments, 
        agencies, and instrumentalities shall ensure that appropriate 
        information developed about the incident is exchanged in a 
        timely manner.
    (h) Technical Assistance.--The Board may make the following types 
of technical assistance available to Federal, State, Tribal, and local 
government agencies and to private entities as designated by a Federal, 
State, Tribal, or local government agency:
            (1) Independent review.--The Board shall disseminate best 
        practices for the development of internal review organizations 
        within State, Tribal, and local governments.
            (2) Implementation of recommendations.--The Board--
                    (A) may provide technical assistance to any entity 
                identified as responsible for implementing a 
                recommendation under section 5(a)(1) to assist the 
                entity in implementing the recommendation; and
                    (B) to the extent possible, shall provide the 
                technical assistance described in subparagraph (A) in 
                coordination with technical assistance offered by 
                another Federal department or agency.
            (3) Prioritization.--In offering technical assistance under 
        this subsection, the Board shall use a risk-based method of 
        prioritization, as the Board determines appropriate.
    (i) Findings.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date on which the Board initiates a 
        review conducted under this section, the Board shall make the 
        findings and relevant underlying data of the review available 
        to the public.
            (2) Extension of deadline.--The Chairperson of the Board 
        may extend the 1-year period described in paragraph (1) if the 
        Chairperson, before the end of such 1-year period--
                    (A) provides an explanation for the extension; and
                    (B) make available to the public all available 
                interim findings and underlying data.

SEC. 5. RECOMMENDATIONS AND RESPONSES.

    (a) In General.--If the Board issues a recommendation about an 
incident, the Board shall--
            (1) explain the relationship between any recommendation and 
        the results of a fact-finding review;
            (2) identify each relevant entity responsible for making 
        the change called for in the recommendation, including State, 
        local, or private entities, as appropriate;
            (3) publish any responses to the recommendation publicly; 
        and
            (4) assess whether the responses adequately lower the 
        likelihood that a future similar incident will result in loss 
        of life, or human or economic injury in the view of the Board.
    (b) Federal Responses to Recommendations.--
            (1) In general.--All Federal departments and agencies 
        identified in a recommendation made by the Board shall reply to 
        the recommendations not later than 90 days after the date on 
        which the recommendation is published by the Board.
            (2) Response described.--A response under paragraph (1) 
        made by a Federal department or agency shall include--
                    (A) whether the department or agency intends to 
                adopt the recommendation in whole, in part, or not at 
                all;
                    (B) an explanation of the reasons for only adopting 
                the recommendation in part or not at all; and
                    (C) a proposed timetable for completing the action 
                the Federal department or agency has agreed to.
            (3) Progress updates.--A Federal department or agency that 
        agrees to adopt a recommendation of the Board shall--
                    (A) track the progress of the department or agency 
                toward completion; and
                    (B) provide an update to the Board, to be published 
                publicly, periodically and not less frequently than 
                annually.
    (c) Public Availability.--
            (1) In general.--Not later than 1 year after the date on 
        which a final determination is made on a recommendation under 
        this section, the Board shall make a copy of the recommendation 
        and response to the recommendation available to the public.
            (2) Extension of deadline.--The Chairperson of the Board 
        may extend the 1-year period described in paragraph (1) if the 
        Chairperson, before the end of such 1-year period--
                    (A) provides an explanation for the extension; and
                    (B) make available to the public any available 
                interim response to the recommendation and underlying 
                data.
    (d) Dissemination.--The Board shall propagate each recommendation 
issued under this section, including by--
            (1) incorporating the recommendation, and any related 
        findings, into training material used by Federal, State, 
        Tribal, and private training facilities specializing in 
        building resilience to and responding to and recovering from 
        natural hazards and public health incidents, as the Board deems 
        appropriate;
            (2) coordinating with professional associations related to 
        building resilience to and responding to and recovering from 
        natural hazards and public health incidents;
            (3) collaborating with relevant Federal, State, and Tribal 
        authorities and private organizations; and
            (4) coordinating with private and public institutions of 
        higher education and research institutions.

SEC. 6. REPORTS AND STUDIES.

    (a) Studies and Other Reports.--
            (1) In general.--The Board shall periodically submit a 
        report containing the information described in paragraph (2) 
        to--
                    (A) Congress;
                    (B) any department, agency, or instrumentality of 
                the Federal Government concerned with natural hazards 
                and public health safety;
                    (C) all State and Tribal governments; and
                    (D) the general public.
            (2) Information described.--The information described in 
        this paragraph is--
                    (A) the results of special studies on how to reduce 
                morbidity and mortality from incidents;
                    (B) an examination of techniques and methods of 
                evaluating measures to protect the public from 
                incidents and periodically publish recommended 
                procedures for reviews;
                    (C) evaluation and examination of the effectiveness 
                of the findings of the Board about the natural hazard 
                and public health resilience of other departments, 
                agencies, and instrumentalities of the Federal 
                Government and their effectiveness in preventing loss 
                of life, or human or economic injury; and
                    (D) recommend meaningful responses to reduce the 
                likelihood of loss of life, or human or economic 
                injury, according to the findings of the above-
                mentioned research, including national and regional 
                policies and programs.
    (b) Biennial Report.--Not later than June 1, 2022, and once every 2 
years thereafter, the Board shall submit a report to Congress, which 
shall include--
            (1) a statistical and analytical summary of the reviews 
        conducted and reviewed by the Board during the prior 2 calendar 
        years;
            (2) a survey and summary of the recommendations made by the 
        Board and the observed response to each recommendation, 
        including the classification, containing a written 
        justification and explanation of each recommendation as--
                    (A) open, if, in the determination of the Board, 
                sufficient action to fulfill the intent of the 
                recommendation has not been taken and still should be;
                    (B) closed, if, in the determination of the Board, 
                sufficient action to fulfill the intent of the 
                recommendation has been taken and no further action is 
                necessary; and
                    (C) outdated, if, in the determination of the 
                Board, the recommendation is no longer relevant because 
                of any change in circumstances or actions by parties 
                other than the intended recipient of the 
                recommendation;
            (3) an assessment of efforts of Federal, State, Tribal, and 
        local governments to respond to recommendations made by the 
        Board, if such entities have voluntarily provided information 
        to the Board on the progress of the entity;
            (4) a description of the training undertaken by the Board 
        and its staff and persons sponsored by the Board;
            (5) a list of natural hazards and public health incidents 
        that caused 10 or more fatalities that the Board did not review 
        and a recommendation with justification by the Board of whether 
        similar incidents should be reviewed in the future;
            (6) a recommendation on how, if at all, the thresholds and 
        triggers for a review by the Board should change;
            (7) an assessment of the sufficiency of Federal resources 
        provided to State, Tribal, and local governments in aggregate 
        relative to any vulnerabilities that the Board determines the 
        governments have;
            (8) a list of all requests for review from Governors of 
        States and territories and chief executives of Tribal 
        governments or recommended by the office established under 
        section 7(f)(2) that the Board rejected, including comments and 
        recommendations from the Board regarding whether similar 
        incidents should be reviewed in the future; and
            (9) a list of ongoing reviews that have exceeded the 
        expected time allotted for completion by Board order and an 
        explanation for the additional time required to complete each 
        such review.
    (c) Dissemination.--The Board shall propagate the information 
described in subsection (a)(2), including by--
            (1) incorporating the information into training material 
        used by Federal, State, Tribal, and private training facilities 
        specializing in building resilience to and responding to and 
        recovering from natural hazards and public health incidents, as 
        the Board deems appropriate;
            (2) coordinating with professional associations related to 
        building resilience to and responding to and recovering from 
        natural hazards and public health incidents;
            (3) collaborating with relevant Federal, State, and Tribal 
        authorities and private organizations; and
            (4) coordinating with private and public institutions of 
        higher education and research institutions.

SEC. 7. APPOINTMENT AND ORGANIZATION.

    (a) Appointment of Members.--
            (1) In general.--The Board shall be composed of 7 members, 
        who shall, in accordance with paragraph (2) and subject to 
        paragraph (3), be appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Procedure.--
                    (A) Initial appointments.--The President shall 
                appoint the initial 7 members of the Board from among a 
                list of 14 individuals provided by both houses of 
                Congress, of which--
                            (i) the majority leader of the Senate shall 
                        provide the names of 4 individuals;
                            (ii) the minority leader of the Senate 
                        shall provide the names of 3 individuals;
                            (iii) the Speaker of the House of 
                        Representatives shall provide the names of 4 
                        individuals; and
                            (iv) the minority leader of the House of 
                        Representatives shall provide the names of 3 
                        individuals.
                    (B) Consultation.--In making appointments under 
                this paragraph, the President shall consult with the 
                National Academies of Sciences, Engineering, and 
                Medicine and relevant professional associations and 
                leaders in the private sector.
                    (C) Subsequent appointments.--Any vacancy of the 
                Board shall be filled in the same manner as the 
                original appointment, except that subparagraph (A) 
                shall not apply.
            (3) Requirements.--Of the 7 members appointed under 
        paragraph (1)--
                    (A) not more than 4 members may be appointed from 
                the same political party;
                    (B) all members shall be appointed on the basis of 
                technical qualification, professional standing, and 
                demonstrated knowledge in emergency management, fire 
                management, emergency medical services, public-health, 
                engineering, social science, or behavioral science;
                    (C) a minimum of 2 members shall have experience 
                working at the State or municipal level in 1 of the 
                fields described in subparagraph (B); and
                    (D) a minimum of 2 members shall have demonstrated 
                professional experience working with populations that 
                have historically been more vulnerable to incidents 
                because of their race, color, nationality, sex, age, 
                disability, English proficiency, or economic status.
    (b) Terms of Office and Removal.--
            (1) Term of office.--Except as provided in paragraph (2), 
        the term of office of each member shall be 5 years.
            (2) Filling of vacancy.--An individual appointed to fill a 
        vacancy occurring before the expiration of the term for which 
        the predecessor of that individual was appointed is appointed 
        for the remainder of that term.
            (3) Continuation until successor is appointed.--When the 
        term of office of a member ends, the member may continue to 
        serve until a successor is appointed and confirmed.
            (4) Removal.--The President may remove a member only for 
        inefficiency, neglect of duty, or malfeasance in office. 
        Immediately upon removing a member of the Board, the President 
        shall issue a public statement that details how the actions of 
        the removed member met the criteria of this paragraph.
    (c) Chairperson and Vice Chairperson.--
            (1) Chairperson.--The President shall designate, by and 
        with the advice and consent of the Senate, a member appointed 
        under subsection (b) to serve as the Chairperson of the Board.
            (2) Vice chairperson.--The President shall designate a 
        member appointed under subsection (b) to serve as the Vice 
        Chairperson of the Board and if the Chairperson is absent or 
        unable to serve, or if the position of Chairperson is vacant, 
        the Vice Chairperson shall act as the Chairperson.
            (3) Term of office.--The Chairperson and Vice Chairperson 
        shall each serve in such position for a term of 3 years.
    (d) Duties and Powers of Chairperson.--
            (1) In general.--The Chairperson shall be the chief 
        executive and administrative officer of the Board.
            (2) Powers.--Subject to the general policies and decisions 
        of the Board, the Chairperson shall--
                    (A) appoint and supervise officers and employees, 
                other than regular and full-time employees in the 
                immediate offices of another member, necessary to carry 
                out this Act;
                    (B) fix the pay of officers and employees necessary 
                to carry out this Act;
                    (C) distribute business among the officers, 
                employees, and administrative units of the Board; and
                    (D) supervise the expenditures of the Board.
    (e) Quorum.--
            (1) In general.--Subject to paragraphs (2) and (3), 4 
        members of the Board shall constitute a quorum for purposes of 
        carrying out the duties and powers of the Board, subject to the 
        limitations in the remainder of this subsection.
            (2) Party limitation.--Not less than 1 representative from 
        each party shall be present for a quorum to be established.
            (3) Chairperson.--Either the Chairperson or Vice 
        Chairperson shall be present for a quorum to be established.
    (f) Offices.--
            (1) In general.--The Board shall establish such offices as 
        are necessary to carry out this Act, which may include offices 
        responsible for--
                    (A) operations;
                    (B) science and methodology;
                    (C) review and evaluation;
                    (D) communications;
                    (E) external coordination; or
                    (F) technical assistance.
            (2) Office for the protection of disproportionately 
        impacted communities.--
                    (A) In general.--The Board shall establish an 
                office to review and make recommendations to mitigate 
                and prevent the loss of life, or human or economic 
                injury for vulnerable populations, including 
                populations that may be more vulnerable because of 
                their race, color, religion, nationality, sex, age, 
                disability, English proficiency, or economic status, or 
                other demographic characteristics that the Board may 
                determine appropriate.
                    (B) Responsibilities.--The office established under 
                paragraph (1) shall--
                            (i) provide recommendations to the Board 
                        for incidents to review in accordance with 
                        section 4(b)(4) that do not otherwise meet the 
                        requirements of section 4(b);
                            (ii) determine and maintain a list specific 
                        demographic, economic, social, and health 
                        characteristics of populations that 
                        historically have shown to be 
                        disproportionately impacted by incidents;
                            (iii) during a review conducted by the 
                        Board, provide research and analysis on how the 
                        incident impacts populations that the Office 
                        determines to be disproportionately impacted;
                            (iv) provide recommendations for each 
                        review conducted by the Board and for each 
                        report developed under section 6 on actions 
                        that can be taken to reduce the impact to 
                        populations that are found to be 
                        disproportionately impacted under clause (ii); 
                        and
                            (v) provide training, and establish 
                        training requirements, for Board members and 
                        staff in the fields of diversity, inclusion, 
                        and equity in consultation with organizations 
                        specializing in those fields.
            (3) Regional offices.--In establishing offices under this 
        subsection, the Board may establish regional offices across the 
        United States to facilitate collaboration, coordination, and 
        the dissemination of findings, recommendations, and best 
        practices to State, Tribal, and local governments and the 
        private sector in such regions as the Board determines 
        appropriate.
            (4) Purpose.--Each office established under this subsection 
        shall enable the Board to review, report on, and issue 
        recommendations to prevent the loss of life, human injury, and 
        economic injury and deliver technical assistance to disseminate 
        best practices in accordance with this Act.
    (g) Chief Financial Officer.--The Chairperson shall designate an 
officer or employee of the Board to serve as the Chief Financial 
Officer, who shall--
            (1) report directly to the Chairperson on financial 
        management and budget execution;
            (2) direct, manage, and provide policy guidance and 
        oversight on financial management and property and inventory 
        control; and
            (3) review the fees, rents, and other charges imposed by 
        the Board for services and things of value it provides and 
        suggest appropriate revisions to those charges to reflect costs 
        incurred by the Board in providing those services and things of 
        value.
    (h) Board Member Staff.--
            (1) In general.--Each member of the Board shall appoint and 
        supervise regular and full-time employees in his or her 
        immediate office as long as any such employee has been approved 
        for employment by the designated agency ethics official under 
        the same guidelines that apply to all employees of the Board.
            (2) Designation.--With respect to an individual appointed 
        under paragraph (1)--
                    (A) the member of the Board making the appointment 
                shall determine which grade of the General Schedule 
                most closely corresponds with respect to the duties and 
                functions of the position to which the individual is 
                appointed; and
                    (B) during the period of the appointment--
                            (i) the individual shall be compensated at 
                        the appropriate rate of pay for the grade of 
                        the General Schedule with respect to which the 
                        determination is made under subparagraph (A); 
                        and
                            (ii) for the purposes of title 5, United 
                        States Code, and the rules issued under that 
                        title, the individual shall be considered to be 
                        an employee, as that term is defined in section 
                        5331(a) of title 5, United States Code.
            (3) Limitation.--Except for the Chairperson, the 
        appointment authority in paragraph (1) shall be limited to the 
        number of full-time equivalent positions, in addition to 1 
        senior professional staff position at a level not to exceed the 
        GS-15 level of the General Schedule and 1 administrative staff 
        position, allocated to each member of the Board through the 
        annual budget and allocation process of the Board.
    (i) Detailed Staff.--
            (1) Federal employees.--
                    (A) In general.--Upon request of the Board, the 
                head of an agency described in subparagraph (B), or any 
                other Federal department or agency that the Board may 
                request, may detail, on a reimbursable basis, any of 
                the personnel of that department or agency to the Board 
                to assist the Board in carrying out the duties of the 
                Board under this Act.
                    (B) Relevant agencies.--For purposes of 
                subparagraph (A), the following are agencies described 
                in this subparagraph:
                            (i) The Federal Emergency Management 
                        Agency.
                            (ii) The Cybersecurity and Infrastructure 
                        Security Agency of the Department of Homeland 
                        Security.
                            (iii) The National Oceanic and Atmospheric 
                        Administration, including the National Weather 
                        Service.
                            (iv) The Department of Defense, including 
                        the Army Corps of Engineers.
                            (v) The Department of Health and Human 
                        Services.
                            (vi) The National Institutes of Health.
                            (vii) The Centers for Disease Control and 
                        Prevention.
                            (viii) The Coast Guard.
                            (ix) The National Transportation Safety 
                        Board.
                            (x) The National Institute of Standards and 
                        Technology.
                            (xi) The Government Accountability Office.
                            (xii) The Department of the Interior, 
                        including the United States Geological Survey.
                            (xiii) Any Office of the Inspector General.
                            (xiv) The Small Business Administration.
                            (xv) The Chemical Safety and Hazard 
                        Investigation Board.
                            (xvi) The Department of Housing and Urban 
                        Development.
                            (xvii) The Department of Agriculture.
            (2) State, local, tribal, and research staff.--
                    (A) In general.--The Board may enter into 
                agreements with State, local, and Tribal governments 
                and relevant nonprofit institutions of higher education 
                and research institutions to request staff, with 
                specialized experience that the Board determines 
                relevant, to be detailed to the Board, on a 
                reimbursable basis, and shall consult with relevant 
                associations and organizations of those entities in 
                developing an efficient process for requesting and 
                receiving detailed staff.
                    (B) Compensation.--The Board shall ensure that any 
                staff members detailed to the Board under this 
                paragraph are compensated equitably and shall pay 
                differences in salaries based on the experience of said 
                staff and in consultation with the Office of Personnel 
                Management.
            (3) Term of detail.--Any staff member detailed to the Board 
        under this section shall be detailed for a term of 1 year and 
        such detail may be extended for not more than 2 1-year terms.
            (4) Limitations.--Under this subsection--
                    (A) not more than 25 percent of the total number of 
                staff members working for the Board at any time may be 
                detailees or otherwise nonpermanent staff;
                    (B) a detailee shall serve as an adviser or 
                supplemental professional staff in any office 
                established by the Board under subsection (g); and
                    (C) a detailee may not--
                            (i) determine any final findings or 
                        recommendations; and
                            (ii) be the sole decisionmaker in review or 
                        evaluation methodologies.
    (j) Seal.--The Board shall have a seal that shall be judicially 
recognized.
    (k) Open Meetings.--
            (1) In general.--Except as provided in paragraph (2), the 
        Board shall be considered an agency for purposes of section 
        552b of title 5, United States Code.
            (2) Nonpublic collaborative discussions.--
                    (A) In general.--Notwithstanding section 552b of 
                title 5, United States Code, a majority of the members 
                may hold a meeting that is not open to public 
                observation to discuss official agency business, if--
                            (i) no formal or informal vote or other 
                        official agency action is taken at the meeting;
                            (ii) each individual present at the meeting 
                        is a member or an employee of the Board;
                            (iii) at least 1 member of the Board from 
                        each political party is present at the meeting, 
                        if applicable;
                            (iv) the General Counsel of the Board is 
                        present at the meeting; and
                            (v) the records of the meeting, including 
                        the names of the individuals in attendance, 
                        time, place, and summary to be as thorough as 
                        the Board determines to be prudent, are posted 
                        publicly and online.
                    (B) Disclosure of nonpublic collaborative 
                discussions.--Except as provided under subparagraphs 
                (C) and (D), not later than 2 business days after the 
                conclusion of a meeting under subparagraph (A), the 
                Board shall make available to the public, in a place 
                easily accessible to the public--
                            (i) a list of the individuals present at 
                        the meeting; and
                            (ii) a summary of the matters, including 
                        key issues, discussed at the meeting, except 
                        for any matter the Board properly determines 
                        may be withheld from the public under section 
                        552b(c) of title 5, United States Code.
                    (C) Summary.--If the Board properly determines a 
                matter may be withheld from the public under section 
                552b(c) of title 5, United States Code, the Board shall 
                provide a summary with as much general information as 
                possible on each matter withheld from the public.
                    (D) Active reviews.--If a discussion under 
                subparagraph (A) directly relates to an active review, 
                the Board shall make the disclosure under subparagraph 
                (B) on the date the Board adopts the final report.
                    (E) Preservation of open meetings requirements for 
                agency action.--Nothing in this paragraph may be 
                construed to limit the applicability of section 552b of 
                title 5, United States Code, with respect to a meeting 
                of the members other than that described in this 
                paragraph.
                    (F) Statutory construction.--Nothing in this 
                paragraph may be construed--
                            (i) to limit the applicability of section 
                        552b of title 5, United States Code, with 
                        respect to any information which is proposed to 
                        be withheld from the public under subparagraph 
                        (B)(ii); or
                            (ii) to authorize the Board to withhold 
                        from any individual any record that is 
                        accessible to that individual under section 
                        552a of title 5, United States Code.

SEC. 8. METHODOLOGY.

    (a) In General.--The Board shall conduct each review, issue each 
recommendation, develop each report, and deliver all technical 
assistance authorized under this Act using the methods that are in 
accordance with relevant professional best practices, including those 
by analogous review organizations, academia, and government and private 
organizations.
    (b) Required Review.--The Board shall--
            (1) review, on a regular basis, the methodologies of the 
        Board; and
            (2) update the methodologies of the Board in accordance 
        with the findings of each review conducted under paragraph (1).
    (c) Requirement.--In establishing the methodologies of the Board 
under this section, the Board shall incorporate all relevant 
information from relevant Federal, State, and local entities, including 
past experience with similar incidents, exercises, risk assessments, 
and all other past research and analysis.
    (d) Transparency.--The Chairperson shall include with each review 
report in which a recommendation is issued by the Board a methodology 
section detailing the process and information underlying the selection 
of each recommendation.
    (e) Elements.--Except as provided in subsection (f), the 
methodology section under subsection (a) shall include, for each 
recommendation--
            (1) a brief summary of the Board's collection and analysis 
        of the specific information most relevant to the 
        recommendation;
            (2) a description of the Board's use of external 
        information, including studies, reports, and experts, other 
        than the findings of a specific review, if any were used to 
        inform or support the recommendation, including a brief summary 
        of the specific resilience benefits and other effects 
        identified by each study, report, or expert; and
            (3) a brief summary of actions, including important 
        examples, taken by regulated entities before the publication of 
        the recommendation, to the extent such actions are known to the 
        Board, that were consistent with the recommendation.
    (f) Savings Clause.--
            (1) In general.--Nothing in this section may be construed--
                    (A) to delay publication of the findings, cause, or 
                probable cause of a Board review;
                    (B) to delay the issuance of an urgent 
                recommendation that the Board has determined must be 
                issued to avoid immediate death, or human or economic 
                injury; or
                    (C) to limit the number of examples the Board may 
                consider before issuing a recommendation.
            (2) Limitation.--Notwithstanding paragraph (1), the Board 
        shall publish the methodology required under this section not 
        later than 30 days after the date on which the review is 
        initially published.

SEC. 9. ADMINISTRATIVE.

    (a) Authority.--
            (1) In general.--The Board, and when authorized by the 
        Board, a member of the Board, an administrative law judge 
        employed by or assigned to the Board, or an officer or employee 
        designated by the Chairperson, may conduct hearings to carry 
        out this Act, administer oaths, and require, by subpoena or 
        otherwise, necessary witnesses and evidence.
            (2) Subpoena authority.--A witness or evidence in a hearing 
        under paragraph (1) of this subsection may be summoned or 
        required to be produced from any place in the United States to 
        the designated place of the hearing. A witness summoned under 
        this subsection is entitled to the same fee and mileage the 
        witness would have been paid in a court of the United States.
            (3) Requirement.--A subpoena shall be issued under the 
        signature of the Chairperson or the Chairperson's designee, but 
        may be served by any person designated by the Chairperson.
            (4) Enforcement.--If a person disobeys a subpoena, order, 
        or inspection notice of the Board, the Board may bring a civil 
        action in a district court of the United States to enforce the 
        subpoena, order, or notice. An action under this paragraph may 
        be brought in the judicial district in which the person against 
        whom the action is brought resides, is found, or does business. 
        The court may punish a failure to obey an order of the court to 
        comply with the subpoena, order, or notice as a contempt of 
        court.
    (b) Additional Powers.--The Board may--
            (1) procure the temporary or intermittent services of 
        experts or consultants under section 3109 of title 5, United 
        States Code;
            (2) make agreements and other transactions necessary to 
        carry out this Act without regard to subsections (b), (c), and 
        (d) of section 6101 of title 41, United States Code;
            (3) use, when appropriate, available services, equipment, 
        personnel, and facilities of a department, agency, or 
        instrumentality of the United States Government on a 
        reimbursable or other basis;
            (4) confer with employees and use services, records, and 
        facilities of State and local governmental authorities;
            (5) appoint advisory committees composed of qualified 
        private citizens and officials of the Government and State and 
        local governments as appropriate;
            (6) accept voluntary and uncompensated services 
        notwithstanding another law;
            (7) make contracts with private entities to carry out 
        studies related to duties and powers of the Board; and
            (8) negotiate and enter into agreements with individuals 
        and private entities and departments, agencies, and 
        instrumentalities of the Federal Government, State, Tribal, and 
        local governments, and governments of foreign countries for the 
        provision of facilities, technical services, or training in 
        research theory and techniques, and require that such entities 
        provide appropriate consideration for the reasonable costs of 
        any facilities, goods, services, or training provided by the 
        Board.
    (c) Collection of Funds.--The Board shall deposit in the Treasury 
of the United States amounts received under subsection (b)(8) of this 
subsection to be credited as offsetting collections to the 
appropriation of the Board. The Board shall maintain an annual record 
of collections received under subsection (b)(8).
    (d) Submission of Certain Copies to Congress.--
            (1) In general.--When the Board submits to the President or 
        the Director of the Office of Management and Budget a budget 
        estimate, budget request, supplemental budget estimate, other 
        budget information, a legislative recommendation, prepared 
        testimony for congressional hearings, or comments on 
        legislation, the Board must submit a copy to Congress at the 
        same time.
            (2) Limitation.--An officer, department, agency, or 
        instrumentality of the Government may not require the Board to 
        submit the estimate, request, information, recommendation, 
        testimony, or comments to another officer, department, agency, 
        or instrumentality of the Government for approval, comment, or 
        review before being submitted to Congress.
            (3) Budget process.--The Board shall develop and approve a 
        process for the Board's review and comment or approval of 
        documents submitted to the President, Director of the Office of 
        Management and Budget, or Congress under this subsection.
    (e) Liaison Committees.--The Chairperson may determine the number 
of committees that are appropriate to maintain effective liaison with 
other departments, agencies, and instrumentalities of the Federal 
Government, State and local governmental authorities, and independent 
standard-setting authorities that carry out programs and activities 
related to its work. The Board may designate representatives to serve 
on or assist those committees.
    (f) Inquiries.--The Board, or an officer or employee of the Board 
designated by the Chairperson, may conduct an inquiry to obtain 
information related to natural hazard and public health safety after 
publishing notice of the inquiry in the Federal Register. The Board or 
designated officer or employee may require by order a department, 
agency, or instrumentality of the Federal Government, a State, Tribal, 
or local governmental authority, or a person transporting individuals 
or property in commerce to submit to the Board a written report and 
answers to requests and questions related to a duty or power of the 
Board. The Board may prescribe the time within which the report and 
answers must be given to the Board or to the designated officer or 
employee. Copies of the report and answers shall be made available for 
public inspection.
    (g) Regulations.--The Board may prescribe regulations to carry out 
this Act.
    (h) Overtime Pay.--
            (1) In general.--Subject to the requirements of this 
        section and notwithstanding paragraphs (1) and (2) of section 
        5542(a) of title 5, United States Code, for an employee of the 
        Board whose basic pay is at a rate which equals or exceeds the 
        minimum rate of basic pay for GS-10 of the General Schedule, 
        the Board may establish an overtime hourly rate of pay for the 
        employee with respect to work performed in the field (including 
        travel to or from) and other work that is critical to a review 
        in an amount equal to one and one-half times the hourly rate of 
        basic pay of the employee. All of such amount shall be 
        considered to be premium pay.
            (2) Limitation on overtime pay to an employee.--An employee 
        of the Board may not receive overtime pay under paragraph (1), 
        for work performed in a calendar year, in an amount that 
        exceeds 25 percent of the annual rate of basic pay of the 
        employee for such calendar year.
            (3) Basic pay defined.--In this subsection, the term 
        ``basic pay'' includes any applicable locality-based 
        comparability payment under section 5304 of title 5, United 
        States Code (or similar provision of law) and any special rate 
        of pay under section 5305 of such title 5 (or similar provision 
        of law).
            (4) Annual report.--Not later than January 31, 2022, and 
        annually thereafter, the Board shall transmit to Congress a 
        report identifying the total amount of overtime payments made 
        under this subsection in the preceding fiscal year, and the 
        number of employees whose overtime pay under this subsection 
        was limited in that fiscal year as a result of the 25 percent 
        limit established by paragraph (2).
    (i) Entry and Inspection.--
            (1) In general.--An officer or employee of the Board--
                    (A) on display of appropriate credentials and 
                written notice of authority, may--
                            (i) enter an area where an incident has 
                        occurred;
                            (ii) take such actions as are necessary to 
                        conduct a review under this section, so long as 
                        the actions do not interfere with ongoing 
                        lifesaving and life-sustaining operations; and
                            (iii) during reasonable hours, inspect any 
                        record, including an electronic record, 
                        process, control, or facility related to an 
                        incident under this Act.
            (2) Requirement.--The Board shall use utmost discretion to 
        prevent interference with ongoing response efforts, including 
        by developing review procedures with input from relevant 
        authorities nationwide.

SEC. 10. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.

    (a) Disclosure of Information.--
            (1) In general.--Except as provided in subsections (b), 
        (c), (d), and (f) of this section, a copy of a record, 
        information, or review submitted or received by the National 
        Disaster Safety Board, or a member or employee of the Board, 
        shall be posted publicly.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to require the release of information described in 
        section 552(b) of title 5, United States Code, or protected 
        from disclosure by another law of the United States.
    (b) Trade Secrets.--
            (1) In general.--The Board may disclose information related 
        to a trade secret referred to in section 1905 of title 18, 
        United States Code, only--
                    (A) to another department, agency, or 
                instrumentality of the United States Government when 
                requested for official use;
                    (B) to a committee of Congress having jurisdiction 
                over the subject matter to which the information is 
                related, when requested by that committee;
                    (C) in a judicial proceeding under a court order 
                that preserves the confidentiality of the information 
                without impairing the proceeding; and
                    (D) to the public to protect health and safety 
                after giving notice to any interested person to whom 
                the information is related and an opportunity for that 
                person to comment in writing, or orally in closed 
                session, on the proposed disclosure, if the delay 
                resulting from notice and opportunity for comment would 
                not be detrimental to health and safety.
            (2) Requirement.--Information disclosed under paragraph (1) 
        of this subsection may be disclosed only in a way designed to 
        preserve its confidentiality.
            (3) Protection of voluntary submission of information.--
        Notwithstanding any other provision of law, neither the Board, 
        nor any agency receiving information from the Board, shall 
        disclose voluntarily provided safety-related information if 
        that information is not related to the exercise of the Board's 
        review authority under this Act and if the Board finds that the 
        disclosure of the information would inhibit the voluntary 
        provision of that type of information.
    (c) Recordings and Transcripts.--
            (1) Confidentiality of recordings.--Except as provided in 
        paragraph (2), the Board may not disclose publicly any part of 
        an original recording or transcript of oral communications or 
        original and contemporary written communications between 
        Federal, State, Tribal, or local officials responding to an 
        incident under review by the Board.
            (2) Exception.--Subject to subsections (b) and (g), the 
        Board shall make public any part of a transcript, any written 
        depiction of visual information obtained from an audio or video 
        recording, or any still image obtained from a recording the 
        Board decides is relevant to the incident--
                    (A) if the Board holds a public hearing on the 
                incident at the time of the hearing; or
                    (B) if the Board does not hold a public hearing, at 
                the time a majority of the other factual reports on the 
                incident are placed in the public docket.
            (3) References to information in making safety 
        recommendations.--This subsection does not prevent the Board 
        from referring at any time to recorded or written information 
        in making safety recommendations.
    (d) Foreign Reviews.--
            (1) In general.--Notwithstanding any other provision of 
        law, neither the Board, nor any agency receiving information 
        from the Board, shall disclose records or information relating 
        to its participation in foreign incident review, except that--
                    (A) the Board shall release records pertaining to 
                such a review when the country conducting the review 
                issues its final report or 2 years following the date 
                of the incident, whichever occurs first; and
                    (B) the Board may disclose records and information 
                when authorized to do so by the country conducting the 
                review.
            (2) Safety recommendations.--Nothing in this subsection 
        shall restrict the Board at any time from referring to foreign 
        review information in making safety recommendations.
    (e) Privacy Protections.--Before making public any still image 
obtained from a video recorder under subsection (c)(2) or subsection 
(d)(2), the Board shall take such action as appropriate to protect from 
public disclosure any information that readily identifies an 
individual, including a decedent.

SEC. 11. TRAINING.

    (a) Use of Training Facilities.--The Board may use, on a 
reimbursable basis, the services of any training facility in the 
Federal Government, including those operated by the Department of 
Homeland Security, Department of Health and Human Services, and 
Department of Commerce. The responsible department or agency shall make 
such training facility and any relevant training course available to--
            (1) the Board for safety training of employees of the Board 
        in carrying out their duties and powers; and
            (2) other relevant personnel of the United States 
        Government, State and local governments, governments of foreign 
        countries, interstate authorities, and private organizations 
        the Board designates in consultation with the relevant 
        departments and agencies.
    (b) Fees.--Training shall be provided at a reasonable fee 
established periodically by the Board in consultation with the relevant 
departments and agencies. The fee shall be paid directly to the 
relevant departments and agencies, and shall be deposited in the 
Treasury.
    (c) Training of Board Employees and Others.--The Board may conduct 
training of its employees in those subjects necessary for proper 
performance. The Board may also authorize attendance at courses given 
under this subsection by other government personnel, personnel of 
foreign governments, and personnel from industry or otherwise who have 
a requirement for training. The Board may require non-Board personnel 
to reimburse some or all of the training costs, and amounts so 
reimbursed shall be credited to the appropriation of the Board as 
offsetting collections.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated, to remain 
available until expended, for the purposes of this Act--
            (1) $25,000,000 for fiscal year 2021;
            (2) $40,000,000 for fiscal year 2022;
            (3) $50,000,000 for fiscal year 2023; and
            (4) $60,000,000 for fiscal year 2024.
    (b) Emergency Fund.--
            (1) In general.--There shall be established in the Treasury 
        of the United States an Emergency Fund for the Board, which 
        shall be available to the Board for necessary expenses of the 
        Board, not otherwise provided for, for reviews.
            (2) Appropriations.--There shall be appropriated, out of 
        amounts in the Treasury not otherwise appropriated, to the 
        Emergency Fund--
                    (A) $2,000,000 for fiscal year 2021;
                    (B) such sums as are necessary to maintain the 
                Emergency Fund at a level not to exceed $4,000,000 for 
                each fiscal year thereafter; and
                    (C) such other sums as Congress determines 
                necessary.
    (c) Fees, Refunds, and Reimbursements.--
            (1) In general.--The Board may impose and collect such 
        fees, refunds, and reimbursements as it determines to be 
        appropriate for services provided by or through the Board.
            (2) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, United States Code, 
        any fee, refund, or reimbursement collected under this 
        subsection--
                    (A) shall be credited as offsetting collections to 
                the account that finances the activities and services 
                for which the fee is imposed or with which the refund 
                or reimbursement is associated;
                    (B) shall be available for expenditure only to pay 
                the costs of activities and services for which the fee 
                is imposed or with which the refund or reimbursement is 
                associated; and
                    (C) shall remain available until expended.
            (3) Refunds.--The Board may refund any fee paid by mistake 
        or any amount paid in excess of that required.

SEC. 13. AUTHORITY OF THE INSPECTOR GENERAL.

    (a) In General.--The Inspector General of the Department of 
Homeland Security, in accordance with the mission of the Inspector 
General to prevent and detect fraud and abuse, shall have authority to 
review only the financial management, property management, and business 
operations of the Board, including internal accounting and 
administrative control systems, to determine compliance with applicable 
Federal laws, rules, and regulations.
    (b) Duties.--In carrying out this section, the Inspector General 
shall--
            (1) keep the Chairperson of the Board and Congress fully 
        and currently informed about problems relating to 
        administration of the internal accounting and administrative 
        control systems of the Board;
            (2) issue findings and recommendations for actions to 
        address such problems; and
            (3) report periodically to Congress on any progress made in 
        implementing actions to address such problems.
    (c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the Inspector 
General under subsections (a) and (b) of section 6 of the Inspector 
General Act of 1978 (5 U.S.C. App.).
    (d) Authorizations of Appropriations.--
            (1) Funding.--There are authorized to be appropriated to 
        the Secretary of Homeland Security for use by the Inspector 
        General of the Department of Homeland Security such sums as may 
        be necessary to cover expenses associated with activities 
        pursuant to the authority exercised under this section.
            (2) Reimbursable agreement.--In the absence of an 
        appropriation under this subsection for an expense referred to 
        in paragraph (1), the Inspector General and the Board shall 
        have a reimbursable agreement to cover such expense.

SEC. 14. EVALUATION AND AUDIT OF NATIONAL DISASTER SAFETY BOARD.

    (a) In General.--As determined necessary by the Comptroller General 
of the United States or the appropriate congressional committees, but 
not less frequently than once every 2 years, the Comptroller General of 
the United States shall evaluate and audit the programs and 
expenditures of the Board in order to promote economy, efficiency, and 
effectiveness in the administration of the programs, operations, and 
activities of the Board.
    (b) Responsibility of Comptroller General.--In carrying out 
subsection (a), the Comptroller General of the United States shall 
evaluate and audit the programs, operations, and activities of the 
Board, including--
            (1) information management and security, including privacy 
        protection of personally identifiable information;
            (2) the resource levels of the Board and management of such 
        resources relative to the mission of the Board;
            (3) workforce development;
            (4) procurement and contracting planning, practices and 
        policies;
            (5) the process and procedures to select an incident to 
        review;
            (6) the extent to which the Board follows leading practices 
        in selected management areas;
            (7) the extent to which the Board addresses management 
        challenges in completing reviews;
            (8) the extent to which the evaluation, review, and 
        recommendation-issuing methodologies of the Board are 
        consistent with established best practice, as determined by the 
        Comptroller General; and
            (9) an impact evaluation of the work of the Board, using 
        the purposes and intent described in this Act and by the Board, 
        against the realized results of the Board, according to a 
        methodology determined by the Comptroller General, conducted in 
        a manner that is not overly disruptive to the work of the 
        Board.
                                 <all>
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