IB 

Union Calendar No. 416 

111TH CONGRESS 

2D SESSION H. R. 1174 

[Report No. 111–459, Part I] 

To establish the Federal Emergency Management Agency as a cabinet-level 

independent agency in the executive branch, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2009 

Mr. OBERSTAR (for himself, Mr. MICA, Ms. NORTON, and Mr. MARIO DIAZBALART of Florida) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

APRIL 13, 2010 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 13, 2010 

Referral to the Committee on Homeland Security extended for a period ending 

not later than September 30, 2010 

SEPTEMBER 30, 2010 

Referral to the Committee on Homeland Security extended for a period ending 

not later than December 3, 2010 

DECEMBER 3, 2010 

Referral to the Committee on Homeland Security extended for a period ending 

not later than December 17, 2010 

DECEMBER 17, 2010 

Referral to the Committee on Homeland Security extended for a period ending 

not later than December 21, 2010 


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DECEMBER 21, 2010 

Referral to the Committee on Homeland Security extended for a period ending 

not later than December 22, 2010 

DECEMBER 22, 2010 

Additional sponsors: Ms. BORDALLO, Mr. TAYLOR, Mr. CAO, Ms. MARKEY of 

Colorado, Mr. SCHAUER, Mr. MCMAHON, Mr. FILNER, Mr. PETERSON, 

Mrs. MYRICK, Mr. COHEN, Ms. CORRINE BROWN of Florida, Mr. 

COSTELLO, Mr. BOSWELL, Ms. KAPTUR, Mr. YOUNG of Alaska, Mr. RAHALL, Mr. DINGELL, Mr. CLYBURN, Mr. JACKSON of Illinois, Mr. 

HASTINGS of Florida, Mr. CARNAHAN, Mr. POE of Texas, Mr. 

MELANCON, Mr. LIPINSKI, Mrs. CAPITO, and Mr. PIERLUISI

DECEMBER 22, 2010 

The Committee on Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on February 25, 2009] 

A BILL 

To establish the Federal Emergency Management Agency 

as a cabinet-level independent agency in the executive 

branch, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘FEMA Independence Act of 2009’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ESTABLISHMENT OF FEDERAL EMERGENCY 

MANAGEMENT AGENCY 

Sec. 101. Establishment of independent agency. 

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

Sec. 103. Authority and responsibilities. 

Sec. 104. Office of the Inspector General. 

Sec. 105. Transfer of functions. 

Sec. 106. Personnel and other transfers. 

Sec. 107. Savings provisions. 

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

Sec. 109. Homeland security grants. 

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

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

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

Sec. 113. Changes to administrative documents. 

Sec. 114. Recommended legislation. 

TITLE II—RELATED MATTERS 

Sec. 201. National Advisory Council. 

Sec. 202. National Integration Center. 

Sec. 203. Credentialing and typing. 

Sec. 204. Disability coordinator. 

Sec. 205. Nuclear incident response. 

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

7 SEC. 2. DEFINITIONS. 

8 In this Act, the following definitions apply: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal 

11 Emergency Management Agency appointed under sec12 tion 102. 


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1 (2) AGENCY.—The term ‘‘Agency’’ means the 

2 Federal Emergency Management Agency established 

3 under section 101. 

4 (3) EMERGENCY.—The term ‘‘emergency’’ has the 

5 meaning given that term in section 102 of the Robert 

6 T. Stafford Disaster Relief and Emergency Assistance 

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

8 (4) EMERGENCY MANAGEMENT.—The term 

9 ‘‘emergency management’’ means preparedness for, re10 sponse to, recovery from, and mitigating hazards. 

11 (5) HAZARD.—The term ‘‘hazard’’ has the mean12 ing given that term in section 602(b) of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5196(b)) and includes any major dis15 aster or emergency. 

16 (6) MAJOR DISASTER.—The term ‘‘major dis17 aster’’ has the meaning given that term in section 102 

18 of the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5122). 


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1 TITLE I—ESTABLISHMENT OF 

2 FEDERAL EMERGENCY MAN3 AGEMENT AGENCY 

4 SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY. 

5 (a) IN GENERAL.—The Federal Emergency Manage6 ment Agency is established as a cabinet-level independent 

7 establishment in the executive branch. 

8 (b) MISSION.—The primary mission of the Agency 

9 shall be to reduce the loss of life and property and protect 

10 the Nation from hazards by leading and supporting the Na11 tion in a comprehensive emergency management system of 

12 preparedness, response, recovery, and mitigation. 

13 SEC. 102. ADMINISTRATOR; DEPUTY ADMINISTRATOR; AND 

14 OTHER OFFICIALS OF THE AGENCY. 

15 (a) ADMINISTRATOR.— 

16 (1) IN GENERAL.—The Agency shall be headed by 

17 an Administrator, who shall be appointed by the 

18 President, by and with the advice and consent of the 

19 Senate, and who shall report directly to the President. 

20 (2) QUALIFICATIONS.—The Administrator shall 

21 be appointed from among individuals who have exten22 sive experience in emergency preparedness, response, 

23 recovery, and mitigating hazards. 

24 (3) EXECUTIVE SCHEDULE.—Title 5, United 

25 States Code, is amended— 


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1 (A) in section 5312 by adding at the end 

2 the following: 

3 ‘‘Administrator of the Federal Emergency Manage4 ment Agency.’’; and 

5 (B) in section 5313 by striking the item re6 lating to ‘‘Administrator of the Federal Emer7 gency Management Agency’’. 

8 (b) DEPUTY ADMINISTRATOR.— 

9 (1) IN GENERAL.—The Agency shall have one 

10 Deputy Administrator, who shall be appointed by the 

11 President, by and with the advice and consent of the 

12 Senate. The Deputy Administrator shall carry out 

13 duties and powers prescribed by the Administrator 

14 and act for the Administrator when the Adminis15 trator is absent or unable to serve or when the posi16 tion of the Administrator is vacant. 

17 (2) QUALIFICATIONS.—The Deputy Adminis18 trator shall be appointed from among individuals 

19 who have extensive experience in emergency prepared20 ness, response, recovery, and mitigating hazards. 

21 (3) EXECUTIVE SCHEDULE.—Section 5314 of 

22 title 5, United States Code, is amended by striking 

23 the item relating to ‘‘Deputy Administrators, Federal 

24 Emergency Management Agency’’ and inserting the 

25 following: 


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1 ‘‘Deputy Administrator, Federal Emergency Manage2 ment Agency.’’. 

3 (c) ASSISTANT ADMINISTRATORS.— 

4 (1) IN GENERAL.—The Agency shall have one or 

5 more Assistant Administrators, who shall be ap6 pointed by the Administrator, and whose duties shall 

7 be determined by the Administrator. 

8 (2) QUALIFICATIONS.—Each Assistant Adminis9 trator shall be appointed from among individuals 

10 who have a demonstrated ability in and knowledge of 

11 emergency management or other field relevant to their 

12 position. 

13 (d) REGIONAL OFFICES.— 

14 (1) IN GENERAL.—There shall be in the Agency 

15 10 Regional Offices, as identified by the Adminis16 trator. 

17 (2) REGIONAL ADMINISTRATORS.— 

18 (A) IN GENERAL.—Each Regional Office 

19 shall be headed by a Regional Administrator 

20 who shall be appointed by the Administrator. 

21 (B) QUALIFICATIONS.— 

22 (i) IN GENERAL.—Each Regional Ad23 ministrator shall be appointed from among 

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1 ity in and knowledge of emergency manage2 ment. 

3 (ii) CONSIDERATIONS.—In selecting an 

4 individual to serve as a Regional Adminis5 trator for a Regional Office, the Adminis6 trator shall consider the familiarity of the 

7 individual with the geographical area and 

8 demographic characteristics of the popu9 lation served by the Regional Office. 

10 (3) REGIONAL ADVISORY COUNCILS.— 

11 (A) ESTABLISHMENT.—Each Regional Ad12 ministrator shall establish a Regional Advisory 

13 Council. 

14 (B) NOMINATIONS.—A State, local, or tribal 

15 government located within the geographic area 

16 served by the Regional Office may nominate offi17 cials, including Adjutants General and emer18 gency managers, to serve as members of the Re19 gional Advisory Council for that region. 

20 (C) RESPONSIBILITIES.—Each Regional 

21 Advisory Council shall— 

22 (i) advise the Regional Administrator 

23 on emergency management issues specific to 

24 that region; 


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1 (ii) identify any geographic, demo2 graphic, or other characteristics peculiar to 

3 any State, local, or tribal government with4 in the region that might make preparedness, 

5 response, recovery, or mitigation more com6 plicated or difficult; and 

7 (iii) advise the Regional Administrator 

8 of any weakness or deficiency in prepared9 ness, response, recovery, or mitigation for 

10 any State, local, or tribal government with11 in the region of which the Regional Advi12 sory Council is aware. 

13 (e) AREA OFFICES.—There shall be an Area Office for 

14 the Pacific, an Area Office for the Caribbean, and an Area 

15 Office in Alaska, as components in the appropriate Re16 gional Offices. 

17 SEC. 103. AUTHORITY AND RESPONSIBILITIES. 

18 (a) IN GENERAL.—The Administrator shall provide 

19 the Federal leadership necessary to prepare for, respond to, 

20 recover from, and mitigate hazards. 

21 (b) STAFFORD ACT.—The Administrator shall assist 

22 the President in carrying out the functions under the Robert 

23 T. Stafford Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5121 et seq.) and carrying out all functions and 

25 authorities given to the Administrator under that Act. 


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1 (c) MISSION.—The responsibilities of the Adminis2 trator shall include carrying out the mission of the Agency 

3 by leading and supporting the Nation in a comprehensive 

4 emergency management system of— 

5 (1) mitigation, by taking sustained actions to re6 duce or eliminate long-term risks to people and prop7 erty from hazards and their effects; 

8 (2) preparedness, by planning, training, con9 ducting exercises, and building the emergency man10 agement profession to prepare effectively for miti11 gating, responding to, and recovering from any haz12 ard; 

13 (3) response, by conducting emergency operations 

14 to save lives and property through positioning emer15 gency equipment, personnel, and supplies, through 

16 evacuating potential victims, through providing food, 

17 water, shelter, and medical care to those in need, and 

18 through restoring critical public services; and 

19 (4) recovery, by rebuilding communities so indi20 viduals, businesses, and governments can function on 

21 their own, return to normal life, and protect against 

22 future hazards. 

23 (d) RESPONSE DUTIES.—In carrying out subsection 

24 (c)(3), the Administrator, at a minimum, shall— 


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1 (1) help to ensure the effectiveness of emergency 

2 response providers in responding to a hazard; 

3 (2) coordinate and provide the Federal Govern4 ment’s response to hazards; 

5 (3) build a comprehensive national incident 

6 management system with Federal, State, and local 

7 government personnel, agencies, and authorities to re8 spond to hazards; 

9 (4) consolidate existing Federal Government 

10 emergency response plans into a single, coordinated 

11 plan to be known as the National Response Plan; 

12 (5) administer and ensure the implementation of 

13 the National Response Plan, including coordinating 

14 and ensuring the readiness of each emergency support 

15 function under the National Response Plan; and 

16 (6) help ensure the acquisition of operable and 

17 interoperable communications capabilities by Federal, 

18 State, local, and tribal governments and emergency 

19 response providers. 

20 (e) CONTINUITY OF GOVERNMENT.—The Adminis21 trator shall prepare and implement the plans and programs 

22 of the Federal Government for— 

23 (1) continuity of operations; 

24 (2) continuity of Government; and 

25 (3) continuity of plans. 


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1 (f) OTHER DUTIES.—The Administrator shall— 

2 (1) coordinate the National Advisory Council au3 thorized by this Act; 

4 (2) maintain and operate within the Agency the 

5 National Response Coordination Center (or its suc6 cessor); 

7 (3) develop and maintain a national emergency 

8 management system that is capable of preparing for, 

9 responding to, recovering from, and mitigating haz10 ards of all magnitudes, including catastrophic disas11 ters; and 

12 (4) supervise grant programs administered by 

13 the Agency. 

14 (g) ALL-HAZARDS APPROACH.—In carrying out the re15 sponsibilities under this section, the Administrator shall co16 ordinate the implementation of an all-hazards strategy that 

17 builds those common capabilities necessary to prepare for, 

18 respond to, recover from, and mitigate hazards. 

19 SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 

20 The Agency shall have an Office of the Inspector Gen21 eral, headed by an Inspector General, in accordance with 

22 the Inspector General Act of 1978 (Public Law 95–452; 5 

23 U.S.C. App.). 


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1 SEC. 105. TRANSFER OF FUNCTIONS. 

2 (a) IN GENERAL.—Except as provided by subsection 

3 (c), there shall be transferred to the Administrator the fol4 lowing: 

5 (1) All functions of the Federal Emergency Man6 agement Agency, as constituted on January 1, 2009, 

7 including continuity of operations and continuity of 

8 Government plans and programs. 

9 (2) The functions relating to the Agency under 

10 the Robert T. Stafford Disaster Relief and Emergency 

11 Assistance Act (42 U.S.C. 5121 et seq.) and other 

12 laws, including— 

13 (A) the National Flood Insurance Act of 

14 1968 (42 U.S.C. 4001 et seq.); 

15 (B) the Earthquake Hazards Reduction Act 

16 of 1977 (42 U.S.C. 7701 et seq.); 

17 (C) the National Dam Safety Program Act 

18 (33 U.S.C. 467 et seq.); 

19 (D) the Federal Fire Prevention and Con20 trol Act of 1974 (15 U.S.C. 2201 et seq.); 

21 (E) Reorganization Plan No. 3 of 1978 (5 

22 U.S.C. App.); 

23 (F) section 612 of the Security and Ac24 countability For Every Port Act of 2006 (6 

25 U.S.C. 314a); and 


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1 (G) title III of the McKinney-Vento Home2 less Assistance Act (42 U.S.C. 11331 et seq.). 

3 (3) Any function to be transferred to the Agency 

4 under the Post-Katrina Emergency Management Re5 form Act of 2006 (103 Stat. 1394), including the 

6 amendments made by that Act, even if the transfer 

7 has not taken place as of January 1, 2009. 

8 (b) INSPECTOR GENERAL.—There shall be transferred 

9 to the Inspector General of the Federal Emergency Manage10 ment Agency all of the functions relating to the Inspector 

11 General that were transferred from the Federal Emergency 

12 Management Agency to the Department of Homeland Secu13 rity on or after January 1, 2003. 

14 (c) EXCEPTIONS.—The following programs shall not be 

15 affected by this Act and shall remain within the Depart16 ment of Homeland Security: 

17 (1) The grant programs authorized by sections 

18 1406, 1513, and 1532 of the Implementing Rec19 ommendations of the 9/11 Commission Act (6 U.S.C. 

20 1135, 1163, and 1182). 

21 (2) The grant program authorized by section 

22 70107 of title 46, United States Code. 

23 (3) Programs authorized by sections 2003 and 

24 2004 of the Homeland Security Act of 2002 (6 U.S.C. 

25 604 and 605), as amended by this Act. 


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1 (4) The trucking security grant program (Public 

2 Law 110–329; 122 Stat. 3671). 

3 (5) The buffer zone protection program (Public 

4 Law 110–329; 122 Stat. 3672). 

5 (6) The commercial equipment direct assistance 

6 program (Public Law 110–329; 122 Stat. 3672). 

7 (d) UNITED STATES FIRE ADMINISTRATOR; FEDERAL

8 INSURANCE ADMINISTRATOR.—Nothing in this Act shall be 

9 construed to affect the appointment of the United States 

10 Fire Administrator under section 5(b) of the Fire Preven11 tion and Control Act of 1974 (15 U.S.C. 2204(b)) or the 

12 Federal Insurance Administrator under section 1105(a) of 

13 the Housing and Urban Development Act of 1968 (42 

14 U.S.C. 4129). 

15 (e) TRANSITION PERIOD.—The transfers under this 

16 section shall be carried out not later than 120 days fol17 lowing the date of enactment of this Act. During the transi18 tion period, the Secretary of Homeland Security shall pro19 vide to the Administrator such assistance, including the use 

20 of personnel and assets, as the Administrator may request 

21 in preparing for the transfer. 

22 (f) TRANSITION.—The Administrator may use— 

23 (1) the services of such officers, employees, and 

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1 rity with respect to functions transferred by this sec2 tion; and 

3 (2) funds appropriated to such functions for such 

4 period of time as may reasonably be needed to facili5 tate the orderly implementation of this section. 

6 (g) LIAISON OFFICE TO ENSURE COORDINATION WITH

7 DEPARTMENT OF HOMELAND SECURITY.—The Adminis8 trator shall establish a liaison office within the Agency to 

9 ensure adequate coordination with the Department of 

10 Homeland Security. 

11 SEC. 106. PERSONNEL AND OTHER TRANSFERS. 

12 (a) PERSONNEL PROVISIONS.— 

13 (1) APPOINTMENTS.—The Administrator may 

14 appoint and fix the compensation of such officers and 

15 employees, including investigators, attorneys, and ad16 ministrative law judges, as may be necessary to carry 

17 out the respective functions transferred under section 

18 105. Except as otherwise provided by law, such offi19 cers and employees shall be appointed in accordance 

20 with the civil service laws and their compensation 

21 fixed in accordance with title 5, United States Code. 

22 (2) EXPERTS AND CONSULTANTS.—The Adminis23 trator may obtain the services of experts and consult24 ants in accordance with section 3109 of title 5, 

25 United States Code, and compensate such experts and 


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1 consultants for each day (including travel time) dur2 ing which they are engaged in the actual performance 

3 of such services at rates not in excess of the rate of 

4 pay for level IV of the Executive Schedule under sec5 tion 5315 of such title. The Administrator may pay 

6 experts and consultants who are serving away from 

7 their homes or regular place of business, travel ex8 penses and per diem in lieu of subsistence at rates au9 thorized by sections 5702 and 5703 of such title for 

10 persons in Government service employed intermit11 tently. 

12 (b) DELEGATION AND ASSIGNMENT.—Except where 

13 otherwise expressly prohibited by law or otherwise provided 

14 by this title, the Administrator may delegate any of the 

15 functions transferred to the Administrator by section 105 

16 and any function transferred or granted to the Adminis17 trator after the date of the transfers by section 105 to such 

18 officers and employees of the Agency as the Administrator 

19 may designate and may authorize successive redelegations 

20 of such functions as may be necessary or appropriate. No 

21 delegation of functions by the Administrator under this sub22 section or under any other provision of this title shall re23 lieve the Administrator of responsibility for the administra24 tion of such functions. 


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1 (c) REORGANIZATION.—The Administrator may allo2 cate or reallocate any function transferred under section 

3 105 among the officers of the Agency, and may establish, 

4 consolidate, alter, or discontinue such organizational enti5 ties in the Agency as may be necessary or appropriate if 

6 the Administrator, on or before the 30th day preceding the 

7 date of the allocation or reallocation, provides to Congress 

8 written notice of the allocation or reallocation. 

9 (d) RULES.—The Administrator may prescribe, in ac10 cordance with the provisions of chapters 5 and 6 of title 

11 5, United States Code, such rules and regulations as the 

12 Administrator determines necessary or appropriate to ad13 minister and manage the functions of the Agency. 

14 (e) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

15 AND PERSONNEL.—Except as otherwise provided in this 

16 title, the personnel employed in connection with, and the 

17 assets, liabilities, contracts, property, records, and unex18 pended balances of appropriations, authorizations, alloca19 tions, and other funds employed, used, held, arising from, 

20 available to, or to be made available in connection with 

21 the functions transferred by section 105, subject to section 

22 1531 of title 31, United States Code, shall be transferred 

23 to the Agency. Unexpended funds transferred pursuant to 

24 this subsection shall be used only for the purposes for which 

25 the funds were originally authorized and appropriated. 


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1 (f) INCIDENTAL TRANSFERS.—The Director of the Of2 fice of Management and Budget, in consultation with the 

3 Administrator, may make such determinations as may be 

4 necessary with regard to the functions transferred by section 

5 105, and may make such additional incidental dispositions 

6 of personnel, assets, liabilities, grants, contracts, property, 

7 records, and unexpended balances of appropriations, au8 thorizations, allocations, and other funds held, used, arising 

9 from, available to, or to be made available in connection 

10 with such functions, as may be necessary to carry out the 

11 provisions of this title. The Director of the Office of Manage12 ment and Budget shall provide for the termination of the 

13 affairs of all entities terminated by this title and for such 

14 further measures and dispositions as may be necessary to 

15 effectuate the purposes of this title. 

16 (g) EFFECT ON PERSONNEL.— 

17 (1) IN GENERAL.—Except as otherwise provided 

18 by this title, the transfer pursuant to this title of full19 time personnel (except special Government employees) 

20 and part-time personnel holding permanent positions 

21 shall not cause any such employee to be separated or 

22 reduced in grade or compensation for one year after 

23 the date of transfer of such employee under this title. 

24 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

25 as otherwise provided in this title, any person who, 


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1 on the day preceding the date of the transfers of func2 tions under section 105, held a position compensated 

3 in accordance with the Executive Schedule prescribed 

4 in chapter 53 of title 5, United States Code, and who, 

5 without a break in service, is appointed in the Agency 

6 to a position having duties comparable to the duties 

7 performed immediately preceding such appointment 

8 shall continue to be compensated in such new position 

9 at not less than the rate provided for such previous 

10 position, for the duration of the service of such person 

11 in such new position. 

12 SEC. 107. SAVINGS PROVISIONS. 

13 (a) SAVINGS PROVISIONS.— 

14 (1) CONTINUING EFFECT OF LEGAL DOCU15 MENTS.—All orders, determinations, rules, regula16 tions, permits, agreements, grants, contracts, certifi17 cates, licenses, registrations, privileges, and other ad18 ministrative actions— 

19 (A) which have been issued, made, granted, 

20 or allowed to become effective by the President, 

21 any Federal agency or official thereof, or by a 

22 court of competent jurisdiction, in the perform23 ance of functions that are transferred under sec24 tion 105; and 


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1 (B) which are in effect on the date of the 

2 transfers of functions under section 105, or were 

3 final before such date and are to become effective 

4 on or after such date, shall continue in effect ac5 cording to their terms until modified, termi6 nated, superseded, set aside, or revoked in ac7 cordance with law by the President, the Admin8 istrator, or other authorized official, a court of 

9 competent jurisdiction, or by operation of law. 

10 (2) PROCEEDINGS NOT AFFECTED.—The provi11 sions of this title shall not affect any proceedings, in12 cluding notices of proposed rulemaking, or any appli13 cation for any license, permit, certificate, or financial 

14 assistance pending before the Agency on the date of 

15 the transfers of functions under section 105, with re16 spect to functions transferred by section 105, but such 

17 proceedings and applications shall continue. Orders 

18 shall be issued in such proceedings, appeals shall be 

19 taken therefrom, and payments shall be made pursu20 ant to such orders, as if this title had not been en21 acted, and orders issued in any such proceedings shall 

22 continue in effect until modified, terminated, super23 seded, or revoked by a duly authorized official, by a 

24 court of competent jurisdiction, or by operation of 

25 law. Nothing in this paragraph shall be deemed to 


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1 prohibit the discontinuance or modification of any 

2 such proceeding under the same terms and conditions 

3 and to the same extent that such proceeding could 

4 have been discontinued or modified if this title had 

5 not been enacted. 

6 (3) SUITS NOT AFFECTED.—The provisions of 

7 this title shall not affect suits commenced before the 

8 date of the transfers of functions under section 105, 

9 and in all such suits, proceedings shall be had, ap10 peals taken, and judgments rendered in the same 

11 manner and with the same effect as if this title had 

12 not been enacted. 

13 (4) NONABATEMENT OF ACTIONS.—No suit, ac14 tion, or other proceeding commenced by or against the 

15 Agency, or by or against any individual in the offi16 cial capacity of such individual as an officer of the 

17 Agency, shall abate by reason of the enactment of this 

18 title. 

19 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO20 MULGATION OF REGULATIONS.—Any administrative 

21 action relating to the preparation or promulgation of 

22 a regulation by the Agency relating to a function 

23 transferred under section 105 may be continued by 

24 the Agency with the same effect as if this title had not 

25 been enacted. 


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1 (b) REFERENCES.—Any reference in any other Federal 

2 law, Executive order, rule, regulation, or delegation of au3 thority, or any document of or pertaining to a department, 

4 agency, or office from which a function is transferred by 

5 section 105— 

6 (1) to the head of such department, agency, or of7 fice is deemed to refer to the head of the department, 

8 agency, or office to which such function is transferred; 

9 or 

10 (2) to such department, agency, or office is 

11 deemed to refer to the department, agency, or office to 

12 which such function is transferred. 

13 SEC. 108. OFFICES AND FUNCTIONS OF DEPARTMENT OF 

14 HOMELAND SECURITY. 

15 (a) EVACUATION PLANS AND EXERCISES.—Section 

16 512(c) of the Homeland Security Act of 2002 (6 U.S.C. 

17 321a(c)) is amended by striking ‘‘Administrator’’ each 

18 place it appears and inserting ‘‘Secretary’’. 

19 (b) ASSISTANT SECRETARY FOR CYBERSECURITY AND

20 COMMUNICATIONS; NATIONAL OPERATIONS CENTER.—Sec21 tions 514 and 515 of such Act (6 U.S.C. 321c and 321d) 

22 are amended to read as follows: 


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1 ‘‘SEC. 514. ASSISTANT SECRETARY FOR CYBERSECURITY 

2 AND COMMUNICATIONS. 

3 ‘‘There is in the Department an Assistant Secretary 

4 for Cybersecurity and Communications. 

5 ‘‘SEC. 515. NATIONAL OPERATIONS CENTER. 

6 ‘‘(a) DEFINITION.—In this section, the term ‘situa7 tional awareness’ means information gathered from a vari8 ety of sources that, when communicated to emergency man9 agers and homeland security decisionmakers, can form the 

10 basis for homeland security decisionmaking. 

11 ‘‘(b) ESTABLISHMENT.—The National Operations Cen12 ter is the principal operations center for the Department 

13 and shall— 

14 ‘‘(1) provide situational awareness and a com15 mon operating picture for the entire Federal Govern16 ment, and for State, local, and tribal governments as 

17 appropriate, for homeland security purposes; and 

18 ‘‘(2) ensure that critical homeland security infor19 mation reaches government decisionmakers. 

20 ‘‘(c) FEMA AUTHORITY.—Nothing in this section shall 

21 be construed to provide to the National Operations Center 

22 any authority that overlaps with the authority of the Ad23 ministrator of the Federal Emergency Management Agency, 

24 except to the extent necessary to coordinate the activities 

25 or information of the National Operations Center with the 

26 Federal Emergency Management Agency.’’. 


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1 (c) CHIEF MEDICAL OFFICER.—Section 516 of such 

2 Act of 2002 (6 U.S.C. 321e) is amended— 

3 (1) in subsection (c)— 

4 (A) in the matter preceding paragraph (1) 

5 by striking ‘‘natural disasters, acts of terrorism, 

6 and other man-made disasters’’ and inserting 

7 ‘‘homeland security’’; and 

8 (B) in paragraph (4) by inserting ‘‘the Fed9 eral Emergency Management Agency,’’ after ‘‘the 

10 Department of Veterans Affairs,’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(d) FEMA AUTHORITY.—Nothing in this section 

13 shall be construed to provide to the Chief Medical Officer 

14 any authority that overlaps with the authority of the Ad15 ministrator of the Federal Emergency Management Agency, 

16 except to the extent necessary to coordinate activities or in17 formation with the Federal Emergency Management Agen18 cy.’’. 

19 (d) REPEALS.—The following provisions of such Act 

20 (6 U.S.C. 101 et seq.) are repealed: 

21 (1) Section 501. 

22 (2) Section 503. 

23 (3) Section 504. 

24 (4) Section 505. 

25 (5) Section 506. 


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1 (6) Section 507. 

2 (7) Section 508. 

3 (8) Section 509. 

4 (9) Section 510. 

5 (10) Section 513. 

6 (11) Section 517. 

7 (12) Section 519. 

8 (e) REDESIGNATIONS.—Sections 502, 511, 512, 514, 

9 515, 516, 518, 520, 521, 522, 523, and 524 of such Act of 

10 2002 (6 U.S.C. 312, 321, 321a, 321c, 321d, 321e, 321f, 

11 321g, 321i, 321j, 321k, 321l, and 321m) are redesignated 

12 as sections 501 through 512, respectively. 

13 (f) TITLE HEADING.—The heading for title V of such 

14 Act is amended by striking ‘‘NATIONAL EMER15 GENCY MANAGEMENT’’ and inserting ‘‘OTHER 

16 OFFICES AND FUNCTIONS’’. 

17 (g) TABLE OF CONTENTS.—The table of contents con18 tained in section 1(b) of such Act is amended by striking 

19 the items relating to title V and inserting the following: 

‘‘TITLE V—OTHER OFFICES AND FUNCTIONS 

‘‘Sec. 501. Definition. 

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

‘‘Sec. 503. Evacuation plans and exercises. 

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

‘‘Sec. 505. National Operations Center. 

‘‘Sec. 506. Chief Medical Officer. 

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

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

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

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

‘‘Sec. 511. Guidance and recommendations. 


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

program.’’. 

1 SEC. 109. HOMELAND SECURITY GRANTS. 

2 (a) URBAN AREA SECURITY INITIATIVE.—Section 

3 2003(a) of the Homeland Security Act of 2002 (6 U.S.C. 

4 604(a)) is amended striking ‘‘preventing, preparing for, 

5 protecting against, and responding to’’ and inserting ‘‘pre6 venting and protecting against’’. 

7 (b) STATE HOMELAND SECURITY GRANT PROGRAM.— 

8 Section 2004 of such Act (6 U.S.C. 605) is amended— 

9 (1) in subsection (a) by striking ‘‘preventing, 

10 preparing for, protecting against, and responding to’’ 

11 and inserting ‘‘preventing and protecting against’’; 

12 (2) in subsection (c)(3) by striking ‘‘to prevent, 

13 prepare for, protect against, or respond to’’ and in14 serting ‘‘to prevent or protect against’’; and 

15 (3) in subsection (d)(1) by striking ‘‘to prevent, 

16 prepare for, protect against, and respond to’’ and in17 serting ‘‘to prevent and protect against’’. 

18 (c) GRANTS TO DIRECTLY ELIGIBLE TRIBES.—Section 

19 2005(h) of such Act (6 U.S.C. 606(h)) is amended by strik20 ing ‘‘preventing, preparing for, protecting against, and re21 sponding to’’ and inserting ‘‘preventing and protecting 

22 against’’. 

23 (d) TERRORISM PREVENTION.—Section 2006(b)(4)(A) 

24 of such Act (6 U.S.C. 607(b)(4)(A)) is amended by striking 


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1 ‘‘preventing, preparing for, protecting against, and re2 sponding to natural disasters, acts of terrorism, and other 

3 man-made disasters within the United States’’ and insert4 ing ‘‘preventing and protecting against acts of terrorism 

5 within the United States’’. 

6 (e) PRIORITIZATION.—Section 2007(a) of such Act (6 

7 U.S.C. 608(a)) is amended— 

8 (1) in paragraph (1)(H) by striking ‘‘respond 

9 to’’ and inserting ‘‘address’’; and 

10 (2) in paragraphs (1)(J)(i) and (2) by striking 

11 ‘‘to prevent, prepare for, protect against, and respond 

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

13 (f) USE OF FUNDS.—Section 2008 of such Act (6 

14 U.S.C. 609) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1) 

17 by striking ‘‘preventing, preparing for, pro18 tecting against, and responding to’’ and insert19 ing ‘‘preventing and protecting against’’; and 

20 (B) in paragraph (12) by inserting before 

21 the semicolon at the end the following: ‘‘, except 

22 to the extent that such activities are inconsistent 

23 with the FEMA Independence Act of 2009 (in24 cluding the amendments made by that Act)’’; 

25 and 


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1 (2) in subsections (b)(4)(B)(i) and (d)(2) by 

2 striking ‘‘preventing, preparing for, protecting 

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

4 or protecting against’’. 

5 (g) ADMINISTRATION AND COORDINATION.—Section 

6 2021 of such Act (6 U.S.C. 611) is amended— 

7 (1) by striking subsection (a) and inserting the 

8 following: 

9 ‘‘(a) REGIONAL COORDINATION.—The Secretary shall 

10 ensure that— 

11 ‘‘(1) all recipients of grants administered by the 

12 Department to prevent and protect against acts of 

13 terrorism coordinate, as appropriate, their prevention 

14 and protection efforts with neighboring State, local, 

15 and tribal governments; and 

16 ‘‘(2) all high-risk urban areas and other recipi17 ents of grants administered by the Department to pre18 vent and protect against acts of terrorism that in19 clude or substantially affect parts or all of more than 

20 1 State coordinate, as appropriate, across State 

21 boundaries, including, where appropriate, through the 

22 use of regional working groups and requirements for 

23 regional plans.’’; and 

24 (2) in subsection (d)(1) by striking ‘‘Depart25 ment’’ and inserting ‘‘Federal Government’’. 


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1 (h) ACCOUNTABILITY.— 

2 (1) AUDITS OF GRANT PROGRAMS.—Section 

3 2022(a) of such Act (6 U.S.C. 612(a)) is amended— 

4 (A) in paragraph (2)— 

5 (i) by striking subparagraph (A) and 

6 inserting the following: 

7 ‘‘(A) IN GENERAL.—Not less than once 

8 every 2 years, the Secretary shall conduct, for 

9 each State and high-risk urban area receiving a 

10 grant administered by the Department, a pro11 grammatic and financial review of all grants 

12 awarded by the Department to prevent or protect 

13 against acts of terrorism.’’; and 

14 (ii) in subparagraph (B) by striking 

15 ‘‘to prevent, prepare for, protect against, 

16 and respond to natural disasters, acts of 

17 terrorism, and other man-made disasters’’ 

18 and inserting ‘‘to prevent and protect 

19 against acts of terrorism’’; and 

20 (B) in paragraph (3)— 

21 (i) by striking subparagraph (A) and 

22 inserting the following: 

23 ‘‘(A) IN GENERAL.—In order to ensure the 

24 effective and appropriate use of grants adminis25 tered by the Department, the Inspector General 


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1 of the Department each year shall conduct audits 

2 of a sample of States and high-risk urban areas 

3 that receive grants administered by the Depart4 ment to prevent or protect against acts of ter5 rorism.’’; and 

6 (ii) in subparagraph (D)(ii)(IV) by 

7 striking ‘‘to prevent, prepare for, protect 

8 against, and respond to natural disasters, 

9 acts of terrorism and other man-made dis10 asters’’ and inserting ‘‘to prevent and pro11 tect against acts of terrorism’’. 

12 (2) ADMINISTRATION OF GRANTS.—Section 2022 

13 of such Act (6 U.S.C. 612) is amended by adding at 

14 the end the following: 

15 ‘‘(d) ADMINISTRATION OF GRANTS.—The Secretary 

16 may request the Administrator to continue to support the 

17 administration of any grant authorized by this title.’’. 

18 (i) REFERENCES TO ADMINISTRATOR.—Title XX of 

19 such Act (6 U.S.C. 601 et seq.) is amended— 

20 (1) in section 2002(a) by striking ‘‘, through the 

21 Administrator,’’; 

22 (2) in section 2021(c)(1) by striking ‘‘(acting 

23 through the Administrator)’’; 


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1 (3) in the subparagraph heading for section 

2 2022(a)(3)(F) by striking ‘‘ADMINISTRATOR’’ and in3 serting ‘‘SECRETARY’’; 

4 (4) in the subsection heading for section 2022(c) 

5 by striking ‘‘BY THE ADMINISTRATOR’’ ; and 

6 (5) by striking ‘‘Administrator’’ each place it 

7 appears and inserting ‘‘Secretary’’, except in— 

8 (A) section 2001(1); 

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

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

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

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

13 SEC. 110. ADDITIONAL CONFORMING AMENDMENTS TO 

14 HOMELAND SECURITY ACT OF 2002. 

15 (a) MISSION.—Section 101(b)(1) of the Homeland Se16 curity Act of 2002 (6 U.S.C. 111(b)(1)) is amended— 

17 (1) by striking subparagraph (C); 

18 (2) by redesignating subparagraphs (D) through 

19 (H) as subparagraphs (C) through (G), respectively; 

20 and 

21 (3) in subparagraph (C) (as so redesignated) by 

22 striking ‘‘, including’’ and all that follows before the 

23 semicolon at the end. 

24 (b) SECRETARY; FUNCTIONS.—Section 102 of such Act 

25 (6 U.S.C. 112) is amended— 


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1 (1) by adding at the end of subsection (c) the fol2 lowing: 

3 ‘‘Nothing in this subsection may be construed to interfere 

4 with the role of the Administrator of the Federal Emergency 

5 Management Agency.’’; and 

6 (2) in subsection (f)— 

7 (A) in paragraph (4)— 

8 (i) by inserting ‘‘and’’ at the end of 

9 subparagraph (A); 

10 (ii) by striking ‘‘and’’ at the end of 

11 subparagraph (B); and 

12 (iii) by striking subparagraph (C); 

13 (B) by striking paragraph (8); and 

14 (C) by redesignating paragraphs (9), (10), 

15 and (11) as paragraphs (8), (9), and (10), re16 spectively. 

17 (c) OTHER OFFICERS.—Section 103(a) of such Act (6 

18 U.S.C. 113(a)) is amended— 

19 (1) by striking paragraph (4); and 

20 (2) by redesignating paragraphs (5) through (10) 

21 as paragraphs (4) through (9), respectively. 

22 (d) AUTHORITY TO ISSUE WARNINGS.—Section 214(g) 

23 of such Act (6 U.S.C. 133(g)) is amended by adding at the 

24 end the following: 


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1 ‘‘Nothing in this subsection may be construed to limit or 

2 otherwise affect the authority of the President or the Admin3 istrator of the Federal Emergency Management Agency 

4 under section 202 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5132).’’. 

6 (e) ENHANCEMENT OF NON-FEDERAL CYBERSECU7 RITY.—Section 223 of such Act (6 U.S.C. 143) is amended 

8 by striking ‘‘Under Secretary for Emergency Preparedness 

9 and Response’’ each place it appears and inserting ‘‘Ad10 ministrator of the Federal Emergency Management Agen11 cy’’. 

12 (f) COORDINATION WITH FEDERAL EMERGENCY MAN13 AGEMENT AGENCY.— 

14 (1) IN GENERAL.—Title II of such Act (6 U.S.C. 

15 121 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘Subtitle E—Consultation With 

18 Federal Emergency Management 

19 Agency 

20 ‘‘SEC. 241. DUTY TO CONSULT. 

21 ‘‘In carrying out this title, the Secretary shall consult, 

22 as appropriate, with the Administrator of the Federal 

23 Emergency Management Agency. 


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1 ‘‘SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION. 

2 ‘‘Nothing in this title may be construed to limit or oth3 erwise affect the authority of the Administrator of the Fed4 eral Emergency Management Agency.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents contained in section 1(b) of such Act is amended 

7 by adding at the end of the items relating to title II 

8 the following: 

‘‘Subtitle E—Consultation With Federal Emergency Management Agency 

‘‘Sec. 241. Duty to consult. 

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

9 (g) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 

10 430 of such Act (6 U.S.C. 238), and the item relating to 

11 that section in the table of contents contained in section 

12 1(b) of such Act, are repealed. 

13 (h) QUADRENNIAL HOMELAND SECURITY REVIEW.— 

14 Section 707 of such Act (6 U.S.C. 347) is amended— 

15 (1) in subsection (a)(3)(A) by inserting ‘‘the Ad16 ministrator of the Federal Emergency Management 

17 Agency,’’ after ‘‘the Secretary of Agriculture,’’; 

18 (2) in subsection (b)(1) by striking ‘‘, the Na19 tional Response Plan,’’; and 

20 (3) in subsection (c)(2)(G) by striking ‘‘and pre21 paring for emergency response to threats to national 

22 homeland security’’. 


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1 (i) COORDINATION WITH DEPARTMENT OF HEALTH

2 AND HUMAN SERVICES UNDER PUBLIC HEALTH SERVICE

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

4 (1) in subsection (a) by inserting before the pe5 riod at the end the following: ‘‘and section 202(b) of 

6 the FEMA Independence Act of 2009’’; and 

7 (2) in subsections (b)(2) and (b)(3) by inserting 

8 ‘‘the Federal Emergency Management Agency,’’ after 

9 ‘‘the Department of Homeland Security,’’. 

10 (j) MEMBERSHIP OF NATIONAL HOMELAND SECURITY

11 COUNCIL.—Section 903(a) of such Act (6 U.S.C. 493(a)) 

12 is amended— 

13 (1) by redesignating paragraph (6) as para14 graph (7); and 

15 (2) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) The Administrator of the Federal Emer18 gency Management Agency.’’. 

19 SEC. 111. CONFORMING AMENDMENTS TO POST-KATRINA 

20 EMERGENCY MANAGEMENT REFORM ACT OF 

21 2006. 

22 (a) SURGE CAPACITY FORCE.—Section 624 of the 

23 Post-Katrina Emergency Management Reform Act of 2006 

24 (6 U.S.C. 711) is amended— 

25 (1) in subsection (b)— 


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1 (A) by striking ‘‘Secretary’’ and inserting 

2 ‘‘Administrator’’; and 

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

4 (2) in subsections (c)(1) and (c)(2) by striking 

5 ‘‘section 510 of the Homeland Security Act of 2002, 

6 as amended by this Act,’’ and inserting ‘‘section 203 

7 of the FEMA Independence Act of 2009’’. 

8 (b) IMPROVEMENTS TO INFORMATION TECHNOLOGY

9 SYSTEMS.—Section 640(a) of such Act (6 U.S.C. 727(a)) 

10 is amended by striking ‘‘, in coordination with the Chief 

11 Information Officer of the Department,’’. 

12 (c) DEFINITIONS.—Section 641 of such Act (6 U.S.C. 

13 741) is amended in paragraphs (2) and (14) by striking 

14 ‘‘section 501 of the Homeland Security Act of 2002 (6 

15 U.S.C. 311)’’ and inserting ‘‘section 203 of the FEMA Inde16 pendence Act of 2009’’. 

17 (d) FEDERAL RESPONSE CAPABILITY INVENTORY.— 

18 Section 651 of such Act (6 U.S.C. 751) is amended in para19 graphs (2) and (3) of subsection (b) by striking ‘‘section 

20 510 of the Homeland Security Act of 2002 (6 U.S.C. 320)’’ 

21 and inserting ‘‘section 203 of the FEMA Independence Act 

22 of 2009’’. 

23 (e) FEDERAL PREPAREDNESS.—Section 653(a)(2) of 

24 such Act (6 U.S.C. 753(a)(2)) is amended by striking ‘‘sec25 tion 510 of the Homeland Security Act of 2002 (6 U.S.C. 


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1 320)’’ and inserting ‘‘section 203 of the FEMA Independ2 ence Act of 2009’’. 

3 (f) NATIONAL DISASTER RECOVERY STRATEGY.—Sec4 tion 682(a) of such Act (6 U.S.C. 771(a)) is amended by 

5 inserting ‘‘the Secretary,’’ after ‘‘the Department of the In6 terior,’’. 

7 (g) INDIVIDUALS WITH DISABILITIES.—Section 

8 689(a) of such Act (6 U.S.C. 773(a)) is amended by striking 

9 ‘‘section 513 of the Homeland Security Act of 2002, as 

10 added by this Act’’ and inserting ‘‘section 204 of the FEMA 

11 Independence Act of 2009’’. 

12 (h) LIMITATIONS ON TIERING OF SUBCONTRACTORS.— 

13 Section 692 of such Act (6 U.S.C. 792)— 

14 (1) in subsections (a) and (b) by striking ‘‘Sec15 retary’’ and inserting ‘‘Administrator’’; and 

16 (2) in subsection (c) by striking ‘‘Department’’ 

17 and inserting ‘‘Agency’’. 

18 (i) LIMITATION ON LENGTH OF CERTAIN NON19 COMPETITIVE CONTRACTS.—Section 695 of such Act (6 

20 U.S.C. 794) is amended— 

21 (1) in subsections (a) and (b) by striking ‘‘Sec22 retary’’ and inserting ‘‘Administrator’’; and 

23 (2) in subsection (c) by striking ‘‘Department’’ 

24 and inserting ‘‘Agency’’. 


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1 SEC. 112. CONFORMING AND TECHNICAL AMENDMENTS TO 

2 OTHER LAWS. 

3 (a) CHIEF FINANCIAL OFFICER.—Section 901(b)(2) of 

4 title 31, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘(H) The Federal Emergency Management 

7 Agency.’’. 

8 (b) INSPECTOR GENERAL ACT OF 1978.—Section 

9 12(1) of the Inspector General Act of 1978 (5 U.S.C. App.) 

10 is amended by striking ‘‘Director of the Federal Emergency 

11 Management Agency’’ and inserting ‘‘Administrator of the 

12 Federal Emergency Management Agency’’. 

13 (c) TECHNICAL CORRECTIONS TO REFERENCES.—The 

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5121 et seq.) is amended— 

16 (1) in section 602(a) by striking paragraph (7) 

17 and inserting the following: 

18 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis19 trator’ means the Administrator of the Federal Emer20 gency Management Agency.’’; and 

21 (2) by striking ‘‘Director’’ each place it appears 

22 and inserting ‘‘Administrator’’, except— 

23 (A) the second and fourth places it appears 

24 in section 622(c); and 

25 (B) in section 626(b). 


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1 SEC. 113. CHANGES TO ADMINISTRATIVE DOCUMENTS. 

2 Not later than 120 days after the date of enactment 

3 of this Act, the President shall amend Homeland Security 

4 Presidential Directive–5, Homeland Security Presidential 

5 Directive–8, and any other similar administrative docu6 ment to reflect the changes made by this Act (including the 

7 amendments made by this Act). 

8 SEC. 114. RECOMMENDED LEGISLATION. 

9 (a) IN GENERAL.—After consultation with Congress, 

10 the Administrator shall prepare recommended legislation 

11 containing additional technical and conforming amend12 ments to reflect the changes made by this title. 

13 (b) SUBMISSION TO CONGRESS.—Not later than 90 

14 days after the last day of the transition period referred to 

15 in section 105(e), the Administrator shall submit to Con16 gress a report containing the recommended legislation. 

17 TITLE II—RELATED MATTERS 

18 SEC. 201. NATIONAL ADVISORY COUNCIL. 

19 (a) ESTABLISHMENT.—The Administrator shall con20 tinue to maintain an advisory body to ensure effective and 

21 ongoing coordination of Federal preparedness, response, re22 covery, and mitigation for hazards, to be known as the Na23 tional Advisory Council. 

24 (b) RESPONSIBILITIES.—The National Advisory Coun25 cil shall advise the Administrator on all aspects of emer26 gency management. 


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1 (c) MEMBERSHIP.— 

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

3 Advisory Council shall be appointed by the Adminis4 trator, and shall, to the extent practicable, represent 

5 a geographic (including urban and rural) and sub6 stantive cross section of officials, emergency man7 agers, and emergency response providers from State, 

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

9 nongovernmental organizations, including as appro10 priate— 

11 (A) members selected from the emergency 

12 management field and emergency response pro13 viders, including fire service, law enforcement, 

14 hazardous materials response, emergency medical 

15 services, and emergency management personnel, 

16 or organizations representing such individuals; 

17 (B) health scientists, emergency and inpa18 tient medical providers, and public health profes19 sionals; 

20 (C) experts from Federal, State, local, and 

21 tribal governments, and the private sector, rep22 resenting standards-setting and accrediting orga23 nizations, including representatives from the vol24 untary consensus codes and standards develop25 ment community, particularly those with experVerDate Mar 15 2010 01:17 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H1174.RH H1174

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1 tise in the emergency preparedness and response 

2 field; 

3 (D) State, local, and tribal government offi4 cials with expertise in preparedness, response, re5 covery, and mitigation, including Adjutants 

6 General; 

7 (E) elected State, local, and tribal govern8 ment executives; 

9 (F) experts in public and private sector in10 frastructure protection, cybersecurity, and com11 munications; 

12 (G) representatives of individuals with dis13 abilities and other populations with special 

14 needs; and 

15 (H) such other individuals as the Adminis16 trator determines to be appropriate. 

17 (2) COORDINATION WITH THE DEPARTMENTS OF

18 HEALTH AND HUMAN SERVICES AND TRANSPOR19 TATION.—In the selection of members of the National 

20 Advisory Council who are health or emergency med21 ical services professionals, the Administrator shall 

22 work with the Secretary of Health and Human Serv23 ices and the Secretary of Transportation. 

24 (3) EX OFFICIO MEMBERS.—The Administrator 

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1 ernment to serve as ex officio members of the National 

2 Advisory Council. 

3 (4) TERMS OF OFFICE.—The term of office of 

4 each member of the National Advisory Council shall 

5 be 3 years. 

6 (d) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.— 

8 (1) IN GENERAL.—Subject to paragraph (2), the 

9 Federal Advisory Committee Act (5 U.S.C. App.), in10 cluding subsections (a), (b), and (d) of section 10 of 

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

12 Code, shall apply to the National Advisory Council. 

13 (2) TERMINATION.—Section 14(a)(2) of the Fed14 eral Advisory Committee Act (5 U.S.C. App.) shall 

15 not apply to the National Advisory Council. 

16 SEC. 202. NATIONAL INTEGRATION CENTER. 

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

18 a National Integration Center. 

19 (b) RESPONSIBILITIES.—The Administrator, through 

20 the National Integration Center, and in consultation with 

21 other Federal departments and agencies and the National 

22 Advisory Council, shall ensure ongoing management and 

23 maintenance, including revisions as appropriate, of the Na24 tional Incident Management System, the National Response 


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1 Plan (including the Catastrophic Incident Annex), and any 

2 successor to such system or plan. 

3 (c) INCIDENT MANAGEMENT.— 

4 (1) NATIONAL RESPONSE PLAN.—The Adminis5 trator shall ensure that the National Response Plan 

6 provides for a clear chain of command to lead and co7 ordinate the Federal response to any hazard. 

8 (2) PRINCIPAL FEDERAL OFFICIAL.—The posi9 tion of Principal Federal Official is abolished. 

10 SEC. 203. CREDENTIALING AND TYPING. 

11 (a) IN GENERAL.—The Administrator shall continue 

12 to implement a memorandum of understanding with the 

13 administrators of the Emergency Management Assistance 

14 Compact, State, local, and tribal governments, and organi15 zations that represent emergency response providers to col16 laborate on developing standards for deployment capabili17 ties, including for credentialing and typing of incident 

18 management personnel, emergency response providers, and 

19 other personnel (including temporary personnel) and re20 sources likely needed to respond to a hazard. 

21 (b) DISTRIBUTION.— 

22 (1) IN GENERAL.—The Administrator shall pro23 vide the standards developed under subsection (a), in24 cluding detailed written guidance, to— 


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1 (A) each Federal agency that has respon2 sibilities under the National Response Plan to 

3 aid that agency with credentialing and typing 

4 incident management personnel, emergency re5 sponse providers, and other personnel (including 

6 temporary personnel) and resources likely needed 

7 to respond to a hazard; and 

8 (B) State, local, and tribal governments, to 

9 aid such governments with credentialing and 

10 typing of State, local, and tribal incident man11 agement personnel, emergency response pro12 viders, and other personnel (including temporary 

13 personnel) and resources likely needed to respond 

14 to a hazard. 

15 (2) ASSISTANCE.—The Administrator shall pro16 vide expertise and technical assistance to aid Federal, 

17 State, local, and tribal government agencies with 

18 credentialing and typing incident management per19 sonnel, emergency response providers, and other per20 sonnel (including temporary personnel) and resources 

21 likely needed to respond to a hazard. 

22 (c) CREDENTIALING AND TYPING OF PERSONNEL.— 

23 Each Federal agency with responsibilities under the Na24 tional Response Plan shall ensure that incident manage25 ment personnel, emergency response providers, and other 


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1 personnel (including temporary personnel) and resources 

2 likely needed to respond to a hazard are credentialed or 

3 typed, as appropriate, in accordance with this section. 

4 (d) CONSULTATION ON HEALTH CARE STANDARDS.— 

5 In developing standards for credentialing health care pro6 fessionals under this section, the Administrator shall con7 sult with the Secretary of Health and Human Services. 

8 (e) DEFINITION.—For purposes of this section, the 

9 term ‘‘credentialing’’ means to provide documentation that 

10 identifies personnel and authenticates and verifies the 

11 qualifications of such personnel by ensuring that such per12 sonnel possess a minimum common level of training, experi13 ence, physical and medical fitness, and capability appro14 priate for a particular position in accordance with stand15 ards created under this section. 

16 SEC. 204. DISABILITY COORDINATOR. 

17 (a) IN GENERAL.—The Administrator shall appoint in 

18 the Agency a Disability Coordinator in order to ensure that 

19 the needs of individuals with disabilities are being properly 

20 addressed in emergency preparedness and disaster relief. 

21 The Disability Coordinator shall report directly to the Ad22 ministrator. 

23 (b) CONSULTATION.—The Disability Coordinator shall 

24 be appointed after consultation with organizations rep25 resenting individuals with disabilities, the National CounVerDate Mar 15 2010 01:17 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H1174.RH H1174

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1 cil on Disabilities, and the Interagency Coordinating Coun2 cil on Preparedness and Individuals with Disabilities estab3 lished under Executive Order No. 13347 (6 U.S.C. 312 

4 note). 

5 (c) TRANSITIONAL PROVISION.—The individual serv6 ing in the Agency as Disability Coordinator on the date 

7 of enactment of this Act may continue to serve in that posi8 tion at the discretion of the Administrator. 

9 SEC. 205. NUCLEAR INCIDENT RESPONSE. 

10 (a) IN GENERAL.—At the direction of the Adminis11 trator (in connection with an actual or threatened terrorist 

12 attack, major disaster, or other emergency in the United 

13 States), the Nuclear Incident Response Team shall operate 

14 as an organizational unit of the Agency. While so operating, 

15 the Nuclear Incident Response Team shall be subject to the 

16 direction, authority, and control of the Administrator. 

17 (b) RULE OF CONSTRUCTION.—Nothing in this section 

18 shall be construed to limit the ordinary responsibility of 

19 the Secretary of Energy or the Administrator of the Envi20 ronmental Protection Agency for organizing, training, 

21 equipping, or utilizing their respective entities in the Nu22 clear Incident Response Team, or (subject to the provisions 

23 of this section) from exercising direction, authority, or con24 trol over them when they are not operating as a unit of 

25 the Agency. 


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1 SEC. 206. URBAN AREA ALL HAZARDS PREPAREDNESS 

2 GRANT PROGRAM. 

3 Subtitle A of title VI of the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 5196 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 617. URBAN AREA ALL HAZARDS PREPAREDNESS 

7 GRANT PROGRAM. 

8 ‘‘(a) IN GENERAL.—To assist urban areas to prepare 

9 for any hazard, the Administrator shall establish an urban 

10 area all hazards preparedness grant program. 

11 ‘‘(b) ELIGIBILITY.—The 100 most populous metropoli12 tan statistical areas, as defined by the Office of Manage13 ment and Budget, shall be eligible to receive a grant award 

14 under this section. The Administrator may consider addi15 tional urban areas for a grant award based on criteria es16 tablished by the Administrator. 

17 ‘‘(c) NOTIFICATION AND INFORMATION.—Not later 

18 than 30 days before the Administrator accepts applications 

19 for the urban area all hazards preparedness grant program, 

20 the Administrator shall notify the chief elected official of 

21 each urban area and the Governor of the State in which 

22 such urban area is located if the urban area is eligible for 

23 a grant under this section and provide information regard24 ing the application procedures and grant award criteria. 

25 Such notification and information shall also be published 


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1 in the Federal Register not later than 15 days before the 

2 Administrator accepts applications for the grant program. 

3 ‘‘(d) APPLICATION.—An urban area eligible under sub4 section (b) may apply to the Administrator for a grant 

5 award under this section. Such application shall dem6 onstrate, to the satisfaction of the Administrator, that— 

7 ‘‘(1) the urban area will use funds awarded 

8 under this section to develop or implement activities 

9 that support the emergency management goals of the 

10 State in which an urban area is located; and 

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

12 ‘‘(e) ALLOCATION OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall al14 locate funds to each State in which an urban area se15 lected to receive a grant award under this section is 

16 located based on— 

17 ‘‘(A) the population of each eligible urban 

18 area; 

19 ‘‘(B) the relative level of risk of any hazard 

20 faced by each eligible urban area; and 

21 ‘‘(C) other factors as determined appro22 priate by the Administrator. 

23 ‘‘(2) MINIMUM ALLOCATION.—In determining the 

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1 trator may provide each eligible urban area with a 

2 minimum allocation. 

3 ‘‘(3) STATE DISTRIBUTION OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—Not later than 45 days 

5 after the date on which a State receives a grant 

6 award under this section, the State shall provide 

7 each urban area awarded a grant not less than 

8 80 percent of the award amount for such area. 

9 Any funds retained by a State shall be expended 

10 on items, services, or activities related to emer11 gency preparedness that benefit such urban area 

12 for activities described in subsection (f). 

13 ‘‘(B) FUNDS RETAINED.—A State shall pro14 vide each urban area awarded such a grant with 

15 an accounting of the items, services, or activities 

16 on which any funds retained by the State under 

17 subparagraph (A) were expended. 

18 ‘‘(4) INTERSTATE URBAN AREAS.—If an urban 

19 area selected to receive a grant award under this sec20 tion is located in 2 or more States, the Administrator 

21 shall distribute to each such State a portion of the 

22 grant funds that the Administrator determines to be 

23 appropriate. 

24 ‘‘(f) USES OF FUNDS.—An urban area that receives 

25 a grant award under this section may use funds only for 


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1 activities determined by the Administrator to enhance the 

2 preparedness of an urban area for a hazard, and shall in3 clude— 

4 ‘‘(1) planning; 

5 ‘‘(2) purchase and maintenance of equipment; 

6 ‘‘(3) training; 

7 ‘‘(4) exercises; and 

8 ‘‘(5) management and administration. 

9 ‘‘(g) REGULATIONS.—Not later than 180 days after the 

10 date of enactment of this Act, the Administrator shall issue 

11 regulations to implement the urban area all hazards pre12 paredness grant program under this section. 

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section— 

15 ‘‘(1) $525,000,000 for fiscal year 2010; 

16 ‘‘(2) $575,000,000 for fiscal year 2011; and 

17 ‘‘(3) $650,000,000 for fiscal year 2012.’’. 


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Union Calendar No. 416 

111TH CONGRESS 

2D SESSION H. R. 1174 

[Report No. 111–459, Part I] 

A BILL 

To establish the Federal Emergency Management 

the executive branch, and for other purposes. Agency as a cabinet-level independent agency in 

DECEMBER 22, 2010 

The Committee on Homeland Security discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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