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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1174 Reported in House (RH)]

                                                 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 Diaz-
Balart 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

                           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.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FEMA Independence 
Act of 2009''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY

Sec. 101. Establishment of independent agency.
Sec. 102. Administrator; Deputy Administrator; and other officials of 
                            the Agency.
Sec. 103. Authority and responsibilities.
Sec. 104. Office of the Inspector General.
Sec. 105. Transfer of functions.
Sec. 106. Personnel and other transfers.
Sec. 107. Savings provisions.
Sec. 108. Offices and functions of Department of Homeland Security.
Sec. 109. Homeland security grants.
Sec. 110. Additional conforming amendments to Homeland Security Act of 
                            2002.
Sec. 111. Conforming amendments to Post-Katrina Emergency Management 
                            Reform Act of 2006.
Sec. 112. Conforming and technical amendments to other laws.
Sec. 113. Changes to administrative documents.
Sec. 114. Recommended legislation.

                       TITLE II--RELATED MATTERS

Sec. 201. National Advisory Council.
Sec. 202. National Integration Center.
Sec. 203. Credentialing and typing.
Sec. 204. Disability coordinator.
Sec. 205. Nuclear incident response.
Sec. 206. Urban area all hazards preparedness grant program.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency 
        appointed under section 102.
            (2) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency established under section 101.
            (3) Emergency.--The term ``emergency'' has the meaning 
        given that term in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
            (4) Emergency management.--The term ``emergency 
        management'' means preparedness for, response to, recovery 
        from, and mitigating hazards.
            (5) Hazard.--The term ``hazard'' has the meaning given that 
        term in section 602(b) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5196(b)) and 
        includes any major disaster or emergency.
            (6) Major disaster.--The term ``major disaster'' has the 
        meaning given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).

     TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY.

    (a) In General.--The Federal Emergency Management Agency is 
established as a cabinet-level independent establishment in the 
executive branch.
    (b) Mission.--The primary mission of the Agency shall be to reduce 
the loss of life and property and protect the Nation from hazards by 
leading and supporting the Nation in a comprehensive emergency 
management system of preparedness, response, recovery, and mitigation.

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

    (a) Administrator.--
            (1) In general.--The Agency shall be headed by an 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, and who shall report 
        directly to the President.
            (2) Qualifications.--The Administrator shall be appointed 
        from among individuals who have extensive experience in 
        emergency preparedness, response, recovery, and mitigating 
        hazards.
            (3) Executive schedule.--Title 5, United States Code, is 
        amended--
                    (A) in section 5312 by adding at the end the 
                following:
    ``Administrator of the Federal Emergency Management Agency.''; and
                    (B) in section 5313 by striking the item relating 
                to ``Administrator of the Federal Emergency Management 
                Agency''.
    (b) Deputy Administrator.--
            (1) In general.--The Agency shall have one Deputy 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate. The Deputy 
        Administrator shall carry out duties and powers prescribed by 
        the Administrator and act for the Administrator when the 
        Administrator is absent or unable to serve or when the position 
        of the Administrator is vacant.
            (2) Qualifications.--The Deputy Administrator shall be 
        appointed from among individuals who have extensive experience 
        in emergency preparedness, response, recovery, and mitigating 
        hazards.
            (3) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking the item relating to 
        ``Deputy Administrators, Federal Emergency Management Agency'' 
        and inserting the following:
    ``Deputy Administrator, Federal Emergency Management Agency.''.
    (c) Assistant Administrators.--
            (1) In general.--The Agency shall have one or more 
        Assistant Administrators, who shall be appointed by the 
        Administrator, and whose duties shall be determined by the 
        Administrator.
            (2) Qualifications.--Each Assistant Administrator shall be 
        appointed from among individuals who have a demonstrated 
        ability in and knowledge of emergency management or other field 
        relevant to their position.
    (d) Regional Offices.--
            (1) In general.--There shall be in the Agency 10 Regional 
        Offices, as identified by the Administrator.
            (2) Regional administrators.--
                    (A) In general.--Each Regional Office shall be 
                headed by a Regional Administrator who shall be 
                appointed by the Administrator.
                    (B) Qualifications.--
                            (i) In general.--Each Regional 
                        Administrator shall be appointed from among 
                        individuals who have a demonstrated ability in 
                        and knowledge of emergency management.
                            (ii) Considerations.--In selecting an 
                        individual to serve as a Regional Administrator 
                        for a Regional Office, the Administrator shall 
                        consider the familiarity of the individual with 
                        the geographical area and demographic 
                        characteristics of the population served by the 
                        Regional Office.
            (3) Regional advisory councils.--
                    (A) Establishment.--Each Regional Administrator 
                shall establish a Regional Advisory Council.
                    (B) Nominations.--A State, local, or tribal 
                government located within the geographic area served by 
                the Regional Office may nominate officials, including 
                Adjutants General and emergency managers, to serve as 
                members of the Regional Advisory Council for that 
                region.
                    (C) Responsibilities.--Each Regional Advisory 
                Council shall--
                            (i) advise the Regional Administrator on 
                        emergency management issues specific to that 
                        region;
                            (ii) identify any geographic, demographic, 
                        or other characteristics peculiar to any State, 
                        local, or tribal government within the region 
                        that might make preparedness, response, 
                        recovery, or mitigation more complicated or 
                        difficult; and
                            (iii) advise the Regional Administrator of 
                        any weakness or deficiency in preparedness, 
                        response, recovery, or mitigation for any 
                        State, local, or tribal government within the 
                        region of which the Regional Advisory Council 
                        is aware.
    (e) Area Offices.--There shall be an Area Office for the Pacific, 
an Area Office for the Caribbean, and an Area Office in Alaska, as 
components in the appropriate Regional Offices.

SEC. 103. AUTHORITY AND RESPONSIBILITIES.

    (a) In General.--The Administrator shall provide the Federal 
leadership necessary to prepare for, respond to, recover from, and 
mitigate hazards.
    (b) Stafford Act.--The Administrator shall assist the President in 
carrying out the functions under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out 
all functions and authorities given to the Administrator under that 
Act.
    (c) Mission.--The responsibilities of the Administrator shall 
include carrying out the mission of the Agency by leading and 
supporting the Nation in a comprehensive emergency management system 
of--
            (1) mitigation, by taking sustained actions to reduce or 
        eliminate long-term risks to people and property from hazards 
        and their effects;
            (2) preparedness, by planning, training, conducting 
        exercises, and building the emergency management profession to 
        prepare effectively for mitigating, responding to, and 
        recovering from any hazard;
            (3) response, by conducting emergency operations to save 
        lives and property through positioning emergency equipment, 
        personnel, and supplies, through evacuating potential victims, 
        through providing food, water, shelter, and medical care to 
        those in need, and through restoring critical public services; 
        and
            (4) recovery, by rebuilding communities so individuals, 
        businesses, and governments can function on their own, return 
        to normal life, and protect against future hazards.
    (d) Response Duties.--In carrying out subsection (c)(3), the 
Administrator, at a minimum, shall--
            (1) help to ensure the effectiveness of emergency response 
        providers in responding to a hazard;
            (2) coordinate and provide the Federal Government's 
        response to hazards;
            (3) build a comprehensive national incident management 
        system with Federal, State, and local government personnel, 
        agencies, and authorities to respond to hazards;
            (4) consolidate existing Federal Government emergency 
        response plans into a single, coordinated plan to be known as 
        the National Response Plan;
            (5) administer and ensure the implementation of the 
        National Response Plan, including coordinating and ensuring the 
        readiness of each emergency support function under the National 
        Response Plan; and
            (6) help ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        local, and tribal governments and emergency response providers.
    (e) Continuity of Government.--The Administrator shall prepare and 
implement the plans and programs of the Federal Government for--
            (1) continuity of operations;
            (2) continuity of Government; and
            (3) continuity of plans.
    (f) Other Duties.--The Administrator shall--
            (1) coordinate the National Advisory Council authorized by 
        this Act;
            (2) maintain and operate within the Agency the National 
        Response Coordination Center (or its successor);
            (3) develop and maintain a national emergency management 
        system that is capable of preparing for, responding to, 
        recovering from, and mitigating hazards of all magnitudes, 
        including catastrophic disasters; and
            (4) supervise grant programs administered by the Agency.
    (g) All-hazards Approach.--In carrying out the responsibilities 
under this section, the Administrator shall coordinate the 
implementation of an all-hazards strategy that builds those common 
capabilities necessary to prepare for, respond to, recover from, and 
mitigate hazards.

SEC. 104. OFFICE OF THE INSPECTOR GENERAL.

    The Agency shall have an Office of the Inspector General, headed by 
an Inspector General, in accordance with the Inspector General Act of 
1978 (Public Law 95-452; 5 U.S.C. App.).

SEC. 105. TRANSFER OF FUNCTIONS.

    (a) In General.--Except as provided by subsection (c), there shall 
be transferred to the Administrator the following:
            (1) All functions of the Federal Emergency Management 
        Agency, as constituted on January 1, 2009, including continuity 
        of operations and continuity of Government plans and programs.
            (2) The functions relating to the Agency under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) and other laws, including--
                    (A) the National Flood Insurance Act of 1968 (42 
                U.S.C. 4001 et seq.);
                    (B) the Earthquake Hazards Reduction Act of 1977 
                (42 U.S.C. 7701 et seq.);
                    (C) the National Dam Safety Program Act (33 U.S.C. 
                467 et seq.);
                    (D) the Federal Fire Prevention and Control Act of 
                1974 (15 U.S.C. 2201 et seq.);
                    (E) Reorganization Plan No. 3 of 1978 (5 U.S.C. 
                App.);
                    (F) section 612 of the Security and Accountability 
                For Every Port Act of 2006 (6 U.S.C. 314a); and
                    (G) title III of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11331 et seq.).
            (3) Any function to be transferred to the Agency under the 
        Post-Katrina Emergency Management Reform Act of 2006 (103 Stat. 
        1394), including the amendments made by that Act, even if the 
        transfer has not taken place as of January 1, 2009.
    (b) Inspector General.--There shall be transferred to the Inspector 
General of the Federal Emergency Management Agency all of the functions 
relating to the Inspector General that were transferred from the 
Federal Emergency Management Agency to the Department of Homeland 
Security on or after January 1, 2003.
    (c) Exceptions.--The following programs shall not be affected by 
this Act and shall remain within the Department of Homeland Security:
            (1) The grant programs authorized by sections 1406, 1513, 
        and 1532 of the Implementing Recommendations of the 9/11 
        Commission Act (6 U.S.C. 1135, 1163, and 1182).
            (2) The grant program authorized by section 70107 of title 
        46, United States Code.
            (3) Programs authorized by sections 2003 and 2004 of the 
        Homeland Security Act of 2002 (6 U.S.C. 604 and 605), as 
        amended by this Act.
            (4) The trucking security grant program (Public Law 110-
        329; 122 Stat. 3671).
            (5) The buffer zone protection program (Public Law 110-329; 
        122 Stat. 3672).
            (6) The commercial equipment direct assistance program 
        (Public Law 110-329; 122 Stat. 3672).
    (d) United States Fire Administrator; Federal Insurance 
Administrator.--Nothing in this Act shall be construed to affect the 
appointment of the United States Fire Administrator under section 5(b) 
of the Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) or 
the Federal Insurance Administrator under section 1105(a) of the 
Housing and Urban Development Act of 1968 (42 U.S.C. 4129).
    (e) Transition Period.--The transfers under this section shall be 
carried out not later than 120 days following the date of enactment of 
this Act. During the transition period, the Secretary of Homeland 
Security shall provide to the Administrator such assistance, including 
the use of personnel and assets, as the Administrator may request in 
preparing for the transfer.
    (f) Transition.--The Administrator may use--
            (1) the services of such officers, employees, and other 
        personnel of the Department of Homeland Security with respect 
        to functions transferred by this section; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (g) Liaison Office To Ensure Coordination With Department of 
Homeland Security.--The Administrator shall establish a liaison office 
within the Agency to ensure adequate coordination with the Department 
of Homeland Security.

SEC. 106. PERSONNEL AND OTHER TRANSFERS.

    (a) Personnel Provisions.--
            (1) Appointments.--The Administrator may appoint and fix 
        the compensation of such officers and employees, including 
        investigators, attorneys, and administrative law judges, as may 
        be necessary to carry out the respective functions transferred 
        under section 105. Except as otherwise provided by law, such 
        officers and employees shall be appointed in accordance with 
        the civil service laws and their compensation fixed in 
        accordance with title 5, United States Code.
            (2) Experts and consultants.--The Administrator may obtain 
        the services of experts and consultants in accordance with 
        section 3109 of title 5, United States Code, and compensate 
        such experts and consultants for each day (including travel 
        time) during which they are engaged in the actual performance 
        of such services at rates not in excess of the rate of pay for 
        level IV of the Executive Schedule under section 5315 of such 
        title. The Administrator may pay experts and consultants who 
        are serving away from their homes or regular place of business, 
        travel expenses and per diem in lieu of subsistence at rates 
        authorized by sections 5702 and 5703 of such title for persons 
        in Government service employed intermittently.
    (b) Delegation and Assignment.--Except where otherwise expressly 
prohibited by law or otherwise provided by this title, the 
Administrator may delegate any of the functions transferred to the 
Administrator by section 105 and any function transferred or granted to 
the Administrator after the date of the transfers by section 105 to 
such officers and employees of the Agency as the Administrator may 
designate and may authorize successive redelegations of such functions 
as may be necessary or appropriate. No delegation of functions by the 
Administrator under this subsection or under any other provision of 
this title shall relieve the Administrator of responsibility for the 
administration of such functions.
    (c) Reorganization.--The Administrator may allocate or reallocate 
any function transferred under section 105 among the officers of the 
Agency, and may establish, consolidate, alter, or discontinue such 
organizational entities in the Agency as may be necessary or 
appropriate if the Administrator, on or before the 30th day preceding 
the date of the allocation or reallocation, provides to Congress 
written notice of the allocation or reallocation.
    (d) Rules.--The Administrator may prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the Administrator determines necessary or 
appropriate to administer and manage the functions of the Agency.
    (e) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this title, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by section 105, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Agency. Unexpended funds 
transferred pursuant to this subsection shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
    (f) Incidental Transfers.--The Director of the Office of Management 
and Budget, in consultation with the Administrator, may make such 
determinations as may be necessary with regard to the functions 
transferred by section 105, and may make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this 
title. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.
    (g) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        title, the transfer pursuant to this title of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for one year after the date of transfer of such employee under 
        this title.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this title, any person who, on the day preceding 
        the date of the transfers of functions under section 105, held 
        a position compensated in accordance with the Executive 
        Schedule prescribed in chapter 53 of title 5, United States 
        Code, and who, without a break in service, is appointed in the 
        Agency to a position having duties comparable to the duties 
        performed immediately preceding such appointment shall continue 
        to be compensated in such new position at not less than the 
        rate provided for such previous position, for the duration of 
        the service of such person in such new position.

SEC. 107. SAVINGS PROVISIONS.

    (a) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) which have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under section 105; and
                    (B) which are in effect on the date of the 
                transfers of functions under section 105, or were final 
                before such date and are to become effective on or 
                after such date, shall continue in effect according to 
                their terms until modified, terminated, superseded, set 
                aside, or revoked in accordance with law by the 
                President, the Administrator, or other authorized 
                official, a court of competent jurisdiction, or by 
                operation of law.
            (2) Proceedings not affected.--The provisions of this title 
        shall not affect any proceedings, including notices of proposed 
        rulemaking, or any application for any license, permit, 
        certificate, or financial assistance pending before the Agency 
        on the date of the transfers of functions under section 105, 
        with respect to functions transferred by section 105, but such 
        proceedings and applications shall continue. Orders shall be 
        issued in such proceedings, appeals shall be taken therefrom, 
        and payments shall be made pursuant to such orders, as if this 
        title had not been enacted, and orders issued in any such 
        proceedings shall continue in effect until modified, 
        terminated, superseded, or revoked by a duly authorized 
        official, by a court of competent jurisdiction, or by operation 
        of law. Nothing in this paragraph shall be deemed to prohibit 
        the discontinuance or modification of any such proceeding under 
        the same terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if this 
        title had not been enacted.
            (3) Suits not affected.--The provisions of this title shall 
        not affect suits commenced before the date of the transfers of 
        functions under section 105, and in all such suits, proceedings 
        shall be had, appeals taken, and judgments rendered in the same 
        manner and with the same effect as if this title had not been 
        enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Agency, or by or against 
        any individual in the official capacity of such individual as 
        an officer of the Agency, shall abate by reason of the 
        enactment of this title.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Agency 
        relating to a function transferred under section 105 may be 
        continued by the Agency with the same effect as if this title 
        had not been enacted.
    (b) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department, agency, or office from which a function 
is transferred by section 105--
            (1) to the head of such department, agency, or office is 
        deemed to refer to the head of the department, agency, or 
        office to which such function is transferred; or
            (2) to such department, agency, or office is deemed to 
        refer to the department, agency, or office to which such 
        function is transferred.

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

    (a) Evacuation Plans and Exercises.--Section 512(c) of the Homeland 
Security Act of 2002 (6 U.S.C. 321a(c)) is amended by striking 
``Administrator'' each place it appears and inserting ``Secretary''.
    (b) Assistant Secretary for Cybersecurity and Communications; 
National Operations Center.--Sections 514 and 515 of such Act (6 U.S.C. 
321c and 321d) are amended to read as follows:

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

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

``SEC. 515. NATIONAL OPERATIONS CENTER.

    ``(a) Definition.--In this section, the term `situational 
awareness' means information gathered from a variety of sources that, 
when communicated to emergency managers and homeland security 
decisionmakers, can form the basis for homeland security 
decisionmaking.
    ``(b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
            ``(1) provide situational awareness and a common operating 
        picture for the entire Federal Government, and for State, 
        local, and tribal governments as appropriate, for homeland 
        security purposes; and
            ``(2) ensure that critical homeland security information 
        reaches government decisionmakers.
    ``(c) FEMA Authority.--Nothing in this section shall be construed 
to provide to the National Operations Center any authority that 
overlaps with the authority of the Administrator of the Federal 
Emergency Management Agency, except to the extent necessary to 
coordinate the activities or information of the National Operations 
Center with the Federal Emergency Management Agency.''.
    (c) Chief Medical Officer.--Section 516 of such Act of 2002 (6 
U.S.C. 321e) is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``natural disasters, acts of terrorism, and 
                other man-made disasters'' and inserting ``homeland 
                security''; and
                    (B) in paragraph (4) by inserting ``the Federal 
                Emergency Management Agency,'' after ``the Department 
                of Veterans Affairs,''; and
            (2) by adding at the end the following:
    ``(d) FEMA Authority.--Nothing in this section shall be construed 
to provide to the Chief Medical Officer any authority that overlaps 
with the authority of the Administrator of the Federal Emergency 
Management Agency, except to the extent necessary to coordinate 
activities or information with the Federal Emergency Management 
Agency.''.
    (d) Repeals.--The following provisions of such Act (6 U.S.C. 101 et 
seq.) are repealed:
            (1) Section 501.
            (2) Section 503.
            (3) Section 504.
            (4) Section 505.
            (5) Section 506.
            (6) Section 507.
            (7) Section 508.
            (8) Section 509.
            (9) Section 510.
            (10) Section 513.
            (11) Section 517.
            (12) Section 519.
    (e) Redesignations.--Sections 502, 511, 512, 514, 515, 516, 518, 
520, 521, 522, 523, and 524 of such Act of 2002 (6 U.S.C. 312, 321, 
321a, 321c, 321d, 321e, 321f, 321g, 321i, 321j, 321k, 321l, and 321m) 
are redesignated as sections 501 through 512, respectively.
    (f) Title Heading.--The heading for title V of such Act is amended 
by striking ``NATIONAL EMERGENCY MANAGEMENT'' and inserting ``OTHER 
OFFICES AND FUNCTIONS''.
    (g) Table of Contents.--The table of contents contained in section 
1(b) of such Act is amended by striking the items relating to title V 
and inserting the following:

                 ``TITLE V--OTHER OFFICES AND FUNCTIONS

``Sec. 501. Definition.
``Sec. 502. The National Infrastructure Simulation and Analysis Center.
``Sec. 503. Evacuation plans and exercises.
``Sec. 504. Assistant Secretary for Cybersecurity and Communications.
``Sec. 505. National Operations Center.
``Sec. 506. Chief Medical Officer.
``Sec. 507. Conduct of certain public health-related activities.
``Sec. 508. Use of commercially available technology, goods, and 
                            services.
``Sec. 509. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 510. Model standards and guidelines for critical infrastructure 
                            workers.
``Sec. 511. Guidance and recommendations.
``Sec. 512. Voluntary private sector preparedness accreditation and 
                            certification program.''.

SEC. 109. HOMELAND SECURITY GRANTS.

    (a) Urban Area Security Initiative.--Section 2003(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 604(a)) is amended striking 
``preventing, preparing for, protecting against, and responding to'' 
and inserting ``preventing and protecting against''.
    (b) State Homeland Security Grant Program.--Section 2004 of such 
Act (6 U.S.C. 605) is amended--
            (1) in subsection (a) by striking ``preventing, preparing 
        for, protecting against, and responding to'' and inserting 
        ``preventing and protecting against'';
            (2) in subsection (c)(3) by striking ``to prevent, prepare 
        for, protect against, or respond to'' and inserting ``to 
        prevent or protect against''; and
            (3) in subsection (d)(1) by striking ``to prevent, prepare 
        for, protect against, and respond to'' and inserting ``to 
        prevent and protect against''.
    (c) Grants to Directly Eligible Tribes.--Section 2005(h) of such 
Act (6 U.S.C. 606(h)) is amended by striking ``preventing, preparing 
for, protecting against, and responding to'' and inserting ``preventing 
and protecting against''.
    (d) Terrorism Prevention.--Section 2006(b)(4)(A) of such Act (6 
U.S.C. 607(b)(4)(A)) is amended by striking ``preventing, preparing 
for, protecting against, and responding to natural disasters, acts of 
terrorism, and other man-made disasters within the United States'' and 
inserting ``preventing and protecting against acts of terrorism within 
the United States''.
    (e) Prioritization.--Section 2007(a) of such Act (6 U.S.C. 608(a)) 
is amended--
            (1) in paragraph (1)(H) by striking ``respond to'' and 
        inserting ``address''; and
            (2) in paragraphs (1)(J)(i) and (2) by striking ``to 
        prevent, prepare for, protect against, and respond to'' and 
        inserting ``to prevent and protect against''.
    (f) Use of Funds.--Section 2008 of such Act (6 U.S.C. 609) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``preventing, preparing for, protecting 
                against, and responding to'' and inserting ``preventing 
                and protecting against''; and
                    (B) in paragraph (12) by inserting before the 
                semicolon at the end the following: ``, except to the 
                extent that such activities are inconsistent with the 
                FEMA Independence Act of 2009 (including the amendments 
                made by that Act)''; and
            (2) in subsections (b)(4)(B)(i) and (d)(2) by striking 
        ``preventing, preparing for, protecting against, or responding 
        to'' and inserting ``preventing or protecting against''.
    (g) Administration and Coordination.--Section 2021 of such Act (6 
U.S.C. 611) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Regional Coordination.--The Secretary shall ensure that--
            ``(1) all recipients of grants administered by the 
        Department to prevent and protect against acts of terrorism 
        coordinate, as appropriate, their prevention and protection 
        efforts with neighboring State, local, and tribal governments; 
        and
            ``(2) all high-risk urban areas and other recipients of 
        grants administered by the Department to prevent and protect 
        against acts of terrorism that include or substantially affect 
        parts or all of more than 1 State coordinate, as appropriate, 
        across State boundaries, including, where appropriate, through 
        the use of regional working groups and requirements for 
        regional plans.''; and
            (2) in subsection (d)(1) by striking ``Department'' and 
        inserting ``Federal Government''.
    (h) Accountability.--
            (1) Audits of grant programs.--Section 2022(a) of such Act 
        (6 U.S.C. 612(a)) is amended--
                    (A) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Not less than once every 2 
                years, the Secretary shall conduct, for each State and 
                high-risk urban area receiving a grant administered by 
                the Department, a programmatic and financial review of 
                all grants awarded by the Department to prevent or 
                protect against acts of terrorism.''; and
                            (ii) in subparagraph (B) by striking ``to 
                        prevent, prepare for, protect against, and 
                        respond to natural disasters, acts of 
                        terrorism, and other man-made disasters'' and 
                        inserting ``to prevent and protect against acts 
                        of terrorism''; and
                    (B) in paragraph (3)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--In order to ensure the effective 
                and appropriate use of grants administered by the 
                Department, the Inspector General of the Department 
                each year shall conduct audits of a sample of States 
                and high-risk urban areas that receive grants 
                administered by the Department to prevent or protect 
                against acts of terrorism.''; and
                            (ii) in subparagraph (D)(ii)(IV) by 
                        striking ``to prevent, prepare for, protect 
                        against, and respond to natural disasters, acts 
                        of terrorism and other man-made disasters'' and 
                        inserting ``to prevent and protect against acts 
                        of terrorism''.
            (2) Administration of grants.--Section 2022 of such Act (6 
        U.S.C. 612) is amended by adding at the end the following:
    ``(d) Administration of Grants.--The Secretary may request the 
Administrator to continue to support the administration of any grant 
authorized by this title.''.
    (i) References to Administrator.--Title XX of such Act (6 U.S.C. 
601 et seq.) is amended--
            (1) in section 2002(a) by striking ``, through the 
        Administrator,'';
            (2) in section 2021(c)(1) by striking ``(acting through the 
        Administrator)'';
            (3) in the subparagraph heading for section 2022(a)(3)(F) 
        by striking ``administrator'' and inserting ``secretary'';
            (4) in the subsection heading for section 2022(c) by 
        striking ``by the Administrator'' ; and
            (5) by striking ``Administrator'' each place it appears and 
        inserting ``Secretary'', except in--
                    (A) section 2001(1);
                    (B) section 2006(b)(4)(F);
                    (C) section 2006(b)(5);
                    (D) section 2022(b)(2); and
                    (E) section 2022(c)(1).

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

    (a) Mission.--Section 101(b)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 111(b)(1)) is amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (C) through (G), respectively; and
            (3) in subparagraph (C) (as so redesignated) by striking 
        ``, including'' and all that follows before the semicolon at 
        the end.
    (b) Secretary; Functions.--Section 102 of such Act (6 U.S.C. 112) 
is amended--
            (1) by adding at the end of subsection (c) the following:
``Nothing in this subsection may be construed to interfere with the 
role of the Administrator of the Federal Emergency Management 
Agency.''; and
            (2) in subsection (f)--
                    (A) in paragraph (4)--
                            (i) by inserting ``and'' at the end of 
                        subparagraph (A);
                            (ii) by striking ``and'' at the end of 
                        subparagraph (B); and
                            (iii) by striking subparagraph (C);
                    (B) by striking paragraph (8); and
                    (C) by redesignating paragraphs (9), (10), and (11) 
                as paragraphs (8), (9), and (10), respectively.
    (c) Other Officers.--Section 103(a) of such Act (6 U.S.C. 113(a)) 
is amended--
            (1) by striking paragraph (4); and
            (2) by redesignating paragraphs (5) through (10) as 
        paragraphs (4) through (9), respectively.
    (d) Authority To Issue Warnings.--Section 214(g) of such Act (6 
U.S.C. 133(g)) is amended by adding at the end the following:
``Nothing in this subsection may be construed to limit or otherwise 
affect the authority of the President or the Administrator of the 
Federal Emergency Management Agency under section 202 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5132).''.
    (e) Enhancement of Non-Federal Cybersecurity.--Section 223 of such 
Act (6 U.S.C. 143) is amended by striking ``Under Secretary for 
Emergency Preparedness and Response'' each place it appears and 
inserting ``Administrator of the Federal Emergency Management Agency''.
    (f) Coordination With Federal Emergency Management Agency.--
            (1) In general.--Title II of such Act (6 U.S.C. 121 et 
        seq.) is amended by adding at the end the following:

  ``Subtitle E--Consultation With Federal Emergency Management Agency

``SEC. 241. DUTY TO CONSULT.

    ``In carrying out this title, the Secretary shall consult, as 
appropriate, with the Administrator of the Federal Emergency Management 
Agency.

``SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION.

    ``Nothing in this title may be construed to limit or otherwise 
affect the authority of the Administrator of the Federal Emergency 
Management Agency.''.
            (2) Clerical amendment.--The table of contents contained in 
        section 1(b) of such Act is amended by adding at the end of the 
        items relating to title II the following:

  ``Subtitle E--Consultation With Federal Emergency Management Agency

``Sec. 241. Duty to consult.
``Sec. 242. Limitation on statutory construction.''.
    (g) Office for Domestic Preparedness.--Section 430 of such Act (6 
U.S.C. 238), and the item relating to that section in the table of 
contents contained in section 1(b) of such Act, are repealed.
    (h) Quadrennial Homeland Security Review.--Section 707 of such Act 
(6 U.S.C. 347) is amended--
            (1) in subsection (a)(3)(A) by inserting ``the 
        Administrator of the Federal Emergency Management Agency,'' 
        after ``the Secretary of Agriculture,'';
            (2) in subsection (b)(1) by striking ``, the National 
        Response Plan,''; and
            (3) in subsection (c)(2)(G) by striking ``and preparing for 
        emergency response to threats to national homeland security''.
    (i) Coordination With Department of Health and Human Services Under 
Public Health Service Act.--Section 887 of such Act (6 U.S.C. 467) is 
amended--
            (1) in subsection (a) by inserting before the period at the 
        end the following: ``and section 202(b) of the FEMA 
        Independence Act of 2009''; and
            (2) in subsections (b)(2) and (b)(3) by inserting ``the 
        Federal Emergency Management Agency,'' after ``the Department 
        of Homeland Security,''.
    (j) Membership of National Homeland Security Council.--Section 
903(a) of such Act (6 U.S.C. 493(a)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following:
            ``(6) The Administrator of the Federal Emergency Management 
        Agency.''.

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

    (a) Surge Capacity Force.--Section 624 of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 711) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Secretary'' and inserting 
                ``Administrator''; and
                    (B) by striking ``of the Department''; and
            (2) in subsections (c)(1) and (c)(2) by striking ``section 
        510 of the Homeland Security Act of 2002, as amended by this 
        Act,'' and inserting ``section 203 of the FEMA Independence Act 
        of 2009''.
    (b) Improvements to Information Technology Systems.--Section 640(a) 
of such Act (6 U.S.C. 727(a)) is amended by striking ``, in 
coordination with the Chief Information Officer of the Department,''.
    (c) Definitions.--Section 641 of such Act (6 U.S.C. 741) is amended 
in paragraphs (2) and (14) by striking ``section 501 of the Homeland 
Security Act of 2002 (6 U.S.C. 311)'' and inserting ``section 203 of 
the FEMA Independence Act of 2009''.
    (d) Federal Response Capability Inventory.--Section 651 of such Act 
(6 U.S.C. 751) is amended in paragraphs (2) and (3) of subsection (b) 
by striking ``section 510 of the Homeland Security Act of 2002 (6 
U.S.C. 320)'' and inserting ``section 203 of the FEMA Independence Act 
of 2009''.
    (e) Federal Preparedness.--Section 653(a)(2) of such Act (6 U.S.C. 
753(a)(2)) is amended by striking ``section 510 of the Homeland 
Security Act of 2002 (6 U.S.C. 320)'' and inserting ``section 203 of 
the FEMA Independence Act of 2009''.
    (f) National Disaster Recovery Strategy.--Section 682(a) of such 
Act (6 U.S.C. 771(a)) is amended by inserting ``the Secretary,'' after 
``the Department of the Interior,''.
    (g) Individuals With Disabilities.--Section 689(a) of such Act (6 
U.S.C. 773(a)) is amended by striking ``section 513 of the Homeland 
Security Act of 2002, as added by this Act'' and inserting ``section 
204 of the FEMA Independence Act of 2009''.
    (h) Limitations on Tiering of Subcontractors.--Section 692 of such 
Act (6 U.S.C. 792)--
            (1) in subsections (a) and (b) by striking ``Secretary'' 
        and inserting ``Administrator''; and
            (2) in subsection (c) by striking ``Department'' and 
        inserting ``Agency''.
    (i) Limitation on Length of Certain Noncompetitive Contracts.--
Section 695 of such Act (6 U.S.C. 794) is amended--
            (1) in subsections (a) and (b) by striking ``Secretary'' 
        and inserting ``Administrator''; and
            (2) in subsection (c) by striking ``Department'' and 
        inserting ``Agency''.

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

    (a) Chief Financial Officer.--Section 901(b)(2) of title 31, United 
States Code, is amended by adding at the end the following:
                    ``(H) The Federal Emergency Management Agency.''.
    (b) Inspector General Act of 1978.--Section 12(1) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by striking ``Director 
of the Federal Emergency Management Agency'' and inserting 
``Administrator of the Federal Emergency Management Agency''.
    (c) Technical Corrections to References.--The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
is amended--
            (1) in section 602(a) by striking paragraph (7) and 
        inserting the following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
            (2) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                    (A) the second and fourth places it appears in 
                section 622(c); and
                    (B) in section 626(b).

SEC. 113. CHANGES TO ADMINISTRATIVE DOCUMENTS.

    Not later than 120 days after the date of enactment of this Act, 
the President shall amend Homeland Security Presidential Directive-5, 
Homeland Security Presidential Directive-8, and any other similar 
administrative document to reflect the changes made by this Act 
(including the amendments made by this Act).

SEC. 114. RECOMMENDED LEGISLATION.

    (a) In General.--After consultation with Congress, the 
Administrator shall prepare recommended legislation containing 
additional technical and conforming amendments to reflect the changes 
made by this title.
    (b) Submission to Congress.--Not later than 90 days after the last 
day of the transition period referred to in section 105(e), the 
Administrator shall submit to Congress a report containing the 
recommended legislation.

                       TITLE II--RELATED MATTERS

SEC. 201. NATIONAL ADVISORY COUNCIL.

    (a) Establishment.--The Administrator shall continue to maintain an 
advisory body to ensure effective and ongoing coordination of Federal 
preparedness, response, recovery, and mitigation for hazards, to be 
known as the National Advisory Council.
    (b) Responsibilities.--The National Advisory Council shall advise 
the Administrator on all aspects of emergency management.
    (c) Membership.--
            (1) In general.--The members of the National Advisory 
        Council shall be appointed by the Administrator, and shall, to 
        the extent practicable, represent a geographic (including urban 
        and rural) and substantive cross section of officials, 
        emergency managers, and emergency response providers from 
        State, local, and tribal governments, the private sector, and 
        nongovernmental organizations, including as appropriate--
                    (A) members selected from the emergency management 
                field and emergency response providers, including fire 
                service, law enforcement, hazardous materials response, 
                emergency medical services, and emergency management 
                personnel, or organizations representing such 
                individuals;
                    (B) health scientists, emergency and inpatient 
                medical providers, and public health professionals;
                    (C) experts from Federal, State, local, and tribal 
                governments, and the private sector, representing 
                standards-setting and accrediting organizations, 
                including representatives from the voluntary consensus 
                codes and standards development community, particularly 
                those with expertise in the emergency preparedness and 
                response field;
                    (D) State, local, and tribal government officials 
                with expertise in preparedness, response, recovery, and 
                mitigation, including Adjutants General;
                    (E) elected State, local, and tribal government 
                executives;
                    (F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                    (G) representatives of individuals with 
                disabilities and other populations with special needs; 
                and
                    (H) such other individuals as the Administrator 
                determines to be appropriate.
            (2) Coordination with the departments of health and human 
        services and transportation.--In the selection of members of 
        the National Advisory Council who are health or emergency 
        medical services professionals, the Administrator shall work 
        with the Secretary of Health and Human Services and the 
        Secretary of Transportation.
            (3) Ex officio members.--The Administrator shall designate 
        1 or more officers of the Federal Government to serve as ex 
        officio members of the National Advisory Council.
            (4) Terms of office.--The term of office of each member of 
        the National Advisory Council shall be 3 years.
    (d) Applicability of Federal Advisory Committee Act.--
            (1) In general.--Subject to paragraph (2), the Federal 
        Advisory Committee Act (5 U.S.C. App.), including subsections 
        (a), (b), and (d) of section 10 of such Act, and section 
        552b(c) of title 5, United States Code, shall apply to the 
        National Advisory Council.
            (2) Termination.--Section 14(a)(2) of the Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the National 
        Advisory Council.

SEC. 202. NATIONAL INTEGRATION CENTER.

    (a) In General.--There is established in the Agency a National 
Integration Center.
    (b) Responsibilities.--The Administrator, through the National 
Integration Center, and in consultation with other Federal departments 
and agencies and the National Advisory Council, shall ensure ongoing 
management and maintenance, including revisions as appropriate, of the 
National Incident Management System, the National Response Plan 
(including the Catastrophic Incident Annex), and any successor to such 
system or plan.
    (c) Incident Management.--
            (1) National response plan.--The Administrator shall ensure 
        that the National Response Plan provides for a clear chain of 
        command to lead and coordinate the Federal response to any 
        hazard.
            (2) Principal federal official.--The position of Principal 
        Federal Official is abolished.

SEC. 203. CREDENTIALING AND TYPING.

    (a) In General.--The Administrator shall continue to implement a 
memorandum of understanding with the administrators of the Emergency 
Management Assistance Compact, State, local, and tribal governments, 
and organizations that represent emergency response providers to 
collaborate on developing standards for deployment capabilities, 
including for credentialing and typing of incident management 
personnel, emergency response providers, and other personnel (including 
temporary personnel) and resources likely needed to respond to a 
hazard.
    (b) Distribution.--
            (1) In general.--The Administrator shall provide the 
        standards developed under subsection (a), including detailed 
        written guidance, to--
                    (A) each Federal agency that has responsibilities 
                under the National Response Plan to aid that agency 
                with credentialing and typing incident management 
                personnel, emergency response providers, and other 
                personnel (including temporary personnel) and resources 
                likely needed to respond to a hazard; and
                    (B) State, local, and tribal governments, to aid 
                such governments with credentialing and typing of 
                State, local, and tribal incident management personnel, 
                emergency response providers, and other personnel 
                (including temporary personnel) and resources likely 
                needed to respond to a hazard.
            (2) Assistance.--The Administrator shall provide expertise 
        and technical assistance to aid Federal, State, local, and 
        tribal government agencies with credentialing and typing 
        incident management personnel, emergency response providers, 
        and other personnel (including temporary personnel) and 
        resources likely needed to respond to a hazard.
    (c) Credentialing and Typing of Personnel.--Each Federal agency 
with responsibilities under the National Response Plan shall ensure 
that incident management personnel, emergency response providers, and 
other personnel (including temporary personnel) and resources likely 
needed to respond to a hazard are credentialed or typed, as 
appropriate, in accordance with this section.
    (d) Consultation on Health Care Standards.--In developing standards 
for credentialing health care professionals under this section, the 
Administrator shall consult with the Secretary of Health and Human 
Services.
    (e) Definition.--For purposes of this section, the term 
``credentialing'' means to provide documentation that identifies 
personnel and authenticates and verifies the qualifications of such 
personnel by ensuring that such personnel possess a minimum common 
level of training, experience, physical and medical fitness, and 
capability appropriate for a particular position in accordance with 
standards created under this section.

SEC. 204. DISABILITY COORDINATOR.

    (a) In General.--The Administrator shall appoint in the Agency a 
Disability Coordinator in order to ensure that the needs of individuals 
with disabilities are being properly addressed in emergency 
preparedness and disaster relief. The Disability Coordinator shall 
report directly to the Administrator.
    (b) Consultation.--The Disability Coordinator shall be appointed 
after consultation with organizations representing individuals with 
disabilities, the National Council on Disabilities, and the Interagency 
Coordinating Council on Preparedness and Individuals with Disabilities 
established under Executive Order No. 13347 (6 U.S.C. 312 note).
    (c) Transitional Provision.--The individual serving in the Agency 
as Disability Coordinator on the date of enactment of this Act may 
continue to serve in that position at the discretion of the 
Administrator.

SEC. 205. NUCLEAR INCIDENT RESPONSE.

    (a) In General.--At the direction of the Administrator (in 
connection with an actual or threatened terrorist attack, major 
disaster, or other emergency in the United States), the Nuclear 
Incident Response Team shall operate as an organizational unit of the 
Agency. While so operating, the Nuclear Incident Response Team shall be 
subject to the direction, authority, and control of the Administrator.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to limit the ordinary responsibility of the Secretary of 
Energy or the Administrator of the Environmental Protection Agency for 
organizing, training, equipping, or utilizing their respective entities 
in the Nuclear Incident Response Team, or (subject to the provisions of 
this section) from exercising direction, authority, or control over 
them when they are not operating as a unit of the Agency.

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

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

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

    ``(a) In General.--To assist urban areas to prepare for any hazard, 
the Administrator shall establish an urban area all hazards 
preparedness grant program.
    ``(b) Eligibility.--The 100 most populous metropolitan statistical 
areas, as defined by the Office of Management and Budget, shall be 
eligible to receive a grant award under this section. The Administrator 
may consider additional urban areas for a grant award based on criteria 
established by the Administrator.
    ``(c) Notification and Information.--Not later than 30 days before 
the Administrator accepts applications for the urban area all hazards 
preparedness grant program, the Administrator shall notify the chief 
elected official of each urban area and the Governor of the State in 
which such urban area is located if the urban area is eligible for a 
grant under this section and provide information regarding the 
application procedures and grant award criteria. Such notification and 
information shall also be published in the Federal Register not later 
than 15 days before the Administrator accepts applications for the 
grant program.
    ``(d) Application.--An urban area eligible under subsection (b) may 
apply to the Administrator for a grant award under this section. Such 
application shall demonstrate, to the satisfaction of the 
Administrator, that--
            ``(1) the urban area will use funds awarded under this 
        section to develop or implement activities that support the 
        emergency management goals of the State in which an urban area 
        is located; and
            ``(2) the State has reviewed the application.
    ``(e) Allocation of Funds.--
            ``(1) In general.--The Administrator shall allocate funds 
        to each State in which an urban area selected to receive a 
        grant award under this section is located based on--
                    ``(A) the population of each eligible urban area;
                    ``(B) the relative level of risk of any hazard 
                faced by each eligible urban area; and
                    ``(C) other factors as determined appropriate by 
                the Administrator.
            ``(2) Minimum allocation.--In determining the allocation 
        amount under paragraph (1), the Administrator may provide each 
        eligible urban area with a minimum allocation.
            ``(3) State distribution of funds.--
                    ``(A) In general.--Not later than 45 days after the 
                date on which a State receives a grant award under this 
                section, the State shall provide each urban area 
                awarded a grant not less than 80 percent of the award 
                amount for such area. Any funds retained by a State 
                shall be expended on items, services, or activities 
                related to emergency preparedness that benefit such 
                urban area for activities described in subsection (f).
                    ``(B) Funds retained.--A State shall provide each 
                urban area awarded such a grant with an accounting of 
                the items, services, or activities on which any funds 
                retained by the State under subparagraph (A) were 
                expended.
            ``(4) Interstate urban areas.--If an urban area selected to 
        receive a grant award under this section is located in 2 or 
        more States, the Administrator shall distribute to each such 
        State a portion of the grant funds that the Administrator 
        determines to be appropriate.
    ``(f) Uses of Funds.--An urban area that receives a grant award 
under this section may use funds only for activities determined by the 
Administrator to enhance the preparedness of an urban area for a 
hazard, and shall include--
            ``(1) planning;
            ``(2) purchase and maintenance of equipment;
            ``(3) training;
            ``(4) exercises; and
            ``(5) management and administration.
    ``(g) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue regulations to 
implement the urban area all hazards preparedness grant program under 
this section.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $525,000,000 for fiscal year 2010;
            ``(2) $575,000,000 for fiscal year 2011; and
            ``(3) $650,000,000 for fiscal year 2012.''.
                                                 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 Agency as a cabinet-level 
  independent agency in the executive branch, and for other purposes.

_______________________________________________________________________

                           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
```