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lying factors of such incidents, in a standardized 
way; 
(2) to maintain a focus that is future-looking 
and national in scope, by applying what the Board 
learns through the trends that emerge from the inci-
dents the Board reviews nationally to prevent loss of 
life, or human or economic injury, not only in the af-
fected jurisdiction, but nationally, as the Board de-
termines relevant; 
(3) in carrying out reviews, analyses, and rec-
ommendations, not to be accusatory in nature and 
the Board shall not seek to find blame in any indi-
vidual or organization, or second-guess any relevant 
authorities; 
(4) to address systemic causes behind the loss 
of life and human or economic injury in incidents, 
including by recommending the augmentation of re-
sources available to entities responsible for man-
aging incident consequences; and 
(5) while preventing economic injury as part of 
the mission of the Board, when relevant, to prioritize 
efforts that focus on lifesaving and injury preven-
tion, especially in disproportionately impacted com-
munities, as its work determines them to be. 
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SEC. 202. GENERAL AUTHORITY. 
(a) AUTHORITY TO REVIEW.— 
(1) IN GENERAL.—Subject to subsection (b), 
the Board shall review and establish the facts, cir-
cumstances, and cause or probable cause of the loss 
of life, human injury, and economic injury due to a 
natural hazard with 10 or more fatalities or that 
meets the requirements described in paragraph (5) 
or (6) of subsection (b) that occurs after the date 
of enactment of this Act. 
(2) DUE TO A NATURAL HAZARD INCIDENT DE-
FINED.—For purposes of paragraph (1), the term 
‘‘due to a natural hazard’’ means a fatality that, if 
not for the natural hazard incident, as the case may 
be, would not have occurred within the time frame 
of the incident, as defined by standards developed by 
the Board. 
(b) DETERMINATION OF WHETHER INCIDENT WAR-
RANTS BOARD REVIEW.—In carrying out subsection (a), 
the Board— 
(1) may begin the review of an incident, includ-
ing by monitoring the natural hazard and collecting 
facts, before the total number of fatalities is known 
if the Board determines that the natural hazard in-
cident has the potential to cause 10 or more fatali-
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ties at its onset, in accordance with the policies and 
procedures established by the Board; 
(2) may, by a two-thirds vote, decide that an in-
cident that caused 10 or more fatalities does not re-
quire a review and shall issue a public statement ex-
plaining the determination; 
(3) may, by a majority vote, decide to review 
any natural hazard incident that occurs after the 
date of enactment of this Act upon request from a 
representative of an affected State, Tribal govern-
ment, or unit of local government, regardless of the 
number of fatalities; 
(4) may, by a majority vote, decide to review 
any natural hazard incident that occurs after the 
date of enactment of this Act upon recommendation 
by the Office for the Protection of Disproportion-
ately Impacted Communities of the Board, which the 
Office may make because of the incident’s impacts 
on populations that are socially, medically, or eco-
nomically vulnerable, as decided by the Office; and 
(5) may, by a majority vote, decide to review a 
natural hazard incident that occurs after the date of 
enactment of this Act if— 
(A) the Board determines that information 
may be gained by the review that will be useful 
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in reducing systemic causes behind the loss of 
life and human or economic injury; and 
(B) the incident— 
(i) did not result in 10 or more fatali-
ties; and 
(ii)(I) could have resulted in a large 
number of fatalities if not for swift inter-
vention or a shift in the course of events; 
or 
(II) resulted in, as determined by the 
Board— 
(aa) a significant amount of eco-
nomic or infrastructure damage; 
(bb) significant human displace-
ment; or 
(cc) a significant number of se-
vere non-fatal injuries or cases of se-
vere illness; and 
(6) shall, by majority vote, determine whether 
each incident for which the President issues a major 
disaster declaration under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170) meets the criteria for re-
view under paragraph (5). 
(c) NATURE OF REVIEW.— 
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(1) IN
GENERAL.—In carrying out a review 
under this title, the Board shall— 
(A) conduct the review to determine the 
facts, conditions, and circumstances relating to 
the loss of life, human injury, and economic in-
jury due to an incident; 
(B) following an initial assessment of an 
incident by the Board, notify any individual or 
organization that the Board anticipates will be 
affected by the review as to the extent of the 
expected review response of the Board; 
(C) use the results of the review under 
subparagraph (A) to— 
(i) determine how and why people die 
and are injured during an incident; and 
(ii) issue recommendations to prevent 
or mitigate the loss of life, human injury, 
or economic injury due to similar incidents; 
and 
(D) report on the facts and circumstances 
of the incident review, including the pre-inci-
dent resilience or vulnerabilities of the incident 
area or population. 
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(2) GENERALIZED
NATURE
OF
REVIEWS.—A 
review of loss of life and injury conducted by the 
Board shall— 
(A) be generalized; 
(B) focus on trends across an incident; and 
(C) not aim to determine the exact indi-
vidual cause of death or injury of any affected 
people. 
(3) FACT-FINDING
PROCEEDING.—Any review 
of an incident by the Board under this title shall be 
a fact-finding proceeding with no adverse parties. 
(4) LIMITATION OF APPLICABILITY OF OTHER 
ACTS.— 
(A) ADMINISTRATIVE PROCEDURE ACT.— 
Any review proceedings of the Board under this 
title shall not be— 
(i) subject to the Administrative Pro-
cedure Act (5 U.S.C. 551 et seq.); or 
(ii) conducted for the purpose of de-
termining the rights, liabilities, or blame of 
any person, as the review is not an adju-
dicatory proceeding. 
(B) PAPERWORK REDUCTION ACT.—Chap-
ter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction 
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Act’’), shall not apply to the review proceedings 
of the Board under this title. 
(C) 
FEDERAL
ADVISORY
COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board. 
(5) INITIATING REVIEWS.—The Board shall ini-
tiate a review of an incident by monitoring the situa-
tion and assessing available facts to determine the 
appropriate review response, without interfering in 
any ongoing lifesaving and life sustaining efforts un-
derway by other entities. 
(6) ALIGNMENT AND COORDINATION.—In car-
rying out this title, the Board shall coordinate with 
Federal, State, local, and Tribal entities to— 
(A) establish or adopt standard methods of 
measuring the impacts of natural hazards and 
accessing response capacity and capabilities to 
maintain consistency and allow for the analysis 
of trends over time; 
(B) ensure that the standard data sets and 
formats necessary for reviews developed under 
subparagraph (A) are propagated among Fed-
eral, State, local, and tribal entities that may be 
involved in response operations; 
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(C) leverage, to the extent practicable, 
data collected using standard data sets and for-
mats established under subparagraph (B) by 
Federal entities involved in response operations 
to avoid any duplication of data collection; and 
(D) during incident response operations, 
coordinate with partners active in the operation 
to collect data remotely or take other actions 
that the Board finds necessary to align and co-
ordinate the requirements of the review with 
ongoing operations, including through the re-
quirements of paragraph (7). 
(7) INCIDENT COMMAND.—The Board shall— 
(A) recognize the role of incident command 
systems to address incidents; 
(B) observe the incident command system 
to identify and coordinate review needs related 
to the preservation and collection of information 
and evidence; and 
(C) shall collect information and evidence 
from the incident command in a timely and rea-
sonable manner so as not to interfere with the 
operations of the incident command. 
(8) PARTIES TO THE REVIEW.— 
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(A) PARTICIPANTS.—Subject to subpara-
graph (B), the Board may invite one or more 
entities to serve as a party in a review on a vol-
untary basis, and any party participant shall be 
required to follow all directions and instructions 
from the Board. 
(B) ELIGIBLE ENTITY.—In designating an 
entity to serve as a party under subparagraph 
(A), the Board may designate only a Federal, 
State, or local government agency or private or-
ganization whose employees, functions, activi-
ties, or products were involved in the incident, 
including responsible parties, and that can pro-
vide suitable qualified technical personnel to ac-
tively assist in the review. 
(C) REPRESENTATIVES OF ELIGIBLE ENTI-
TIES.—To the extent practicable, a representa-
tive proposed by an entity designated as a party 
under subparagraph (A) to participate in the 
review may not be an individual who had direct 
involvement in the incident under review. 
(D) REVOCATION OF PARTY STATUS.—A 
designation as a party under subparagraph (A) 
may be revoked or suspended by the Board if 
the party fails to comply with assigned duties 
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and instructions, withholds information, or oth-
erwise acts in a manner prejudicial or disrup-
tive to a review. 
(E) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to establish a 
right for any entity to participate in a Board 
review as a party. 
(F) INTERNAL REVIEW BY A PARTY.—To 
assure coordination of concurrent efforts, a 
party to a review that conducts or authorizes an 
internal review of the processes and procedures 
of the party as a result of an incident that the 
Board is reviewing shall— 
(i) inform the Board of the nature of 
the review; and 
(ii) provide to the Board findings 
from the review. 
(9) REVIEW PROCEDURES.—In addition to any 
procedures required under this title, the Board shall 
determine and publish detailed review procedures as 
the Board determines necessary. 
(10) PRODUCTS.—The Board may use any me-
dium that will effectively convey the findings and 
recommendations of the Board to the targeted audi-
ence of such findings or recommendations. 
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(d) REVIEW BY AFFECTED AUTHORITIES.— 
(1) IN GENERAL.—When the Board has com-
pleted the findings and recommendations or other 
products as a result of a review under this title, the 
Board shall provide all affected States, Tribal gov-
ernments, and units of local government, or their 
designees, an opportunity to review and comment 
not later than 30 days before the publication of the 
findings or recommendations. 
(2) REQUIREMENT.—The Board shall make 
every reasonable effort, within its discretion, to re-
spond to requests for additional information and 
context that an affected jurisdiction may make and 
to edit their findings and recommendations with any 
useful additional information or context provided by 
any affected jurisdiction in its comments without af-
fecting the integrity or independence of the review 
and its findings and recommendations, as the Board 
shall determine. 
(e) 
DISPROPORTIONATELY
IMPACTED
COMMU-
NITIES.— 
(1) IN GENERAL.—In carrying out a review of 
an incident under this section, including in deter-
mining whether to launch a review, the Board shall 
ensure the potential development of findings that 
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would benefit the prevention of loss of life and 
human or economic injury to populations that are 
socially, medically, or economically vulnerable, as de-
cided by the Board. 
(2) DATA
REQUIREMENT.—To forward the 
analysis and identification of trends of fatalities and 
injuries as a result of incidents, the Board shall pub-
lish information regarding the number of fatalities 
and injuries, and the facts and circumstances sur-
rounding them, disaggregated by race, color or eth-
nicity, religion, nationality, sex, age, disability, 
English proficiency, occupation, or economic status, 
and other demographic characteristics that the 
Board may determine appropriate. 
(f) COORDINATION WITH OTHER REVIEWS AND IN-
VESTIGATIONS.— 
(1) IN GENERAL.—Subject to the requirements 
of this section, a review of a natural hazard incident 
by the Board under subsection (a)(1) shall have pri-
ority over any investigation by another department, 
agency, or instrumentality of the Federal Govern-
ment or a State, Tribal, or local government. 
(2) PARTICIPATION BY OTHER AGENCIES.—The 
Board shall provide for appropriate participation by 
other departments, agencies, or instrumentalities in 
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a review conducted by the Board, except that an-
other department, agency, or instrumentality may 
not influence the final findings of the Board. 
(3) COORDINATION.—The Board shall coordi-
nate with all other Federal, State, Tribal, or local le-
gally mandated investigations or reviews and may 
share information with those entities, according to 
policies and procedures that the Board will provide, 
to ensure that appropriate findings and recommen-
dations to reduce loss of life, injury, and economic 
injury caused by future incidents are produced as ef-
ficiently as possible. 
(4) MEMORANDA
OF
UNDERSTANDING.—Not 
later than 1 year after the date of enactment of this 
Act, and biennially thereafter, the Chairman of the 
Board shall enter into memoranda of understanding 
with the Director of the National Institute of Stand-
ards and Technology, the Administrator of the Fed-
eral Emergency Management Agency, the Chairman 
of the Chemical Safety Board, and the Chairman of 
the National Transportation Safety Board, respec-
tively, and may enter into additional memoranda of 
understanding with any other Federal entity that re-
quests such due to the relationship that the require-
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HR 5118 RDS
ments of the Federal entity may have with the re-
quirements with the Board, in order to— 
(A) determine the appropriate roles and re-
sponsibilities of the Board with respect to the 
other agency or board; 
(B) avoid any duplication of effort; and 
(C) ensure that appropriate findings and 
recommendations to reduce loss of life, injury, 
and economic injury caused by future incidents 
are provided. 
(g) PARTICIPATION IN SUPPORT OF ANOTHER AGEN-
CY.— 
(1) IN GENERAL.— 
(A) INVESTIGATION
OF
ACTS
OF
VIO-
LENCE.—The Board may participate in an in-
vestigation of an act of violence in support of 
another Federal department or agency, or other 
Federal investigative body with statutory au-
thority to lead such an investigation, if the head 
of the lead investigative agency determines that 
the participation of the Board would be bene-
ficial to reduce the likelihood of the loss of life 
and human or economic injury, for future simi-
lar incidents. 
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(B) INVESTIGATION
OF
TECHNOLOGICAL 
INCIDENTS.— 
(i) IN
GENERAL.—The Board may 
participate in an investigation of a techno-
logical incident— 
(I) in support of another Federal 
department or agency, or other Fed-
eral investigative body with statutory 
authority to lead such an investiga-
tion, if the head of the lead investiga-
tive agency determines that the par-
ticipation of the Board would be bene-
ficial to reduce the likelihood of the 
loss of life and human or economic in-
jury, for future similar incidents; or 
(II) in the case of no statutory 
authority for another Federal depart-
ment or agency, or other Federal in-
vestigative body, to lead such an in-
vestigation, as the lead investigative 
entity. 
(ii) 
MEMORANDA
OF
UNDER-
STANDING.—Not later than 1 year after 
the date of enactment of this Act, and bi-
ennially thereafter, the Chairman of the 
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Board shall enter into memoranda of un-
derstanding with the heads of appropriate 
Federal agencies in order to— 
(I) determine the appropriate 
roles and responsibilities of the Board 
in investigating technological incidents 
with respect to the other agency; 
(II) avoid any duplication of ef-
fort; and 
(III) ensure that appropriate 
findings and recommendations to re-
duce loss of life, injury, and economic 
injury caused by future incidents are 
provided. 
(2) FINDINGS.—If the Board participates in an 
act of violence or technological incident investigation 
under subparagraph (A), the Board may issue inde-
pendent findings and recommendations notwith-
standing the outcome of any investigation conducted 
by another Federal agency or other Federal inves-
tigative body. 
(3) CRIMINAL CIRCUMSTANCES.—If the Attor-
ney General, in consultation with the Chairperson, 
determines and notifies the Board that circum-
stances reasonably indicate that the act of violence 
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HR 5118 RDS
or technological incident described in subparagraph 
(A) may have been caused by an intentional criminal 
act, the Board shall relinquish investigative priority 
to the responsible Federal law enforcement entity. 
(4) RULE
OF
CONSTRUCTION.—This section 
shall not be construed to affect the authority of an-
other department, agency, or instrumentality of the 
Federal Government to investigate an incident under 
applicable law or to obtain information directly from 
the parties involved in, and witnesses to, the inci-
dent. The Board and other departments, agencies, 
and instrumentalities shall ensure that appropriate 
information developed about the incident is ex-
changed in a timely manner. 
(h) TECHNICAL ASSISTANCE.—The Board may make 
the following types of technical assistance available to 
Federal, State, Tribal, and local government agencies and 
to private entities as designated by a Federal, State, Trib-
al, or local government agency: 
(1) INDEPENDENT REVIEW.—The Board shall 
disseminate best practices to develop disaster inves-
tigation and review capacity within State, Tribal, 
and local governments. 
(2) 
IMPLEMENTATION
OF
RECOMMENDA-
TIONS.—The Board— 
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(A) may provide technical assistance to 
any entity identified as responsible for imple-
menting 
a 
recommendation 
under 
section 
203(a)(1) to assist the entity in implementing 
the recommendation; and 
(B) to the extent possible, shall provide the 
technical assistance described in subparagraph 
(A) in coordination with technical assistance of-
fered by another Federal department or agency. 
(3) PRIORITIZATION.—In offering technical as-
sistance under this subsection, the Board shall use 
a risk-based method of prioritization, as the Board 
determines appropriate. 
(i) FINDINGS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 1 year after the date on 
which the Board initiates a review conducted under 
this section, the Board shall make the findings and 
relevant underlying data of the review available to 
the public. 
(2) EXTENSION
OF
DEADLINE.—The Chair-
person of the Board may extend the 1-year period 
described in paragraph (1) if the Chairperson, before 
the end of such 1-year period— 
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(A) provides an explanation for the exten-
sion; and 
(B) makes available to the public all avail-
able interim findings and underlying data. 
SEC. 203. RECOMMENDATIONS AND RESPONSES. 
(a) IN GENERAL.—If the Board issues a recommen-
dation about an incident, the Board shall— 
(1) explain the relationship between any rec-
ommendation and the results of a fact-finding re-
view; 
(2) identify each relevant entity responsible for 
making the change called for in the recommenda-
tion, including State, local, or private entities, as ap-
propriate; 
(3) publish any responses to the recommenda-
tion publicly; and 
(4) assess whether the responses adequately 
lower the likelihood that a future similar incident 
will result in loss of life, or human or economic in-
jury in the view of the Board. 
(b) FEDERAL RESPONSES TO RECOMMENDATIONS.— 
(1) IN GENERAL.—All Federal departments and 
agencies identified in a recommendation made by the 
Board shall reply to the recommendations not later 
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than 90 days after the date on which the rec-
ommendation is published by the Board. 
(2) RESPONSE DESCRIBED.—A response under 
paragraph (1) made by a Federal department or 
agency shall include— 
(A) whether the department or agency in-
tends to adopt the recommendation in whole, in 
part, or not at all; 
(B) an explanation of the reasons for only 
adopting the recommendation in part or not at 
all; and 
(C) a proposed timetable for completing 
the action the Federal department or agency 
has agreed to. 
(3) PROGRESS
UPDATES.—A Federal depart-
ment or agency that agrees to adopt a recommenda-
tion of the Board shall— 
(A) track the progress of the department 
or agency toward completion; and 
(B) provide an update to the Board, to be 
published publicly, periodically, and not less fre-
quently than annually. 
(c) PUBLIC AVAILABILITY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which a final determination is made on 
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a recommendation under this section, the Board 
shall make a copy of the recommendation and re-
sponse to the recommendation available to the pub-
lic. 
(2) EXTENSION
OF
DEADLINE.—The Chair-
person of the Board may extend the 1-year period 
described in paragraph (1) if the Chairperson, before 
the end of such 1-year period— 
(A) provides an explanation for the exten-
sion; and 
(B) makes available to the public any 
available interim response to the recommenda-
tion and underlying data. 
(d) DISSEMINATION.—The Board shall propagate 
each recommendation issued under this section, including 
by— 
(1) incorporating the recommendation, and any 
related findings, into training material used by Fed-
eral, State, Tribal, and private training facilities 
specializing in building resilience to and responding 
to and recovering from natural hazards, as the 
Board deems appropriate; 
(2) coordinating with professional associations 
related to building resilience to and responding to 
and recovering from natural hazards; 
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(3) collaborating with relevant Federal, State, 
and Tribal authorities and private organizations; 
and 
(4) coordinating with private and public institu-
tions of higher education and research institutions. 
SEC. 204. REPORTS AND STUDIES. 
(a) STUDIES AND OTHER REPORTS.— 
(1) IN
GENERAL.—The Board shall annually 
submit a report containing the information described 
in paragraph (2) to— 
(A) Congress; 
(B) any department, agency, or instrumen-
tality of the Federal Government concerned 
with natural hazards; 
(C) all State and Tribal governments; and 
(D) the general public. 
(2) INFORMATION
DESCRIBED.—The informa-
tion described in this paragraph is— 
(A) the results of special studies on how to 
reduce morbidity and mortality from incidents; 
(B) an examination of techniques and 
methods of evaluating measures to protect the 
public from incidents and periodically publish 
recommended procedures for reviews; 
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(C) evaluation and examination of the ef-
fectiveness of the findings of the Board about 
the natural hazard resilience of other depart-
ments, agencies, and instrumentalities of the 
Federal Government and their effectiveness in 
preventing loss of life, or human or economic 
injury; and 
(D) recommend meaningful responses to 
reduce the likelihood of loss of life, or human 
or economic injury, according to the findings of 
the above-mentioned research, including na-
tional and regional policies and programs. 
(b) BIENNIAL REPORT.—Not later than June 1, 
2023, and once every 2 years thereafter, the Board shall 
submit a report to Congress, which shall include— 
(1) a statistical and analytical summary of the 
reviews conducted and reviewed by the Board during 
the prior 2 calendar years; 
(2) a survey and summary of the recommenda-
tions made by the Board and the observed response 
to each recommendation, including the classification, 
containing a written justification and explanation of 
each recommendation as— 
(A) open, if, in the determination of the 
Board, sufficient action to fulfill the intent of 
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the recommendation has not been taken and 
still should be; 
(B) closed, if, in the determination of the 
Board, sufficient action to fulfill the intent of 
the recommendation has been taken and no fur-
ther action is necessary; and 
(C) outdated, if, in the determination of 
the Board, the recommendation is no longer rel-
evant because of any change in circumstances 
or actions by parties other than the intended 
recipient of the recommendation; 
(3) an assessment of efforts of Federal, State, 
Tribal, and local governments to respond to rec-
ommendations made by the Board, if such entities 
have voluntarily provided information to the Board 
on the progress of the entity; 
(4) a description of the training undertaken by 
the Board and its staff and persons sponsored by 
the Board; 
(5) a list of natural hazards that caused 10 or 
more fatalities that the Board did not review and a 
recommendation with justification by the Board of 
whether similar incidents should be reviewed in the 
future; 
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(6) a recommendation on how, if at all, the 
thresholds and triggers for a review by the Board 
should change; 
(7) an assessment of the sufficiency of Federal 
resources provided to State, Tribal, and local gov-
ernments in aggregate relative to any vulnerabilities 
that the Board determines the governments have; 
(8) a list of all requests for review from Gov-
ernors of States and territories and chief executives 
of Tribal governments or recommended by the office 
established under section 205(f)(2) that the Board 
rejected, including comments and recommendations 
from the Board regarding whether similar incidents 
should be reviewed in the future; and 
(9) a list of ongoing reviews that have exceeded 
the expected time allotted for completion by Board 
order and an explanation for the additional time re-
quired to complete each such review. 
(c) DISSEMINATION.—The Board shall propagate the 
information described in subsection (a)(2), including by— 
(1) incorporating the information into training 
material used by Federal, State, Tribal, and private 
training facilities specializing in building resilience 
to and responding to and recovering from natural 
hazards, as the Board deems appropriate; 
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(2) coordinating with professional associations 
related to building resilience to and responding to 
and recovering from natural hazards; 
(3) collaborating with relevant Federal, State, 
and Tribal authorities and private organizations; 
and 
(4) coordinating with private and public institu-
tions of higher education and research institutions. 
SEC. 205. APPOINTMENT AND ORGANIZATION. 
(a) APPOINTMENT OF MEMBERS.— 
(1) IN
GENERAL.—The Board shall be com-
posed of 7 members, who shall, in accordance with 
paragraph (2) and subject to paragraph (3), be ap-
pointed by the President, by and with the advice and 
consent of the Senate. 
(2) PROCEDURE.— 
(A) INITIAL APPOINTMENTS.—The Presi-
dent shall, in consultation with the National 
Academies of Sciences, Engineering, and Medi-
cine and relevant professional associations and 
leaders in the private sector, appoint the 7 
members of the Board from among a list of 14 
individuals provided by both houses of Con-
gress, of which— 
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(i) the majority leader of the Senate 
shall provide the names of 4 individuals; 
(ii) the minority leader of the Senate 
shall provide the names of 3 individuals; 
(iii) the Speaker of the House of Rep-
resentatives shall provide the names of 4 
individuals; and 
(iv) the minority leader of the House 
of Representatives shall provide the names 
of 3 individuals. 
(B) SUBSEQUENT
APPOINTMENTS.—Any 
vacancy of the Board shall be filled in the same 
manner as the original appointment. 
(3) REQUIREMENTS.—Of the 7 members ap-
pointed under paragraph (1)— 
(A) not more than 4 members may be ap-
pointed from the same political party; 
(B) all members shall be appointed on the 
basis of technical qualification, professional 
standing, and demonstrated knowledge in emer-
gency management, fire management, emer-
gency medical services, public-health, physical 
sciences, social science, behavioral science, or 
architectural and engineering with post-disaster 
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evaluation or building forensics expertise in 
their respective field; 
(C) a minimum of 2 members shall have 
experience working at the State or municipal 
level in 1 of the fields described in subpara-
graph (B); and 
(D) a minimum of 2 members shall have 
demonstrated professional experience working 
with populations that have historically been 
more vulnerable to incidents because of their 
race, color, nationality, sex, age, disability, 
English proficiency, or economic status. 
(b) TERMS OF OFFICE AND REMOVAL.— 
(1) TERM OF OFFICE.—Except as provided in 
paragraph (2), the term of office of each member 
shall be 5 years. 
(2) FILLING OF VACANCY.—An individual ap-
pointed to fill a vacancy occurring before the expira-
tion of the term for which the predecessor of that 
individual was appointed is appointed for the re-
mainder of that term. 
(3) CONTINUATION UNTIL SUCCESSOR IS AP-
POINTED.—When the term of office of a member 
ends, the member may continue to serve until a suc-
cessor is appointed and confirmed. 
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(2) POWERS.—Subject to the general policies 
and decisions of the Board, the Chairperson shall— 
(A) appoint and supervise officers and em-
ployees, other than regular and full-time em-
ployees in the immediate offices of another 
member, necessary to carry out this title; 
(B) fix the pay of officers and employees 
necessary to carry out this title; 
(C) distribute business among the officers, 
employees, and administrative units of the 
Board; and 
(D) supervise the expenditures of the 
Board. 
(e) QUORUM.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), 4 members of the Board shall constitute a 
quorum for purposes of carrying out the duties and 
powers of the Board, subject to the limitations in 
the remainder of this subsection. 
(2) PARTY LIMITATION.—Not less than 1 rep-
resentative from each party shall be present for a 
quorum to be established. 
(3) CHAIRPERSON.—Either the Chairperson or 
Vice Chairperson shall be present for a quorum to 
be established. 
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(f) OFFICES.— 
(1) IN GENERAL.—The Board shall establish 
such offices as are necessary to carry out this title, 
which may include offices responsible for— 
(A) operations; 
(B) science and methodology; 
(C) review and evaluation; 
(D) communications; 
(E) external coordination; or 
(F) technical assistance. 
(2) OFFICE
FOR
THE
PROTECTION
OF
DIS-
PROPORTIONATELY IMPACTED COMMUNITIES.— 
(A) IN GENERAL.—The Board shall estab-
lish an office to review and make recommenda-
tions to mitigate and prevent the loss of life, or 
human or economic injury for vulnerable popu-
lations, including populations that may be more 
vulnerable because of their race, color, religion, 
nationality, sex, age, disability, English pro-
ficiency, or economic status, or other demo-
graphic characteristics that the Board may de-
termine appropriate. 
(B) RESPONSIBILITIES.—The office estab-
lished under paragraph (1) shall— 
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(i) provide recommendations to the 
Board for incidents to review in accordance 
with section 202(b)(4) that do not other-
wise meet the requirements of section 
202(b); 
(ii) determine and maintain a list spe-
cific demographic, economic, social, and 
health characteristics of populations that 
historically have shown to be disproportion-
ately impacted by incidents; 
(iii) during a review conducted by the 
Board, provide research and analysis on 
how the incident impacts populations that 
the Office determines to be disproportion-
ately impacted; 
(iv) provide recommendations for each 
review conducted by the Board and for 
each report developed under section 204 on 
actions that can be taken to reduce the im-
pact to populations that are found to be 
disproportionately impacted under clause 
(ii); and 
(v) provide training, and establish 
training requirements, for Board members 
and staff in the fields of diversity, inclu-
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sion, and equity in consultation with orga-
nizations specializing in those fields. 
(3) REGIONAL OFFICES.—In establishing offices 
under this subsection, the Board may establish re-
gional offices across the United States to facilitate 
collaboration, coordination, and the dissemination of 
findings, recommendations, and best practices to 
State, Tribal, and local governments and the private 
sector in such regions as the Board determines ap-
propriate. 
(4) PURPOSE.—Each office established under 
this subsection shall enable the Board to review, re-
port on, and issue recommendations to prevent the 
loss of life, human injury, and economic injury and 
deliver technical assistance to disseminate best prac-
tices in accordance with this title. 
(g) CHIEF FINANCIAL OFFICER.—The Chairperson 
shall designate an officer or employee of the Board to 
serve as the Chief Financial Officer, who shall— 
(1) report directly to the Chairperson on finan-
cial management and budget execution; 
(2) direct, manage, and provide policy guidance 
and oversight on financial management and property 
and inventory control; and 
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(3) review the fees, rents, and other charges im-
posed by the Board for services and things of value 
it provides and suggest appropriate revisions to 
those charges to reflect costs incurred by the Board 
in providing those services and things of value. 
(h) BOARD MEMBER STAFF.— 
(1) IN GENERAL.—Each member of the Board 
shall appoint and supervise regular and full-time em-
ployees in the immediate office of the member as 
long as any such employee has been approved for 
employment by the designated agency ethics official 
under the same guidelines that apply to all employ-
ees of the Board. 
(2) DESIGNATION.—With respect to an indi-
vidual appointed under paragraph (1)— 
(A) the member of the Board making the 
appointment shall determine which grade of the 
General Schedule most closely corresponds with 
respect to the duties and functions of the posi-
tion to which the individual is appointed; and 
(B) during the period of the appoint-
ment— 
(i) the individual shall be compensated 
at the appropriate rate of pay for the 
grade of the General Schedule with respect 
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to which the determination is made under 
subparagraph (A); and 
(ii) for the purposes of title 5, United 
States Code, and the rules issued under 
that title, the individual shall be considered 
to be an employee, as that term is defined 
in section 5331(a) of title 5, United States 
Code. 
(3) LIMITATION.—Except for the Chairperson, 
the appointment authority in paragraph (1) shall be 
limited to the number of full-time equivalent posi-
tions, in addition to 1 senior professional staff posi-
tion at a level not to exceed the GS–15 level of the 
General Schedule and 1 administrative staff posi-
tion, allocated to each member of the Board through 
the annual budget and allocation process of the 
Board. 
(i) DETAILED STAFF.— 
(1) FEDERAL EMPLOYEES.— 
(A) IN
GENERAL.—Upon request of the 
Board, the head of an agency described in sub-
paragraph (B), or any other Federal depart-
ment or agency that the Board may request, 
may detail, on a reimbursable basis, any of the 
personnel of that department or agency to the 
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(x) The National Institute of Stand-
ards and Technology. 
(xi) The Government Accountability 
Office. 
(xii) The Department of the Interior, 
including the United States Geological 
Survey. 
(xiii) Any Office of the Inspector Gen-
eral. 
(xiv) The Small Business Administra-
tion. 
(xv) The Chemical Safety and Hazard 
Investigation Board. 
(xvi) The Department of Housing and 
Urban Development. 
(xvii) The Department of Agriculture. 
(2) STATE, LOCAL, TRIBAL, AND
RESEARCH 
STAFF.— 
(A) IN GENERAL.—The Board may enter 
into agreements with State, local, and Tribal 
governments and relevant nonprofit institutions 
of higher education and research institutions to 
request staff, with specialized experience that 
the Board determines relevant, to be detailed to 
the Board, on a reimbursable basis, and shall 
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consult with relevant associations and organiza-
tions of those entities in developing an efficient 
process for requesting and receiving detailed 
staff. 
(B) COMPENSATION.—The Board shall en-
sure that any staff members detailed to the 
Board under this paragraph are compensated 
equitably and shall pay differences in salaries 
based on the experience of said staff and in 
consultation with the Office of Personnel Man-
agement. 
(3) TERM OF DETAIL.—Any staff member de-
tailed to the Board under this section shall be de-
tailed for a term of 1 year and such detail may be 
extended for not more than two 1-year terms. 
(4) LIMITATIONS.—Under this subsection— 
(A) not more than 25 percent of the total 
number of staff members working for the 
Board at any time may be detailees or other-
wise nonpermanent staff; 
(B) a detailee shall serve as an adviser or 
supplemental professional staff in any office es-
tablished by the Board under subsection (g); 
and 
(C) a detailee may not— 
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(i) determine any final findings or rec-
ommendations; and 
(ii) be the sole decisionmaker in re-
view or evaluation methodologies. 
(j) SEAL.—The Board shall have a seal that shall be 
judicially recognized. 
(k) OPEN MEETINGS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Board shall be considered an agency 
for purposes of section 552b of title 5, United States 
Code. 
(2) 
NONPUBLIC
COLLABORATIVE
DISCUS-
SIONS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 552b of title 5, United States Code, a ma-
jority of the members may hold a meeting that 
is not open to public observation to discuss offi-
cial agency business, if— 
(i) no formal or informal vote or other 
official agency action is taken at the meet-
ing; 
(ii) each individual present at the 
meeting is a member or an employee of the 
Board; 
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(iii) at least 1 member of the Board 
from each political party is present at the 
meeting, if applicable; 
(iv) the General Counsel of the Board 
is present at the meeting; and 
(v) the records of the meeting, includ-
ing the names of the individuals in attend-
ance, time, place, and summary to be as 
thorough as the Board determines to be 
prudent, are posted publicly and online. 
(B) DISCLOSURE OF NONPUBLIC COLLABO-
RATIVE
DISCUSSIONS.—Except 
as 
provided 
under subparagraphs (C) and (D), not later 
than 2 business days after the conclusion of a 
meeting under subparagraph (A), the Board 
shall make available to the public, in a place 
easily accessible to the public— 
(i) a list of the individuals present at 
the meeting; and 
(ii) a summary of the matters, includ-
ing key issues, discussed at the meeting, 
except for any matter the Board properly 
determines may be withheld from the pub-
lic under section 552b(c) of title 5, United 
States Code. 
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(C) SUMMARY.—If the Board properly de-
termines a matter may be withheld from the 
public under section 552b(c) of title 5, United 
States Code, the Board shall provide a sum-
mary with as much general information as pos-
sible on each matter withheld from the public. 
(D) ACTIVE
REVIEWS.—If a discussion 
under subparagraph (A) directly relates to an 
active review, the Board shall make the disclo-
sure under subparagraph (B) on the date the 
Board adopts the final report. 
(E) PRESERVATION
OF
OPEN
MEETINGS 
REQUIREMENTS
FOR
AGENCY
ACTION.—Noth-
ing in this paragraph may be construed to limit 
the applicability of section 552b of title 5, 
United States Code, with respect to a meeting 
of the members other than that described in 
this paragraph. 
(F) STATUTORY CONSTRUCTION.—Nothing 
in this paragraph may be construed— 
(i) to limit the applicability of section 
552b of title 5, United States Code, with 
respect to any information which is pro-
posed to be withheld from the public under 
subparagraph (B)(ii); or 
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(ii) to authorize the Board to withhold 
from any individual any record that is ac-
cessible to that individual under section 
552a of title 5, United States Code. 
SEC. 206. METHODOLOGY. 
(a) IN GENERAL.—The Board shall conduct each re-
view, issue each recommendation, develop each report, and 
deliver all technical assistance authorized under this title 
using the methods that are in accordance with relevant 
professional best practices, including those by analogous 
review organizations, academia, and government and pri-
vate organizations. 
(b) REQUIRED REVIEW.—The Board shall— 
(1) review, on a regular basis, the methodolo-
gies of the Board; and 
(2) update the methodologies of the Board in 
accordance with the findings of each review con-
ducted under paragraph (1). 
(c) REQUIREMENT.—In establishing the methodolo-
gies of the Board under this section, the Board shall incor-
porate all relevant information from relevant Federal, 
State, and local entities, including past experience with 
similar incidents, exercises, risk assessments, and all other 
past research and analysis. 
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(d) TRANSPARENCY.—The Chairperson shall include 
with each review report in which a recommendation is 
issued by the Board a methodology section detailing the 
process and information underlying the selection of each 
recommendation. 
(e) ELEMENTS.—Except as provided in subsection 
(f), the methodology section under subsection (a) shall in-
clude, for each recommendation— 
(1) a brief summary of the Board’s collection 
and analysis of the specific information most rel-
evant to the recommendation; 
(2) a description of the Board’s use of external 
information, including studies, reports, and experts, 
other than the findings of a specific review, if any 
were used to inform or support the recommendation, 
including a brief summary of the specific resilience 
benefits and other effects identified by each study, 
report, or expert; and 
(3) a brief summary of actions, including im-
portant examples, taken by regulated entities before 
the publication of the recommendation, to the extent 
such actions are known to the Board, that were con-
sistent with the recommendation. 
(f) SAVINGS CLAUSE.— 
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(1) IN GENERAL.—Nothing in this section may 
be construed— 
(A) to delay publication of the findings, 
cause, or probable cause of a Board review; 
(B) to delay the issuance of an urgent rec-
ommendation that the Board has determined 
must be issued to avoid immediate death, or 
human or economic injury; or 
(C) to limit the number of examples the 
Board may consider before issuing a rec-
ommendation. 
(2) LIMITATION.—Notwithstanding paragraph 
(1), the Board shall publish the methodology re-
quired under this section not later than 30 days 
after the date on which the review is initially pub-
lished. 
SEC. 207. ADMINISTRATIVE. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Board, and when au-
thorized by the Board, a member of the Board, an 
administrative law judge employed by or assigned to 
the Board, or an officer or employee designated by 
the Chairperson, may conduct hearings to carry out 
this title, administer oaths, and require, by subpoena 
or otherwise, necessary witnesses and evidence. 
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(2) SUBPOENA AUTHORITY.—A witness or evi-
dence in a hearing under paragraph (1) of this sub-
section may be summoned or required to be pro-
duced from any place in the United States to the 
designated place of the hearing. A witness sum-
moned under this subsection is entitled to the same 
fee and mileage the witness would have been paid in 
a court of the United States. 
(3) REQUIREMENT.—A subpoena shall be 
issued under the signature of the Chairperson or the 
Chairperson’s designee, but may be served by any 
person designated by the Chairperson. 
(4) ENFORCEMENT.—If a person disobeys a 
subpoena, order, or inspection notice of the Board, 
the Board may bring a civil action in a district court 
of the United States to enforce the subpoena, order, 
or notice. An action under this paragraph may be 
brought in the judicial district in which the person 
against whom the action is brought resides, is found, 
or does business. The court may punish a failure to 
obey an order of the court to comply with the sub-
poena, order, or notice as a contempt of court. 
(b) ADDITIONAL POWERS.—The Board may— 
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(1) procure the temporary or intermittent serv-
ices of experts or consultants under section 3109 of 
title 5, United States Code; 
(2) make agreements and other transactions 
necessary to carry out this title without regard to 
subsections (b), (c), and (d) of section 6101 of title 
41, United States Code; 
(3) use, when appropriate, available services, 
equipment, personnel, and facilities of a department, 
agency, or instrumentality of the United States Gov-
ernment on a reimbursable or other basis; 
(4) confer with employees and use services, 
records, and facilities of State and local govern-
mental authorities; 
(5) appoint advisory committees composed of 
qualified private citizens and officials of the Govern-
ment and State and local governments as appro-
priate; 
(6) accept voluntary and uncompensated serv-
ices notwithstanding another law; 
(7) make contracts with private entities to carry 
out studies related to duties and powers of the 
Board; and 
(8) negotiate and enter into agreements with 
individuals and private entities and departments, 
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agencies, and instrumentalities of the Federal Gov-
ernment, State, Tribal, and local governments, and 
governments of foreign countries for the provision of 
facilities, technical services, or training in research 
theory and techniques, and require that such entities 
provide appropriate consideration for the reasonable 
costs of any facilities, goods, services, or training 
provided by the Board. 
(c) COLLECTION OF FUNDS.—The Board shall de-
posit in the Treasury of the United States amounts re-
ceived under subsection (b)(8) of this subsection to be 
credited as discretionary offsetting collections to the ap-
propriation of the Board, and shall be available only to 
the extent and in the amounts provided in advance in ap-
propriations Acts. The Board shall maintain an annual 
record of collections received under subsection (b)(8). 
(d) SUBMISSION
OF CERTAIN COPIES
TO CON-
GRESS.— 
(1) IN GENERAL.—When the Board submits to 
the President or the Director of the Office of Man-
agement and Budget a budget estimate, budget re-
quest, supplemental budget estimate, other budget 
information, a legislative recommendation, prepared 
testimony for congressional hearings, or comments 
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on legislation, the Board must submit a copy to 
Congress at the same time. 
(2) 
LIMITATION.—An 
officer, 
department, 
agency, or instrumentality of the Government may 
not require the Board to submit the estimate, re-
quest, information, recommendation, testimony, or 
comments to another officer, department, agency, or 
instrumentality of the Government for approval, 
comment, or review before being submitted to Con-
gress. 
(3) BUDGET PROCESS.—The Board shall de-
velop and approve a process for the Board’s review 
and comment or approval of documents submitted to 
the President, Director of the Office of Management 
and Budget, or Congress under this subsection. 
(e) LIAISON COMMITTEES.—The Chairperson may 
determine the number of committees that are appropriate 
to maintain effective liaison with other departments, agen-
cies, and instrumentalities of the Federal Government, 
State and local governmental authorities, and independent 
standard-setting authorities that carry out programs and 
activities related to its work. The Board may designate 
representatives to serve on or assist those committees. 
(f) INQUIRIES.—The Board, or an officer or employee 
of the Board designated by the Chairperson, may conduct 
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an inquiry to obtain information related to natural hazard 
safety after publishing notice of the inquiry in the Federal 
Register. The Board or designated officer or employee 
may require by order a department, agency, or instrumen-
tality of the Federal Government, a State, Tribal, or local 
governmental authority, or a person transporting individ-
uals or property in commerce to submit to the Board a 
written report and answers to requests and questions re-
lated to a duty or power of the Board. The Board may 
prescribe the time within which the report and answers 
must be given to the Board or to the designated officer 
or employee. Copies of the report and answers shall be 
made available for public inspection. 
(g) REGULATIONS.—The Board may prescribe regu-
lations to carry out this title. 
(h) OVERTIME PAY.— 
(1) IN GENERAL.—Subject to the requirements 
of this section and notwithstanding paragraphs (1) 
and (2) of section 5542(a) of title 5, United States 
Code, for an employee of the Board whose basic pay 
is at a rate which equals or exceeds the minimum 
rate of basic pay for GS–10 of the General Schedule, 
the Board may establish an overtime hourly rate of 
pay for the employee with respect to work performed 
in the field (including travel to or from) and other 
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work that is critical to a review in an amount equal 
to one and one-half times the hourly rate of basic 
pay of the employee. All of such amount shall be 
considered to be premium pay. 
(2) LIMITATION ON OVERTIME PAY TO AN EM-
PLOYEE.—An employee of the Board may not re-
ceive overtime pay under paragraph (1), for work 
performed in a calendar year, in an amount that ex-
ceeds 25 percent of the annual rate of basic pay of 
the employee for such calendar year. 
(3) BASIC PAY DEFINED.—In this subsection, 
the term ‘‘basic pay’’ includes any applicable local-
ity-based comparability payment under section 5304 
of title 5, United States Code (or similar provision 
of law) and any special rate of pay under section 
5305 of such title 5 (or similar provision of law). 
(4) ANNUAL REPORT.—Not later than January 
31, 2022, and annually thereafter, the Board shall 
transmit to Congress a report identifying the total 
amount of overtime payments made under this sub-
section in the preceding fiscal year, and the number 
of employees whose overtime pay under this sub-
section was limited in that fiscal year as a result of 
the 25 percent limit established by paragraph (2). 
(i) ENTRY AND INSPECTION.— 
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(1) IN GENERAL.—An officer or employee of 
the Board— 
(A) on display of appropriate credentials 
and written notice of authority, may— 
(i) enter an area where an incident 
has occurred; 
(ii) take such actions as are necessary 
to conduct a review under this section, so 
long as the actions do not interfere with 
ongoing lifesaving and life-sustaining oper-
ations; and 
(iii) during reasonable hours, inspect 
any record, including an electronic record, 
process, control, or facility related to an in-
cident under this title. 
(2) REQUIREMENT.—The Board shall use ut-
most discretion to prevent interference with ongoing 
response efforts, including by developing review pro-
cedures with input from relevant authorities nation-
wide. 
SEC. 208. DISCLOSURE, AVAILABILITY, AND USE OF INFOR-
MATION. 
(a) DISCLOSURE OF INFORMATION.— 
(1) IN GENERAL.—Except as provided in sub-
sections (b), (c), (d), and (f) of this section, a copy 
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of a record, information, or review submitted or re-
ceived by the National Disaster Safety Board, or a 
member or employee of the Board, shall be posted 
publicly. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to require the release 
of information described in section 552(b) of title 5, 
United States Code, or protected from disclosure by 
another law of the United States. 
(b) TRADE SECRETS.— 
(1) IN GENERAL.—The Board may disclose in-
formation related to a trade secret referred to in sec-
tion 1905 of title 18, United States Code, only— 
(A) to another department, agency, or in-
strumentality of the United States Government 
when requested for official use; 
(B) to a committee of Congress having ju-
risdiction over the subject matter to which the 
information is related, when requested by that 
committee; 
(C) in a judicial proceeding under a court 
order that preserves the confidentiality of the 
information without impairing the proceeding; 
and 
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(D) to the public to protect health and 
safety after giving notice to any interested per-
son to whom the information is related and an 
opportunity for that person to comment in writ-
ing, or orally in closed session, on the proposed 
disclosure, if the delay resulting from notice 
and opportunity for comment would not be det-
rimental to health and safety. 
(2) 
REQUIREMENT.—Information 
disclosed 
under paragraph (1) of this subsection may be dis-
closed only in a way designed to preserve its con-
fidentiality. 
(3) PROTECTION OF VOLUNTARY SUBMISSION 
OF INFORMATION.—Notwithstanding any other pro-
vision of law, neither the Board, nor any agency re-
ceiving information from the Board, shall disclose 
voluntarily provided safety-related information if 
that information is not related to the exercise of the 
Board’s review authority under this title and if the 
Board finds that the disclosure of the information 
would inhibit the voluntary provision of that type of 
information. 
(c) RECORDINGS AND TRANSCRIPTS.— 
(1) CONFIDENTIALITY
OF
RECORDINGS.—Ex-
cept as provided in paragraph (2), the Board may 
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fects on populations of color, communities of 
color, Tribal and Indigenous communities, and 
low-income communities. 
(3) INFORMATION RELATING TO NON-FEDERAL 
FACILITIES.—In connection with the implementation 
of Federal agency strategies under subsection (a)(3), 
each Federal agency, to the maximum extent prac-
ticable and permitted by applicable law, shall collect, 
maintain, and analyze information relating to the 
race, national origin, and income level, and other 
readily accessible and appropriate information, for 
fenceline communities in proximity to any facility or 
site expected to have a substantial environmental, 
human health, or economic effect on the surrounding 
populations, if the facility or site becomes the sub-
ject of a substantial Federal environmental adminis-
trative or judicial action. 
(4) IMPACT FROM FEDERAL FACILITIES.—Each 
Federal agency, to the maximum extent practicable 
and permitted by applicable law, shall collect, main-
tain, and analyze information relating to the race, 
national origin, and income level, and other readily 
accessible and appropriate information, for fenceline 
communities in proximity to any facility of the Fed-
eral agency that is— 
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