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. 
(f) OFFICES.— 
(1) IN GENERAL.—The Board shall establish 
such offices as are necessary to carry out this Act, 
which may include offices responsible for— 
(A) operations; 
(B) science and methodology; 
(C) review and evaluation; 
(D) communications; 
(E) external coordination; or 
(F) technical assistance. 
(2) OFFICE
FOR
THE
PROTECTION
OF
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-
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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— 
(i) provide recommendations to the 
Board for incidents to review in accordance 
with section 4(b)(4) that do not otherwise 
meet the requirements of section 4(b); 
(ii) determine and maintain a list 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 6 on 
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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-
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 Act. 
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(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 
(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 his or her immediate office as long as any 
such employee has been approved for employment by 
the designated agency ethics official under the same 
guidelines that apply to all employees of the Board. 
(2) DESIGNATION.—With respect to an 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 
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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 
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.— 
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(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 
Board to assist the Board in carrying out the 
duties of the Board under this Act. 
(B) RELEVANT AGENCIES.—For purposes 
of subparagraph (A), the following are agencies 
described in this subparagraph: 
(i) The Federal Emergency Manage-
ment Agency. 
(ii) The Cybersecurity and Infrastruc-
ture Security Agency of the Department of 
Homeland Security. 
(iii) The National Oceanic and Atmos-
pheric Administration, including the Na-
tional Weather Service. 
(iv) The Department of Defense, in-
cluding the Army Corps of Engineers. 
(v) The Department of Health and 
Human Services. 
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(A) IN GENERAL.—The Board may enter 
into agreements with State, local, and Tribal 
governments and relevant nonprofit institutions 
of higher education and research institutions to 
request staff, with specialized experience that 
the Board determines relevant, to be detailed to 
the Board, on a reimbursable basis, and shall 
consult with relevant associations and 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 2 1-year terms. 
(4) LIMITATIONS.—Under this subsection— 
(A) not more than 25 percent of the total 
number of staff members working for the 
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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— 
(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— 
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(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; 
(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 
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(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. 
(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. 
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(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 
(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. 8. 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 Act 
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). 
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(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. 
(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 
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(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.— 
(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. 9. ADMINISTRATIVE. 
(a) AUTHORITY.— 
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(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 Act, administer oaths, and require, by subpoena 
or otherwise, necessary witnesses and evidence. 
(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 
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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— 
(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 Act without regard to 
subsections (b), (c), and (d) of section 6101 of title 
41, United States Code; 
(3) use, when appropriate, available services, 
equipment, personnel, and facilities of a department, 
agency, or instrumentality of the United States 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; 
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(7) make contracts with private entities to carry 
out studies related to duties and powers of the 
Board; and 
(8) negotiate and enter into agreements with 
individuals and private entities and departments, 
agencies, and instrumentalities of the Federal 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 offsetting collections to the appropriation of 
the Board. The Board shall maintain an annual record 
of collections received under subsection (b)(8). 
(d) SUBMISSION
OF CERTAIN COPIES
TO 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 
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information, a legislative recommendation, prepared 
testimony for congressional hearings, or comments 
on legislation, the Board must submit a copy to 
Congress at the same time. 
(2) 
LIMITATION.—An 
officer, 
department, 
agency, or instrumentality of the Government may 
not require the Board to submit the estimate, 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. 
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