[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1174 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1174
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
_______________________________________________________________________
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.--
1. Short title; table of contents.
2. Definitions.
TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY
101. Establishment of independent agency.
102. Administrator; Deputy Administrator; and other officials of the
Agency.
103. Authority and responsibilities.
104. Office of the Inspector General.
105. Transfer of functions.
106. Personnel and other transfers.
107. Savings provisions.
108. Conforming and technical amendments.
109. Amendments to Homeland Security Act of 2002.
110. Recommended legislation.
TITLE II--RELATED MATTERS
201. National Advisory Council.
202. National Integration Center.
203. Credentialing and typing.
204. Disability coordinator.
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 mitigation from
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 following:
``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 mitigation
from hazards.
(3) Executive schedule.--Section 5314 of title 5, United
States Code, is amended--
(A) by striking the following:
``Deputy Administrators, the Federal Emergency Management
Agency.'';
and
(B) inserting the following:
``Deputy Administrator, the 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 weaknesses or deficiencies in preparedness,
response, recovery, and mitigation for any
State, local, and 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 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, 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 shall, at a minimum--
(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, protecting against,
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, or
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 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) The programs authorized by sections 2003 and 2004 of
the Homeland Security Act of 2002 (6 U.S.C. 604 and 605).
(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 the 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
traveltime) 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. CONFORMING AND TECHNICAL AMENDMENTS.
(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. 109. AMENDMENTS TO HOMELAND SECURITY ACT OF 2002.
(a) Evacuation Plans and Exercises.--Section 512(c) of such Act (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 decision
makers, 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 decision-makers.
``(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.--
(1) In general.--The following provisions of such Act (6
U.S.C. 101 et seq.) are repealed:
(A) Section 501.
(B) Section 503.
(C) Section 504.
(D) Section 505.
(E) Section 506.
(F) Section 507.
(G) Section 508.
(H) Section 509.
(I) Section 510.
(J) Section 513.
(K) Section 519.
(e) Redesignations.--Sections 502, 511, 512, 514, 515, 516, 517,
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 513, respectively.
(f) 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. Nuclear incident response.
``Sec. 508. Conduct of certain public health-related activities.
``Sec. 509. Use of commercially available technology, goods, and
services.
``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Model standards and guidelines for critical infrastructure
workers.
``Sec. 512. Guidance and recommendations.
``Sec. 513. Voluntary private sector preparedness accreditation and
certification program.''.
SEC. 110. RECOMMENDED LEGISLATION.
(a) In General.--After consultation with Congress, the
Administrator shall prepare recommended legislation containing
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.
(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.
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.
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