[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2202 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2202

  To provide for the establishment of a private, nonprofit entity to 
 assist the Government in providing disaster assistance, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2012

  Mr. Inouye introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for the establishment of a private, nonprofit entity to 
 assist the Government in providing disaster assistance, 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 DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Preparedness and 
Resilience Foundation Act''.
    (b) Definitions.--In this Act--
            (1) the term ``Foundation'' means the Preparedness and 
        Resilience Foundation established under this Act;
            (2) the terms ``Board'' and ``Chair'' mean the board of 
        directors of the Foundation and the Chair of the board of 
        directors, respectively;
            (3) the terms ``Department'' and ``Secretary'' mean the 
        Department of Homeland Security and the Secretary of Homeland 
        Security, respectively;
            (4) the term ``Fund'' means the Endowment Fund established 
        under this Act;
            (5) the terms ``FEMA'' and ``Administrator'' mean the 
        Federal Emergency Management Agency and the Administrator 
        thereof, respectively; and
            (6) the term ``Director'' means the executive director of 
        the Foundation appointed under this Act.

SEC. 2. ESTABLISHMENT AND DUTIES OF THE FOUNDATION.

    (a) In General.--There is established in accordance with this 
section a nonprofit private corporation to be known as the 
``Preparedness and Resilience Foundation''. The Foundation shall not be 
an agency or instrumentality of the Federal Government, and officers, 
employees, and members of the board of directors of the Foundation 
shall not be officers or employees of the Federal Government.
    (b) Purpose of the Foundation.--The purpose of the Foundation shall 
be to support and carry out activities that promote the resilience of 
individuals, communities, structures, and systems against natural 
disasters and terrorist attacks and other human caused disasters, and 
that build and sustain the capabilities of the public, private, and 
civic sectors to work together to prepare for, prevent, protect 
against, respond to, recover from, and mitigate all such hazards.
    (c) Endowment Fund.--
            (1) In general.--In carrying out subsection (b), the 
        Foundation shall establish an Endowment Fund for providing 
        endowments for positions that are associated with FEMA and 
        dedicated to the purpose described in subsection (b). The Fund 
        shall consist of such donations as may be provided by non-
        Federal entities and such non-Federal assets of the Foundation 
        (including earnings of the Foundation and the fund) as the 
        Foundation may elect to transfer to the Fund.
            (2) Authorized expenditures of the fund.--The provision of 
        funding and assistance under paragraph (1) shall be the 
        exclusive function of the Fund. Such funds may be expended only 
        for the compensation of individuals holding positions endowed 
        by the Fund, for staff, equipment, quarters, travel, and other 
        expenditures that are appropriate in supporting the positions 
        endowed by the Fund, and for recruiting individuals to hold the 
        positions endowed by the Fund.
    (d) Certain Activities of the Foundation.--In carrying out 
subsection (b), the Foundation may provide for, with respect to the 
purpose described in subsection (b)--
            (1) programs of fellowships among State, local, and tribal 
        officials to work and study in association with each other and 
        FEMA or the Department;
            (2) programs of international arrangements to provide 
        opportunities for officials of other countries engaged in 
        preparedness or resilience programs and activities to serve in 
        voluntary or reciprocal capacities in the United States in 
        association with FEMA or the Department, or opportunities for 
        employees of FEMA (or other Federal officials in the United 
        States) to serve in such capacities in other countries, or 
        both;
            (3) studies, projects, and research (which may include 
        applied research on the effectiveness of prevention activities, 
        demonstration projects, and programs and projects involving 
        international, Federal, State, local, and tribal governments, 
        private sector, or non-governmental organizations);
            (4) forums for government officials and appropriate private 
        entities to exchange information, participation in which may 
        include institutions of higher education and appropriate 
        international or non-governmental organizations;
            (5) meetings, conferences, courses, and training workshops;
            (6) programs to improve the collection and analysis of data 
        on preparedness and resilience programs, practices, activities, 
        and events;
            (7) programs for writing, editing, printing, and publishing 
        of books and other materials; and
            (8) other activities to carry out the purpose described in 
        subsection (b).
    (e) General Structure of Foundation; Nonprofit Status.--
            (1) Board of directors.--The Foundation shall have a board 
        of directors, which shall be established and conducted in 
        accordance with subsection (f). The Board shall establish the 
        general policies of the Foundation for carrying out subsection 
        (b), including the establishment of the bylaws of the 
        Foundation.
            (2) Executive director.--The Foundation shall have an 
        executive director, who shall be appointed by the Board, who 
        shall serve at the pleasure of the Board, and for whom the 
        Board shall establish the rate of compensation. Subject to 
        compliance with the policies and bylaws established by the 
        Board pursuant to paragraph (1), the Director shall be 
        responsible for the daily operations of the Foundation.
            (3) Nonprofit status.--In carrying out subsection (b), the 
        Board shall establish such policies and bylaws under paragraph 
        (1), and the Director shall carry out such activities under 
        paragraph (2), as may be necessary to ensure that the 
        Foundation maintains status as an organization that--
                    (A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); 
                and
                    (B) is, under section 501(a) of such Code, exempt 
                from taxation.
    (f) Board of Directors.--
            (1) Certain bylaws.--In establishing bylaws under 
        subsection (e)(1), the Board shall ensure that the bylaws of 
        the Foundation--
                    (A) include policies for--
                            (i) the selection of the officers, 
                        employees, agents, and contractors of the 
                        Foundation;
                            (ii) the acceptance and disposition of 
                        donations to the Foundation and for, the 
                        disposition of the assets of the Foundation, 
                        including ethical standards;
                            (iii) the conduct of the general operations 
                        of the Foundation; and
                            (iv) writing, editing, printing, and 
                        publishing of books and other materials, and 
                        the acquisition of patents and licenses for 
                        devices and procedures developed by the 
                        Foundation; and
                    (B) do not, including with respect to the 
                activities carried out under the bylaws--
                            (i) reflect unfavorably upon the ability of 
                        the Foundation or FEMA to carry out its 
                        responsibilities or official duties in a fair 
                        and objective manner; or
                            (ii) compromise, or appear to compromise, 
                        the integrity of any governmental program or 
                        any officer or employee involved in such a 
                        program.
            (2) Composition.--The Board--
                    (A) subject to subparagraph (B), shall be composed 
                of 7 individuals, appointed in accordance with 
                paragraph (4), who--
                            (i) collectively possess education or 
                        experience appropriate for representing the 
                        general field of emergency management, 
                        preparedness, or resilience, and the general 
                        public; and
                            (ii) each shall be a voting member of the 
                        Board; and
                    (B) may, through amendments to the bylaws of the 
                Foundation, provide that the number of members of the 
                Board shall be a greater number than the number 
                specified in subparagraph (A).
            (3) Chair.--The Board shall, from among the members of the 
        Board, designate an individual to serve as the chair of the 
        Board.
            (4) Appointments, vacancies, and terms.--Subject to 
        subsection (j), the following shall apply to the Board:
                    (A) Vacancies.--Any vacancy in the membership of 
                the Board shall be filled by appointment by the Board, 
                after consideration of suggestions made by the Chair 
                and the Director regarding the appointment. Any such 
                vacancy shall be filled not later than the expiration 
                of the 180-day period beginning on the date on which 
                the vacancy occurs.
                    (B) Term of office.--The term of office of each 
                member of the Board appointed under subparagraph (A) 
                shall be 5 years. A member of the Board may continue to 
                serve after the expiration of the term of the member 
                until the expiration of the 180-day period beginning on 
                the date on which the term of the member expires.
                    (C) Vacancy does not affect authority.--A vacancy 
                in the membership of the Board shall not affect the 
                power of the Board to carry out the duties of the 
                Board. If a member of the Board does not serve the full 
                term applicable under subparagraph (B), the individual 
                appointed to fill the resulting vacancy shall be 
                appointed for the remainder of the subject term.
            (5) Compensation.--Members of the Board may not receive 
        compensation for service on the Board. The members may be 
        reimbursed for travel, subsistence, and other necessary 
        expenses incurred in carrying out the duties of the Board.
    (g) Certain Responsibilities of the Executive Director.--The 
Director shall--
            (1) hire, promote, compensate, and discharge officers and 
        employees of the Foundation, and define the duties of the 
        officers and employees;
            (2) accept and administer donations to the Foundation, and 
        administer the assets of the Foundation;
            (3) establish a process for the selection of candidates for 
        holding endowed positions under subsection (c);
            (4) enter into such financial agreements as are appropriate 
        in carrying out the activities of the Foundation;
            (5) take such action as may be necessary to acquire patents 
        and licenses for devices and procedures developed by the 
        Foundation and the employees of the Foundation;
            (6) adopt, alter, and use a corporate seal, which shall be 
        judicially noticed;
            (7) commence and respond to judicial proceedings in the 
        name of the Foundation; and
            (8) exercise such other functions as are appropriate, in 
        the determination of the Director.
    (h) General Provisions.--
            (1) Authority for accepting funds.--The Administrator of 
        FEMA may accept and utilize, on behalf of the Federal 
        Government, any gift, donation, bequest, or devise of real or 
        personal property from the Foundation for the purpose of aiding 
        or facilitating the work of FEMA. Funds may be accepted and 
        utilized by the Administrator without regard to whether the 
        funds are designated as general-purpose funds or special-
        purpose funds.
            (2) Authority for acceptance of voluntary services.--
                    (A) In general.--The Administrator of FEMA may 
                accept, on behalf of the Federal Government, any 
                voluntary services provided by the Foundation for the 
                purpose of aiding or facilitating the work of the 
                Federal Government. In the case of an individual, such 
                Administrator may accept the services provided under 
                this subparagraph by the individual until such time as 
                the private funding for such individual ends.
                    (B) Clarification.--The limitation established in 
                subparagraph (A) regarding the period of time in which 
                services may be accepted applies to each individual who 
                is not an employee of the Federal Government and who 
                serves in association with FEMA pursuant to financial 
                support from the Foundation.
            (3) Administrative control.--No officer, employee, or 
        member of the Board may exercise any administrative or 
        managerial control over any Federal employee.
            (4) Applicability of certain standards to non-federal 
        employees.--In the case of any individual who is not an 
        employee of the Federal Government and who serves in 
        association with FEMA pursuant to financial support from the 
        Foundation, the Foundation shall negotiate a memorandum of 
        understanding with the individual and the Administrator of FEMA 
        specifying that the individual--
                    (A) shall be subject to the ethical and procedural 
                standards regulating Federal employment, scientific 
                investigation, and research findings (including 
                publications and patents) that are required of 
                individuals employed by FEMA, including standards under 
                this Act, the Ethics in Government Act, and the 
                Technology Transfer Act; and
                    (B) shall be subject to such ethical and procedural 
                standards under chapter 11 of title 18, United States 
                Code (relating to conflicts of interest), as the 
                Administrator of FEMA determines is appropriate, except 
                that such memorandum may not provide that the 
                individual shall be subject to the standards of section 
                209 of such chapter (18 U.S.C. 209).
            (5) Financial conflicts of interest.--Any individual who is 
        an officer, employee, or member of the Board may not directly 
        or indirectly participate in the consideration or determination 
        by the Foundation of any question affecting--
                    (A) any direct or indirect financial interest of 
                the individual; or
                    (B) any direct or indirect financial interest of 
                any business organization or other entity of which the 
                individual is an officer or employee or in which the 
                individual has a direct or indirect financial interest.
            (6) Audits; availability of records.--The Foundation 
        shall--
                    (A) provide for biennial audits of the financial 
                condition of the Foundation; and
                    (B) make such audits, and all other records, 
                documents, and other papers of the Foundation, 
                available to the Secretary and the Comptroller General 
                of the United States for examination or audit.
            (7) Reports.--
                    (A) Annual reports.--
                            (i) In general.--Not later than February 1 
                        of each fiscal year, the Foundation shall 
                        publish a report describing the activities of 
                        the Foundation during the preceding fiscal 
                        year.
                            (ii) Content.--Each such report required 
                        under this paragraph shall include for the 
                        fiscal year involved a comprehensive statement 
                        of the operations, activities, financial 
                        condition, and accomplishments of the 
                        Foundation, including--
                                    (I) an accounting of the use of 
                                amounts provided for under subsection 
                                (i); and
                                    (II) an explanation of how such 
                                funding has enhanced, and not 
                                supplanted, FEMA core missions.
                    (B) Specific details.--With respect to the 
                financial condition of the Foundation, each report 
                under subparagraph (A) shall include the source, and a 
                description of, all gifts to the Foundation of real or 
                personal property, and the source and amount of all 
                gifts to the Foundation of money. Each such report 
                shall include a specification of any restrictions on 
                the purposes for which gifts to the Foundation may be 
                used.
                    (C) Availability of reports.--The Foundation shall 
                make copies of each report submitted under subparagraph 
                (A) available--
                            (i) for public inspection, and shall upon 
                        request provide a copy of the report to any 
                        individual for a charge not to exceed the cost 
                        of providing the copy; and
                            (ii) to the appropriate committees of 
                        Congress.
            (8) Liaison from the federal emergency management agency.--
        The Administrator of FEMA shall serve as the liaison 
        representative of FEMA to the Board and the Foundation.
    (i) Federal Funding.--
            (1) Authority for annual grants.--
                    (A) In general.--The Administrator of FEMA shall--
                            (i) for fiscal year 2013, make a grant to 
                        an entity described in subsection (j)(9) 
                        (relating to the establishment of a committee 
                        to establish the Foundation);
                            (ii) for fiscal year 2014, make a grant to 
                        the committee established under subsection (j), 
                        or if the Foundation has been established, to 
                        the Foundation; and
                            (iii) for fiscal year 2015, and each fiscal 
                        year thereafter, make a grant to the 
                        Foundation.
                    (B) Limitations.--A grant under subparagraph (A) 
                may be expended--
                            (i) in the case of an entity receiving the 
                        grant under subparagraph (A)(i), only for the 
                        purpose of carrying out the duties established 
                        in subsection (j)(9) for the entity;
                            (ii) in the case of the committee 
                        established under subsection (j)(9), only for 
                        the purpose of carrying out the duties 
                        established in subsection (j) for the 
                        committee; and
                            (iii) in the case of the Foundation, only 
                        for the purpose of the administrative expenses 
                        of the Foundation.
                    (C) Limit on grant uses.--A grant under 
                subparagraph (A) may not be expended to provide amounts 
                for the Fund.
                    (D) Unobligated amounts.--For the purposes 
                described in subparagraph (B)--
                            (i) any portion of the grant made under 
                        subparagraph (A)(i) for fiscal year 2013 that 
                        remains unobligated after the entity receiving 
                        the grant completes the duties established in 
                        subsection (j)(9) for the entity shall be 
                        available to the committee established under 
                        subsection (j)(9); and
                            (ii) any portion of a grant under 
                        subparagraph (A) made for fiscal year 2014 that 
                        remains unobligated after such committee 
                        completes the duties established in subsection 
                        (j)(9) for the committee shall be available to 
                        the Foundation.
            (2) Funding for grants.--For the purpose of grants under 
        paragraph (1)--
                    (A) there is authorized to be appropriated 
                $1,500,000 for each fiscal year; and
                    (B) the Administrator of FEMA may, for each fiscal 
                year, make available not less than $500,000, and not 
                more than $1,500,000 from the amounts appropriated for 
                the fiscal year for the programs of FEMA.
            (3) Certain restriction.--If the Foundation receives 
        Federal funds for the purpose of serving as a fiscal 
        intermediary between Federal agencies, the Foundation may not 
        receive such funds for the indirect costs of carrying out such 
        purpose in an amount exceeding 10 percent of the direct costs 
        of carrying out such purpose. This paragraph may not be 
        construed as authorizing the expenditure of any grant under 
        paragraph (1) for such purpose.
            (4) Support services.--The Administrator of FEMA may 
        provide facilities, utilities, and support services to the 
        Foundation if it is determined by the Administrator to be 
        advantageous to the programs of FEMA or the Department.
    (j) Committee for Establishment of Foundation.--
            (1) In general.--There is established in accordance with 
        this subsection a committee to carry out the functions 
        described in paragraph (2) (referred to in this subsection as 
        the ``Committee'').
            (2) Functions.--The functions referred to in paragraph (1) 
        for the Committee are as follows:
                    (A) To carry out such activities as may be 
                necessary to incorporate the Foundation under the laws 
                of the State involved, including serving as 
                incorporators for the Foundation. Such activities shall 
                include ensuring that the articles of incorporation for 
                the Foundation require that the Foundation be 
                established and operated in accordance with the 
                applicable provisions of this Act.
                    (B) To ensure that the Foundation qualifies for and 
                maintains the nonprofit status described in subsection 
                (e)(3).
                    (C) To establish the general policies and initial 
                bylaws of the Foundation, which bylaws shall include 
                the bylaws described in subsections (e)(3) and (f)(1).
                    (D) To provide for the initial operation of the 
                Foundation, including providing for quarters, 
                equipment, and staff.
                    (E) To appoint the initial members of the Board in 
                accordance with the requirements established in 
                subsection (f)(2)(A) for the composition of the Board, 
                and in accordance with such other qualifications as the 
                Committee may determine to be appropriate regarding 
                such composition. Of the Board members so appointed--
                            (i) 2 shall be appointed to serve for a 
                        term of 3 years;
                            (ii) 2 shall be appointed to serve for a 
                        term of 4 years; and
                            (iii) 3 shall be appointed to serve for a 
                        term of 5 years.
            (3) Completion of functions of the committee; initial 
        meeting of board.--
                    (A) In general.--The Committee shall complete the 
                functions required in paragraph (1) not later than 
                September 30, 2014.
                    (B) Termination.--The Committee shall terminate 
                upon the expiration of the 30-day period beginning on 
                the date on which the Secretary determines that the 
                functions of the Committee have been completed.
                    (C) Initial meeting.--The initial meeting of the 
                Board shall be held not later than November 1, 2014.
            (4) Composition.--The Committee shall be composed of 5 
        members, each of whom shall be a voting member. Of the members 
        of the Committee--
                    (A) not fewer than 2 shall have broad, general 
                experience in emergency management, preparedness, or 
                resilience; and
                    (B) not fewer than 2 shall have broad, general 
                experience in nonprofit private organizations.
            (5) Chairperson.--The Committee shall, from among the 
        members of the Committee, designate an individual to serve as 
        the chairperson of the Committee.
            (6) Terms; vacancies.--The term of members of the Committee 
        shall be for the duration of the Committee. A vacancy in the 
        membership of the Committee shall not affect the power of the 
        Committee to carry out the duties of the Committee. If a member 
        of the Committee does not serve the full term, the individual 
        appointed to fill the resulting vacancy shall be appointed for 
        the remainder of the term subject.
            (7) Compensation.--Members of the Committee may not receive 
        compensation for service on the Committee. Members of the 
        Committee may be reimbursed for travel, subsistence, and other 
        necessary expenses incurred in carrying out the duties of the 
        Committee.
            (8) Committee support.--The Administrator of FEMA may, from 
        amounts available to the Administrator for the general 
        administration of FEMA, provide staff and financial support to 
        assist the Committee with carrying out the functions described 
        in paragraph (2). In providing such staff and support, the 
        Administrator may both detail employees and contract for 
        assistance.
            (9) Grant for establishment of the committee.--
                    (A) In general.--With respect to a grant under 
                subsection (i)(1)(A)(i) for fiscal year 2013, an entity 
                described in this paragraph is a private nonprofit 
                entity with significant experience in domestic and 
                international issues of emergency management, 
                preparedness, or resilience.
                    (B) Conditions.--The grant referred to in 
                subparagraph (A) may be made to an entity only if the 
                entity agrees that--
                            (i) the entity will establish a committee 
                        that is composed in accordance with paragraph 
                        (4); and
                            (ii) the entity will not select an 
                        individual for membership on the Committee 
                        unless the individual agrees that the Committee 
                        will operate in accordance with each of the 
                        provisions of this subsection that relate to 
                        the operation of the Committee.
                    (C) Grant terms.--The Administrator of FEMA may 
                make a grant referred to in subparagraph (A) only if 
                the applicant for the grant makes an agreement that the 
                grant will not be expended for any purpose other than 
                carrying out subparagraph (B). Such a grant may be made 
                only if an application for the grant is submitted to 
                the Administrator containing such agreement, and the 
                application is in such form, is made in such manner, 
                and contains such other agreements and such assurances 
                and information as the Administrator determines to be 
                necessary to carry out this paragraph.

SEC. 3. PERFORMANCE EVALUATIONS.

    (a) In General.--To ensure that the Foundation and its grantees are 
meeting their objectives, the Board shall establish and implement 
performance evaluations--
            (1) that monitor and evaluate the performance and impact of 
        the Foundation program activities in a specific, measurable, 
        achievable, relevant, and timely fashion; and
            (2) that assess the financial accountability of 
        appropriated and donated funds.
    (b) Impact or Outcome Evaluations.--The Board shall establish 
mechanisms to evaluate and assess the effectiveness of individual 
programs supported by the Foundation. Impact or outcome evaluations 
such as balanced scorecard, innovations in risk reduction, and return 
on investment shall be employed and reported through the annual report 
of the Foundation under section 2(h)(7)(A).
    (c) Use of Evaluation Results.--The Foundation shall--
            (1) identify through its annual report under section 
        2(h)(7)(A) its greatest needs and the ways that the Foundation 
        or others, will use evaluation results; and
            (2) use such information to set priorities for the 
        Foundation.
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