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111th Congress                                            Rept. 111-459
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================
 
                     FEMA INDEPENDENCE ACT OF 2009

                                _______
                                

                 April 13, 2010.--Ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1174]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1174) to establish the Federal 
Emergency Management Agency as a cabinet-level independent 
agency in the executive branch, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

     TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY

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

                       TITLE II--RELATED MATTERS

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

SEC. 2. DEFINITIONS.

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

     TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 101. ESTABLISHMENT OF INDEPENDENT AGENCY.

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

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

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

SEC. 103. AUTHORITY AND RESPONSIBILITIES.

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

SEC. 104. OFFICE OF THE INSPECTOR GENERAL.

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

SEC. 105. TRANSFER OF FUNCTIONS.

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

SEC. 106. PERSONNEL AND OTHER TRANSFERS.

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

SEC. 107. SAVINGS PROVISIONS.

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

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

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

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

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

``SEC. 515. NATIONAL OPERATIONS CENTER.

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

                 ``TITLE V--OTHER OFFICES AND FUNCTIONS

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

SEC. 109. HOMELAND SECURITY GRANTS.

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

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

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

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

``SEC. 241. DUTY TO CONSULT.

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

``SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION.

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

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

``Sec. 241. Duty to consult.
``Sec. 242. Limitation on statutory construction.''.

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

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

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

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

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

SEC. 113. CHANGES TO ADMINISTRATIVE DOCUMENTS.

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

SEC. 114. RECOMMENDED LEGISLATION.

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

                       TITLE II--RELATED MATTERS

SEC. 201. NATIONAL ADVISORY COUNCIL.

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

SEC. 202. NATIONAL INTEGRATION CENTER.

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

SEC. 203. CREDENTIALING AND TYPING.

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

SEC. 204. DISABILITY COORDINATOR.

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

SEC. 205. NUCLEAR INCIDENT RESPONSE.

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

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

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

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

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

                       Purpose of the Legislation

    H.R. 1174, the ``FEMA Independence Act of 2009'', as 
amended, re-establishes the Federal Emergency Management Agency 
(FEMA) as an independent, cabinet-level agency reporting 
directly to the President.

                  Background and Need for Legislation

    FEMA is the Federal Government's lead agency for preparing 
for, mitigating, responding to, and recovering from disasters 
and emergencies from all hazards, whether natural or man-made. 
Prior to the creation of the Department of Homeland Security 
(DHS) in 2003, FEMA was an independent agency responsible for 
coordinating and administering, on behalf of the President, the 
Federal Government's assistance to States and local governments 
whose citizens and communities are affected by disasters. Since 
2003, when the agency was subsumed into DHS, FEMA's ability to 
perform its emergency management mission and provide disaster 
assistance has deteriorated sharply.
    Congress has enacted changes on several occasions to 
bolster FEMA's role within DHS, most comprehensively in the 
Post-Katrina Emergency Management Reform Act of 2006 (Post-
Katrina Act).\1\ These legislative solutions have not 
sufficiently improved FEMA's ability to make independent and 
timely decisions, to exercise full authority and control over 
resources, and to successfully operate within the DHS structure 
as a distinct Federal entity responsible for emergency 
management. By removing FEMA from the deep and layered 
bureaucracy within DHS, H.R. 1174 restores FEMA as a nimble and 
effective agency capable of coordinating the entire Federal 
Government's disaster response on behalf of the President.
---------------------------------------------------------------------------
    \1\Department of Homeland Security Appropriations Act, 2007, Pub. 
L. No. 109-295, Title VI, 120 Stat. 1394 (2006).
---------------------------------------------------------------------------

                            HISTORY OF FEMA

    Prior to the creation of FEMA, disaster management 
functions were scattered across the Federal Government. Ad-hoc 
disaster programs were created in different departments and 
during disasters they operated in an uncoordinated, stove-piped 
fashion. FEMA was created on April 1, 1979, by Reorganization 
Plan No. 3 of 1978 and Executive Order 12127. As President 
Carter stated when he proposed the agency: ``For the first 
time, key emergency management and assistance functions would 
be unified and made directly accountable to the President and 
Congress''.\2\ The agency was intended to function on an ``all 
hazards'' basis, combining preparedness, response, recovery, 
and mitigation functions from throughout the Federal 
Government. FEMA's all hazards mission included natural 
disasters, terrorism, and Cold War civil defense preparedness. 
The all hazards approach served the agency well as it 
transitioned out of Cold War civil defense in the 1990s. In 
1994, the provisions of the Federal Civil Defense Act of 1950 
were incorporated into a new Title VI of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act).\3\
---------------------------------------------------------------------------
    \2\Message of President Carter to Congress Transmitting 
Reorganization Plan No. 3 of 1978, H.R. Doc. No. 95-356, at 1129 
(1978).
    \3\National Defense Authorization Act for Fiscal Year 1995, Pub. L. 
No. 103-337, Sec. 3411, 108 Stat. 3100 (1994).
---------------------------------------------------------------------------
    FEMA functioned as an independent agency reporting directly 
to five Presidents from 1979 until 2003. During the Clinton 
Administration, the Director of FEMA,\4\ James Lee Witt, became 
a member of the President's Cabinet. As an independent agency, 
FEMA responded to a wide range of natural and man-made 
disasters including Hurricane Andrew, the Northridge 
Earthquake, the 1993 Midwest floods, the 1995 bombing of the 
Alfred P. Murrah Federal Building in Oklahoma City, and both 
the 1993 and 2001 attacks on the World Trade Center. FEMA was 
considered a successful government agency in its last ten years 
as an independent agency, under both President Clinton and 
President Bush. In fact, when DHS was proposed in 2002, FEMA 
was held up as a necessary core component of the Department.\5\ 
FEMA became part of the newly-created DHS on March 3, 2003, 
pursuant to the Homeland Security Act of 2002.\6\ As a result, 
President Bush delegated to the Secretary of DHS the 
responsibility for administering most of the provisions of the 
Stafford Act and other FEMA authorities.\7\
---------------------------------------------------------------------------
    \4\Prior to April 1, 2007, the Administrator of FEMA was referred 
to as the Director of FEMA.
    \5\Christopher Cooper and Robert Block, Disaster Hurricane Katrina 
and the Failure of Homeland Security, (2006) at 76.
    \6\Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 
2135 (2002).
    \7\Executive Order 13286 of February 28, 2003: Amendment to 
Executive Orders, and Other Actions, in Connection with the Transfer of 
Certain, 68 Fed. Reg. 10619 (March 5, 2003).
---------------------------------------------------------------------------

                             FEMA PROGRAMS

    FEMA's primary authority in carrying out its preparedness, 
mitigation, response, and recovery functions is the Stafford 
Act.\8\
---------------------------------------------------------------------------
    \8\42 U.S.C. Sec. 5121-5207.
---------------------------------------------------------------------------
    FEMA is best known for its programs that provide assistance 
to communities and citizens in the wake of a disaster. FEMA's 
major programs for disaster recovery are the Public Assistance 
program and the Individual Assistance program. The Public 
Assistance program reimburses State and local emergency 
response costs and provides grants to State and local 
governments as well as certain private non-profit organizations 
to rebuild facilities. The Individual Assistance program 
provides assistance to families and individuals impacted by 
disasters, including housing assistance and disaster-related 
dental, medical, and funeral costs. Additional assistance 
available under the Individual Assistance program includes 
unemployment assistance, disaster food stamps, disaster legal 
services, and crisis counseling. Both before and after 
disasters, FEMA also provides grants to communities to reduce 
the risk of future damage, hardship, and loss from all hazards 
through the Pre-Disaster Mitigation program and the (post-
disaster) Hazard Mitigation Grant program, both authorized by 
the Stafford Act.
    In addition to the agency's disaster work, the United 
States Fire Administration, the National Fire Academy, the 
Emergency Management Institute, the National Flood Insurance 
Program, and the Federal Government's programs for continuity 
of operations and continuity of government are housed within 
FEMA.

                    SIGNIFICANCE OF DISASTER RELIEF

    While the September 11, 2001, terrorist attacks refocused 
our nation's attention on the threat of terrorism and 
significantly changed our society, the most imminent threats to 
most communities around the country continue to be natural 
disasters. The nation still faces the same threats from fires, 
floods, tornadoes, hurricanes, and other disasters currently as 
before the events of September 11.
    In addition, disaster relief is a significant portion of 
the Federal budget. From fiscal years (FY) 2000 to 2009, 
Congress appropriated $83.41 billion for the Disaster Relief 
Fund in response to disasters and emergencies declared by the 
President under the Stafford Act.\9\ In addition, the National 
Flood Insurance Program, administered by FEMA, paid over $27.6 
billion in claims for flood damage during that same time.\10\ 
Over the past ten years, private insurance has paid more than 
$173 billion in claims for natural disasters.\11\ These amounts 
do not include funds spent in connection with the September 11 
attacks. Therefore, about $284 billion was expended over the 
last decade in response to natural disasters. This does not 
count the costs borne by States, local governments, and private 
citizens.
---------------------------------------------------------------------------
    \9\Email from Bruce Lindsay and Francis McCarthy, Congressional 
Research Service (December 8, 2009).
    \10\Email from FEMA (December 3, 2009).
    \11\Property Casualty Insurers Association of America (November 
2009).
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    According to FEMA records, since 2000, the President has 
declared only two major disasters because of terrorist attacks, 
but declared more than 500 disasters because of natural 
hazards. Despite this fact, relatively few of the nation's 
preparedness funds have been distributed for core all hazards 
preparedness but have been funneled instead to terrorism-
specific activities. At an April 2007 hearing of the 
Subcommittee on Economic Development, Public Buildings, and 
Emergency Management,\12\ witnesses identified the enormous 
disparity in funding between terrorism preparedness and 
emergency management preparedness. Between FY 2002 and FY 2010, 
the Federal Government has appropriated 10 times more for 
terrorism preparedness ($21 billion) than for core emergency 
management preparedness ($2 billion).\13\
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    \12\The Federal Emergency Management Agency's Preparedness and 
Response to All Hazards, Before the Subcomm. on Economic Development, 
Public Buildings, and Emergency Management of the H. Comm. on 
Transportation and Infrastructure (2007).
    \13\Email from Shawn Reese, Congressional Research Service 
(November 24, 2009).
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                     EFFECTIVE EMERGENCY MANAGEMENT

    There are many elements of an effective emergency 
management system. These elements include the ability to 
respond quickly, effectively, and flexibly, as well as the 
ability to make quick decisions or provide information directly 
to key executive decision makers (e.g., the President, a 
Governor, or a Mayor). Emergency management is also a 
collaborative enterprise between local, State, and Federal 
agencies and officials. Emergency management is based on our 
Federal (as opposed to national) legal and political systems, 
whose authority resides predominately at the State and local 
level.\14\ Emergency management functions on the premise that 
all events begin at the local level and that States and the 
Federal Government provide support to those local efforts if 
and when the situation warrants. This approach distinguishes 
emergency management from homeland security, which is based on 
a more top-down, law enforcement model where the Federal 
Government is the lead in most areas, such as protecting our 
borders, immigration, and aviation security.
---------------------------------------------------------------------------
    \14\Thomas A. Birkland, Disasters, Catastrophes and Policy Failure 
in the Homeland Security Era, 26 Review of Policy Research 429 (2009).
---------------------------------------------------------------------------
    Contemporary emergency management also employs an all 
hazards approach and integrates all phases of emergency 
management: preparedness, response, recovery and mitigation. An 
all hazards approach is based on the premise that communities 
do not need to prepare separately for each kind of threat, but 
as President Carter recognized when FEMA was created, it is 
best to work on an ``all hazard basis to take advantage of the 
similarities in preparing for and responding to the full range 
of potential emergencies''.\15\ The essential elements of 
preparedness, response, and recovery are the same regardless of 
the type of event. Whether a building collapses from a bomb, a 
pipeline explosion, or an earthquake, the rescue and the debris 
removal are the same. The evacuation of a community is largely 
the same whether due to a hurricane, a heightened threat of a 
terrorist attack, or a hazardous materials incident. While the 
specific assets needed to respond to each disaster will differ, 
the methods and systems to effectively manage a disaster are 
the same. Testimony from emergency managers and others before 
the Subcommittee on Economic Development, Public Buildings, and 
Emergency Management, has supported an all hazards approach as 
the best course for effective emergency management.\16\
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    \15\H.R. Doc. No. 95-356, at 1129 (1978).
    \16\FEMA's Preparedness and Response to All Hazards, Before the 
Subcomm. on Economic Development, Public Buildings, and Emergency 
Management of the H. Comm. on Transportation and Infrastructure, 110th 
Cong. (2007).
---------------------------------------------------------------------------
            Crisis management versus consequence management
    A distinction between the two phases of dealing with a 
terrorist event has evolved to distinguish between the roles of 
law enforcement and emergency management. These two phases are 
known as ``crisis management'' and ``consequence management''. 
Under this construct, law enforcement agencies (e.g., the 
Federal Bureau of Investigation and now DHS) are responsible 
for crisis management, or preventing terrorist activity and the 
prosecution of those who carry it out. Crisis management is 
often called ``prevention and protection''. In this phase, 
dealing with terrorism is different than other threats our 
nation faces, and this is the focus of many other entities and 
agencies within DHS. It includes protecting our borders, our 
transportation systems, our communities, and our 
infrastructure, as well as working closely with other law 
enforcement and intelligence agencies. FEMA does not contribute 
materially to this prevention and protection mission.
    Conversely, emergency managers are responsible for 
consequence management, or preparedness, response, recovery, 
and mitigation, regardless of the cause of a particular 
incident, including a terrorist act. From its inception, FEMA 
was given a key role in the ``[c]oordination of preparedness 
and planning to reduce the consequences of major terrorist 
incidents''.\17\ Consequence management entails planning for a 
wide range of hazards, regardless of cause, to ensure a 
community is prepared and able to mount an effective response 
and recovery effort when disaster strikes.
---------------------------------------------------------------------------
    \17\H.R. Doc. No. 95-356, at 1129 (1978).
---------------------------------------------------------------------------
    This division of responsibilities worked well in the 
aftermath of the 1995 bombing of the Alfred P. Murrah Federal 
Building in Oklahoma City and both the 1993 and the 2001 
attacks on the World Trade Center. FEMA responded to each of 
these events as an independent agency and used its all hazards 
authority under the Stafford Act. Therefore, prior experience 
indicates that no separate systems are needed to manage the 
consequences of a terrorist attack versus a natural disaster.

                       FEMA'S PERFORMANCE IN DHS

    Oversight conducted by the Committee on Transportation and 
Infrastructure since 2003 has shown how FEMA's effectiveness 
deteriorated after FEMA was incorporated into DHS. Upon FEMA's 
absorption into DHS, vacancies went unfilled and FEMA was 
reorganized three times from 2003 to 2005. Each reorganization 
resulted in a loss of programs and staff that were critical to 
FEMA's all hazards mission.\18\
---------------------------------------------------------------------------
    \18\H.R. Rep. 109-519 Part 2, at 21.
---------------------------------------------------------------------------
    In the aftermath of the poor Federal response to Hurricanes 
Katrina and Rita in 2005, Congress enacted the Post-Katrina 
Act. This law attempted to enhance FEMA's authority within DHS. 
While there has been some improvement, FEMA continues to lack 
the autonomy to function as a ``distinct entity'' within DHS, 
as required by law. This lack of autonomy has continued to 
hamper the agency's performance.
    The nation witnessed the tragic consequences of the 
breakdown of FEMA operations during the inadequate Federal 
response to Hurricanes Katrina and Rita in 2005. Delays in the 
immediate response in the days following Hurricane Katrina left 
people stranded without food, water, or shelter and living in 
fear for their safety, their security, and their lives. To this 
day, many communities in Louisiana have still not recovered 
from these disasters, and continue to need public assistance, 
illustrating that the catastrophic response was followed by an 
ineffective recovery effort.
    While Katrina was the most significant and memorable 
example, other examples indicate FEMA's performance continues 
to be deficient. The 2008 season was the first hurricane season 
of significance since Hurricanes Katrina and Rita in 2005. In 
the aftermath of Hurricane Ike in 2008, residents and 
communities in Texas experienced significant shortcomings in 
the delivery of recovery assistance. For example, FEMA was long 
delayed in developing the National Disaster Housing 
Strategy\19\ to ensure a plan for safe and sanitary housing as 
required by Congress after Hurricane Katrina.\20\ Without the 
required planning completed, FEMA was unprepared, in the 
aftermath of Hurricane Ike, to meet the short- and long-term 
housing needs of the hundreds of thousands of victims who 
needed housing assistance.
---------------------------------------------------------------------------
    \19\The National Disaster Housing Strategy was due in July 2007 and 
was issued on Friday, January 16, 2009, the last business day of the 
Bush Administration.
    \20\6 U.S.C. Sec. 772.
---------------------------------------------------------------------------
    Debris removal operations were also slow to get underway, 
as noted publicly by the Governor of Texas and other public 
officials.\21\ Months after the disaster, critical debris 
removal operations had still not begun. This is contrasted with 
the debris removal operation at the World Trade Center site 
after the September 11, 2001, attacks, which occurred while 
FEMA was still an independent agency. According to FEMA, major 
debris removal operations for that disaster were completed on 
time and under budget.
---------------------------------------------------------------------------
    \21\Texas Residents Watch Hurricane Ike Debris Mount, National 
Public Radio: All Things Considered (December 9, 2008).
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                     IMPEDIMENTS FACING FEMA IN DHS

            Transfer of personnel and resources
    In addition to the transfer of functions and programs, upon 
FEMA's incorporation into DHS, personnel were transferred from 
FEMA to other agencies within DHS and funds were cut and 
distributed elsewhere within the Department. The transfer of 
these funds has been referred to as ``DHS taxes'' within the 
Department. This approach left FEMA without its most seasoned 
and knowledgeable staff and bereft of funds and other resources 
needed for an effective response to Hurricane Katrina. For 
example, information provided to the Committee in response to 
questions from a hearing on an independent FEMA documented more 
than $200 million in ``taxes'' paid to DHS and a reduction of 
tens of millions of dollars in FEMA's base budget.\22\ This 
resulted in hundreds of staff vacancies before Hurricane 
Katrina, as FEMA did not have the funds to pay for authorized 
positions. In addition, many of the personnel charged with 
overseeing FEMA had little or no experience in emergency 
management.
---------------------------------------------------------------------------
    \22\An Independent FEMA: Restoring the Nation's Capabilities for 
Effective Emergency Management and Disaster Response, Before the H. 
Comm. on Transportation and Infrastructure (May 14, 2009).
---------------------------------------------------------------------------
    Congress created a statutory ``wall'' around FEMA in the 
Post-Katrina Act to prevent the transfer of resources out of 
FEMA.\23\ Unfortunately, this has not been sufficient to 
protect the agency from having DHS manage its resources. DHS, 
in its FY 2010 budget request, proposed to transfer 17 
positions out of FEMA and into the Office of the Secretary. The 
FY 2010 Department of Homeland Security Appropriations Act 
transferred these positions.\24\
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    \23\6 U.S.C. Sec. 316(b)-(d).
    \24\H.R. Rep. 111-298 at 54.
---------------------------------------------------------------------------
            Shift in FEMA's mission to terrorism
    Previous hearings and other information provided to the 
Committee have raised concerns that changes made by DHS to FEMA 
programs continue to shift FEMA's mission from all hazards 
toward terrorism at the expense of natural disasters and other 
emergencies. For example, changes to two Federal grant programs 
that previously helped build basic emergency management and 
firefighting capabilities in communities around the country, 
Emergency Management Performance Grants (EMPG) and Fire Grants, 
illustrate this trend.
    Since FEMA became part of the Department, DHS has attempted 
to change the focus of EMPG to a terrorism preparedness program 
rather than its longstanding purpose of basic emergency 
management capacity building. For instance, DHS requires States 
and localities to agree to spend a portion of EMPG funds on 
DHS-mandated planning scenarios that are focused on terrorism. 
DHS also mandates that grants be sent through State homeland 
security officials (SAAs) rather than continuing the 
longstanding practice of providing funds directly to emergency 
managers. This trend continued in the President's FY 2010 
Budget request, which proposed that funding for the EMPG 
program be combined with terrorism-specific programs.
    Concerns have also been raised about the Fire Grant 
program, which under its authorizing statute is designed to 
build and enhance basic firefighting capability and enhance 
firefighter safety in communities across the nation.\25\ 
However, under DHS, fire departments have been expected to show 
a nexus to terrorism to receive grants. Further, DHS budget 
requests, including the FY 2010 request, have attempted to 
prioritize certain aspects of the program to fund activities 
that have a nexus to terrorism and to focus funds on 
communities with a greater risk of terrorism.
---------------------------------------------------------------------------
    \25\15 U.S.C. Sec. 2229.
---------------------------------------------------------------------------
            Reduction in FEMA's decision-making power
    Quick decision-making and the flexibility to shift focus as 
events change are two fundamental hallmarks of successful 
emergency management. Without the authority to make final 
decisions, an agency cannot be effective. Within DHS, FEMA 
officials have had to run all decisions through the Secretary 
of Homeland Security. This chain of command has been used to 
make major decisions including announcements of major policy 
changes. Further, statements of DHS and FEMA officials have 
indicated that major decisions have been made or approved in 
the Office of the Secretary, notwithstanding the provisions of 
the Post-Katrina Act that make FEMA autonomous as a distinct 
entity.\26\ FEMA has also had to work through the Secretary to 
access non-FEMA Federal resources in a response effort. These 
impediments did not exist when FEMA was an independent agency, 
and raises concerns about the impact on the speed and 
flexibility of services that are provided to citizens and 
communities following a disaster.
---------------------------------------------------------------------------
    \26\6 U.S.C. Sec. 316.
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            DHS duplicates capacities and functions of FEMA
    DHS has created separate and redundant functions under the 
direct control of the Secretary of DHS to perform functions 
that by law are the sole responsibility of FEMA. These are not 
only in contradiction to the law, but also to FEMA's all 
hazards approach and the need for clear leadership and 
authority identified after Hurricane Katrina. A recurring 
example that stands to have a significant impact on response to 
a disaster is the appointment of Principal Federal Officials 
(PFOs). PFOs are an administrative creation of DHS. However, by 
law, the President, acting through FEMA, is authorized to 
appoint a Federal Coordinating Officer (FCO) to be the lead 
Federal official in response to major disasters and 
emergencies.\27\ The confusion regarding the roles of these 
different Federal officials and the resulting lack of clear 
authority was widely criticized as a factor in the failed 
response to Hurricane Katrina.\28\ As a result, Congress 
enacted several laws after Hurricane Katrina\29\ that 
prohibited the Secretary from appointing PFOs in major 
disasters and emergencies. Notwithstanding these prohibitions, 
DHS has continued this structure. DHS has justified the 
appointment of a PFO by relying on Homeland Security 
Presidential Directives (HSPDs), administrative documents 
created by the Bush Administration. These administrative 
provisions conflict with and, in some cases, have been 
superseded by subsequent laws.
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    \27\Section 302 of the Stafford Act, 42 U.S.C. Sec. 5143.
    \28\H.R. Report 109-519, Part 2 at 22.
    \29\6 U.S.C. Sec. 319(c)(2); Consolidated Appropriations Act, 2008, 
Pub. L. No. 110-161, Division E, Title III, Sec. 541, 121 Stat 2079 
(2007); Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009, Pub. L. No. 110-329, Division D, Title V, 
Sec. 526, 122 Stat 3686 (2008).
---------------------------------------------------------------------------
    For example, DHS pre-designated individuals to serve as 
PFOs for disasters during the 2008 Hurricane season.\30\ More 
recently, the Committee obtained information that DHS planned 
to use PFOs and their support teams for a potential response to 
the H1N1 virus.\31\ DHS did this even while acknowledging the 
statutory prohibitions and the intent of Congress.\32\ DHS 
attempted to avoid the statutory prohibition by changing the 
name of these teams to ``Regional Coordination Teams''. 
Recently, DHS acknowledged planning for an H1N1 pandemic was in 
violation of law and sought the Committee's concurrence in 
waiving the prohibition on appointment of PFOs for pandemic 
flu. The Department expressed concerns about having to 
reposition and restructure teams already in place just before 
the potential outbreak of a pandemic. The FY 2010 Homeland 
Security Appropriations conference report included language 
granting a waiver from the statutory prohibition against 
appointment of PFOs for Fiscal Year 2010, provided the 
Secretary of Homeland Security complies with certain 
conditions.\33\
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    \30\Memorandum of then-Secretary of Homeland Security Michael 
Chertoff, Pre-Designated Principal Federal Officials and Federal 
Coordinating Officers for the 2008 Hurricane Season (May 23, 2008).
    \31\Decision Memorandum from Roger Rufe, Director of Office of 
Operations Coordination and Planning, to Secretary of Homeland 
Security, Employment and Activation of Field Teams for H1N1 Operations 
(June 4, 2009).
    \32\Id. at 5.
    \33\Department of Homeland Security Appropriations Act, 2010, Pub. 
L. No. 111-83, Sec. 522, 123 Stat. 2172-2173 (2009).
---------------------------------------------------------------------------
    Another separate and redundant function is the Office of 
Operations Coordination which reports directly to the Secretary 
of DHS. This office is housed outside of FEMA, but has been 
given key response and preparedness responsibilities. Homeland 
Security Presidential Directive-5 (HSPD-5) was signed by 
President Bush on February 28, 2003 (three days before FEMA was 
incorporated into DHS). It provided that the Secretary of 
Homeland Security was in charge of ``incident management'' for 
the Federal Government. Incident management is commonly 
recognized to be an element of response, one of the four phases 
of emergency management.\34\ Therefore, Congress enacted 
subsequent laws that made it clear that FEMA was responsible 
for all phases of emergency management, and that those 
functions should be moved into FEMA.\35\ DHS justifies 
maintaining duplicate capabilities and responsibilities at the 
Office of Operations Coordination, outside of FEMA, by re-
defining incident management as being separate from rather than 
a critical element of emergency management,\36\ notwithstanding 
specific statutory language that includes the incident 
management elements of response as part of FEMA.\37\
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    \34\An Independent FEMA: Restoring the Nation's Capabilities for 
Effective Emergency Management and Disaster Response, Before the H. 
Comm. on Transportation and Infrastructure (May 14, 2009) (Letter of 
Larry Gispert, Past President International Association of Emergency 
Managers dated Nov. 18, 2009).
    \35\6 U.S.C. Sec. 313 and 6 U.S.C. Sec. 314.
    \36\National Response Framework, (Jan. 2008) at 25, 54, and 55.
    \37\6 U.S.C. Sec. 319(c).
---------------------------------------------------------------------------
    Similarly, the Office of the Federal Coordinator for Gulf 
Coast Rebuilding was created by President Bush in an Executive 
Order,\38\ and resides in DHS headquarters, not FEMA. Under the 
Post-Katrina Act, the Administrator of FEMA is designated as 
the principal advisor to the President and the Secretary for 
``all matters related to emergency management'', including 
recovery.\39\ Therefore, the duties for this DHS office should 
reside with the Administrator of FEMA. The office of Gulf Coast 
Rebuilding continues to exist in the office of the Secretary, 
and the FY 2010 budget proposed $2 million for the office, 
including an increase in staff. The Fiscal Year 2010 Department 
of Homeland Security Appropriations Act granted the office $2 
million.\40\ The Executive Order for this office was set to 
expire on February 28, 2009; it has been extended twice by 
President Obama, first to September 30, 2009, and then to April 
1, 2010.\41\
---------------------------------------------------------------------------
    \38\Executive Order 13390 of November 1, 2005: Establishment of a 
Coordinator of Federal Support for the Recovery and Rebuilding of the 
Gulf Coast Region, 70 Fed. Reg. 67327 (Nov. 4, 2005).
    \39\6 U.S.C. Sec. 313(c)(4).
    \40\Department of Homeland Security Appropriations Act, 2010, Pub. 
L. No. 111-83, 123 Stat. 2144 (2009).
    \41\Executive Order 13504 of February 20, 2009: Amending Executive 
Order 13390, 74 Fed. Reg. 8431 (Feb. 24, 2009). Executive Order 13512 
of September 29, 2009: Amending Executive Order 13390, 74 Fed. Reg. 
50911 (Oct. 2, 2009).
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                       Summary of the Legislation


Section 1. Short title; table of contents

    Section 1 designates the short title of the bill as the 
``FEMA Independence Act of 2009'' and sets out the table of 
contents for the bill.

Sec 2. Definitions

    Section 2 sets forth definitions for the following terms 
used in the bill:
     Administrator--The term ``Administrator'' means 
the Administrator of FEMA.
     Agency--The term ``Agency'' means the Federal 
Emergency Management Agency.
     Emergency--The term ``emergency'' has the same 
meaning as that term has in section 102 of the Stafford Act.
     Emergency Management--The term ``emergency 
management'' means preparedness for, response to, recovery 
from, and mitigation of hazards.
     Hazard--The term ``hazard'' has the same meaning 
as that term has in section 602(b) of the Stafford Act.
     Major Disaster--The term ``major disaster'' has 
the same meaning as that term has in section 102 of the 
Stafford Act.

     TITLE I--ESTABLISHMENT OF FEDERAL EMERGENCY MANAGEMENT AGENCY


Sec. 101. Establishment of independent agency

    Subsection (a) of section 101 establishes FEMA as a 
cabinet-level, independent agency.
    Subsection (b) provides that the primary mission of the 
agency is reducing the loss of life and property, and 
protecting the nation from hazards by leading and supporting a 
comprehensive emergency management system of preparedness, 
response, recovery, and mitigation.

Sec. 102. Administrator; deputy administrator; and other officials of 
        the agency

    Subsection (a) of section 102 requires FEMA to be headed by 
an Administrator, appointed by the President with the advice 
and consent of the Senate. The Administrator shall have 
extensive experience in emergency preparedness, response, 
recovery, and mitigating hazards.
    Subsection (b) establishes the position of Deputy 
Administrator who shall also have extensive experience in 
emergency preparedness, response, recovery, and mitigation from 
hazards.
    Subsection (c) establishes six Assistant Administrators 
appointed by the Administrator with duties determined by the 
Administrator. Each Assistant Administrator shall have 
demonstrated ability in and knowledge of emergency management 
or other fields related to their position.
    Subsection (d) establishes 10 FEMA regional offices, 
consistent with the current 10 regional offices of the Agency. 
Each regional office shall be headed by a Regional 
Administrator who is appointed by the Administrator. The 
Regional Administrators shall have demonstrated ability in and 
knowledge of emergency management as well as familiarity with 
the geographical area and demographic characteristics of the 
population served by the Regional Office.
    Subsection (e) authorizes 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. These 
offices currently exist as part of FEMA's regional office 
structure. The Area Office for the Pacific is located in 
Honolulu, Hawaii; the Area Office for the Caribbean is located 
in San Juan, Puerto Rico; and the Area Office for Alaska is 
located in Anchorage, Alaska. The Committee expects that these 
offices will remain in Hawaii, Puerto Rico, and Alaska.

Sec. 103. Authority and responsibilities

    Subsection (a) of section 103 provides that FEMA will lead 
the Federal Government's efforts to prepare for, respond to, 
recover from, and mitigate hazards.
    Subsection (b) provides that the Administrator shall assist 
the President in carrying out the functions under the Stafford 
Act and shall carry out all the functions and authorities given 
to the Administrator by this bill.
    Subsection (c) spells out the mission of the agency in 
mitigation, preparedness, response, and recovery.
    Subsection (d) provides for the duties of the agency in 
managing the Federal response to hazards. FEMA is charged with 
coordinating the Federal Government's response to hazards, 
building a comprehensive national incident management system, 
administering the National Response Plan, and helping to ensure 
the acquisition of operable and interoperable communications by 
Federal, State, local and tribal governments and emergency 
response providers.
    Subsection (e) provides that the Administrator is 
responsible for the Federal Government's programs for 
continuity of operations, continuity of government, and 
continuity of plans.
    Subsection (f) describes additional duties of the 
Administrator including: coordinating the National Advisory 
Council authorized by this bill; maintaining and operating the 
National Response Coordination Center; developing and 
maintaining a national emergency management system; and 
supervising the Agency's grant programs.
    Subsection (g) requires that, in carrying out the 
responsibilities under this section, the Administrator shall 
use an all hazards approach.

Sec. 104. Office of the Inspector General

    Section 104 re-establishes the FEMA Office of Inspector 
General.

Sec. 105. Transfer of functions

    Subsection (a) of section 105 provides for the transfer to 
the Administrator of FEMA all functions of the Agency 
including, all functions of FEMA as of January 1, 2009, 
continuity of operations and continuity of government, and any 
function that was required to be transferred to the Agency by 
the Post-Katrina Act that has not yet been transferred.
    The functions also include all of the functions of the 
Agency under current law, including carrying out the following:
           The Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act;
           The National Flood Insurance Act of 1968;
           The Earthquake Hazards Reduction Act;
           The National Dam Safety Program Act;
           The Federal Fire Prevention and Control Act;
           Reorganization Plan No. 3 of 1978;
           Section 612 of the Security and 
        Accountability For Every Port Act of 2006; and
           Title III of the McKinney-Vento Homeless 
        Assistance Act.
    Subsection (b) requires the transfer to the Inspector 
General of FEMA all of the functions relating to the Office of 
the Inspector General that were transferred from FEMA to DHS on 
or after January 1, 2003.
    Subsection (c) provides that the following functions shall 
not be affected by H.R. 1174 and shall remain within DHS:
           The transit security grant program 
        authorized by section 1406 of the Implementing 
        Recommendations of the 9/11 Commission Act (6 U.S.C. 
        Sec. 1135);
           The freight rail security grant program 
        authorized by section 1513 of the Implementing 
        Recommendations of the 9/11 Commission Act (6 U.S.C. 
        Sec. 1163);
           The intercity rail passenger program 
        authorized by section 1513 of the Implementing 
        Recommendations of the 9/11 Commission Act (6 U.S.C. 
        Sec. 1163);
           The intercity bus security grant program 
        authorized by section 1532 of the Implementing 
        Recommendations of the 9/11 Commission Act (6 U.S.C. 
        Sec. 1182);
           The port security grant program authorized 
        by section 70107 of title 46, United States Code;
           The prevention and protection components of 
        the Urban Area Security Initiative, authorized by 
        section 2003 of the Homeland Security Act (6 U.S.C. 
        Sec. 604);
           The prevention and protection components of 
        the State Homeland Security Grant program, authorized 
        by section 2004 of the Homeland Security Act (6 U.S.C. 
        Sec. 605);
           The trucking security grant program (P.L. 
        110-329; 122 Stat. 3671);
           The buffer zone protection program (P.L. 
        110-329; 122 Stat. 3672); and
           The commercial direct equipment direct 
        assistance program (P.L. 110-329; 122 Stat. 3672).
    Urban areas will continue be eligible to receive funding 
for preparedness and response activities that are components of 
the Urban Areas Search Initiative (UASI) program as in effect 
prior to the changes made by this subsection through a new 
federal grant program, the Urban All Hazards Preparedness 
Program, authorized by section 206 of H.R. 1174. States will be 
eligible to receive funding for the preparedness activities 
funded through State Homeland Security Grant Program (SHSGP) 
prior to the changes made by this subsection through the EMPG 
program (6 U.S.C. Sec. 762).
    Subsection (d) provides that nothing in this Act shall be 
construed to affect the appointment of the United States Fire 
Administrator or the Federal Insurance Administrator.
    Subsection (e) provides that transitions required under 
this Act shall take place not later than 120 days from the date 
of enactment of this Act.
    Subsection (f) provides that the Administrator may use 
services of the DHS in carrying out the transfers required 
under this act and may use funds appropriated to such functions 
to carry out the transfer for such a period of time as may 
reasonably be needed to carry out the transfers.
    Subsection (g) creates a liaison office to ensure 
coordination with the Department of Homeland Security.

Sec. 106. Personnel and other transfers

    Subsection (a) of section 106 authorizes the Administrator 
to appoint officers and employees and obtain services of 
experts and consultants. This provision does not affect the 
authority of the Administrator to appoint temporary personnel, 
experts, and consultants under section 306(b) of the Stafford 
Act.
    Subsection (b) allows the Administrator to delegate 
functions except as prohibited by law.
    Subsection (c) allows the Administrator to conduct 
reorganizations provided that the Administrator provides 
appropriate notice to Congress, at least 30 days written notice 
in advance of the reorganization.
    Subsection (d) authorizes the Administrator to promulgate 
rules and regulations.
    Subsection (e) authorizes the transfer and allocation of 
personnel and appropriations to an independent FEMA.
    Subsection (f) authorizes the Director of the Office of 
Management and Budget to conduct incidental transfers to 
implement the transfer provisions of this bill.
    Subsection (g) provides that except as provided by this 
Act, transfers of personnel shall not affect compensation or 
cause employees to be separated for one year. Individuals 
holding executive schedule positions shall be compensated at 
not less than the rate of their previous position for the 
duration of the service in their new position.

Sec. 107. Savings provisions

    Subsection (a) of section 107 provides that existing legal 
documents, proceedings, lawsuits, and administrative actions 
shall be continued and shall not be affected by the transfers 
authorized by H.R. 1174.
    Subsection (b) clarifies that references to departments, 
agencies or offices, or the heads of those entities, affected 
by the transfers authorized by this bill shall be deemed to 
refer to the department, agency, or office where such a 
function is transferred.

Sec. 108. Offices and functions of the Department of Homeland Security

    Subsection (a) of section 108 amends section 512(c) of the 
Homeland Security Act (6 U.S.C. Sec. 321a(c)), which authorizes 
certain activities for the SHSGP and the UASI programs, as 
amended by this Act. As these programs will no longer be 
administered by FEMA, this provision clarifies that the 
Secretary of Homeland Security will administer section 512(c).
    Subsection (b) maintains the existing Assistant Secretary 
of Homeland Security for Cybersecurity and Communications in 
DHS. This subsection removes emergency management functions 
from the National Operations Center in DHS as those functions 
will now be in FEMA, and makes it clear that the DHS operations 
center shall not be provided any authority that overlaps with 
FEMA, except to the extent necessary to coordinate activities 
or information with FEMA.
    Subsection (c) amends section 516 of the Homeland Security 
Act (6 U.S.C. Sec. 321(e)) to clarify the homeland security 
role of the Chief Medical Officer of DHS. This subsection also 
adds FEMA to the list of agencies the Chief Medical Officer 
coordinates with on behalf of DHS.
    Subsection (d) repeals provisions of the Homeland Security 
Act relating to FEMA as FEMA is no longer a component of DHS. 
This includes section 505(b) of the Homeland Security Act, 
which listed entities that were not to be transferred to FEMA 
in 2007. As those entities are not included in the transfers 
made by section 105 of this bill, this language is no longer 
necessary.
    Subsection (e) redesignates sections of the Homeland 
Security Act to reflect the repeals in subsection (d).
    Subsection (f) amends the title heading to Title V of the 
Homeland Security Act to reflect changes made by H.R. 1174.
    Subsection (g) amends the table of contents of the Homeland 
Security Act to reflect the changes made by subsections (d) and 
(e).

Sec. 109. Homeland security grants

    Section 109 makes changes to UASI and SHSGP by removing the 
preparedness and response elements of these programs. This 
section provides the changes necessary to transfer the 
preparedness and response elements of these programs into FEMA.
    Subsection (a) removes the preparedness and response 
elements of UASI as authorized under current law. These 
elements will be administered by FEMA, and urban areas will be 
eligible for grant funds through the new Urban Areas All 
Hazards Preparedness Grant Program created by section 206 of 
this Act.
    Subsection (b) removes the preparedness and response 
elements of SHSGP as authorized under current law. These 
aspects will be administered by FEMA on an all hazards basis 
and States will be eligible for grant funds through the EMPG 
Program (6 U.S.C. Sec. 762).
    Subsection (c) makes conforming amendments to remove 
preparedness and response from section 2005(h) of the Homeland 
Security Act (6 U.S.C. Sec. 606), which allows grants to be 
made directly to eligible tribes under SHSGP.
    Subsection (d) makes conforming amendments to remove 
preparedness and response from a provision in section 2006 of 
the Homeland Security Act (6 U.S.C. Sec. 607), which stipulates 
that 25 percent of the funds for UASI and SHSGP are to be used 
for terrorism prevention activities.
    Subsection (e) makes conforming amendments to remove 
preparedness and response from section 2007 of the Homeland 
Security Act (6 U.S.C. Sec. 608), which prioritizes the 
allocation of funds for UASI and SHSGP for areas with high risk 
of terrorist attack.
    Subsection (f) makes conforming amendments to remove 
preparedness and response from section 2008 of the Homeland 
Security Act (6 U.S.C. Sec. 609), which provides for the 
authorized uses of funds under UASI and SHSGP.
    Subsection (g) makes conforming amendments to section 2021 
of the Homeland Security Act (6 U.S.C. Sec. 611), which 
provides for regional coordination of funds for programs that 
will no longer be administered by FEMA, including the elements 
of UASI and SHSGP remaining in DHS.
    Subsection (h) makes conforming amendments to section 2022 
of the Homeland Security Act (6 U.S.C. Sec. 612), which 
provides accountability of funds for programs that will no 
longer be administered by FEMA, including the elements of UASI 
and SHSGP remaining in DHS.
    Subsection (i) makes additional conforming amendments to 
Title XX of the Homeland Security Act, as the programs 
authorized by this title will no longer be administered by the 
Administrator of FEMA. Currently, FEMA administers all grants 
for DHS, including UASI and SHSGP.

Sec. 110. Additional conforming amendments to Homeland Security Act of 
        2002

    Section 110 provides for additional conforming amendments 
to the Homeland Security Act of 2002.
    Subsection (a) amends section 101 of the Homeland Security 
Act (6 U.S.C. Sec. 111) to reflect changes to the mission of 
DHS made by this bill.
    Subsection (b) amends section 102 of the Homeland Security 
Act (6 U.S.C. Sec. 112) to reflect changes to the functions of 
the Secretary of DHS made by this bill. In addition, new 
language is added clarifying that the role of the Secretary of 
Homeland Security may not be construed to interfere with the 
role of the Administrator of FEMA.
    Subsection (c) amends section 103 of the Homeland Security 
Act (6 U.S.C. Sec. 113) to remove the Administrator of FEMA 
from the list of officers of DHS.
    Subsection (d) amends section 214(g) of the Homeland 
Security Act (6 U.S.C. Sec. 133(g)) to clarify that the 
authority to issue warnings under that section shall not be 
construed to limit or otherwise affect the authority of the 
President or the Administrator of FEMA under section 202 of the 
Stafford Act.
    Subsection (e) amends section 223 of the Homeland Security 
Act (6 U.S.C Sec. 143) by replacing ``Under Secretary for 
Emergency Preparedness and Response'' with ``Administrator of 
the Federal Emergency Management Agency'' each place it 
appears. The position of ``Under Secretary for Emergency 
Preparedness and Response'' was abolished by the Post-Katrina 
Act.
    Subsection (f) amends Title II of the Homeland Security Act 
(6 U.S.C. Sec. 121 et seq.) by adding a new Subtitle E 
``Consultation with Federal Emergency Management Agency'' and 
two new sections. These amendments require the Secretary of 
DHS, in carrying out Title II, to consult, as appropriate, with 
the Administrator of FEMA; and clarify that nothing in Title II 
may be construed to limit or otherwise affect the authority of 
the Administrator of FEMA.
    Subsection (g) repeals section 430 of the Homeland Security 
Act (6 U.S.C. Sec. 238). This section relates to the Office of 
Domestic Preparedness. This office became part of FEMA in 2007 
in accordance with the Post-Katrina Act.
    Subsection (h) amends section 707 of the Homeland Security 
Act (6 U.S.C. Sec. 347), which authorizes the Quadrennial 
Homeland Security Review by requiring the Secretary to consult 
with the Administrator of FEMA. The section is also amended by 
removing references to the National Response Plan and 
preparedness activities that are no longer the responsibilities 
of DHS under the amendments made by this Act.
    Subsection (i) amends section 887 of the Homeland Security 
Act (6 U.S.C. Sec. 467) to ensure that the Secretary of DHS and 
the Secretary of the Department of Health and Human Services 
coordinate with the Administrator of FEMA on matters related to 
public health emergencies.
    Subsection (j) amends section 903(a) of the Homeland 
Security Act (6 U.S.C. Sec. 493(a)) by adding the Administrator 
of FEMA to the membership of the National Homeland Security 
Advisory Council.

Sec 111. Conforming amendments to Post-Katrina Emergency Management 
        Reform Act of 2006

    Section 111 makes conforming amendments to the Post-Katrina 
Act to reflect changes made by H.R. 1174. Many of these 
technical changes remove references to DHS, which will no 
longer have responsibility for these provisions.
    Subsection (a) amends section 624 of the Post-Katrina Act 
(6 U.S.C. Sec. 711), which addresses surge capacity force.
    Subsection (b) amends section 640(a) of the Post-Katrina 
Act (6 U.S.C. Sec. 727(a)), which addresses information 
technology.
    Subsection (c) amends section 641 of the Post-Katrina Act 
(6 U.S.C. Sec. 741), which sets forth definitions.
    Subsection (d) amends section 651 of the Post-Katrina Act 
(6 U.S.C. Sec. 751), which addresses Federal response 
capability.
    Subsection (e) amends section 653 of the Post-Katrina Act 
(6 U.S.C. Sec. 753) regarding Federal preparedness.
    Subsection (f) amends section 624 of the Post-Katrina Act 
(6 U.S.C. Sec. 771), which addresses the National Disaster 
Recovery Strategy.
    Subsection (g) amends section 689(d) of the Post-Katrina 
Act (6 U.S.C. Sec. 773(a)), which addresses disaster relief and 
individuals with disabilities.
    Subsection (h) amends section 692 of the Post-Katrina Act 
(6 U.S.C. Sec. 792), which provides limitations on 
subcontracting.
    Subsection (i) amends section 695 of the Post-Katrina Act 
(6 U.S.C. Sec. 794), which addresses contracting.

Sec. 112. Conforming and technical amendments to other laws

    Subsection (a) of section 112 makes conforming amendments 
to the Chief Financial Officers Act to reflect the addition of 
a Chief Financial Officer at FEMA.
    Subsection (b) makes conforming amendments to the Inspector 
General Act to reflect the addition of an Inspector General at 
FEMA.
    Subsection (c) makes technical corrections to the Stafford 
Act to change references from ``Director'' to 
``Administrator'', reflecting the change in the title for the 
head of FEMA that took effect on April 1, 2007.

Sec. 113. Changes to administrative documents

    Section 113 requires the President, within 180 days of the 
date of enactment, to amend HSPD-5, Homeland Security 
Presidential Directive 8 (HSPD-8), and similar administrative 
documents to reflect changes made by H.R. 1174. The Committee 
is concerned that these documents have not been amended to 
reflect changes in law enacted in the Post-Katrina Act.

Sec. 114. Recommended legislation

    Subsection (a) of section 114 requires the Administrator to 
prepare recommended legislation containing additional technical 
and conforming amendments to reflect the changes made by this 
bill no later than 90 days after the transition period; the 
transition period is 120 days after the date of enactment of 
this Act.
    Subsection (b) requires the Administrator to submit a 
report to Congress on any recommended legislation.

                       TITLE II--RELATED MATTERS


Sec. 201. National Advisory Council

    Section 201 provides that the Administrator shall continue 
to maintain the National Advisory Council and provides for its 
responsibilities and membership.
    Subsection (a) maintains the National Advisory Council to 
ensure effective and ongoing coordination of Federal 
preparedness, response, recovery, and mitigation for hazards.
    Subsection (b) authorizes the National Advisory Council to 
advise the Administrator on all aspects of emergency 
management.
    Subsection (c) provides for the membership of the National 
Advisory Council.
    Subsection (d) provides that the Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the National Advisory 
Council; however, the termination provisions under section 
14(a)(2) of the Act shall not apply.

Sec. 202. National Integration Center

    Subsection (a) of section 202 provides that the National 
Integration Center (NIC) is established in FEMA.
    Subsection (b) provides for the responsibilities of the 
NIC, including the ongoing management and maintenance of the 
National Incident Management System and the National Response 
Plan.
    Subsection (c) requires the Administrator to ensure that 
the National Response Plan provides for a clear chain of 
command to coordinate the Federal response to any hazard. This 
subsection also abolishes the position of Principal Federal 
Official.

Sec. 203. Credentialing and typing

    Subsection (a) of section 203 requires the Administrator to 
continue to implement a memorandum of understanding to develop 
standards for deployment capabilities, including for 
credentialing and typing of incident management personnel, 
emergency response providers, and other personnel and resources 
likely needed to respond to hazards.
    Subsection (b) requires the Administrator to provide such 
standards to each Federal agency with responsibilities under 
the National Response Plan, and to State, local and tribal 
governments.
    Subsection (c) requires each Federal agency with 
responsibilities under the National Response Plan to ensure 
that Federal incident management personnel, emergency response 
providers, and other personnel and resources likely needed to 
respond to hazards are credentialed and typed in accordance 
with this section.
    Subsection (d) requires that standards for credentialing 
health care professionals shall be done in consultation with 
the Secretary of Heath and Human Services.
    Subsection (e) defines the term credentialing for the 
purposes of this section.

Sec. 204. Disability coordinator

    Subsection (a) of section 204 requires the Administrator to 
appoint a Disability Coordinator. This position currently exits 
within FEMA.
    Subsection (b) requires the Administrator to consult with 
organizations representing individuals with disabilities, the 
National Council on Disabilities, and the Interagency 
Coordinating Council on Preparedness and Individuals with 
Disabilities prior to the appointment of a Disability 
Coordinator.
    Subsection (c) permits the existing Disability Coordinator 
on the date of enactment of this Act to continue to serve in 
the position, at the discretion of the Administrator.

Sec. 205. Nuclear incident response

    Subsection (a) of section 205 maintains existing authority 
for the Administrator of FEMA to operate the Nuclear Incident 
Response Team as an element of FEMA.
    Subsection (b) clarifies that the responsibilities of the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency with respect to their respective entities in 
the Nuclear Incident Response Team are not limited by this 
section.

Sec. 206. Urban area all hazards preparedness grant program

    Section 206 amends the Stafford Act to create, under 
section 617 of the Stafford Act, a new all hazards preparedness 
program for urban areas. This program will replace the 
preparedness and response components of the UASI program. 
Specifically, the new section 617 of the Stafford Act contains 
the following subsections:
    Subsection (a) of section 206 establishes the all hazards 
nature of the program.
    Subsection (b) establishes eligibility to include the 100 
most populous metropolitan statistical areas and other 
additional urban areas as determined by the Administrator of 
FEMA.
    Subsection (c) requires the Administrator, not later than 
30 days before applications are accepted, to notify the chief 
elected official of each eligible urban area and the Governor 
of the State containing the urban area of the eligibility of 
the urban area for a grant, as well as grant application 
procedures and award criteria. The same notifications shall be 
published in the Federal Register not less than 15 days before 
the Administrator accepts applications.
    Subsection (d) requires the application of an urban area to 
demonstrate that the urban area will use funds to develop or 
implement activities that support the emergency management 
goals of the State, and the State has reviewed the application.
    Subsection (e) provides for the allocation of funds for the 
program. The Administrator shall allocate funds to States in 
which each urban area is located by formula based on the 
population of each eligible urban area, its relative level of 
risk to any hazard, and other factors. Each eligible urban area 
will receive a minimum allocation, to be determined by the 
Administrator. The program funds shall be distributed through 
the State, and not later than 45 days after the State receives 
a grant. Eighty percent of the grant must be distributed to the 
urban area. Any funds retained by the State must be used on 
eligible items that benefit the urban area and the State must 
provide an accounting for any funds it retains. If an urban 
area is located in two or more states, the Administrator shall 
distribute the funds to each State as the Administrator deems 
appropriate.
    Subsection (f) provides that the eligible uses for grant 
awards shall be determined by the Administrator but shall 
include: planning; purchase and maintenance of equipment; 
training; exercises; and management and administration.
    Subsection (g) requires the Administrator to promulgate 
regulations to implement this program within 180 days of the 
date of enactment.
    Subsection (h) authorizes appropriations of $525 million 
for FY 2010; $575 million for FY 2011; and $650 million for FY 
2012 for the program.

            Legislative History and Committee Consideration

    In the 109th Congress, several bills were introduced to 
restore FEMA to an independent, cabinet-level agency. Then-
Ranking Member James L. Oberstar introduced two bills: H.R. 
3659, a bill to re-establish FEMA as an independent 
establishment in the executive branch, and H.R. 4493, the 
``Federal Emergency Management Restoration Act''. In addition, 
the following bills were introduced to establish FEMA as an 
independent agency: H.R. 3656, H.R. 3685, H.R. 3816, H.R. 5316, 
S. 1615, and S. 2302. On May 17, 2006, the Committee on 
Transportation and Infrastructure ordered H.R. 5316, as 
amended, reported favorably to the House by voice vote. Some 
provisions of H.R. 5316 were incorporated into the Post-Katrina 
Emergency Management Reform Act of 2006.
    In the 111th Congress, Chairman James L. Oberstar 
introduced H.R. 1174, the ``FEMA Independence Act of 2009'' on 
February 25, 2009. On May 14, 2009, the Committee on 
Transportation and Infrastructure held a hearing, entitled ``An 
Independent FEMA'', on FEMA independence and H.R. 1174. On 
November 5, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 1174. The 
Committee ordered H.R. 1174, as amended, reported favorably to 
the House by voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During consideration of H.R. 1174, the Committee 
adopted an amendment in the nature of a substitute to the bill. 
There were no recorded votes taken in connection with 
consideration of H.R. 1174, or ordering H.R. 1174, as amended, 
reported. A motion to order H.R. 1174, as amended, reported 
favorably to the House was agreed to by voice vote with a 
quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation is to re-
establish the Federal Emergency Management Agency as an 
independent, cabinet-level agency reporting directly to the 
President.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
1174, as amended, from the Director of the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 11, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1174, the FEMA 
Independence Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 1174--FEMA Independence Act of 2009

    Summary: H.R. 1174 would remove the Federal Emergency 
Management Agency (FEMA) from the Department of Homeland 
Security (DHS) and make it a cabinet-level agency. Under the 
bill, most of FEMA's current responsibilities would be 
transferred from DHS to the agency within 120 days of 
enactment. Several grant programs that FEMA currently 
administers would remain with DHS.
    H.R. 1174 would authorize the appropriation of $1.75 
billion over the 2010-2012 period for an urban area all-hazards 
preparedness grant program. In addition, CBO estimates that 
appropriations totalling about $100 million over the next five 
years would be necessary for FEMA to operate independently from 
DHS and to establish a separate office of Inspector General 
(IG). Assuming appropriation of the necessary and specified 
amounts, CBO estimates that implementing H.R. 1174 would cost 
$1.1 billion over the 2010-2014 period. Enacting this 
legislation would not affect direct spending or revenues.
    H.R. 1174 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 1174 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Urban Area All-Hazard Preparedness Grants
    Authorization Level............................       525       575       650         0         0      1,750
    Estimated Outlays..............................         0        45       190       385       390      1,010
FEMA Administrative Expenses
    Estimated Authorization Level..................         0        24        25        26        26        101
    Estimated Outlays..............................         0        24        25        25        26        100
    Total Changes
    Authorization Level............................       525       599       675        26        26      1,851
    Estimated Outlays..............................         0        69       215       410       416      1,110
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the middle of calendar year 
2010 and that the amounts specified and estimated to be 
necessary will be appropriated for each year. CBO estimates 
that implementing H.R. 1174 would cost about $1.1 billion over 
the next five years. This amount includes expenditures for 
programs for which the legislation would explicitly authorize 
appropriations, but does not include the ongoing costs of other 
FEMA programs, such as disaster relief, which would continue 
whether or not FEMA became an independent agency.

FEMA's mission and responsibilities

    H.R. 1174 would establish FEMA as a separate entity from 
DHS. In 2002, the Congress moved FEMA (which had previously 
been an independent agency) under the Directorate of Emergency 
Preparedness and Response within DHS. In 2006, the Congress 
required that FEMA instead report directly to the Secretary of 
DHS, rather than through the Preparedness Directorate, and 
authorized the Administrator of FEMA to report directly to the 
President in the event of a disaster. Under the bill, FEMA 
would be an independent, cabinet-level agency.
    Under H.R. 1174, the primary mission and responsibilities 
of FEMA would essentially remain unchanged (although it is 
unclear whether certain changes in the statute would affect the 
activities FEMA and DHS undertake, particularly as they relate 
to acts of terrorism). Under current law, FEMA's primary 
responsibilities are to prepare for, protect against, respond 
to, and aid in the recovery of all types of disasters, 
including natural disasters, acts of terrorism, and other man-
made disasters. Most of the spending for these activities comes 
from the Disaster Relief Fund. Spending from the fund totalled 
about $63 billion over the past five years, more than half of 
which occurred in response to the 2005 Gulf Coast hurricanes. 
In addition, FEMA manages the National Flood Insurance Program, 
the U.S. Fire Administration, and a number of security-related 
grant programs. Under the bill, most of these functions would 
remain with FEMA. DHS would retain authority over certain other 
programs concerned with preparing for and protecting against 
acts of terrorism, including the State Homeland Security 
Program (SHSP) and the Urban Area Security Initiative (UASI); 
however funding for these programs retained by DHS could no 
longer be used to respond to natural disasters. In addition, 
the bill would remove other functions related to disaster 
recovery from the responsibilities of DHS.

Urban area all-hazard preparedness grants

    H.R. 1174 would authorize appropriations totalling $1.75 
billion over the 2010-2012 period for FEMA to establish an 
urban area all-hazards grant program. The program would provide 
states with funding to enhance the preparedness of urban areas 
through purchase and maintenance of equipment, planning, 
training, and exercises. Funds would be allocated to states 
based on risk, population, and other factors identified by 
FEMA.
    For 2010, the Congress provided $1.8 billion to FEMA for 
SHSP and UASI, which may be used for similar purposes (see 
Public Law 111-83). The Congress also authorized the 
appropriation of $4.4 billion for fiscal years 2011 and 2012 
and such sums as may be necessary thereafter, for both programs 
(see Public Law 110-53). Because SHSP and UASI would remain 
within DHS, CBO assumes that there would be no change to the 
amounts already appropriated or authorized to be appropriated 
under this legislation.
    Based on the historical spending patterns of similar grant 
programs operated by FEMA, CBO estimates that implementing this 
provision would cost $1.0 billion over the next five years, 
assuming appropriation of the specified funds, with the 
remainder of the $1.75 billion total spent after 2014.

FEMA administrative expenses

    CEO estimates that new senior positions would be needed to 
manage an independent FEMA. Additional staff also would be 
necessary to provide support--for example, in acquisitions, 
information technology, and human resources--that would have 
been provided by DHS or shared across several agencies. 
Currently, FEMA has more than 3,700 full time employees and 
4,000 standby disaster assistance employees located in the 
Washington Metropolitan area and throughout the 10 regions of 
the country. DHS has more than 225,000 employees across a 
variety of agencies and functions. CBO estimates that 
additional expenses for salaries and benefits, space, 
equipment, and other costs related to operating as an 
independent agency would total roughly $6 million annually 
beginning in 2011. If the agency were to reorganize, 
consolidate its employees, or acquire a new headquarters, these 
costs would be significantly higher, though this bill does not 
include a specific authorization for that purpose.
    H.R. 1174 also would authorize FEMA to establish an 
Inspector General office (IG). We assume that the new office 
would be larger in size and scope than the office operated by 
FEMA prior to 2003. (In 2002, FEMA's IG office had a budget of 
$10 million.) Based on the expenditures of the DHS IG office, 
including the Office of Emergency Management Oversight, CBO 
estimates that the new office would add nearly $20 million 
annually to the agency's administrative costs, beginning in 
2011.
    All told, assuming appropriation of the necessary funds, 
CBO estimates that the operation of an independent FEMA, 
including a separate IG office, would cost $100 million over 
the 2010-14 period.
    Intergovernmental and private-sector impact: H.R. 1174 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Assuming appropriation of the authorized 
amounts, state and local governments would receive about $1 
billion over fiscal years 2010 through 2014 to prepare for 
disasters. Any costs to those governments would be incurred 
voluntarily as a condition of receiving federal assistance.
    Estimate prepared by: Federal Costs: Daniel Hoople; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
1174, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1174, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    This legislation authorizes the continuation of an advisory 
committee as defined by section 3 of the Federal Advisory 
Committee Act: the National Advisory Council. The National 
Advisory Council is a standing Committee to advise the 
Administrator of FEMA on all aspects of emergency management. 
The Committee determines that the National Advisory Council has 
a clearly defined purpose, fairly balanced membership, and 
meets all of the other requirements of section 5(b) of the 
Federal Advisory Committee Act. Further, the legislation 
clarifies that the Federal Advisory Committee Act shall apply 
to the National Advisory Council, except for section 14(a)(2) 
of such Act, regarding a termination date for the Council.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5312. Positions at level I

  Level I of the Executive Schedule applies to the following 
positions for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Secretary of State.

           *       *       *       *       *       *       *

          Administrator of the Federal Emergency Management 
        Agency.

Sec. 5313. Positions at level II

  Level II of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Secretary of Defense.

           *       *       *       *       *       *       *

          [Administrator of the Federal Emergency Management 
        Agency.]

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.

           *       *       *       *       *       *       *

          [Deputy Administrators, Federal Emergency Management 
        Agency.]
          Deputy Administrator, Federal Emergency Management 
        Agency.

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

     * * * * * * *

    Subtitle E--Consultation With Federal Emergency Management Agency

Sec. 241. Duty to consult.
Sec. 242. Limitation on statutory construction.
     * * * * * * *

       TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 430. Office for Domestic Preparedness.]
     * * * * * * *

                 [TITLE V--NATIONAL EMERGENCY MANAGEMENT

[Sec. 501. Definitions.
[Sec. 502. Definition.
[Sec. 503. Federal Emergency Management Agency.
[Sec. 504. Authorities and responsibilities.
[Sec. 505. Functions transferred.
[Sec. 506. Preserving the Federal Emergency Management Agency.
[Sec. 507. Regional Offices.
[Sec. 508. National Advisory Council.
[Sec. 509. National Integration Center.
[Sec. 510. Credentialing and typing.
[Sec. 511. The National Infrastructure Simulation and Analysis Center.
[Sec. 512. Evacuation plans and exercises.
[Sec. 513. Disability Coordinator.
[Sec. 514. Department and Agency officials.
[Sec. 515. National Operations Center.
[Sec. 516. Chief Medical Officer.
[Sec. 517. Nuclear incident response.
[Sec. 518. Conduct of certain public health-related activities.
[Sec. 519. Use of national private sector networks in emergency 
          response.
[Sec. 520. Use of commercially available technology, goods, and 
          services.
[Sec. 521. Procurement of security countermeasures for strategic 
          national stockpile.
[Sec. 522. Model standards and guidelines for critical infrastructure 
          workers.
[Sec. 523. Guidance and recommendations.
[Sec. 524. Voluntary private sector preparedness accreditation and 
          certification program.]

                  TITLE V--OTHER OFFICES AND FUNCTIONS

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

           *       *       *       *       *       *       *


                TITLE I--DEPARTMENT OF HOMELAND SECURITY

SEC. 101. EXECUTIVE DEPARTMENT; MISSION.

  (a) * * *
  (b) Mission.--
          (1) In general.--The primary mission of the 
        Department is to--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) minimize the damage, and assist in the 
                recovery, from terrorist attacks that do occur 
                within the United States;]
                  [(D)] (C) carry out all functions of entities 
                transferred to the Department[, including by 
                acting as a focal point regarding natural and 
                manmade crises and emergency planning];
                  [(E)] (D) ensure that the functions of the 
                agencies and subdivisions within the Department 
                that are not related directly to securing the 
                homeland are not diminished or neglected except 
                by a specific explicit Act of Congress;
                  [(F)] (E) ensure that the overall economic 
                security of the United States is not diminished 
                by efforts, activities, and programs aimed at 
                securing the homeland;
                  [(G)] (F) ensure that the civil rights and 
                civil liberties of persons are not diminished 
                by efforts, activities, and programs aimed at 
                securing the homeland; and
                  [(H)] (G) monitor connections between illegal 
                drug trafficking and terrorism, coordinate 
                efforts to sever such connections, and 
                otherwise contribute to efforts to interdict 
                illegal drug trafficking.

           *       *       *       *       *       *       *


SEC. 102. SECRETARY; FUNCTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Coordination With Non-Federal Entities.--With respect to 
homeland security, the Secretary shall coordinate through the 
Office of State and Local Coordination (established under 
section 801) (including the provision of training and 
equipment) with State and local government personnel, agencies, 
and authorities, with the private sector, and with other 
entities, including by--
          (1) * * *

           *       *       *       *       *       *       *

Nothing in this subsection may be construed to interfere with 
the role of the Administrator of the Federal Emergency 
Management Agency.

           *       *       *       *       *       *       *

  (f) Special Assistant to the Secretary.--The Secretary shall 
appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) * * *

           *       *       *       *       *       *       *

          (4) creating and managing private sector advisory 
        councils composed of representatives of industries and 
        associations designated by the Secretary to--
                  (A) advise the Secretary on private sector 
                products, applications, and solutions as they 
                relate to homeland security challenges; and
                  (B) advise the Secretary on homeland security 
                policies, regulations, processes, and actions 
                that affect the participating industries and 
                associations; [and]
                  [(C) advise the Secretary on private sector 
                preparedness issues, including effective 
                methods for--
                          [(i) promoting voluntary preparedness 
                        standards to the private sector; and
                          [(ii) assisting the private sector in 
                        adopting voluntary preparedness 
                        standards;]

           *       *       *       *       *       *       *

          [(8) providing information to the private sector 
        regarding voluntary preparedness standards and the 
        business justification for preparedness and promoting 
        to the private sector the adoption of voluntary 
        preparedness standards;]
          [(9)] (8) coordinating industry efforts, with respect 
        to functions of the Department of Homeland Security, to 
        identify private sector resources and capabilities that 
        could be effective in supplementing Federal, State, and 
        local government agency efforts to prevent or respond 
        to a terrorist attack;
          [(10)] (9) coordinating with the Directorate of 
        Border and Transportation Security and the Assistant 
        Secretary for Trade Development of the Department of 
        Commerce on issues related to the travel and tourism 
        industries; and
          [(11)] (10) consulting with the Office of State and 
        Local Government Coordination and Preparedness on all 
        matters of concern to the private sector, including the 
        tourism industry.

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--There are the 
following officers, appointed by the President, by and with the 
advice and consent of the Senate:
          (1) * * *

           *       *       *       *       *       *       *

          [(4) An Administrator of the Federal Emergency 
        Management Agency.]
          [(5)] (4) A Director of the Bureau of Citizenship and 
        Immigration Services.
          [(6)] (5) An Under Secretary for Management.
          [(7)] (6) A Director of the Office of 
        Counternarcotics Enforcement.
          [(8)] (7) An Under Secretary responsible for 
        overseeing critical infrastructure protection, 
        cybersecurity, and other related programs of the 
        Department.
          [(9)] (8) Not more than 12 Assistant Secretaries.
          [(10)] (9) A General Counsel, who shall be the chief 
        legal officer of the Department.

           *       *       *       *       *       *       *


TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

           *       *       *       *       *       *       *


Subtitle B--Critical Infrastructure Information

           *       *       *       *       *       *       *


SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE 
                    INFORMATION.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Authority To Issue Warnings.--The Federal Government may 
provide advisories, alerts, and warnings to relevant companies, 
targeted sectors, other governmental entities, or the general 
public regarding potential threats to critical infrastructure 
as appropriate. In issuing a warning, the Federal Government 
shall take appropriate actions to protect from disclosure--
          (1) * * *

           *       *       *       *       *       *       *

Nothing in this subsection may be construed to limit or 
otherwise affect the authority of the President or the 
Administrator of the Federal Emergency Management Agency under 
section 202 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5132).

           *       *       *       *       *       *       *


Subtitle C--Information Security

           *       *       *       *       *       *       *


SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.

  In carrying out the responsibilities under section 201, the 
Under Secretary for Intelligence and Analysis, in cooperation 
with the Assistant Secretary for Infrastructure Protection 
shall--
          (1) as appropriate, provide to State and local 
        government entities, and upon request to private 
        entities that own or operate critical information 
        systems--
                  (A) * * *
                  (B) in coordination with the [Under Secretary 
                for Emergency Preparedness and Response] 
                Administrator of the Federal Emergency 
                Management Agency, crisis management support in 
                response to threats to, or attacks on, critical 
                information systems; and
          (2) as appropriate, provide technical assistance, 
        upon request, to the private sector and other 
        government entities, in coordination with the [Under 
        Secretary for Emergency Preparedness and Response] 
        Administrator of the Federal Emergency Management 
        Agency, with respect to emergency recovery plans to 
        respond to major failures of critical information 
        systems.

           *       *       *       *       *       *       *


   Subtitle E--Consultation With Federal Emergency Management Agency

SEC. 241. DUTY TO CONSULT.

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

SEC. 242. LIMITATION ON STATUTORY CONSTRUCTION.

  Nothing in this title may be construed to limit or otherwise 
affect the authority of the Administrator of the Federal 
Emergency Management Agency.

           *       *       *       *       *       *       *


TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) In General.--The Office for Domestic Preparedness shall 
be within the Directorate of Border and Transportation 
Security.
  [(b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Director 
of the Office for Domestic Preparedness shall report directly 
to the Under Secretary for Border and Transportation Security.
  [(c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          [(1) coordinating preparedness efforts at the Federal 
        level, and working with all State, local, tribal, 
        parish, and private sector emergency response providers 
        on all matters pertaining to combating terrorism, 
        including training, exercises, and equipment support;
          [(2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating 
        to homeland security at all levels of government;
          [(3) directing and supervising terrorism preparedness 
        grant programs of the Federal Government (other than 
        those programs administered by the Department of Health 
        and Human Services) for all emergency response 
        providers;
          [(4) incorporating the Strategy priorities into 
        planning guidance on an agency level for the 
        preparedness efforts of the Office for Domestic 
        Preparedness;
          [(5) providing agency-specific training for agents 
        and analysts within the Department, other agencies, and 
        State and local agencies and international entities;
          [(6) as the lead executive branch agency for 
        preparedness of the United States for acts of 
        terrorism, cooperating closely with the Federal 
        Emergency Management Agency, which shall have the 
        primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-
        related disasters in the United States;
          [(7) assisting and supporting the Secretary, in 
        coordination with other Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments consistent with the 
        mission and functions of the Directorate;
          [(8) those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency 
        which relate to terrorism, which shall be consolidated 
        within the Department in the Office for Domestic 
        Preparedness established under this section; and
          [(9) helping to ensure the acquisition of 
        interoperable communication technology by State and 
        local governments and emergency response providers.
  [(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and 
fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.]

           *       *       *       *       *       *       *


  TITLE V--[NATIONAL EMERGENCY MANAGEMENT] OTHER OFFICES AND FUNCTIONS

[SEC. 501. DEFINITIONS.

  [In this title--
          [(1) the term ``Administrator'' means the 
        Administrator of the Agency;
          [(2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
          [(3) the term ``catastrophic incident'' means any 
        natural disaster, act of terrorism, or other man-made 
        disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting 
        the population (including mass evacuations), 
        infrastructure, environment, economy, national morale, 
        or government functions in an area;
          [(4) the terms ``credentialed'' and ``credentialing'' 
        mean having provided, or providing, respectively, 
        documentation that identifies personnel and 
        authenticates and verifies the qualifications of such 
        personnel by ensuring that such personnel possess a 
        minimum common level of training, experience, physical 
        and medical fitness, and capability appropriate for a 
        particular position in accordance with standards 
        created under section 510;
          [(5) the term ``Federal coordinating officer'' means 
        a Federal coordinating officer as described in section 
        302 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5143);
          [(6) the term ``interoperable'' has the meaning given 
        the term ``interoperable communications'' under section 
        7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1));
          [(7) the term ``National Incident Management System'' 
        means a system to enable effective, efficient, and 
        collaborative incident management;
          [(8) the term ``National Response Plan'' means the 
        National Response Plan or any successor plan prepared 
        under section 502(a)(6);
          [(9) the term ``Regional Administrator'' means a 
        Regional Administrator appointed under section 507;
          [(10) the term ``Regional Office'' means a Regional 
        Office established under section 507;
          [(11) the term ``resources'' means personnel and 
        major items of equipment, supplies, and facilities 
        available or potentially available for responding to a 
        natural disaster, act of terrorism, or other man-made 
        disaster;
          [(12) the term ``surge capacity'' means the ability 
        to rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, 
        shelter and housing, medical care, evacuation capacity, 
        staffing (including disaster assistance employees), and 
        other resources necessary to save lives and protect 
        property during a catastrophic incident;
          [(13) the term ``tribal government'' means the 
        government of any entity described in section 2(11)(B); 
        and
          [(14) the terms ``typed'' and ``typing'' mean having 
        evaluated, or evaluating, respectively, a resource in 
        accordance with standards created under section 510.]

SEC. [502.] 501. DEFINITION.

  In this title, the term ``Nuclear Incident Response Team'' 
means a resource that includes--
          (1) * * *

           *       *       *       *       *       *       *


[SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

  [(a) In General.--There is in the Department the Federal 
Emergency Management Agency, headed by an Administrator.
  [(b) Mission.--
          [(1) Primary mission.--The primary mission of the 
        Agency is to reduce the loss of life and property and 
        protect the Nation from all hazards, including natural 
        disasters, acts of terrorism, and other man-made 
        disasters, by leading and supporting the Nation in a 
        risk-based, comprehensive emergency management system 
        of preparedness, protection, response, recovery, and 
        mitigation.
          [(2) Specific activities.--In support of the primary 
        mission of the Agency, the Administrator shall--
                  [(A) lead the Nation's efforts to prepare 
                for, protect against, respond to, recover from, 
                and mitigate against the risk of natural 
                disasters, acts of terrorism, and other man-
                made disasters, including catastrophic 
                incidents;
                  [(B) partner with State, local, and tribal 
                governments and emergency response providers, 
                with other Federal agencies, with the private 
                sector, and with nongovernmental organizations 
                to build a national system of emergency 
                management that can effectively and efficiently 
                utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts 
                of terrorism, and other man-made disasters, 
                including catastrophic incidents;
                  [(C) develop a Federal response capability 
                that, when necessary and appropriate, can act 
                effectively and rapidly to deliver assistance 
                essential to saving lives or protecting or 
                preserving property or public health and safety 
                in a natural disaster, act of terrorism, or 
                other man-made disaster;
                  [(D) integrate the Agency's emergency 
                preparedness, protection, response, recovery, 
                and mitigation responsibilities to confront 
                effectively the challenges of a natural 
                disaster, act of terrorism, or other man-made 
                disaster;
                  [(E) develop and maintain robust Regional 
                Offices that will work with State, local, and 
                tribal governments, emergency response 
                providers, and other appropriate entities to 
                identify and address regional priorities;
                  [(F) under the leadership of the Secretary, 
                coordinate with the Commandant of the Coast 
                Guard, the Director of Customs and Border 
                Protection, the Director of Immigration and 
                Customs Enforcement, the National Operations 
                Center, and other agencies and offices in the 
                Department to take full advantage of the 
                substantial range of resources in the 
                Department;
                  [(G) provide funding, training, exercises, 
                technical assistance, planning, and other 
                assistance to build tribal, local, State, 
                regional, and national capabilities (including 
                communications capabilities), necessary to 
                respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                  [(H) develop and coordinate the 
                implementation of a risk-based, all-hazards 
                strategy for preparedness that builds those 
                common capabilities necessary to respond to 
                natural disasters, acts of terrorism, and other 
                man-made disasters while also building the 
                unique capabilities necessary to respond to 
                specific types of incidents that pose the 
                greatest risk to our Nation.
  [(c) Administrator.--
          [(1) In general.--The Administrator shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          [(2) Qualifications.--The Administrator shall be 
        appointed from among individuals who have--
                  [(A) a demonstrated ability in and knowledge 
                of emergency management and homeland security; 
                and
                  [(B) not less than 5 years of executive 
                leadership and management experience in the 
                public or private sector.
          [(3) Reporting.--The Administrator shall report to 
        the Secretary, without being required to report through 
        any other official of the Department.
          [(4) Principal advisor on emergency management.--
                  [(A) In general.--The Administrator is the 
                principal advisor to the President, the 
                Homeland Security Council, and the Secretary 
                for all matters relating to emergency 
                management in the United States.
                  [(B) Advice and recommendations.--
                          [(i) In general.--In presenting 
                        advice with respect to any matter to 
                        the President, the Homeland Security 
                        Council, or the Secretary, the 
                        Administrator shall, as the 
                        Administrator considers appropriate, 
                        inform the President, the Homeland 
                        Security Council, or the Secretary, as 
                        the case may be, of the range of 
                        emergency preparedness, protection, 
                        response, recovery, and mitigation 
                        options with respect to that matter.
                          [(ii) Advice on request.--The 
                        Administrator, as the principal advisor 
                        on emergency management, shall provide 
                        advice to the President, the Homeland 
                        Security Council, or the Secretary on a 
                        particular matter when the President, 
                        the Homeland Security Council, or the 
                        Secretary requests such advice.
                          [(iii) Recommendations to congress.--
                        After informing the Secretary, the 
                        Administrator may make such 
                        recommendations to Congress relating to 
                        emergency management as the 
                        Administrator considers appropriate.
          [(5) Cabinet status.--
                  [(A) In general.--The President may designate 
                the Administrator to serve as a member of the 
                Cabinet in the event of natural disasters, acts 
                of terrorism, or other man-made disasters.
                  [(B) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the 
                authority of the Secretary under this Act.

[SEC. 504. AUTHORITY AND RESPONSIBILITIES.

  [(a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond 
to, recover from, or mitigate against a natural disaster, act 
of terrorism, or other man-made disaster, including--
          [(1) helping to ensure the effectiveness of emergency 
        response providers to terrorist attacks, major 
        disasters, and other emergencies;
          [(2) with respect to the Nuclear Incident Response 
        Team (regardless of whether it is operating as an 
        organizational unit of the Department pursuant to this 
        title)--
                  [(A) establishing standards and certifying 
                when those standards have been met;
                  [(B) conducting joint and other exercises and 
                training and evaluating performance; and
                  [(C) providing funds to the Department of 
                Energy and the Environmental Protection Agency, 
                as appropriate, for homeland security planning, 
                exercises and training, and equipment;
          [(3) providing the Federal Government's response to 
        terrorist attacks and major disasters, including--
                  [(A) managing such response;
                  [(B) directing the Domestic Emergency Support 
                Team, the National Disaster Medical System, and 
                (when operating as an organizational unit of 
                the Department pursuant to this title) the 
                Nuclear Incident Response Team;
                  [(C) overseeing the Metropolitan Medical 
                Response System; and
                  [(D) coordinating other Federal response 
                resources, including requiring deployment of 
                the Strategic National Stockpile, in the event 
                of a terrorist attack or major disaster;
          [(4) aiding the recovery from terrorist attacks and 
        major disasters;
          [(5) building a comprehensive national incident 
        management system with Federal, State, and local 
        government personnel, agencies, and authorities, to 
        respond to such attacks and disasters;
          [(6) consolidating existing Federal Government 
        emergency response plans into a single, coordinated 
        national response plan;
          [(7) helping ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, 
        State, local, and tribal governments and emergency 
        response providers;
          [(8) assisting 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;
          [(9) carrying out the mission of the Agency to reduce 
        the loss of life and property and protect the Nation 
        from all hazards by leading and supporting the Nation 
        in a risk-based, comprehensive emergency management 
        system of--
                  [(A) mitigation, by taking sustained actions 
                to reduce or eliminate long-term risks to 
                people and property from hazards and their 
                effects;
                  [(B) preparedness, by planning, training, and 
                building the emergency management profession to 
                prepare effectively for, mitigate against, 
                respond to, and recover from any hazard;
                  [(C) 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
                  [(D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards;
          [(10) increasing efficiencies, by coordinating 
        efforts relating to preparedness, protection, response, 
        recovery, and mitigation;
          [(11) helping to ensure the effectiveness of 
        emergency response providers in responding to a natural 
        disaster, act of terrorism, or other man-made disaster;
          [(12) supervising grant programs administered by the 
        Agency;
          [(13) administering and ensuring the implementation 
        of the National Response Plan, including coordinating 
        and ensuring the readiness of each emergency support 
        function under the National Response Plan;
          [(14) coordinating with the National Advisory Council 
        established under section 508;
          [(15) preparing and implementing the plans and 
        programs of the Federal Government for--
                  [(A) continuity of operations;
                  [(B) continuity of government; and
                  [(C) continuity of plans;
          [(16) minimizing, to the extent practicable, 
        overlapping planning and reporting requirements 
        applicable to State, local, and tribal governments and 
        the private sector;
          [(17) maintaining and operating within the Agency the 
        National Response Coordination Center or its successor;
          [(18) developing a national emergency management 
        system that is capable of preparing for, protecting 
        against, responding to, recovering from, and mitigating 
        against catastrophic incidents;
          [(19) assisting the President in carrying out the 
        functions under the national preparedness goal and the 
        national preparedness system and carrying out all 
        functions and authorities of the Administrator under 
        the national preparedness System;
          [(20) carrying out all authorities of the Federal 
        Emergency Management Agency and the Directorate of 
        Preparedness of the Department as transferred under 
        section 505; and
          [(21) otherwise carrying out the mission of the 
        Agency as described in section 503(b).
  [(b) All-Hazards Approach.--In carrying out the 
responsibilities under this section, the Administrator shall 
coordinate the implementation of a risk-based, all-hazards 
strategy that builds those common capabilities necessary to 
prepare for, protect against, respond to, recover from, or 
mitigate against natural disasters, acts of terrorism, and 
other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond 
to, recover from, or mitigate against the risks of specific 
types of incidents that pose the greatest risk to the Nation.

[SEC. 505. FUNCTIONS TRANSFERRED.

  [(a) In General.--Except as provided in subsection (b), there 
are transferred to the Agency the following:
          [(1) All functions of the Federal Emergency 
        Management Agency, including existing responsibilities 
        for emergency alert systems and continuity of 
        operations and continuity of government plans and 
        programs as constituted on June 1, 2006, including all 
        of its personnel, assets, components, authorities, 
        grant programs, and liabilities, and including the 
        functions of the Under Secretary for Federal Emergency 
        Management relating thereto.
          [(2) The Directorate of Preparedness, as constituted 
        on June 1, 2006, including all of its functions, 
        personnel, assets, components, authorities, grant 
        programs, and liabilities, and including the functions 
        of the Under Secretary for Preparedness relating 
        thereto.
  [(b) Exceptions.--The following within the Preparedness 
Directorate shall not be transferred:
          [(1) The Office of Infrastructure Protection.
          [(2) The National Communications System.
          [(3) The National Cybersecurity Division.
          [(4) The Office of the Chief Medical Officer.
          [(5) The functions, personnel, assets, components, 
        authorities, and liabilities of each component 
        described under paragraphs (1) through (4).

[SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

  [(a) Distinct Entity.--The Agency shall be maintained as a 
distinct entity within the Department.
  [(b) Reorganization.--Section 872 shall not apply to the 
Agency, including any function or organizational unit of the 
Agency.
  [(c) Prohibition on Changes to Missions.--
          [(1) In general.--The Secretary may not substantially 
        or significantly reduce the authorities, 
        responsibilities, or functions of the Agency or the 
        capability of the Agency to perform those missions, 
        authorities, responsibilities, except as otherwise 
        specifically provided in an Act enacted after the date 
        of enactment of the Post-Katrina Emergency Management 
        Reform Act of 2006.
          [(2) Certain transfers prohibited.--No asset, 
        function, or mission of the Agency may be diverted to 
        the principal and continuing use of any other 
        organization, unit, or entity of the Department, except 
        for details or assignments that do not reduce the 
        capability of the Agency to perform its missions.
  [(d) Reprogramming and Transfer of Funds.--In reprogramming 
or transferring funds, the Secretary shall comply with any 
applicable provisions of any Act making appropriations for the 
Department for fiscal year 2007, or any succeeding fiscal year, 
relating to the reprogramming or transfer of funds.

[SEC. 507. REGIONAL OFFICES.

  [(a) In General.--There are in the Agency 10 regional 
offices, as identified by the Administrator.
  [(b) Management of Regional Offices.--
          [(1) Regional administrator.--Each Regional Office 
        shall be headed by a Regional Administrator who shall 
        be appointed by the Administrator, after consulting 
        with State, local, and tribal government officials in 
        the region. Each Regional Administrator shall report 
        directly to the Administrator and be in the Senior 
        Executive Service.
          [(2) Qualifications.--
                  [(A) In general.--Each Regional Administrator 
                shall be appointed from among individuals who 
                have a demonstrated ability in and knowledge of 
                emergency management and homeland security.
                  [(B) Considerations.--In selecting a Regional 
                Administrator for a Regional Office, the 
                Administrator shall consider the familiarity of 
                an individual with the geographical area and 
                demographic characteristics of the population 
                served by such Regional Office.
  [(c) Responsibilities.--
          [(1) In general.--The Regional Administrator shall 
        work in partnership with State, local, and tribal 
        governments, emergency managers, emergency response 
        providers, medical providers, the private sector, 
        nongovernmental organizations, multijurisdictional 
        councils of governments, and regional planning 
        commissions and organizations in the geographical area 
        served by the Regional Office to carry out the 
        responsibilities of a Regional Administrator under this 
        section.
          [(2) Responsibilities.--The responsibilities of a 
        Regional Administrator include--
                  [(A) ensuring effective, coordinated, and 
                integrated regional preparedness, protection, 
                response, recovery, and mitigation activities 
                and programs for natural disasters, acts of 
                terrorism, and other man-made disasters 
                (including planning, training, exercises, and 
                professional development);
                  [(B) assisting in the development of regional 
                capabilities needed for a national catastrophic 
                response system;
                  [(C) coordinating the establishment of 
                effective regional operable and interoperable 
                emergency communications capabilities;
                  [(D) staffing and overseeing 1 or more strike 
                teams within the region under subsection (f), 
                to serve as the focal point of the Federal 
                Government's initial response efforts for 
                natural disasters, acts of terrorism, and other 
                man-made disasters within that region, and 
                otherwise building Federal response 
                capabilities to respond to natural disasters, 
                acts of terrorism, and other man-made disasters 
                within that region;
                  [(E) designating an individual responsible 
                for the development of strategic and 
                operational regional plans in support of the 
                National Response Plan;
                  [(F) fostering the development of mutual aid 
                and other cooperative agreements;
                  [(G) identifying critical gaps in regional 
                capabilities to respond to populations with 
                special needs;
                  [(H) maintaining and operating a Regional 
                Response Coordination Center or its successor;
                  [(I) coordinating with the private sector to 
                help ensure private sector preparedness for 
                natural disasters, acts of terrorism, and other 
                man-made disasters;
                  [(J) assisting State, local, and tribal 
                governments, where appropriate, to preidentify 
                and evaluate suitable sites where a 
                multijurisdictional incident command system may 
                quickly be established and operated from, if 
                the need for such a system arises; and
                  [(K) performing such other duties relating to 
                such responsibilities as the Administrator may 
                require.
          [(3) Training and exercise requirements.--
                  [(A) Training.--The Administrator shall 
                require each Regional Administrator to undergo 
                specific training periodically to complement 
                the qualifications of the Regional 
                Administrator. Such training, as appropriate, 
                shall include training with respect to the 
                National Incident Management System, the 
                National Response Plan, and such other subjects 
                as determined by the Administrator.
                  [(B) Exercises.--The Administrator shall 
                require each Regional Administrator to 
                participate as appropriate in regional and 
                national exercises.
  [(d) Area Offices.--
          [(1) In general.--There is an Area Office for the 
        Pacific and an Area Office for the Caribbean, as 
        components in the appropriate Regional Offices.
          [(2) Alaska.--The Administrator shall establish an 
        Area Office in Alaska, as a component in the 
        appropriate Regional Office.
  [(e) Regional Advisory Council.--
          [(1) Establishment.--Each Regional Administrator 
        shall establish a Regional Advisory Council.
          [(2) 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.
          [(3) Responsibilities.--Each Regional Advisory 
        Council shall--
                  [(A) advise the Regional Administrator on 
                emergency management issues specific to that 
                region;
                  [(B) identify any geographic, demographic, or 
                other characteristics peculiar to any State, 
                local, or tribal government within the region 
                that might make preparedness, protection, 
                response, recovery, or mitigation more 
                complicated or difficult; and
                  [(C) advise the Regional Administrator of any 
                weaknesses or deficiencies in preparedness, 
                protection, response, recovery, and mitigation 
                for any State, local, and tribal government 
                within the region of which the Regional 
                Advisory Council is aware.
  [(f) Regional Office Strike Teams.--
          [(1) In general.--In coordination with other relevant 
        Federal agencies, each Regional Administrator shall 
        oversee multi-agency strike teams authorized under 
        section 303 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5144) that 
        shall consist of--
                  [(A) a designated Federal coordinating 
                officer;
                  [(B) personnel trained in incident 
                management;
                  [(C) public affairs, response and recovery, 
                and communications support personnel;
                  [(D) a defense coordinating officer;
                  [(E) liaisons to other Federal agencies;
                  [(F) such other personnel as the 
                Administrator or Regional Administrator 
                determines appropriate; and
                  [(G) individuals from the agencies with 
                primary responsibility for each of the 
                emergency support functions in the National 
                Response Plan.
          [(2) Other duties.--The duties of an individual 
        assigned to a Regional Office strike team from another 
        relevant agency when such individual is not functioning 
        as a member of the strike team shall be consistent with 
        the emergency preparedness activities of the agency 
        that employs such individual.
          [(3) Location of members.--The members of each 
        Regional Office strike team, including representatives 
        from agencies other than the Department, shall be based 
        primarily within the region that corresponds to that 
        strike team.
          [(4) Coordination.--Each Regional Office strike team 
        shall coordinate the training and exercises of that 
        strike team with the State, local, and tribal 
        governments and private sector and nongovernmental 
        entities which the strike team shall support when a 
        natural disaster, act of terrorism, or other man-made 
        disaster occurs.
          [(5) Preparedness.--Each Regional Office strike team 
        shall be trained as a unit on a regular basis and 
        equipped and staffed to be well prepared to respond to 
        natural disasters, acts of terrorism, and other man-
        made disasters, including catastrophic incidents.
          [(6) Authorities.--If the Administrator determines 
        that statutory authority is inadequate for the 
        preparedness and deployment of individuals in strike 
        teams under this subsection, the Administrator shall 
        report to Congress regarding the additional statutory 
        authorities that the Administrator determines are 
        necessary.

[SEC. 508. NATIONAL ADVISORY COUNCIL.

  [(a) Establishment.--Not later than 60 days after the date of 
enactment of the Post-Katrina Emergency Management Reform Act 
of 2006, the Secretary shall establish an advisory body under 
section 871(a) to ensure effective and ongoing coordination of 
Federal preparedness, protection, response, recovery, and 
mitigation for natural disasters, acts of terrorism, and other 
man-made disasters, to be known as the National Advisory 
Council.
  [(b) Responsibilities.--
          [(1) In general.--The National Advisory Council shall 
        advise the Administrator on all aspects of emergency 
        management. The National Advisory Council shall 
        incorporate State, local, and tribal government and 
        private sector input in the development and revision of 
        the national preparedness goal, the national 
        preparedness system, the National Incident Management 
        System, the National Response Plan, and other related 
        plans and strategies.
          [(2) Consultation on grants.--To ensure input from 
        and coordination with State, local, and tribal 
        governments and emergency response providers, the 
        Administrator shall regularly consult and work with the 
        National Advisory Council on the administration and 
        assessment of grant programs administered by the 
        Department, including with respect to the development 
        of program guidance and the development and evaluation 
        of risk-assessment methodologies, as appropriate.
  [(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, 
                protection, 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.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), the term of office of each 
                member of the National Advisory Council shall 
                be 3 years.
                  [(B) Initial appointments.--Of the members 
                initially appointed to the National Advisory 
                Council--
                          [(i) one-third shall be appointed for 
                        a term of 1 year; and
                          [(ii) one-third shall be appointed 
                        for a term of 2 years.
  [(d) Applicability of Federal Advisory Committee Act.--
          [(1) In general.--Notwithstanding section 871(a) and 
        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. 509. NATIONAL INTEGRATION CENTER.

  [(a) In General.--There is established in the Agency a 
National Integration Center.
  [(b) Responsibilities.--
          [(1) In general.--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 of the National Incident Management System, 
        the National Response Plan, and any successor to such 
        system or plan.
          [(2) Specific responsibilities.--The National 
        Integration Center shall periodically review, and 
        revise as appropriate, the National Incident Management 
        System and the National Response Plan, including--
                  [(A) establishing, in consultation with the 
                Director of the Corporation for National and 
                Community Service, a process to better use 
                volunteers and donations;
                  [(B) improving the use of Federal, State, 
                local, and tribal resources and ensuring the 
                effective use of emergency response providers 
                at emergency scenes; and
                  [(C) revising the Catastrophic Incident 
                Annex, finalizing and releasing the 
                Catastrophic Incident Supplement to the 
                National Response Plan, and ensuring that both 
                effectively address response requirements in 
                the event of a catastrophic incident.
  [(c) Incident Management.--
          [(1) In general.--
                  [(A) National response plan.--The Secretary, 
                acting through 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 natural disaster, 
                act of terrorism, or other man-made disaster.
                  [(B) Administrator.--The chain of the command 
                specified in the National Response Plan shall--
                          [(i) provide for a role for the 
                        Administrator consistent with the role 
                        of the Administrator as the principal 
                        emergency management advisor to the 
                        President, the Homeland Security 
                        Council, and the Secretary under 
                        section 503(c)(4) and the 
                        responsibility of the Administrator 
                        under the Post-Katrina Emergency 
                        Management Reform Act of 2006, and the 
                        amendments made by that Act, relating 
                        to natural disasters, acts of 
                        terrorism, and other man-made 
                        disasters; and
                          [(ii) provide for a role for the 
                        Federal Coordinating Officer consistent 
                        with the responsibilities under section 
                        302(b) of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5143(b)).
          [(2) Principal federal official.--The Principal 
        Federal Official (or the successor thereto) shall not--
                  [(A) direct or replace the incident command 
                structure established at the incident; or
                  [(B) have directive authority over the Senior 
                Federal Law Enforcement Official, Federal 
                Coordinating Officer, or other Federal and 
                State officials.

[SEC. 510. CREDENTIALING AND TYPING.

  [(a) In General.--The Administrator shall enter into 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 natural disasters, acts 
of terrorism, and other man-made disasters.
  [(b) Distribution.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, 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 natural disaster, 
                act of terrorism, or other man-made disaster; 
                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 natural disaster, act of 
                terrorism, or other man-made disaster.
          [(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 natural disaster, act of 
        terrorism, or other man-made disaster.
  [(c) Credentialing and Typing of Personnel.--Not later than 6 
months after receiving the standards provided under subsection 
(b), 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 natural disaster, act of terrorism, or other 
manmade disaster are credentialed and typed in accordance with 
this section.
  [(d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under 
this section, the Administrator shall consult with the 
Secretary of Health and Human Services.]

SEC. [511.] 502. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS 
                    CENTER.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [512.] 503. EVACUATION PLANS AND EXERCISES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Assistance.--
          (1) In general.--The [Administrator] Secretary may 
        establish any guidelines, standards, or requirements 
        determined appropriate to administer this section and 
        to ensure effective mass evacuation planning for State, 
        local, and tribal areas.
          (2) Requested assistance.--The [Administrator] 
        Secretary shall make assistance available upon request 
        of a State, local, or tribal government to assist 
        hospitals, nursing homes, and other institutions that 
        house individuals with special needs to establish, 
        maintain, and exercise mass evacuation plans that are 
        coordinated and integrated into the plans developed by 
        that State, local, or tribal government under this 
        section.

           *       *       *       *       *       *       *


[SEC. 513. DISABILITY COORDINATOR.

  [(a) In General.--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), the Administrator shall appoint a Disability 
Coordinator. The Disability Coordinator shall report directly 
to the Administrator, in order to ensure that the needs of 
individuals with disabilities are being properly addressed in 
emergency preparedness and disaster relief.
  [(b) Responsibilities.--The Disability Coordinator shall be 
responsible for--
          [(1) providing guidance and coordination on matters 
        related to individuals with disabilities in emergency 
        planning requirements and relief efforts in the event 
        of a natural disaster, act of terrorism, or other man-
        made disaster;
          [(2) interacting with the staff of the Agency, the 
        National Council on Disabilities, the Interagency 
        Coordinating Council on Preparedness and Individuals 
        with Disabilities established under Executive Order No. 
        13347 (6 U.S.C. 312 note), other agencies of the 
        Federal Government, and State, local, and tribal 
        government authorities regarding the needs of 
        individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a 
        natural disaster, act of terrorism, or other man-made 
        disaster;
          [(3) consulting with organizations that represent the 
        interests and rights of individuals with disabilities 
        about the needs of individuals with disabilities in 
        emergency planning requirements and relief efforts in 
        the event of a natural disaster, act of terrorism, or 
        other man-made disaster;
          [(4) ensuring the coordination and dissemination of 
        best practices and model evacuation plans for 
        individuals with disabilities;
          [(5) ensuring the development of training materials 
        and a curriculum for training of emergency response 
        providers, State, local, and tribal government 
        officials, and others on the needs of individuals with 
        disabilities;
          [(6) promoting the accessibility of telephone 
        hotlines and websites regarding emergency preparedness, 
        evacuations, and disaster relief;
          [(7) working to ensure that video programming 
        distributors, including broadcasters, cable operators, 
        and satellite television services, make emergency 
        information accessible to individuals with hearing and 
        vision disabilities;
          [(8) ensuring the availability of accessible 
        transportation options for individuals with 
        disabilities in the event of an evacuation;
          [(9) providing guidance and implementing policies to 
        ensure that the rights and wishes of individuals with 
        disabilities regarding post-evacuation residency and 
        relocation are respected;
          [(10) ensuring that meeting the needs of individuals 
        with disabilities are included in the components of the 
        national preparedness system established under section 
        644 of the Post-Katrina Emergency Management Reform Act 
        of 2006; and
          [(11) any other duties as assigned by the 
        Administrator.

[SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.

  [(a) Deputy Administrators.--The President may appoint, by 
and with the advice and consent of the Senate, not more than 4 
Deputy Administrators to assist the Administrator in carrying 
out this title.
  [(b) Cybersecurity and Communications.--There is in the 
Department an Assistant Secretary for Cybersecurity and 
Communications.
  [(c) United States Fire Administration.--The Administrator of 
the United States Fire Administration shall have a rank 
equivalent to an assistant secretary of the Department.

[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 
decision makers, can form the basis for incident management 
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, in the event of a natural disaster, act of 
        terrorism, or other man-made disaster; and
          [(2) ensure that critical terrorism and disaster-
        related information reaches government decision-makers.
  [(c) State and Local Fire Service Representation.--
          [(1) Establishment of position.--The Secretary shall, 
        in consultation with the Administrator of the United 
        States Fire Administration, establish a fire service 
        position at the National Operations Center established 
        under subsection (b) to ensure the effective sharing of 
        information between the Federal Government and State 
        and local fire services.
          [(2) Designation of position.--The Secretary shall 
        designate, on a rotating basis, a State or local fire 
        service official for the position described in 
        paragraph (1).
          [(3) Management.--The Secretary shall manage the 
        position established pursuant to paragraph (1) in 
        accordance with such rules, regulations, and practices 
        as govern other similar rotating positions at the 
        National Operations Center.]

SEC. 504. ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS.

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

SEC. 505. NATIONAL OPERATIONS CENTER.

  (a) Definition.--In this section, the term ``situational 
awareness'' means information gathered from a variety of 
sources that, when communicated to emergency managers and 
homeland security decisionmakers, can form the basis for 
homeland security decisionmaking.
  (b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
          (1) provide situational awareness and a common 
        operating picture for the entire Federal Government, 
        and for State, local, and tribal governments as 
        appropriate, for homeland security purposes; and
          (2) ensure that critical homeland security 
        information reaches government decisionmakers.
  (c) FEMA Authority.--Nothing in this section shall be 
construed to provide to the National Operations Center any 
authority that overlaps with the authority of the Administrator 
of the Federal Emergency Management Agency, except to the 
extent necessary to coordinate the activities or information of 
the National Operations Center with the Federal Emergency 
Management Agency.

SEC. [516.] 506. CHIEF MEDICAL OFFICER.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
issues related to [natural disasters, acts of terrorism, and 
other man-made disasters] homeland security, including--
          (1) * * *

           *       *       *       *       *       *       *

          (4) serving as the Department's primary point of 
        contact with the Department of Agriculture, the 
        Department of Defense, the Department of Health and 
        Human Services, the Department of Transportation, the 
        Department of Veterans Affairs, the Federal Emergency 
        Management Agency, and other Federal departments or 
        agencies, on medical and public health issues;

           *       *       *       *       *       *       *

  (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.

[SEC. 517. NUCLEAR INCIDENT RESPONSE.

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

SEC. [518.] 507. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

  (a) * * *

           *       *       *       *       *       *       *


[SEC. 519. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY 
                    RESPONSE.

  [To the maximum extent practicable, the Secretary shall use 
national private sector networks and infrastructure for 
emergency response to chemical, biological, radiological, 
nuclear, or explosive disasters, and other major disasters.]

SEC. [520.] 508. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS, AND 
                    SERVICES.

  It is the sense of Congress that--
          (1) * * *

           *       *       *       *       *       *       *


SEC. [521.] 509. PROCUREMENT OF SECURITY COUNTERMEASURES FOR STRATEGIC 
                    NATIONAL STOCKPILE.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [522.] 510. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
                    INFRASTRUCTURE WORKERS.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [523.] 511. GUIDANCE AND RECOMMENDATIONS.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [524.] 512. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION 
                    AND CERTIFICATION PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

  (a) Requirement.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Consultation.--The Secretary shall conduct each 
        quadrennial homeland security review under this 
        subsection in consultation with--
                  (A) the heads of other Federal agencies, 
                including the Attorney General, the Secretary 
                of State, the Secretary of Defense, the 
                Secretary of Health and Human Services, the 
                Secretary of the Treasury, the Secretary of 
                Agriculture, the Administrator of the Federal 
                Emergency Management Agency, and the Director 
                of National Intelligence;

           *       *       *       *       *       *       *

  (b) Contents of Review.--In each quadrennial homeland 
security review, the Secretary shall--
          (1) delineate and update, as appropriate, the 
        national homeland security strategy, consistent with 
        appropriate national and Department strategies, 
        strategic plans, and Homeland Security Presidential 
        Directives, including the National Strategy for 
        Homeland Security[, the National Response Plan,] and 
        the Department Security Strategic Plan;

           *       *       *       *       *       *       *

  (c) Reporting.--
          (1) * * *
          (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) a discussion of the status of cooperation 
                between the Federal Government and State, 
                local, and tribal governments in preventing 
                terrorist attacks [and preparing for emergency 
                response to threats to national homeland 
                security];

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 887. COORDINATION WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES 
                    UNDER THE PUBLIC HEALTH SERVICE ACT.

  (a) In General.--The annual Federal response plan developed 
by the Department shall be consistent with section 319 of the 
Public Health Service Act (42 U.S.C. 247d) and section 202(b) 
of the FEMA Independence Act of 2009.
  (b) Disclosures Among Relevant Agencies.--
          (1) * * *
          (2) Public health emergency.--During the period in 
        which the Secretary of Health and Human Services has 
        declared the existence of a public health emergency 
        under section 319(a) of the Public Health Service Act 
        (42 U.S.C. 247d(a)), the Secretary of Health and Human 
        Services shall keep relevant agencies, including the 
        Department of Homeland Security, the Federal Emergency 
        Management Agency, the Department of Justice, and the 
        Federal Bureau of Investigation, fully and currently 
        informed.
          (3) Potential public health emergency.--In cases 
        involving, or potentially involving, a public health 
        emergency, but in which no determination of an 
        emergency by the Secretary of Health and Human Services 
        under section 319(a) of the Public Health Service Act 
        (42 U.S.C. 247d(a)), has been made, all relevant 
        agencies, including the Department of Homeland 
        Security, the Federal Emergency Management Agency, the 
        Department of Justice, and the Federal Bureau of 
        Investigation, shall keep the Secretary of Health and 
        Human Services and the Director of the Centers for 
        Disease Control and Prevention fully and currently 
        informed.

           *       *       *       *       *       *       *


TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

           *       *       *       *       *       *       *


SEC. 903. MEMBERSHIP.

  (a) Members.--The members of the Council shall be the 
following:
          (1) * * *

           *       *       *       *       *       *       *

          (6) The Administrator of the Federal Emergency 
        Management Agency.
          [(6)] (7) Such other individuals as may be designated 
        by the President.

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


Subtitle A--Grants to States and High-Risk Urban Areas

           *       *       *       *       *       *       *


SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

  (a) Grants Authorized.--The Secretary[, through the 
Administrator,] may award grants under sections 2003 and 2004 
to State, local, and tribal governments.

           *       *       *       *       *       *       *


SEC. 2003. URBAN AREA SECURITY INITIATIVE.

  (a) Establishment.--There is established an Urban Area 
Security Initiative to provide grants to assist high-risk urban 
areas in [preventing, preparing for, protecting against, and 
responding to] preventing and protecting against acts of 
terrorism.
  (b) Assessment and Designation of High-Risk Urban Areas.--
          (1) In general.--The [Administrator] Secretary shall 
        designate high-risk urban areas to receive grants under 
        this section based on procedures under this subsection.
          (2) Initial assessment.--
                  (A) In general.--For each fiscal year, the 
                [Administrator] Secretary shall conduct an 
                initial assessment of the relative threat, 
                vulnerability, and consequences from acts of 
                terrorism faced by each eligible metropolitan 
                area, including consideration of--
                          (i) * * *

           *       *       *       *       *       *       *

                  (B) Submission of information by eligible 
                metropolitan areas.--Prior to conducting each 
                initial assessment under subparagraph (A), the 
                [Administrator] Secretary shall provide each 
                eligible metropolitan area with, and shall 
                notify each eligible metropolitan area of, the 
                opportunity to--
                          (i) * * *

           *       *       *       *       *       *       *

          (3) Designation of high-risk urban areas.--
                  (A) Designation.--
                          (i) In general.--For each fiscal 
                        year, after conducting the initial 
                        assessment under paragraph (2), and 
                        based on that assessment, the 
                        [Administrator] Secretary shall 
                        designate high-risk urban areas that 
                        may submit applications for grants 
                        under this section.
                          (ii) Additional areas.--
                        Notwithstanding paragraph (2), the 
                        [Administrator] Secretary may--
                                  (I) * * *
                                  (II) designate an area that 
                                is not an eligible metropolitan 
                                area as a high-risk urban area 
                                based on the assessment by the 
                                [Administrator] Secretary of 
                                the relative threat, 
                                vulnerability, and consequences 
                                from acts of terrorism faced by 
                                the area.
                          (iii) Rule of construction.--Nothing 
                        in this subsection may be construed to 
                        require the [Administrator] Secretary 
                        to--
                                  (I) designate all eligible 
                                metropolitan areas that submit 
                                information to the 
                                [Administrator] Secretary under 
                                paragraph (2)(B)(i) as high-
                                risk urban areas; or

           *       *       *       *       *       *       *

                  (B) Jurisdictions included in high-risk urban 
                areas.--
                          (i) In general.--In designating high-
                        risk urban areas under subparagraph 
                        (A), the [Administrator] Secretary 
                        shall determine which jurisdictions, at 
                        a minimum, shall be included in each 
                        high-risk urban area.
                          (ii) Additional jurisdictions.--A 
                        high-risk urban area designated by the 
                        [Administrator] Secretary may, in 
                        consultation with the State or States 
                        in which such high-risk urban area is 
                        located, add additional jurisdictions 
                        to the high-risk urban area.
  (c) Application.--
          (1) * * *
          (2) Minimum contents of application.--In an 
        application for a grant under this section, a high-risk 
        urban area shall submit--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) such information in support of the 
                application as the [Administrator] Secretary 
                may reasonably require.

           *       *       *       *       *       *       *

          (4) State review and transmission.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Opportunity for state comment.--If the 
                Governor of a State determines that an 
                application of a high-risk urban area is 
                inconsistent with the State homeland security 
                plan of that State, or otherwise does not 
                support the application, the Governor shall--
                          (i) notify the [Administrator] 
                        Secretary, in writing, of that fact; 
                        and

           *       *       *       *       *       *       *

          (5) Opportunity to amend.--In considering 
        applications for grants under this section, the 
        [Administrator] Secretary shall provide applicants with 
        a reasonable opportunity to correct defects in the 
        application, if any, before making final awards.
  (d) Distribution of Awards.--
          (1) In general.--If the [Administrator] Secretary 
        approves the application of a high-risk urban area for 
        a grant under this section, the [Administrator] 
        Secretary shall distribute the grant funds to the State 
        or States in which that high-risk urban area is 
        located.

           *       *       *       *       *       *       *

          (3) Interstate urban areas.--If parts of a high-risk 
        urban area awarded a grant under this section are 
        located in 2 or more States, the [Administrator] 
        Secretary shall distribute to each such State--
                  (A) * * *
                  (B) if no agreement on distribution has been 
                reached, a portion of the grant funds 
                determined by the [Administrator] Secretary to 
                be appropriate.
          (4) Certifications regarding distribution of grant 
        funds to high-risk urban areas.--A State that receives 
        grant funds under paragraph (1) shall certify to the 
        [Administrator] Secretary that the State has made 
        available to the applicable high-risk urban area the 
        required funds under paragraph (2).

           *       *       *       *       *       *       *


SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

  (a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal 
governments in [preventing, preparing for, protecting against, 
and responding to] preventing and protecting against acts of 
terrorism.
  (b) Application.--
          (1) In general.--Each State may apply for a grant 
        under this section, and shall submit such information 
        in support of the application as the [Administrator] 
        Secretary may reasonably require.
          (2) Minimum contents of application.--The 
        [Administrator] Secretary shall require that each State 
        include in its application, at a minimum--
                  (A) * * *

           *       *       *       *       *       *       *

  (c) Distribution to Local and Tribal Governments.--
          (1) * * *
          (2) Certifications regarding distribution of grant 
        funds to local governments.--A State shall certify to 
        the [Administrator] Secretary that the State has made 
        the distribution to local and tribal governments 
        required under paragraph (1).
          (3) Extension of period.--The Governor of a State may 
        request in writing that the [Administrator] Secretary 
        extend the period under paragraph (1) for an additional 
        period of time. The [Administrator] Secretary may 
        approve such a request if the [Administrator] Secretary 
        determines that the resulting delay in providing grant 
        funding to the local and tribal governments is 
        necessary to promote effective investments [to prevent, 
        prepare for, protect against, or respond to] to prevent 
        or protect against acts of terrorism.

           *       *       *       *       *       *       *

          (5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required 
        under paragraph (1) in a timely fashion, a local or 
        tribal government entitled to receive such distribution 
        may petition the [Administrator] Secretary to request 
        that grant funds be provided directly to the local or 
        tribal government.
  (d) Multistate Applications.--
          (1) In general.--Instead of, or in addition to, any 
        application for a grant under subsection (b), 2 or more 
        States may submit an application for a grant under this 
        section in support of multistate efforts [to prevent, 
        prepare for, protect against, and respond to] to 
        prevent and protect against acts of terrorism.
          (2) Administration of grant.--If a group of States 
        applies for a grant under this section, such States 
        shall submit to the [Administrator] Secretary at the 
        time of application a plan describing--
                  (A) * * *

           *       *       *       *       *       *       *

  (e) Minimum Allocation.--
          (1) In general.--In allocating funds under this 
        section, the [Administrator] Secretary shall ensure 
        that--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

  (a) In General.--Notwithstanding section 2004(b), the 
[Administrator] Secretary may award grants to directly eligible 
tribes under section 2004.
  (b) Tribal Applications.--A directly eligible tribe may apply 
for a grant under section 2004 by submitting an application to 
the [Administrator] Secretary that includes, as appropriate, 
the information required for an application by a State under 
section 2004(b).
  (c) Consistency With State Plans.--
          (1) * * *
          (2) Opportunity for comment.--If the Governor of a 
        State determines that the application of a directly 
        eligible tribe is inconsistent with the State homeland 
        security plan of that State, or otherwise does not 
        support the application, not later than 30 days after 
        the date of receipt of that application the Governor 
        shall--
                  (A) notify the [Administrator] Secretary, in 
                writing, of that fact; and

           *       *       *       *       *       *       *

  (d) Final Authority.--The [Administrator] Secretary shall 
have final authority to approve any application of a directly 
eligible tribe. The [Administrator] Secretary shall notify each 
State within the boundaries of which any part of a directly 
eligible tribe is located of the approval of an application by 
the tribe.
  (e) Prioritization.--The [Administrator] Secretary shall 
allocate funds to directly eligible tribes in accordance with 
the factors applicable to allocating funds among States under 
section 2007.
  (f) Distribution of Awards to Directly Eligible Tribes.--If 
the [Administrator] Secretary awards funds to a directly 
eligible tribe under this section, the [Administrator] 
Secretary shall distribute the grant funds directly to the 
tribe and not through any State.
  (g) Minimum Allocation.--
          (1) In general.--In allocating funds under this 
        section, the [Administrator] Secretary shall ensure 
        that, for each fiscal year, directly eligible tribes 
        collectively receive, from the funds appropriated for 
        the State Homeland Security Grant Program established 
        under section 2004, not less than an amount equal to 
        0.1 percent of the total funds appropriated for grants 
        under sections 2003 and 2004.
          (2) Exception.--This subsection shall not apply in 
        any fiscal year in which the [Administrator] 
        Secretary--
                  (A) * * *

           *       *       *       *       *       *       *

  (h) Tribal Liaison.--A directly eligible tribe applying for a 
grant under section 2004 shall designate an individual to serve 
as a tribal liaison with the Department and other Federal, 
State, local, and regional government officials concerning 
[preventing, preparing for, protecting against, and responding 
to] preventing and protecting against acts of terrorism.

           *       *       *       *       *       *       *


SEC. 2006. TERRORISM PREVENTION.

  (a) Law Enforcement Terrorism Prevention Program.--
          (1) In general.--The [Administrator] Secretary shall 
        ensure that not less than 25 percent of the total 
        combined funds appropriated for grants under sections 
        2003 and 2004 is used for law enforcement terrorism 
        prevention activities.
          (2) Law enforcement terrorism prevention 
        activities.--Law enforcement terrorism prevention 
        activities include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) any other terrorism prevention activity 
                authorized by the [Administrator] Secretary.
          (3) Participation of underrepresented communities in 
        fusion centers.--The [Administrator] Secretary shall 
        ensure that grant funds described in paragraph (1) are 
        used to support the participation, as appropriate, of 
        law enforcement and other emergency response providers 
        from rural and other underrepresented communities at 
        risk from acts of terrorism in fusion centers.
  (b) Office for State and Local Law Enforcement.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Responsibilities.--The Assistant Secretary for 
        State and Local Law Enforcement shall--
                  (A) lead the coordination of Department-wide 
                policies relating to the role of State and 
                local law enforcement in [preventing, preparing 
                for, protecting against, and responding to 
                natural disasters, acts of terrorism, and other 
                man-made disasters within the United States] 
                preventing and protecting against acts of 
                terrorism within the United States;

           *       *       *       *       *       *       *

                  (D) work with the [Administrator] Secretary 
                to ensure that law enforcement and terrorism-
                focused grants to State, local, and tribal 
                government agencies, including grants under 
                sections 2003 and 2004, the Commercial 
                Equipment Direct Assistance Program, and other 
                grants administered by the Department to 
                support fusion centers and law enforcement-
                oriented programs, are appropriately focused on 
                terrorism prevention activities;

           *       *       *       *       *       *       *


SEC. 2007. PRIORITIZATION.

  (a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or 
2004, the [Administrator] Secretary shall consider, for each 
State or high-risk urban area--
          (1) its relative threat, vulnerability, and 
        consequences from acts of terrorism, including 
        consideration of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) its degree of threat, vulnerability, and 
                consequences related to critical infrastructure 
                (for all critical infrastructure sectors) or 
                key resources identified by the [Administrator] 
                Secretary or the State homeland security plan, 
                including threats, vulnerabilities, and 
                consequences related to critical infrastructure 
                or key resources in nearby jurisdictions;

           *       *       *       *       *       *       *

                  (H) its likely need to [respond to] address 
                acts of terrorism occurring in nearby 
                jurisdictions;

           *       *       *       *       *       *       *

                  (J) in the case of a high-risk urban area, 
                the extent to which that high-risk urban area 
                includes--
                          (i) those incorporated 
                        municipalities, counties, parishes, and 
                        Indian tribes within the relevant 
                        eligible metropolitan area, the 
                        inclusion of which will enhance 
                        regional efforts [to prevent, prepare 
                        for, protect against, and respond to] 
                        to prevent and protect against acts of 
                        terrorism; and

           *       *       *       *       *       *       *

                  (K) such other factors as are specified in 
                writing by the [Administrator] Secretary; and
          (2) the anticipated effectiveness of the proposed use 
        of the grant by the State or high-risk urban area in 
        increasing the ability of that State or high-risk urban 
        area [to prevent, prepare for, protect against, and 
        respond to] to prevent and protect against acts of 
        terrorism, to meet its target capabilities, and to 
        otherwise reduce the overall risk to the high-risk 
        urban area, the State, or the Nation.
  (b) Types of Threat.--In assessing threat under this section, 
the [Administrator] Secretary shall consider the following 
types of threat to critical infrastructure sectors and to 
populations in all areas of the United States, urban and rural:
          (1) * * *

           *       *       *       *       *       *       *

          (9) Such other types of threat determined relevant by 
        the [Administrator] Secretary.

SEC. 2008. USE OF FUNDS.

  (a) Permitted Uses.--The [Administrator] Secretary shall 
permit the recipient of a grant under section 2003 or 2004 to 
use grant funds to achieve target capabilities related to 
[preventing, preparing for, protecting against, and responding 
to] preventing and protecting against acts of terrorism, 
consistent with a State homeland security plan and relevant 
local, tribal, and regional homeland security plans, through--
          (1) * * *

           *       *       *       *       *       *       *

          (12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program, 
        except to the extent that such activities are 
        inconsistent with the FEMA Independence Act of 2009 
        (including the amendments made by that Act); and
          (13) any other appropriate activity, as determined by 
        the [Administrator] Secretary.
  (b) Limitations on Use of Funds.--
          (1) * * *
          (2) Personnel.--
                  (A) * * *
                  (B) Waiver.--At the request of the recipient 
                of a grant under section 2003 or 2004, the 
                [Administrator] Secretary may grant a waiver of 
                the limitation under subparagraph (A).
          (3) Limitations on discretion.--
                  (A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under 
                section 2003 or 2004 for personnel costs in 
                accordance with paragraph (2) of this 
                subsection, the [Administrator] Secretary may 
                not--
                          (i) * * *

           *       *       *       *       *       *       *

                  (B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used 
                for paying salary or benefits of a qualified 
                intelligence analyst under subsection (a)(10), 
                the [Administrator] Secretary shall make such 
                amounts available without time limitations 
                placed on the period of time that the analyst 
                can serve under the grant.
          (4) Construction.--
                  (A) * * *
                  (B) Exceptions.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to [preventing, preparing for, 
                        protecting against, or responding to] 
                        preventing or protecting against acts 
                        of terrorism, including through the 
                        alteration or remodeling of existing 
                        buildings for the purpose of making 
                        such buildings secure against acts of 
                        terrorism.
                          (ii) Requirements for exception.--No 
                        grant awarded under section 2003 or 
                        2004 may be used for a purpose 
                        described in clause (i) unless--
                                  (I) specifically approved by 
                                the [Administrator] Secretary;

           *       *       *       *       *       *       *

  (d) Reimbursement of Costs.--
          (1) * * *
          (2) Performance of federal duty.--An applicant for a 
        grant under section 2003 or 2004 may petition the 
        [Administrator] Secretary to use the funds from its 
        grants under those sections for the reimbursement of 
        the cost of any activity relating to [preventing, 
        preparing for, protecting against, or responding to] 
        preventing or protecting against acts of terrorism that 
        is a Federal duty and usually performed by a Federal 
        agency, and that is being performed by a State or local 
        government under agreement with a Federal agency.
  (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or 
2004, the [Administrator] Secretary may authorize the grant 
recipient to transfer all or part of the grant funds from uses 
specified in the grant agreement to other uses authorized under 
this section, if the [Administrator] Secretary determines that 
such transfer is in the interests of homeland security.

           *       *       *       *       *       *       *


                   Subtitle B--Grants Administration

SEC. 2021. ADMINISTRATION AND COORDINATION.

  [(a) Regional Coordination.--The Secretary shall ensure 
that--
          [(1) all recipients of grants administered by the 
        Department to prevent, prepare for, protect against, or 
        respond to natural disasters, acts of terrorism, or 
        other man-made disasters (excluding assistance provided 
        under section 203, title IV, or title V of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
        coordinate, as appropriate, their prevention, 
        preparedness, and protection efforts with neighboring 
        State, local, and tribal governments; and
          [(2) all high-risk urban areas and other recipients 
        of grants administered by the Department to prevent, 
        prepare for, protect against, or respond to natural 
        disasters, acts of terrorism, or other man-made 
        disasters (excluding assistance provided under section 
        203, title IV, or title V of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5133, 5170 et seq., and 5191 et seq.)) that include or 
        substantially affect parts or all of more than 1 State 
        coordinate, as appropriate, across State boundaries, 
        including, where appropriate, through the use of 
        regional working groups and requirements for regional 
        plans.]
  (a) Regional Coordination.--The Secretary shall ensure that--
          (1) all recipients of grants administered by the 
        Department to prevent and protect against acts of 
        terrorism coordinate, as appropriate, their prevention 
        and protection efforts with neighboring State, local, 
        and tribal governments; and
          (2) all high-risk urban areas and other recipients of 
        grants administered by the Department to prevent and 
        protect against acts of terrorism that include or 
        substantially affect parts or all of more than 1 State 
        coordinate, as appropriate, across State boundaries, 
        including, where appropriate, through the use of 
        regional working groups and requirements for regional 
        plans.

           *       *       *       *       *       *       *

  (c) Interagency Coordination.--
          (1) In general.--Not later than 12 months after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Secretary 
        [(acting through the Administrator)], the Attorney 
        General, the Secretary of Health and Human Services, 
        and the heads of other agencies providing assistance to 
        State, local, and tribal governments for preventing, 
        preparing for, protecting against, and responding to 
        natural disasters, acts of terrorism, and other man-
        made disasters, shall jointly--
                  (A) * * *

           *       *       *       *       *       *       *

  (d) Sense of Congress.--It is the sense of Congress that, in 
order to ensure that the Nation is most effectively able to 
prevent, prepare for, protect against, and respond to all 
hazards, including natural disasters, acts of terrorism, and 
other man-made disasters--
          (1) the [Department] Federal Government should 
        administer a coherent and coordinated system of both 
        terrorism-focused and all-hazards grants;

           *       *       *       *       *       *       *


SEC. 2022. ACCOUNTABILITY.

  (a) Audits of Grant Programs.--
          (1) Compliance requirements.--
                  (A) Audit requirement.--Each recipient of a 
                grant administered by the Department that 
                expends not less than $500,000 in Federal funds 
                during its fiscal year shall submit to the 
                [Administrator] Secretary a copy of the 
                organization-wide financial and compliance 
                audit report required under chapter 75 of title 
                31, United States Code.

           *       *       *       *       *       *       *

                  (C) Improper payments.--Consistent with the 
                Improper Payments Information Act of 2002 (31 
                U.S.C. 3321 note), for each of the grant 
                programs under sections 2003 and 2004 of this 
                title and section 662 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 
                U.S.C. 762), the [Administrator] Secretary 
                shall specify policies and procedures for--
                          (i) * * *

           *       *       *       *       *       *       *

          (2) Agency program review.--
                  [(A) In general.--Not less than once every 2 
                years, the Secretary shall conduct, for each 
                State and high-risk urban area receiving a 
                grant administered by the Department, a 
                programmatic and financial review of all grants 
                awarded by the Department to prevent, prepare 
                for, protect against, or respond to natural 
                disasters, acts of terrorism, or other man-made 
                disasters, excluding assistance provided under 
                section 203, title IV, or title V of the Robert 
                T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5133, 5170 et seq., 
                and 5191 et seq.).]
                  (A) In general.--Not less than once every 2 
                years, the Secretary shall conduct, for each 
                State and high-risk urban area receiving a 
                grant administered by the Department, a 
                programmatic and financial review of all grants 
                awarded by the Department to prevent or protect 
                against acts of terrorism.
                  (B) Contents.--Each review under subparagraph 
                (A) shall, at a minimum, examine--
                          (i) * * *
                          (ii) the extent to which funds 
                        awarded enhanced the ability of a 
                        grantee [to prevent, prepare for, 
                        protect against, and respond to natural 
                        disasters, acts of terrorism, and other 
                        man-made disasters] to prevent and 
                        protect against acts of terrorism.
                  (C) Authorization of appropriations.--In 
                addition to any other amounts authorized to be 
                appropriated to the [Administrator] Secretary, 
                there are authorized to be appropriated to the 
                [Administrator] Secretary for reviews under 
                this paragraph--
                          (i)  * * *

           *       *       *       *       *       *       *

          (3) Office of inspector general performance audits.--
                  [(A) In general.--In order to ensure the 
                effective and appropriate use of grants 
                administered by the Department, the Inspector 
                General of the Department each year shall 
                conduct audits of a sample of States and high-
                risk urban areas that receive grants 
                administered by the Department to prevent, 
                prepare for, protect against, or respond to 
                natural disasters, acts of terrorism, or other 
                man-made disasters, excluding assistance 
                provided under section 203, title IV, or title 
                V of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5133, 5170 
                et seq., and 5191 et seq.).]
                  (A) In general.--In order to ensure the 
                effective and appropriate use of grants 
                administered by the Department, the Inspector 
                General of the Department each year shall 
                conduct audits of a sample of States and high-
                risk urban areas that receive grants 
                administered by the Department to prevent or 
                protect against acts of terrorism.
                  (B) Determining samples.--The sample selected 
                for audits under subparagraph (A) shall be--
                          (i) * * *
                          (ii) selected based on--
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (III) concerns identified by 
                                the [Administrator] Secretary, 
                                including referrals from the 
                                [Administrator] Secretary; and

           *       *       *       *       *       *       *

                  (D) Report by the inspector general.--
                          (i) * * *
                          (ii) Contents.--Each report submitted 
                        under clause (i) shall describe, for 
                        the fiscal year before the date of that 
                        report--
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (IV) the extent to which 
                                funds awarded enhanced the 
                                ability of a grantee [to 
                                prevent, prepare for, protect 
                                against, and respond to natural 
                                disasters, acts of terrorism 
                                and other man-made disasters] 
                                to prevent and protect against 
                                acts of terrorism.

           *       *       *       *       *       *       *

                  (F) Provision of information to 
                [administrator] secretary.--The Inspector 
                General of the Department shall provide to the 
                [Administrator] Secretary any findings and 
                recommendations from audits conducted under 
                subparagraph (A).

           *       *       *       *       *       *       *

          (4) Performance assessment.--In order to ensure that 
        States and high-risk urban areas are using grants 
        administered by the Department appropriately to meet 
        target capabilities and preparedness priorities, the 
        [Administrator] Secretary shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) ensure that each State receiving a grant 
                administered by the Department submits a report 
                to the [Administrator] Secretary on its level 
                of preparedness, as required by section 652(c) 
                of the Post-Katrina Emergency Management Reform 
                Act of 2006 (6 U.S.C. 752(c)).
          (5) Consideration of assessments.--In conducting 
        program reviews and performance audits under paragraphs 
        (2) and (3), the [Administrator] Secretary and the 
        Inspector General of the Department shall take into 
        account the performance assessment elements required 
        under paragraph (4).
          (6) Recovery audits.--The [Administrator] Secretary 
        shall conduct a recovery audit (as that term is defined 
        by the Director of the Office of Management and Budget 
        under section 3561 of title 31, United States Code) for 
        any grant administered by the Department with a total 
        value of not less than $1,000,000, if the 
        [Administrator] Secretary finds that--
                  (A) * * *

           *       *       *       *       *       *       *

          (7) Remedies for noncompliance.--
                  (A) In general.--If, as a result of a review 
                or audit under this subsection or otherwise, 
                the [Administrator] Secretary finds that a 
                recipient of a grant under this title has 
                failed to substantially comply with any 
                provision of law or with any regulations or 
                guidelines of the Department regarding eligible 
                expenditures, the [Administrator] Secretary 
                shall--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) take such other action as the 
                        [Administrator] Secretary determines 
                        appropriate.
                  (B) Duration of penalty.--The [Administrator] 
                Secretary shall apply an appropriate penalty 
                under subparagraph (A) until such time as the 
                [Administrator] Secretary determines that the 
                grant recipient is in full compliance with the 
                law and with applicable guidelines or 
                regulations of the Department.
  (b) Reports by Grant Recipients.--
          (1) Quarterly reports on homeland security 
        spending.--
                  (A) In general.--As a condition of receiving 
                a grant under section 2003 or 2004, a State, 
                high-risk urban area, or directly eligible 
                tribe shall, not later than 30 days after the 
                end of each Federal fiscal quarter, submit to 
                the [Administrator] Secretary a report on 
                activities performed using grant funds during 
                that fiscal quarter.

           *       *       *       *       *       *       *

  (c) Reports [by the Administrator].--
          (1) * * *
          (2) Risk assessment.--
                  (A) In general.--For each fiscal year, the 
                [Administrator] Secretary shall provide to the 
                appropriate committees of Congress a detailed 
                and comprehensive explanation of the 
                methodologies used to calculate risk and 
                compute the allocation of funds for grants 
                administered by the Department, including--
                          (i) * * *

           *       *       *       *       *       *       *

          (3) Tribal funding report.--At the end of each fiscal 
        year, the [Administrator] Secretary shall submit to the 
        appropriate committees of Congress a report setting 
        forth the amount of funding provided during that fiscal 
        year to Indian tribes under any grant program 
        administered by the Department, whether provided 
        directly or through a subgrant from a State or high-
        risk urban area.

           *       *       *       *       *       *       *

  (d) Administration of Grants.--The Secretary may request the 
Administrator to continue to support the administration of any 
grant authorized by this title.
                              ----------                              


POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006

           *       *       *       *       *       *       *


TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


                    Subtitle B--Personnel Provisions

CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

           *       *       *       *       *       *       *


SEC. 624. SURGE CAPACITY FORCE.

  (a) * * *
  (b) Employees Designated to Serve.--The plan shall include 
procedures under which the [Secretary] Administrator shall 
designate employees [of the Department] who are not employees 
of the Agency and shall, in conjunction with the heads of other 
Executive agencies, designate employees of those other 
Executive agencies, as appropriate, to serve on the Surge 
Capacity Force.
  (c) Capabilities.--The plan shall ensure that the Surge 
Capacity Force--
          (1) includes a sufficient number of individuals 
        credentialed in accordance with [section 510 of the 
        Homeland Security Act of 2002, as amended by this Act,] 
        section 203 of the FEMA Independence Act of 2009 that 
        are capable of deploying rapidly and efficiently after 
        activation to prepare for, respond to, and recover from 
        natural disasters, acts of terrorism, and other man-
        made disasters, including catastrophic incidents; and
          (2) includes a sufficient number of full-time, highly 
        trained individuals credentialed in accordance with 
        [section 510 of the Homeland Security Act of 2002, as 
        amended by this Act,] section 203 of the FEMA 
        Independence Act of 2009 to lead and manage the Surge 
        Capacity Force.

           *       *       *       *       *       *       *


CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES

           *       *       *       *       *       *       *


SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.

  (a) Measures to Improve Information Technology Systems.--The 
Administrator[, in coordination with the Chief Information 
Officer of the Department,] shall take appropriate measures to 
update and improve the information technology systems of the 
Agency, including measures to--
          (1) * * *

           *       *       *       *       *       *       *


             Subtitle C--Comprehensive Preparedness System

                CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

SEC. 641. DEFINITIONS.

  In this chapter:
          (1) * * *
          (2) Credentialed; credentialing.--The terms 
        ``credentialed'' and ``credentialing'' have the 
        meanings given those terms in [section 501 of the 
        Homeland Security Act of 2002 (6 U.S.C. 311)] section 
        203 of the FEMA Independence Act of 2009.

           *       *       *       *       *       *       *

          (14) Typed; typing.--The terms ``typed'' and 
        ``typing'' have the meanings given those terms in 
        [section 501 of the Homeland Security Act of 2002 (6 
        U.S.C. 311)] section 203 of the FEMA Independence Act 
        of 2009.

           *       *       *       *       *       *       *


SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.

  (a)  * * *
  (b) Contents.--For each Federal agency with responsibilities 
under the National Response Plan, the inventory shall include--
          (1)  * * *
          (2) a list of personnel credentialed in accordance 
        with [section 510 of the Homeland Security Act of 2002 
        (6 U.S.C. 320)] section 203 of the FEMA Independence 
        Act of 2009;
          (3) a list of resources typed in accordance with 
        [section 510 of the Homeland Security Act of 2002 (6 
        U.S.C. 320)] section 203 of the FEMA Independence Act 
        of 2009; and

           *       *       *       *       *       *       *


SEC. 653. FEDERAL PREPAREDNESS.

  (a) Agency Responsibility.--In support of the national 
preparedness system, the President shall ensure that each 
Federal agency with coordinating, primary, or supporting 
responsibilities under the National Response Plan--
          (1) * * *
          (2) complies with the National Incident Management 
        System, including credentialing of personnel and typing 
        of resources likely needed to respond to a natural 
        disaster, act of terrorism, or other man-made disaster 
        in accordance with [section 510 of the Homeland 
        Security Act of 2002 (6 U.S.C. 320)] section 203 of the 
        FEMA Independence Act of 2009;

           *       *       *       *       *       *       *


Subtitle E--Stafford Act Amendments

           *       *       *       *       *       *       *


SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.

  (a) In General.--The Administrator, in coordination with the 
Secretary of Housing and Urban Development, the Administrator 
of the Environmental Protection Agency, the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of the 
Treasury, the Secretary of Transportation, the Administrator of 
the Small Business Administration, the Assistant Secretary for 
Indian Affairs of the Department of the Interior, the 
Secretary, and the heads of other appropriate Federal agencies, 
State, local, and tribal government officials (including 
through the National Advisory Council), and representatives of 
appropriate nongovernmental organizations shall develop, 
coordinate, and maintain a National Disaster Recovery Strategy 
to serve as a guide to recovery efforts after major disasters 
and emergencies.

           *       *       *       *       *       *       *


SEC. 689. INDIVIDUALS WITH DISABILITIES.

  (a) Guidelines.--Not later than 90 days after the date of 
enactment of this Act, and in coordination with the National 
Advisory Council, the National Council on Disability, the 
Interagency Coordinating Council on Preparedness and 
Individuals With Disabilities established under Executive Order 
No. 13347 (6 U.S.C. 312 note), and the Disability Coordinator 
(established under [section 513 of the Homeland Security Act of 
2002, as added by this Act] section 204 of the FEMA 
Independence Act of 2009), the Administrator shall develop 
guidelines to accommodate individuals with disabilities, which 
shall include guidelines for--
          (1) * * *

           *       *       *       *       *       *       *


Subtitle F--Prevention of Fraud, Waste, and Abuse

           *       *       *       *       *       *       *


SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

  (a) Regulations.--The [Secretary] Administrator shall 
promulgate regulations applicable to contracts described in 
subsection (c) to minimize the excessive use by contractors of 
subcontractors or tiers of subcontractors to perform the 
principal work of the contract.
  (b) Specific Requirement.--At a minimum, the regulations 
promulgated under subsection (a) shall preclude a contractor 
from using subcontracts for more than 65 percent of the cost of 
the contract or the cost of any individual task or delivery 
order (not including overhead and profit), unless the 
[Secretary] Administrator determines that such requirement is 
not feasible or practicable.
  (c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an 
amount greater than the simplified acquisition threshold (as 
defined by section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)) entered into by the [Department] 
Agency to facilitate response to or recovery from a natural 
disaster or act of terrorism or other man-made disaster.

           *       *       *       *       *       *       *


SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

  (a) Regulations.--The [Secretary] Administrator shall 
promulgate regulations applicable to contracts described in 
subsection (c) to restrict the contract period of any such 
contract entered into using procedures other than competitive 
procedures pursuant to the exception provided in paragraph (2) 
of section 303(c) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(c)) to the minimum contract 
period necessary--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Specific Contract Period.--The regulations promulgated 
under subsection (a) shall require the contract period to not 
to exceed 150 days, unless the [Secretary] Administrator 
determines that exceptional circumstances apply.
  (c) Covered Contracts.--This section applies to any contract 
in an amount greater than the simplified acquisition threshold 
(as defined by section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)) entered into by the [Department] 
Agency to facilitate response to or recovery from a natural 
disaster, act of terrorism, or other man-made disaster.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 31, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--GENERAL

           *       *       *       *       *       *       *


CHAPTER 9--AGENCY CHIEF FINANCIAL OFFICERS

           *       *       *       *       *       *       *


Sec. 901. Establishment of agency Chief Financial Officers

  (a) * * *
  (b)(1) * * *
  (2) The agencies referred to in subsection (a)(2) are the 
following:
          (A) * * *

           *       *       *       *       *       *       *

          (H) The Federal Emergency Management Agency.

           *       *       *       *       *       *       *

                              ----------                              


INSPECTOR GENERAL ACT OF 1978

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 12. As used in this Act--
          (1) the term ``head of the establishment'' means the 
        Secretary of Agriculture, Commerce, Defense, Education, 
        Energy, Health and Human Services, Housing and Urban 
        Development, the Interior, Labor, State, 
        Transportation, Homeland Security, or the Treasury; the 
        Attorney General; the Administrator of the Agency for 
        International Development, Environmental Protection, 
        General Services, National Aeronautics and Space, or 
        Small Business, or Veterans' Affairs; the [Director of 
        the Federal Emergency Management Agency] Administrator 
        of the Federal Emergency Management Agency, or the 
        Office of Personnel Management; the Chairman of the 
        Nuclear Regulatory Commission or the Railroad 
        Retirement Board; the Chairperson of the Thrift 
        Depositor Protection Oversight Board; the Chief 
        Executive Officer of the Corporation for National and 
        Community Service; the Administrator of the Community 
        Development Financial Institutions Fund; the chief 
        executive officer of the Resolution Trust Corporation; 
        the Chairperson of the Federal Deposit Insurance 
        Corporation; the Commissioner of Social Security, 
        Social Security Administration; the Director of the 
        Federal Housing Finance Agency; the Board of Directors 
        of the Tennessee Valley Authority; the President of the 
        Export-Import Bank; or the Federal Cochairpersons of 
        the Commissions established under section 15301 of 
        title 40, United States Code; as the case may be;

           *       *       *       *       *       *       *

                              ----------                              


    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

           *       *       *       *       *       *       *


TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


SEC. 204. INTERAGENCY TASK FORCE.

  (a) * * *
  (b) Chairperson.--The [Director] Administrator of the Federal 
Emergency Management Agency shall serve as the chairperson of 
the task force.

           *       *       *       *       *       *       *


TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. .

  (a) * * *
  (b) Emergency Response Teams.--
          (1) Establishment.--In carrying out subsection (a), 
        the President, acting through the [Director] 
        Administrator of the Federal Emergency Management 
        Agency, shall establish--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Target capability level.--The [Director] 
        Administrator shall ensure that specific target 
        capability levels, as defined pursuant to the 
        guidelines established under section 646(a) of the 
        Post-Katrina Emergency Management Reform Act of 2006, 
        are established for Federal emergency response teams.
          (3) Personnel.--The President, acting through the 
        [Director] Administrator, shall ensure that the Federal 
        emergency response teams consist of adequate numbers of 
        properly planned, organized, equipped, trained, and 
        exercised personnel to achieve the established target 
        capability levels. Each emergency response team shall 
        work in coordination with State and local officials and 
        onsite personnel associated with a particular incident.
          (4) Readiness reporting.--The [Director] 
        Administrator shall evaluate team readiness on a 
        regular basis and report team readiness levels in the 
        report required under section 652(a) of the Post-
        Katrina Emergency Management Reform Act of 2006.

           *       *       *       *       *       *       *


SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Duties.--The Small State and Rural Advocate shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) conduct such other activities as the [Director] 
        Administrator of the Federal Emergency Management 
        Agency considers appropriate.

TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 404. HAZARD MITIGATION.

  (a) * * *
  (b) Property Acquisition and Relocation Assistance.--
          (1) General authority.--In providing hazard 
        mitigation assistance under this section in connection 
        with flooding, the [Director] Administrator of the 
        Federal Emergency Management Agency may provide 
        property acquisition and relocation assistance for 
        projects that meet the requirements of paragraph (2).
          (2) Terms and conditions.--An acquisition or 
        relocation project shall be eligible to receive 
        assistance pursuant to paragraph (1) only if--
                  (A) * * *
                  (B) on or after the date of enactment of this 
                subsection, the applicant for the assistance 
                enters into an agreement with the [Director] 
                Administrator that provides assurances that--
                          (i) * * *
                          (ii) no new structure will be erected 
                        on property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program other 
                        than--
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (III) a structure that the 
                                [Director] Administrator 
                                approves in writing before the 
                                commencement of the 
                                construction of the structure; 
                                and

           *       *       *       *       *       *       *


SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Large In-Lieu Contributions.--
          (1) For public facilities.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Limitations.--Funds made available to a 
                State or local government under this paragraph 
                may not be used for--
                          (i) * * *
                          (ii) any uninsured public facility 
                        located in a special flood hazard area 
                        identified by the [Director] 
                        Administrator of the Federal Emergency 
                        Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 
                        4001 et seq.).
          (2) For private nonprofit facilities.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Limitations.--Funds made available to a 
                person under this paragraph may not be used 
                for--
                          (i) * * *
                          (ii) any uninsured private nonprofit 
                        facility located in a special flood 
                        hazard area identified by the 
                        [Director] Administrator of the Federal 
                        Emergency Management Agency under the 
                        National Flood Insurance Act of 1968 
                        (42 U.S.C. 4001 et seq.).
  (d) Flood Insurance.--
          (1) Reduction of federal assistance.--If a public 
        facility or private nonprofit facility located in a 
        special flood hazard area identified for more than 1 
        year by the [Director] Administrator pursuant to the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
        seq.) is damaged or destroyed, after the 180th day 
        following the date of the enactment of the Disaster 
        Relief and Emergency Assistance Amendments of 1988, by 
        flooding in a major disaster and such facility is not 
        covered on the date of such flooding by flood 
        insurance, the Federal assistance which would otherwise 
        be available under this section with respect to repair, 
        restoration, reconstruction, and replacement of such 
        facility and associated expenses shall be reduced in 
        accordance with paragraph (2).

           *       *       *       *       *       *       *

  (e) Eligible Cost.--
          (1) * * 

           *       *       *       *       *       *       *

          (3) Expert panel.--
                  (A) Establishment.--Not later than 18 months 
                after the date of the enactment of this 
                paragraph, the President, acting through the 
                [Director] Administrator of the Federal 
                Emergency Management Agency, shall establish an 
                expert panel, which shall include 
                representatives from the construction industry 
                and State and local government.

           *       *       *       *       *       *       *


TITLE VI--EMERGENCY PREPAREDNESS

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

  (a) Definitions.--For purposes of this title only:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Organizational equipment.--The term 
        ``organizational equipment'' means equipment determined 
        by the [Director] Administrator to be necessary to an 
        emergency preparedness organization, as distinguished 
        from personal equipment, and of such a type or nature 
        as to require it to be financed in whole or in part by 
        the Federal Government. Such term does not include 
        those items which the local community normally uses in 
        combating local disasters, except when required in 
        unusual quantities dictated by the requirements of the 
        emergency preparedness plans.

           *       *       *       *       *       *       *

          [(7) Director.--The term `` Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency.]
          (7) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.

           *       *       *       *       *       *       *


SEC. 603. ADMINISTRATION OF TITLE.

  This title shall be carried out by the [Director] 
Administrator of the Federal Emergency Management Agency.

                     Subtitle A--Powers and Duties

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

  (a) In General.--In order to carry out the policy described 
in section 601, the [Director] Administrator shall have the 
authorities provided in this section.
  (b) Federal Emergency Response Plans and Programs.--The 
[Director] Administrator may prepare Federal response plans and 
programs for the emergency preparedness of the United States 
and sponsor and direct such plans and programs. To prepare such 
plans and programs and coordinate such plans and programs with 
State efforts, the [Director] Administrator may request such 
reports on State plans and operations for emergency 
preparedness as may be necessary to keep the President, 
Congress, and the States advised of the status of emergency 
preparedness in the United States.
  (c) Delegation of Emergency Preparedness Responsibilities.--
With the approval of the President, the [Director] 
Administrator may delegate to other departments and agencies of 
the Federal Government appropriate emergency preparedness 
responsibilities and review and coordinate the emergency 
preparedness activities of the departments and agencies with 
each other and with the activities of the States and 
neighboring countries.
  (d) Communications and Warnings.--The [Director] 
Administrator may make appropriate provision for necessary 
emergency preparedness communications and for dissemination of 
warnings to the civilian population of a hazard.
  (e) Emergency Preparedness Measures.--The [Director] 
Administrator may study and develop emergency preparedness 
measures designed to afford adequate protection of life and 
property, including--
          (1) * * *

           *       *       *       *       *       *       *

  (f) Training Programs.--(1) The [Director] Administrator 
may--
          (A) * * *
          (B) conduct or operate schools or including the 
        payment of travel expenses, in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code, and the Standardized Government Travel 
        Regulations, and per diem allowances, in lieu of 
        subsistence for trainees in attendance or the 
        furnishing of subsistence and quarters for trainees and 
        instructors on terms prescribed by the [Director] 
        Administrator; and

           *       *       *       *       *       *       *

  (2) The terms prescribed by the [Director] Administrator for 
the payment of travel expenses and per diem allowances 
authorized by this subsection shall include a provision that 
such payment shall not exceed one-half of the total cost of 
such expenses.
  (3) The [Director] Administrator may lease real property 
required for the purpose of carrying out this subsection, but 
may not acquire fee title to property unless specifically 
authorized by law.
  (g) Public Dissemination of Emergency Preparedness 
Information.--The [Director] Administrator may publicly 
disseminate appropriate emergency preparedness information by 
all appropriate means.
  (h) Emergency Preparedness Compacts.--(1) The [Director] 
Administrator shall establish a program supporting the 
development of emergency preparedness compacts for acts of 
terrorism, disasters, and emergencies throughout the Nation, 
by--
          (A) * * *

           *       *       *       *       *       *       *

  (2) The [Director] Administrator may--
          (A) * * *

           *       *       *       *       *       *       *

  (i) Materials and Facilities.--(1) The [Director] 
Administrator may procure by condemnation or otherwise, 
construct, lease, transport, store, maintain, renovate or 
distribute materials and facilities for emergency preparedness, 
with the right to take immediate possession thereof.

           *       *       *       *       *       *       *

  (3) The [Director] Administrator may lease real property 
required for the purpose of carrying out the provisions of this 
subsection, but shall not acquire fee title to property unless 
specifically authorized by law.
  (4) The [Director] Administrator may procure and maintain 
under this subsection radiological, chemical, bacteriological, 
and biological agent monitoring and decontamination devices and 
distribute such devices by loan or grant to the States for 
emergency preparedness purposes, under such terms and 
conditions as the [Director] Administrator shall prescribe.
  (j) Financial Contributions.--(1) The [Director] 
Administrator may make financial contributions, on the basis of 
programs or projects approved by the [Director] Administrator, 
to the States for emergency preparedness purposes, including 
the procurement, construction, leasing, or renovating of 
materials and facilities. Such contributions shall be made on 
such terms or conditions as the [Director] Administrator shall 
prescribe, including the method of purchase, the quantity, 
quality, or specifications of the materials or facilities, and 
such other factors or care or treatment to assure the 
uniformity, availability, and good condition of such materials 
or facilities.
  (2) The [Director] Administrator may make financial 
contributions, on the basis of programs or projects approved by 
the [Director] Administrator, to the States and local 
authorities for animal emergency preparedness purposes, 
including the procurement, construction, leasing, or renovating 
of emergency shelter facilities and materials that will 
accommodate people with pets and service animals.

           *       *       *       *       *       *       *

  (4) The amounts authorized to be contributed by the 
[Director] Administrator to each State for organizational 
equipment shall be equally matched by such State from any 
source it determines is consistent with its laws.
  (5) Financial contributions to the States for shelters and 
other protective facilities shall be determined by taking the 
amount of funds appropriated or available to the [Director] 
Administrator for such facilities in each fiscal year and 
apportioning such funds among the States in the ratio which the 
urban population of the critical target areas (as determined by 
the [Director] Administrator) in each State, at the time of the 
determination, bears to the total urban population of the 
critical target areas of all of the States.
  (6) The amounts authorized to be contributed by the 
[Director] Administrator to each State for such shelters and 
protective facilities shall be equally matched by such State 
from any source it determines is consistent with its laws and, 
if not matched within a reasonable time, the [Director] 
Administrator may reallocate such amounts to other States under 
the formula described in paragraph (4). The value of any land 
contributed by any State or political subdivision thereof shall 
be excluded from the computation of the State share under this 
subsection.
  (7) The amounts paid to any State under this subsection shall 
be expended solely in carrying out the purposes set forth 
herein and in accordance with State emergency preparedness 
programs or projects approved by the [Director] Administrator. 
The [Director] Administrator shall make no contribution toward 
the cost of any program or project for the procurement, 
construction, or leasing of any facility which (A) is intended 
for use, in whole or in part, for any purpose other than 
emergency preparedness, and (B) is of such kind that upon 
completion it will, in the judgment of the [Director] 
Administrator, be capable of producing sufficient revenue to 
provide reasonable assurance of the retirement or repayment of 
such cost; except that (subject to the preceding provisions of 
this subsection) the [Director] Administrator may make a 
contribution to any State toward that portion of the cost of 
the construction, reconstruction, or enlargement of any 
facility which the [Director] Administrator determines to be 
directly attributable to the incorporation in such facility of 
any feature of construction or design not necessary for the 
principal intended purpose thereof but which is, in the 
judgment of the [Director] Administrator necessary for the use 
of such facility for emergency preparedness purposes.
  (8) The [Director] Administrator shall submit to Congress a 
report, at least annually, regarding all contributions made 
pursuant to this subsection.
  (9) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed 
with the assistance of any contribution of Federal funds made 
by the [Director] Administrator under this subsection shall be 
paid wages at rates not less than those prevailing on similar 
construction in the locality as determined by the Secretary of 
Labor in accordance with the Act of March 3, 1931 (commonly 
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and 
every such employee shall receive compensation at a rate not 
less than one and \1/2\ times the basic rate of pay of the 
employee for all hours worked in any workweek in excess of 
eight hours in any workday or 40 hours in the workweek, as the 
case may be. The [Director] Administrator shall make no 
contribution of Federal funds without first obtaining adequate 
assurance that these labor standards will be maintained upon 
the construction work. The Secretary of Labor shall have, with 
respect to the labor standards specified in this subsection, 
the authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of 
June 13, 1934 (40 U.S.C. 276(c)).
  (k) Sale or Disposal of Certain Materials and Facilities.--
The [Director] Administrator may arrange for the sale or 
disposal of materials and facilities found by the [Director] 
Administrator to be unnecessary or unsuitable for emergency 
preparedness purposes in the same manner as provided for excess 
property under the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.). Any funds received as 
proceeds from the sale or other disposition of such materials 
and facilities shall be deposited into the Treasury as 
miscellaneous receipts.

SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.

  The [Director] Administrator shall give all practicable 
assistance to States in arranging, through the Department of 
State, mutual emergency preparedness aid between the States and 
neighboring countries.

SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

  (a) General Authority.--To further assist in carrying out the 
purposes of this title, the [Director] Administrator may make 
financial contributions to the States (including interstate 
emergency preparedness authorities established pursuant to 
section 611(h)) for necessary and essential State and local 
emergency preparedness personnel and administrative expenses, 
on the basis of approved plans (which shall be consistent with 
the Federal emergency response plans for emergency 
preparedness) for the emergency preparedness of the States. The 
financial contributions to the States under this section may 
not exceed one-half of the total cost of such necessary and 
essential State and local emergency preparedness personnel and 
administrative expenses.
  (b) Plan Requirements.--A plan submitted under this section 
shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) provide for the development of State and local 
        emergency preparedness operational plans, including a 
        catastrophic incident annex, pursuant to standards 
        approved by the [Director] Administrator;

           *       *       *       *       *       *       *

          (5) provide that the State shall make such reports in 
        such form and content as the [Director] Administrator 
        may require;
          (6) make available to duly authorized representatives 
        of the [Director] Administrator and the Comptroller 
        General, books, records, and papers necessary to 
        conduct audits for the purposes of this section; and

           *       *       *       *       *       *       *

  (d) Terms and Conditions.--The [Director] Administrator shall 
establish such other terms and conditions as the [Director] 
Administrator considers necessary and proper to carry out this 
section.

           *       *       *       *       *       *       *

  (f) Allocation of Funds.--For each fiscal year concerned, the 
[Director] Administrator shall allocate to each State, in 
accordance with regulations and the total sum appropriated 
under this title, amounts to be made available to the States 
for the purposes of this section. Regulations governing 
allocations to the States under this subsection shall give due 
regard to (1) the criticality of the areas which may be 
affected by hazards with respect to the development of the 
total emergency preparedness readiness of the United States, 
(2) the relative state of development of emergency preparedness 
readiness of the State, (3) population, and (4) such other 
factors as the [Director] Administrator shall prescribe. The 
[Director] Administrator may reallocate the excess of any 
allocation not used by a State in a plan submitted under this 
section. Amounts paid to any State or political subdivision 
under this section shall be expended solely for the purposes 
set forth in this section.
  (g) Standards for State and Local Emergency Preparedness 
Operational Plans.--In approving standards for State and local 
emergency preparedness operational plans pursuant to subsection 
(b)(3), the [Director] Administrator shall ensure that such 
plans take into account the needs of individuals with household 
pets and service animals prior to, during, and following a 
major disaster or emergency.
  (h) Submission of Plan.--If a State fails to submit a plan 
for approval as required by this section within 60 days after 
the [Director] Administrator notifies the States of the 
allocations under this section, the [Director] Administrator 
may reallocate such funds, or portions thereof, among the other 
States in such amounts as, in the judgment of the [Director] 
Administrator, will best assure the adequate development of the 
emergency preparedness capability of the United States.
  (h) Annual Reports.--The [Director] Administrator shall 
report annually to the Congress all contributions made pursuant 
to this section.

           *       *       *       *       *       *       *


SEC. 616. DISASTER RELATED INFORMATION SERVICES.

  (a) In General.--Consistent with section 308(a), the 
[Director] Administrator of Federal Emergency Management Agency 
shall--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Group Size.--For purposes of subsection (a), the 
[Director] Administrator of Federal Emergency Management Agency 
shall define the size of a population group.

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

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

                     Subtitle B--General Provisions

SEC. 621. ADMINISTRATIVE AUTHORITY.

  (a) In General.--For the purpose of carrying out the powers 
and duties assigned to the [Director] Administrator under this 
title, the [Director] Administrator may exercise the 
administrative authorities provided under this section.
  (b) Advisory Personnel.--(1) The [Director] Administrator may 
employ not more than 100 part-time or temporary advisory 
personnel (including not to exceed 25 subjects of the United 
Kingdom or citizens of Canada) as the [Director] Administrator 
considers to be necessary in carrying out the provisions of 
this title.
  (2) Persons holding other offices or positions under the 
United States for which they receive compensation, while 
serving as advisory personnel, shall receive no additional 
compensation for such service. Other part-time or temporary 
advisory personnel so employed may serve without compensation 
or may receive compensation at a rate not to exceed $180 for 
each day of service, plus authorized subsistence and travel, as 
determined by the [Director] Administrator.
  (c) Services of Other Agency Personnel and Volunteers.--The 
[Director] Administrator may--
          (1) * * *

           *       *       *       *       *       *       *

  (d) Gifts.--Notwithstanding any other provision of law, the 
[Director] Administrator may accept gifts of supplies, 
equipment, and facilities and may use or distribute such gifts 
for emergency preparedness purposes in accordance with the 
provisions of this title.
  (e) Reimbursement.--The [Director] Administrator may 
reimburse any Federal agency for any of its expenditures or for 
compensation of its personnel and use or consumption of its 
materials and facilities under this title to the extent funds 
are available.
  (f) Printing.--The [Director] Administrator may purchase such 
printing, binding, and blank-book work from public, commercial, 
or private printing establishments or binderies as the 
[Director] Administrator considers necessary upon orders placed 
by the Public Printer or upon waivers issued in accordance with 
section 504 of title 44, United States Code.
  (g) Rules and Regulations.--The [Director] Administrator may 
prescribe such rules and regulations as may be necessary and 
proper to carry out any of the provisions of this title and 
perform any of the powers and duties provided by this title. 
The [Director] Administrator may perform any of the powers and 
duties provided by this title through or with the aid of such 
officials of the Federal Emergency Management Agency as the 
[Director] Administrator may designate.
  (h) Failure To Expend Contributions Correctly.--(1) When, 
after reasonable notice and opportunity for hearing to the 
State or other person involved, the [Director] Administrator 
finds that there is a failure to expend funds in accordance 
with the regulations, terms, and conditions established under 
this title for approved emergency preparedness plans, programs, 
or projects, the [Director] Administrator may notify such State 
or person that further payments will not be made to the State 
or person from appropriations under this title (or from funds 
otherwise available for the purposes of this title for any 
approved plan, program, or project with respect to which there 
is such failure to comply) until the [Director] Administrator 
is satisfied that there will no longer be any such failure.
  (2) Until so satisfied, the [Director] Administrator shall 
either withhold the payment of any financial contribution to 
such State or person or limit payments to those programs or 
projects with respect to which there is substantial compliance 
with the regulations, terms, and conditions governing plans, 
programs, or projects hereunder.

           *       *       *       *       *       *       *


SEC. 622. SECURITY REGULATIONS.

  (a) Establishment.--The [Director] Administrator shall 
establish such security requirements and safeguards, including 
restrictions with respect to access to information and property 
as the [Director] Administrator considers necessary.

           *       *       *       *       *       *       *

  (c) National Security Positions.--No employee of the Federal 
Emergency Management Agency shall occupy any position 
determined by the [Director] Administrator to be of critical 
importance from the standpoint of national security until a 
full field investigation concerning such employee shall have 
been conducted by the Director of the Office of Personnel 
Management and a report thereon shall have been evaluated in 
writing by the [Director] Administrator of the Federal 
Emergency Management Agency. In the event such full field 
investigation by the Director of the Office of Personnel 
Management develops any data reflecting that such applicant for 
a position of critical importance is of questionable loyalty or 
reliability for security purposes, or if the [Director] 
Administrator of the Federal Emergency Management Agency for 
any other reason considers it to be advisable, such 
investigation shall be discontinued and a report thereon shall 
be referred to the [Director] Administrator of the Federal 
Emergency Management Agency for evaluation in writing. 
Thereafter, the [Director] Administrator of the Federal 
Emergency Management Agency may refer the matter to the Federal 
Bureau of Investigation for the conduct of a full field 
investigation by such Bureau. The result of such latter 
investigation by such Bureau shall be furnished to the 
[Director] Administrator of the Federal Emergency Management 
Agency for action.
  (d) Employee Oaths.--Each Federal employee of the Federal 
Emergency Management Agency acting under the authority of this 
title, except the subjects of the United Kingdom and citizens 
of Canada specified in section 621(b), shall execute the 
loyalty oath or appointment affidavits prescribed by the 
[Director] Administrator of the Office of Personnel Management. 
Each person other than a Federal employee who is appointed to 
serve in a State or local organization for emergency 
preparedness shall before entering upon duties, take an oath in 
writing before a person authorized to administer oaths, which 
oath shall be substantially as follows: I, ----------, do 
solemnly swear (or affirm) that I will support and defend the 
Constitution of the United States against all enemies, foreign 
and domestic; that I will bear true faith and allegiance to the 
same; that I take this obligation freely, without any mental 
reservation or purpose of evasion; and that I will well and 
faithfully discharge the duties upon which I am about to 
enter.And I do further swear (or affirm) that I do not 
advocate, nor am I a member or an affiliate of any 
organization, group, or combination of persons that advocates 
the overthrow of the Government of the United States by force 
or violence; and that during such time as I am a member of ----
------ (name of emergency preparedness organization), I will 
not advocate nor become a member or an affiliate of any 
organization, group, or combination of persons that advocates 
the overthrow of the Government of the United States by force 
or violence.'' After appointment and qualification for office, 
the director of emergency preparedness of any State, and any 
subordinate emergency preparedness officer within such State 
designated by the director in writing, shall be qualified to 
administer any such oath within such State under such 
regulations as the director shall prescribe. Any person who 
shall be found guilty of having falsely taken such oath shall 
be punished as provided in section 1621 of title 18, United 
States Code.

SEC. 623. USE OF EXISTING FACILITIES.

  In performing duties under this title, the [Director] 
Administrator--
          (1) * * *

           *       *       *       *       *       *       *

          (3) shall refrain from engaging in any form of 
        activity which would duplicate or parallel activity of 
        any other Federal department or agency unless the 
        [Director] Administrator, with the written approval of 
        the President, shall determine that such duplication is 
        necessary to accomplish the purposes of this title.

SEC. 624. ANNUAL REPORT TO CONGRESS.

  The [Director] Administrator shall annually submit a written 
report to the President and Congress covering expenditures, 
contributions, work, and accomplishments of the Federal 
Emergency Management Agency pursuant to this title, accompanied 
by such recommendations as the [Director] Administrator 
considers appropriate.

           *       *       *       *       *       *       *


SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM.

  (a) In General.--The [Director] Administrator shall establish 
a minority emergency preparedness demonstration program to 
research and promote the capacity of minority communities to 
provide data, information, and awareness education by providing 
grants to or executing contracts or cooperative agreements with 
eligible nonprofit organizations to establish and conduct such 
programs.

           *       *       *       *       *       *       *

  (e) Application and Review Procedure.--To be eligible to 
receive a grant, contract, or cooperative agreement under this 
section, an organization must submit an application to the 
[Director] Administrator at such time, in such manner, and 
accompanied by such information as the [Director] Administrator 
may reasonably require. The [Director] Administrator shall 
establish a procedure by which to accept such applications.

           *       *       *       *       *       *       *