Section 1 Short title
This Act may be cited as the “FEMA Reauthorization Act of 2017”.
FEMA Reauthorization Act of 2017
A BILL
To reauthorize the programs and activities of the Federal Emergency Management Agency.
Sec. 2 Reauthorization of federal emergency management agency
Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 6 U.S.C. 811) is amended—
by striking “administration and operations” each place it appears and inserting “management and administration”;
in paragraph (2), by striking “; and”;
in paragraph (3), by striking the period and inserting “; and”; and
by adding at the end the following:
“(4) for fiscal year 2018, $1,049,000,000;
“(5) for fiscal year 2019, $1,065,784,000; and
“(6) for fiscal year 2020, $1,082,836,544.”
Sec. 3 Comprehensive study of disaster costs and losses
Establishment— Not later than 30 days after the date of enactment of this Act, the Administrator shall begin, acting through the National Advisory Council, a comprehensive study relating to disaster costs and losses and Federal disaster assistance.
Additional membership— For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of this Act, the Administrator shall appoint the following members to the National Advisory Council:
Individuals who have the requisite technical knowledge and expertise on issues related to disaster costs and losses.
Representatives of the insurance industry.
Experts in and representatives of the construction and building industry.
Individuals nominated by national organizations representing State, local, and tribal governments and personnel.
Academic experts.
Representatives of the private industry, such as vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services.
Other members, as the Administrator considers appropriate.
Consultation with nonmembers— For the purposes of the comprehensive study required under subsection (a), the National Advisory Council shall consult with other relevant agencies and entities that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including—
entities engaged in federally funded research; and
academic institutions engaged in relevant work and research.
Study requirements— Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate disaster costs and losses and Federal disaster assistance, including consideration of the following:
Trends and contributing factors— An assessment of trends, and factors contributing to such trends (such as shifting demographics and aging infrastructure), in disaster costs and losses and Federal disaster assistance, including the following:
Loss of life and injury.
Property damage and other costs to individuals, the private sector, and each level of government.
Presidentially declared disasters.
Disaster assistance available from all Federal sources.
Disaster roles and responsibility— Fundamental principles that drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector, and individuals.
Recommendations— The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver Federal disaster assistance, including consideration of the following:
Actions to enhance national disaster assistance decision making.
Incentives, including tax incentives, to reduce disaster costs and losses and promote a more efficient and effective use of Federal disaster assistance.
Mechanisms to promote disaster cost and loss reduction, mitigation, and resiliency.
Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2; 127 Stat. 49).
Legal, societal, geographic, technological, and other challenges to implementation of recommendations.
Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations.
Report to administrator and congress— Not later than 1 year after the National Advisory Council convenes under subsection (d), the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsections (d) and (e) to—
the Administrator;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Homeland Security and Governmental Affairs of the Senate.
Availability of information— The Administrator shall make the data collected pursuant to this section publicly available on the website of the Agency.
Sec. 4 National domestic preparedness consortium
Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended—
in subsection (d) by striking paragraphs (1) and (2) and inserting the following:
“(1) for the Center for Domestic Preparedness—
“(A) $63,939,000 for fiscal year 2018;
“(B) $64,962,024 for fiscal year 2019; and
“(C) $66,001,416 for fiscal year 2020; and
“(2) for the members referred to in paragraphs (2) through (7) of subsection (b)—
“(A) $101,000,000 for fiscal year 2018;
“(B) $102,606,000 for fiscal year 2019; and
“(C) $104,247,856 for fiscal year 2020.”
in subsection (e) in the matter preceding paragraph (1), by striking “2007” and inserting “2015”.
Sec. 5 National preparation and response efforts relating to earthquakes and tsunamis
The Administrator of the Federal Emergency Management Agency shall be responsible for the Nation’s efforts to reduce the loss of life and property, and to protect the Nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event.
Sec. 6 Authorities
Notwithstanding any other provision of law, the non-federally funded actions of private parties, State, local, or Tribal governments, on State, local, Tribal, and private land, and the effects of those actions, shall not be attributed to the Federal Emergency Management Agency's actions under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat. 1020) for the purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species Act. Actions taken under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014, that may influence private actions do not create a Federal nexus for the purpose of applying the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
Sec. 7 Technical Amendments to National Emergency Management
Homeland Security Act of 2002— Title V of the Homeland Security Act of 2002 (6 U.S.C. 501 et seq.) is amended—
in section 501(8) (6 U.S.C. 311(8))—
by striking “National Response Plan” each place it appears and inserting “National Response Framework”; and
by striking “502(a)(6)” and inserting “504(a)(6)”;
in section 503(b)(2)(A) (6 U.S.C. 313) by inserting “and incidents impacting critical infrastructure” before the semicolon;
in section 504(a) (6 U.S.C. 314(a))—
in paragraph (3) by striking “, including—” and inserting “(that includes incidents impacting critical infrastructure), including—”;
in paragraph (4) by inserting “, including incidents impacting critical infrastructure” before the semicolon;
in paragraph (5) by striking “and local” and inserting “local, and tribal”;
in paragraph (6) by striking “national response plan” and inserting “national response framework, which shall be reviewed and updated as required but not less than every 5 years”;
by redesignating paragraphs (7) through (21) as paragraphs (8) through (22), respectively;
by inserting after paragraph (6) the following:
“(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 years;”
in paragraph (14), as redesignated, by striking “National Response Plan” each place it appears and inserting “National Response Framework”;
in section 507 (6 U.S.C. 317)—
in subsection (c)—
in paragraph (2)(E), by striking “National Response Plan” and inserting “National Response Framework”; and
in paragraph (3)(A), by striking “National Response Plan” and inserting “National Response Framework”; and
in subsection (f)(1)(G), by striking “National Response Plan” and inserting “National Response Framework”;
in section 508 (6 U.S.C. 318)—
in subsection (b)(1), by striking “National Response Plan” and inserting “National Response Framework”; and
in subsection (d)(2)(A), by striking “The Deputy Administrator, Protection and National Preparedness” and inserting “A Deputy Administrator”;
in section 509 (6 U.S.C. 319)—
in subsection (b)—
in paragraph (1)—
by striking “National Response Plan” and inserting “National Response Framework, National Protection Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework”;
by striking “successor” and inserting “successors”; and
by striking “plan” at the end of that paragraph and inserting “framework”; and
in paragraph (2), by striking “National Response Plan” each place it appears and inserting “National Response Framework”; and
in subsection (c)(1)—
in subparagraph (A)—
by striking “National Response Plan” in the header and inserting “National Response Framework”; and
by striking “National Response Plan” in the text and inserting “National Response Framework”; and
in subparagraph (B), by striking “National Response Plan” and inserting “National Response Framework”;
in section 510 (6 U.S.C. 320)—
in subsection (a), by striking “enter into a memorandum of understanding” and inserting “partner”;
in subsection (b)(1)(A), by striking “National Response Plan” and inserting “National Response Framework”; and
in subsection (c), by striking “National Response Plan” and inserting “National Response Framework”;
in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking “and local” each place it appears and inserting “, local, and tribal”;
by striking section 524 (6 U.S.C. 321m); and
in section 525(a) (6 U.S.C. 321n), by striking “Secretary” and inserting “Administrator”.
Post-Katrina Emergency Management Reform Act of 2006—
Citation correction— Section 602(13) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended by striking “502(a)(6)” and inserting “504(a)(6)”.
Change of reference— Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295) is amended by striking “National Response Plan” each place it appears and inserting “National Response Framework”.