[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5532 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5532
To provide for a National Disaster Safety Board.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2021
Ms. Porter (for herself, Ms. Mace, and Mr. Garamendi) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To provide for a National Disaster Safety Board.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Disaster Safety Board Act
of 2021''.
SEC. 2. ESTABLISHMENT AND PURPOSE.
(a) Organization.--There is established in the executive branch a
National Disaster Safety Board, which shall be an independent
establishment, as defined in section 104 of title 5, United States
Code.
(b) Purpose.--The purposes of the Board are--
(1) to reduce loss of life, injury, and economic injury
caused by future incidents by learning from natural hazards,
including the impacts and underlying factors of such incidents,
in a standardized way;
(2) to maintain a focus that is future-looking and national
in scope, by applying what the Board learns through the trends
that emerge from the incidents the Board reviews nationally to
prevent loss of life, or human or economic injury, not only in
the affected jurisdiction, but nationally, as the Board
determines relevant;
(3) in carrying out reviews, analyses, and recommendations,
not to be accusatory in nature and the Board shall not seek to
find blame in any individual or organization, or second-guess
any relevant authorities;
(4) to address systemic causes behind the loss of life and
human or economic injury in incidents, including by
recommending the augmentation of resources available to
entities responsible for managing incident consequences; and
(5) while preventing economic injury as part of the mission
of the Board, when relevant, to prioritize efforts that focus
on lifesaving and injury prevention, especially in
disproportionately impacted communities, as its work determines
them to be.
SEC. 3. GENERAL AUTHORITY.
(a) Authority To Review.--
(1) In general.--Subject to subsection (b), the Board shall
review and establish the facts, circumstances, and cause or
probable cause of the loss of life, human injury, and economic
injury due to a natural hazard with 10 or more fatalities or
that meets the requirements described in paragraph (5) or (6)
of subsection (b) that occurs after the date of enactment of
this Act.
(2) Due to a natural hazard incident defined.--For purposes
of paragraph (1), the term ``due to a natural hazard'' means a
fatality that, if not for the natural hazard incident, as the
case may be, would not have occurred within the time frame of
the incident, as defined by standards developed by the Board.
(b) Determination of Whether Incident Warrants Board Review.--In
carrying out subsection (a), the Board--
(1) may begin the review of an incident, including by
monitoring the natural hazard and collecting facts, before the
total number of fatalities is known if the Board determines
that the natural hazard incident has the potential to cause 10
or more fatalities at its onset, in accordance with the
policies and procedures established by the Board;
(2) may, by a two-thirds vote, decide that an incident that
caused 10 or more fatalities does not require a review and
shall issue a public statement explaining the determination;
(3) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of this
Act upon request from a representative of an affected State,
Tribal government, or unit of local government, regardless of
the number of fatalities;
(4) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of this
Act upon recommendation by the Office for the Protection of
Disproportionately Impacted Communities of the Board, which the
Office may make because of the incident's impacts on
populations that are socially, medically, or economically
vulnerable, as decided by the Office; and
(5) may, by a majority vote, decide to review a natural
hazard incident that occurs after the date of enactment of this
Act if--
(A) the Board determines that information may be
gained by the review that will be useful in reducing
systemic causes behind the loss of life and human or
economic injury; and
(B) the incident--
(i) did not result in 10 or more
fatalities; and
(ii)(I) could have resulted in a large
number of fatalities if not for swift
intervention or a shift in the course of
events; or
(II) resulted in, as determined by the
Board--
(aa) a significant amount of
economic or infrastructure damage;
(bb) significant human
displacement; or
(cc) a significant number of severe
non-fatal injuries or cases of severe
illness; and
(6) shall, by majority vote, determine whether each
incident for which the President issues a major disaster
declaration under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
meets the criteria for review under paragraph (5).
(c) Nature of Review.--
(1) In general.--In carrying out a review under this Act,
the Board shall--
(A) conduct the review to determine the facts,
conditions, and circumstances relating to the loss of
life, human injury, and economic injury due to an
incident;
(B) following an initial assessment of an incident
by the Board, notify any individual or organization
that the Board anticipates will be affected by the
review as to the extent of the expected review response
of the Board;
(C) use the results of the review under
subparagraph (A) to--
(i) determine how and why people die and
are injured during an incident; and
(ii) issue recommendations to prevent or
mitigate the loss of life, human injury, or
economic injury due to similar incidents; and
(D) report on the facts and circumstances of the
incident review, including the pre-incident resilience
or vulnerabilities of the incident area or population.
(2) Generalized nature of reviews.--A review of loss of
life and injury conducted by the Board shall--
(A) be generalized;
(B) focus on trends across an incident; and
(C) not aim to determine the exact individual cause
of death or injury of any affected people.
(3) Fact-finding proceeding.--Any review of an incident by
the Board under this Act shall be a fact-finding proceeding
with no adverse parties.
(4) Limitation of applicability of other acts.--
(A) Administrative procedure act.--Any review
proceedings of the Board under this Act shall not be--
(i) subject to the Administrative Procedure
Act (5 U.S.C. 551 et seq.); or
(ii) conducted for the purpose of
determining the rights, liabilities, or blame
of any person, as the review is not an
adjudicatory proceeding.
(B) Paperwork reduction act.--Chapter 35 of title
44, United States Code (commonly known as the
``Paperwork Reduction Act''), shall not apply to the
review proceedings of the Board under this Act.
(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
(5) Initiating reviews.--The Board shall initiate a review
of an incident by monitoring the situation and assessing
available facts to determine the appropriate review response,
without interfering in any ongoing lifesaving and life
sustaining efforts underway by other entities.
(6) Alignment and coordination.--In carrying out this Act,
the Board shall coordinate with Federal, State, local, and
Tribal entities to--
(A) establish or adopt standard methods of
measuring the impacts of natural hazards and accessing
response capacity and capabilities to maintain
consistency and allow for the analysis of trends over
time;
(B) ensure that the standard data sets and formats
necessary for reviews developed under subparagraph (A)
are propagated among Federal, State, local, and tribal
entities that may be involved in response operations;
(C) leverage, to the extent practicable, data
collected using standard data sets and formats
established under subparagraph (B) by Federal entities
involved in response operations to avoid any
duplication of data collection; and
(D) during incident response operations, coordinate
with partners active in the operation to collect data
remotely or take other actions that the Board finds
necessary to align and coordinate the requirements of
the review with ongoing operations, including through
the requirements of paragraph (7).
(7) Incident command.--The Board shall--
(A) recognize the role of incident command systems
to address incidents;
(B) observe the incident command system to identify
and coordinate review needs related to the preservation
and collection of information and evidence; and
(C) shall collect information and evidence from the
incident command in a timely and reasonable manner so
as not to interfere with the operations of the incident
command.
(8) Parties to the review.--
(A) Participants.--Subject to subparagraph (B), the
Board may invite one or more entities to serve as a
party in a review on a voluntary basis, and any party
participant shall be required to follow all directions
and instructions from the Board.
(B) Eligible entity.--In designating an entity to
serve as a party under subparagraph (A), the Board may
designate only a Federal, State, or local government
agency or private organization whose employees,
functions, activities, or products were involved in the
incident, including responsible parties, and that can
provide suitable qualified technical personnel to
actively assist in the review.
(C) Representatives of eligible entities.--To the
extent practicable, a representative proposed by an
entity designated as a party under subparagraph (A) to
participate in the review may not be an individual who
had direct involvement in the incident under review.
(D) Revocation of party status.--A designation as a
party under subparagraph (A) may be revoked or
suspended by the Board if the party fails to comply
with assigned duties and instructions, withholds
information, or otherwise acts in a manner prejudicial
or disruptive to a review.
(E) Rule of construction.--Nothing in this
paragraph shall be construed to establish a right for
any entity to participate in a Board review as a party.
(F) Internal review by a party.--To assure
coordination of concurrent efforts, a party to a review
that conducts or authorizes an internal review of the
processes and procedures of the party as a result of an
incident that the Board is reviewing shall--
(i) inform the Board of the nature of the
review; and
(ii) provide to the Board findings from the
review.
(9) Review procedures.--In addition to any procedures
required under this Act, the Board shall determine and publish
detailed review procedures as the Board determines necessary.
(10) Products.--The Board may use any medium that will
effectively convey the findings and recommendations of the
Board to the targeted audience of such findings or
recommendations.
(d) Review by Affected Authorities.--
(1) In general.--When the Board has completed the findings
and recommendations or other products as a result of a review
under this Act, the Board shall provide all affected States,
Tribal governments, and units of local government, or their
designees, an opportunity to review and comment not later than
30 days before the publication of the findings or
recommendations.
(2) Requirement.--The Board shall make every reasonable
effort, within its discretion, to respond to requests for
additional information and context that an affected
jurisdiction may make and to edit their findings and
recommendations with any useful additional information or
context provided by any affected jurisdiction in its comments
without affecting the integrity or independence of the review
and its findings and recommendations, as the Board shall
determine.
(e) Disproportionately Impacted Communities.--
(1) In general.--In carrying out a review of an incident
under this section, including in determining whether to launch
a review, the Board shall ensure the potential development of
findings that would benefit the prevention of loss of life and
human or economic injury to populations that are socially,
medically, or economically vulnerable, as decided by the Board.
(2) Data requirement.--To forward the analysis and
identification of trends of fatalities and injuries as a result
of incidents, the Board shall publish information regarding the
number of fatalities and injuries, and the facts and
circumstances surrounding them, disaggregated by race, color or
ethnicity, religion, nationality, sex, age, disability, English
proficiency, occupation, or economic status, and other
demographic characteristics that the Board may determine
appropriate.
(f) Coordination With Other Reviews and Investigations.--
(1) In general.--Subject to the requirements of this
section, a review of a natural hazard incident by the Board
under subsection (a)(1) shall have priority over any
investigation by another department, agency, or instrumentality
of the Federal Government or a State, Tribal, or local
government.
(2) Participation by other agencies.--The Board shall
provide for appropriate participation by other departments,
agencies, or instrumentalities in a review conducted by the
Board, except that another department, agency, or
instrumentality may not influence the final findings of the
Board.
(3) Coordination.--The Board shall coordinate with all
other Federal, State, Tribal, or local legally mandated
investigations or reviews and may share information with those
entities, according to policies and procedures that the Board
will provide, to ensure that appropriate findings and
recommendations to reduce loss of life, injury, and economic
injury caused by future incidents are produced as efficiently
as possible.
(4) Memoranda of understanding.--Not later than 1 year
after the date of enactment of this Act, and biennially
thereafter, the Chairman of the Board shall enter into
memoranda of understanding with the Director of the National
Institute of Standards and Technology, the Administrator of the
Federal Emergency Management Agency, the Chairman of the
Chemical Safety Board, and the Chairman of the National
Transportation Safety Board, respectively, and may enter into
additional memoranda of understanding with any other Federal
entity that requests such due to the relationship that the
requirements of the Federal entity may have with the
requirements with the Board, in order to--
(A) determine the appropriate roles and
responsibilities of the Board with respect to the other
agency or board;
(B) avoid any duplication of effort; and
(C) ensure that appropriate findings and
recommendations to reduce loss of life, injury, and
economic injury caused by future incidents are
provided.
(g) Participation in Support of Another Agency.--
(1) In general.--
(A) Investigation of acts of violence.--The Board
may participate in an investigation of an act of
violence in support of another Federal department or
agency, or other Federal investigative body with
statutory authority to lead such an investigation, if
the head of the lead investigative agency determines
that the participation of the Board would be beneficial
to reduce the likelihood of the loss of life and human
or economic injury, for future similar incidents.
(B) Investigation of technological incidents.--
(i) In general.--The Board may participate
in an investigation of a technological
incident--
(I) in support of another Federal
department or agency, or other Federal
investigative body with statutory
authority to lead such an
investigation, if the head of the lead
investigative agency determines that
the participation of the Board would be
beneficial to reduce the likelihood of
the loss of life and human or economic
injury, for future similar incidents;
or
(II) in the case of no statutory
authority for another Federal
department or agency, or other Federal
investigative body, to lead such an
investigation, as the lead
investigative entity.
(ii) Memoranda of understanding.--Not later
than 1 year after the date of enactment of this
Act, and biennially thereafter, the Chairman of
the Board shall enter into memoranda of
understanding with the heads of appropriate
Federal agencies in order to--
(I) determine the appropriate roles
and responsibilities of the Board in
investigating technological incidents
with respect to the other agency;
(II) avoid any duplication of
effort; and
(III) ensure that appropriate
findings and recommendations to reduce
loss of life, injury, and economic
injury caused by future incidents are
provided.
(2) Findings.--If the Board participates in an act of
violence or technological incident investigation under
subparagraph (A), the Board may issue independent findings and
recommendations notwithstanding the outcome of any
investigation conducted by another Federal agency or other
Federal investigative body.
(3) Criminal circumstances.--If the Attorney General, in
consultation with the Chairperson, determines and notifies the
Board that circumstances reasonably indicate that the act of
violence or technological incident described in subparagraph
(A) may have been caused by an intentional criminal act, the
Board shall relinquish investigative priority to the
responsible Federal law enforcement entity.
(4) Rule of construction.--This section shall not be
construed to affect the authority of another department,
agency, or instrumentality of the Federal Government to
investigate an incident under applicable law or to obtain
information directly from the parties involved in, and
witnesses to, the incident. The Board and other departments,
agencies, and instrumentalities shall ensure that appropriate
information developed about the incident is exchanged in a
timely manner.
(h) Technical Assistance.--The Board may make the following types
of technical assistance available to Federal, State, Tribal, and local
government agencies and to private entities as designated by a Federal,
State, Tribal, or local government agency:
(1) Independent review.--The Board shall disseminate best
practices to develop disaster investigation and review capacity
within State, Tribal, and local governments.
(2) Implementation of recommendations.--The Board--
(A) may provide technical assistance to any entity
identified as responsible for implementing a
recommendation under section 4(a)(1) to assist the
entity in implementing the recommendation; and
(B) to the extent possible, shall provide the
technical assistance described in subparagraph (A) in
coordination with technical assistance offered by
another Federal department or agency.
(3) Prioritization.--In offering technical assistance under
this subsection, the Board shall use a risk-based method of
prioritization, as the Board determines appropriate.
(i) Findings.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date on which the Board initiates a
review conducted under this section, the Board shall make the
findings and relevant underlying data of the review available
to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if the
Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public all available
interim findings and underlying data.
SEC. 4. RECOMMENDATIONS AND RESPONSES.
(a) In General.--If the Board issues a recommendation about an
incident, the Board shall--
(1) explain the relationship between any recommendation and
the results of a fact-finding review;
(2) identify each relevant entity responsible for making
the change called for in the recommendation, including State,
local, or private entities, as appropriate;
(3) publish any responses to the recommendation publicly;
and
(4) assess whether the responses adequately lower the
likelihood that a future similar incident will result in loss
of life, or human or economic injury in the view of the Board.
(b) Federal Responses to Recommendations.--
(1) In general.--All Federal departments and agencies
identified in a recommendation made by the Board shall reply to
the recommendations not later than 90 days after the date on
which the recommendation is published by the Board.
(2) Response described.--A response under paragraph (1)
made by a Federal department or agency shall include--
(A) whether the department or agency intends to
adopt the recommendation in whole, in part, or not at
all;
(B) an explanation of the reasons for only adopting
the recommendation in part or not at all; and
(C) a proposed timetable for completing the action
the Federal department or agency has agreed to.
(3) Progress updates.--A Federal department or agency that
agrees to adopt a recommendation of the Board shall--
(A) track the progress of the department or agency
toward completion; and
(B) provide an update to the Board, to be published
publicly, periodically, and not less frequently than
annually.
(c) Public Availability.--
(1) In general.--Not later than 1 year after the date on
which a final determination is made on a recommendation under
this section, the Board shall make a copy of the recommendation
and response to the recommendation available to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if the
Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public any available
interim response to the recommendation and underlying
data.
(d) Dissemination.--The Board shall propagate each recommendation
issued under this section, including by--
(1) incorporating the recommendation, and any related
findings, into training material used by Federal, State,
Tribal, and private training facilities specializing in
building resilience to and responding to and recovering from
natural hazards, as the Board deems appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 5. REPORTS AND STUDIES.
(a) Studies and Other Reports.--
(1) In general.--The Board shall annually submit a report
containing the information described in paragraph (2) to--
(A) Congress;
(B) any department, agency, or instrumentality of
the Federal Government concerned with natural hazards;
(C) all State and Tribal governments; and
(D) the general public.
(2) Information described.--The information described in
this paragraph is--
(A) the results of special studies on how to reduce
morbidity and mortality from incidents;
(B) an examination of techniques and methods of
evaluating measures to protect the public from
incidents and periodically publish recommended
procedures for reviews;
(C) evaluation and examination of the effectiveness
of the findings of the Board about the natural hazard
resilience of other departments, agencies, and
instrumentalities of the Federal Government and their
effectiveness in preventing loss of life, or human or
economic injury; and
(D) recommend meaningful responses to reduce the
likelihood of loss of life, or human or economic
injury, according to the findings of the above-
mentioned research, including national and regional
policies and programs.
(b) Biennial Report.--Not later than June 1, 2023, and once every 2
years thereafter, the Board shall submit a report to Congress, which
shall include--
(1) a statistical and analytical summary of the reviews
conducted and reviewed by the Board during the prior 2 calendar
years;
(2) a survey and summary of the recommendations made by the
Board and the observed response to each recommendation,
including the classification, containing a written
justification and explanation of each recommendation as--
(A) open, if, in the determination of the Board,
sufficient action to fulfill the intent of the
recommendation has not been taken and still should be;
(B) closed, if, in the determination of the Board,
sufficient action to fulfill the intent of the
recommendation has been taken and no further action is
necessary; and
(C) outdated, if, in the determination of the
Board, the recommendation is no longer relevant because
of any change in circumstances or actions by parties
other than the intended recipient of the
recommendation;
(3) an assessment of efforts of Federal, State, Tribal, and
local governments to respond to recommendations made by the
Board, if such entities have voluntarily provided information
to the Board on the progress of the entity;
(4) a description of the training undertaken by the Board
and its staff and persons sponsored by the Board;
(5) a list of natural hazards that caused 10 or more
fatalities that the Board did not review and a recommendation
with justification by the Board of whether similar incidents
should be reviewed in the future;
(6) a recommendation on how, if at all, the thresholds and
triggers for a review by the Board should change;
(7) an assessment of the sufficiency of Federal resources
provided to State, Tribal, and local governments in aggregate
relative to any vulnerabilities that the Board determines the
governments have;
(8) a list of all requests for review from Governors of
States and territories and chief executives of Tribal
governments or recommended by the office established under
section 6(f)(2) that the Board rejected, including comments and
recommendations from the Board regarding whether similar
incidents should be reviewed in the future; and
(9) a list of ongoing reviews that have exceeded the
expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such review.
(c) Dissemination.--The Board shall propagate the information
described in subsection (a)(2), including by--
(1) incorporating the information into training material
used by Federal, State, Tribal, and private training facilities
specializing in building resilience to and responding to and
recovering from natural hazards, as the Board deems
appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 6. APPOINTMENT AND ORGANIZATION.
(a) Appointment of Members.--
(1) In general.--The Board shall be composed of 7 members,
who shall, in accordance with paragraph (2) and subject to
paragraph (3), be appointed by the President, by and with the
advice and consent of the Senate.
(2) Procedure.--
(A) Initial appointments.--The President shall, in
consultation with the National Academies of Sciences,
Engineering, and Medicine and relevant professional
associations and leaders in the private sector, appoint
the 7 members of the Board from among a list of 14
individuals provided by both houses of Congress, of
which--
(i) the majority leader of the Senate shall
provide the names of 4 individuals;
(ii) the minority leader of the Senate
shall provide the names of 3 individuals;
(iii) the Speaker of the House of
Representatives shall provide the names of 4
individuals; and
(iv) the minority leader of the House of
Representatives shall provide the names of 3
individuals.
(B) Subsequent appointments.--Any vacancy of the
Board shall be filled in the same manner as the
original appointment.
(3) Requirements.--Of the 7 members appointed under
paragraph (1)--
(A) not more than 4 members may be appointed from
the same political party;
(B) all members shall be appointed on the basis of
technical qualification, professional standing, and
demonstrated knowledge in emergency management, fire
management, emergency medical services, public-health,
physical sciences, social science, behavioral science,
or architectural and engineering with post-disaster
evaluation or building forensics expertise in their
respective field;
(C) a minimum of 2 members shall have experience
working at the State or municipal level in 1 of the
fields described in subparagraph (B); and
(D) a minimum of 2 members shall have demonstrated
professional experience working with populations that
have historically been more vulnerable to incidents
because of their race, color, nationality, sex, age,
disability, English proficiency, or economic status.
(b) Terms of Office and Removal.--
(1) Term of office.--Except as provided in paragraph (2),
the term of office of each member shall be 5 years.
(2) Filling of vacancy.--An individual appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that individual was appointed is appointed
for the remainder of that term.
(3) Continuation until successor is appointed.--When the
term of office of a member ends, the member may continue to
serve until a successor is appointed and confirmed.
(4) Removal.--The President may remove a member only for
inefficiency, neglect of duty, or malfeasance in office.
Immediately upon removing a member of the Board, the President
shall issue a public statement that details how the actions of
the removed member met the criteria of this paragraph.
(c) Chairperson and Vice Chairperson.--
(1) Chairperson.--The President shall designate, by and
with the advice and consent of the Senate, a member appointed
under subsection (b) to serve as the Chairperson of the Board.
(2) Vice chairperson.--The President shall designate a
member appointed under subsection (b) to serve as the Vice
Chairperson of the Board and if the Chairperson is absent or
unable to serve, or if the position of Chairperson is vacant,
the Vice Chairperson shall act as the Chairperson.
(3) Term of office.--The Chairperson and Vice Chairperson
shall each serve in such position for a term of 3 years.
(d) Duties and Powers of Chairperson.--
(1) In general.--The Chairperson shall be the chief
executive and administrative officer of the Board.
(2) Powers.--Subject to the general policies and decisions
of the Board, the Chairperson shall--
(A) appoint and supervise officers and employees,
other than regular and full-time employees in the
immediate offices of another member, necessary to carry
out this Act;
(B) fix the pay of officers and employees necessary
to carry out this Act;
(C) distribute business among the officers,
employees, and administrative units of the Board; and
(D) supervise the expenditures of the Board.
(e) Quorum.--
(1) In general.--Subject to paragraphs (2) and (3), 4
members of the Board shall constitute a quorum for purposes of
carrying out the duties and powers of the Board, subject to the
limitations in the remainder of this subsection.
(2) Party limitation.--Not less than 1 representative from
each party shall be present for a quorum to be established.
(3) Chairperson.--Either the Chairperson or Vice
Chairperson shall be present for a quorum to be established.
(f) Offices.--
(1) In general.--The Board shall establish such offices as
are necessary to carry out this Act, which may include offices
responsible for--
(A) operations;
(B) science and methodology;
(C) review and evaluation;
(D) communications;
(E) external coordination; or
(F) technical assistance.
(2) Office for the protection of disproportionately
impacted communities.--
(A) In general.--The Board shall establish an
office to review and make recommendations to mitigate
and prevent the loss of life, or human or economic
injury for vulnerable populations, including
populations that may be more vulnerable because of
their race, color, religion, nationality, sex, age,
disability, English proficiency, or economic status, or
other demographic characteristics that the Board may
determine appropriate.
(B) Responsibilities.--The office established under
paragraph (1) shall--
(i) provide recommendations to the Board
for incidents to review in accordance with
section 3(b)(4) that do not otherwise meet the
requirements of section 3(b);
(ii) determine and maintain a list specific
demographic, economic, social, and health
characteristics of populations that
historically have shown to be
disproportionately impacted by incidents;
(iii) during a review conducted by the
Board, provide research and analysis on how the
incident impacts populations that the Office
determines to be disproportionately impacted;
(iv) provide recommendations for each
review conducted by the Board and for each
report developed under section 5 on actions
that can be taken to reduce the impact to
populations that are found to be
disproportionately impacted under clause (ii);
and
(v) provide training, and establish
training requirements, for Board members and
staff in the fields of diversity, inclusion,
and equity in consultation with organizations
specializing in those fields.
(3) Regional offices.--In establishing offices under this
subsection, the Board may establish regional offices across the
United States to facilitate collaboration, coordination, and
the dissemination of findings, recommendations, and best
practices to State, Tribal, and local governments and the
private sector in such regions as the Board determines
appropriate.
(4) Purpose.--Each office established under this subsection
shall enable the Board to review, report on, and issue
recommendations to prevent the loss of life, human injury, and
economic injury and deliver technical assistance to disseminate
best practices in accordance with this Act.
(g) Chief Financial Officer.--The Chairperson shall designate an
officer or employee of the Board to serve as the Chief Financial
Officer, who shall--
(1) report directly to the Chairperson on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and inventory
control; and
(3) review the fees, rents, and other charges imposed by
the Board for services and things of value it provides and
suggest appropriate revisions to those charges to reflect costs
incurred by the Board in providing those services and things of
value.
(h) Board Member Staff.--
(1) In general.--Each member of the Board shall appoint and
supervise regular and full-time employees in the immediate
office of the member as long as any such employee has been
approved for employment by the designated agency ethics
official under the same guidelines that apply to all employees
of the Board.
(2) Designation.--With respect to an individual appointed
under paragraph (1)--
(A) the member of the Board making the appointment
shall determine which grade of the General Schedule
most closely corresponds with respect to the duties and
functions of the position to which the individual is
appointed; and
(B) during the period of the appointment--
(i) the individual shall be compensated at
the appropriate rate of pay for the grade of
the General Schedule with respect to which the
determination is made under subparagraph (A);
and
(ii) for the purposes of title 5, United
States Code, and the rules issued under that
title, the individual shall be considered to be
an employee, as that term is defined in section
5331(a) of title 5, United States Code.
(3) Limitation.--Except for the Chairperson, the
appointment authority in paragraph (1) shall be limited to the
number of full-time equivalent positions, in addition to 1
senior professional staff position at a level not to exceed the
GS-15 level of the General Schedule and 1 administrative staff
position, allocated to each member of the Board through the
annual budget and allocation process of the Board.
(i) Detailed Staff.--
(1) Federal employees.--
(A) In general.--Upon request of the Board, the
head of an agency described in subparagraph (B), or any
other Federal department or agency that the Board may
request, may detail, on a reimbursable basis, any of
the personnel of that department or agency to the Board
to assist the Board in carrying out the duties of the
Board under this Act.
(B) Relevant agencies.--For purposes of
subparagraph (A), the following are agencies described
in this subparagraph:
(i) The Federal Emergency Management
Agency.
(ii) The Cybersecurity and Infrastructure
Security Agency of the Department of Homeland
Security.
(iii) The National Oceanic and Atmospheric
Administration, including the National Weather
Service.
(iv) The Department of Defense, including
the Army Corps of Engineers.
(v) The Department of Health and Human
Services.
(vi) The National Institutes of Health.
(vii) The Centers for Disease Control and
Prevention.
(viii) The Coast Guard.
(ix) The National Transportation Safety
Board.
(x) The National Institute of Standards and
Technology.
(xi) The Government Accountability Office.
(xii) The Department of the Interior,
including the United States Geological Survey.
(xiii) Any Office of the Inspector General.
(xiv) The Small Business Administration.
(xv) The Chemical Safety and Hazard
Investigation Board.
(xvi) The Department of Housing and Urban
Development.
(xvii) The Department of Agriculture.
(2) State, local, tribal, and research staff.--
(A) In general.--The Board may enter into
agreements with State, local, and Tribal governments
and relevant nonprofit institutions of higher education
and research institutions to request staff, with
specialized experience that the Board determines
relevant, to be detailed to the Board, on a
reimbursable basis, and shall consult with relevant
associations and organizations of those entities in
developing an efficient process for requesting and
receiving detailed staff.
(B) Compensation.--The Board shall ensure that any
staff members detailed to the Board under this
paragraph are compensated equitably and shall pay
differences in salaries based on the experience of said
staff and in consultation with the Office of Personnel
Management.
(3) Term of detail.--Any staff member detailed to the Board
under this section shall be detailed for a term of 1 year and
such detail may be extended for not more than two 1-year terms.
(4) Limitations.--Under this subsection--
(A) not more than 25 percent of the total number of
staff members working for the Board at any time may be
detailees or otherwise nonpermanent staff;
(B) a detailee shall serve as an adviser or
supplemental professional staff in any office
established by the Board under subsection (g); and
(C) a detailee may not--
(i) determine any final findings or
recommendations; and
(ii) be the sole decisionmaker in review or
evaluation methodologies.
(j) Seal.--The Board shall have a seal that shall be judicially
recognized.
(k) Open Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Board shall be considered an agency for purposes of section
552b of title 5, United States Code.
(2) Nonpublic collaborative discussions.--
(A) In general.--Notwithstanding section 552b of
title 5, United States Code, a majority of the members
may hold a meeting that is not open to public
observation to discuss official agency business, if--
(i) no formal or informal vote or other
official agency action is taken at the meeting;
(ii) each individual present at the meeting
is a member or an employee of the Board;
(iii) at least 1 member of the Board from
each political party is present at the meeting,
if applicable;
(iv) the General Counsel of the Board is
present at the meeting; and
(v) the records of the meeting, including
the names of the individuals in attendance,
time, place, and summary to be as thorough as
the Board determines to be prudent, are posted
publicly and online.
(B) Disclosure of nonpublic collaborative
discussions.--Except as provided under subparagraphs
(C) and (D), not later than 2 business days after the
conclusion of a meeting under subparagraph (A), the
Board shall make available to the public, in a place
easily accessible to the public--
(i) a list of the individuals present at
the meeting; and
(ii) a summary of the matters, including
key issues, discussed at the meeting, except
for any matter the Board properly determines
may be withheld from the public under section
552b(c) of title 5, United States Code.
(C) Summary.--If the Board properly determines a
matter may be withheld from the public under section
552b(c) of title 5, United States Code, the Board shall
provide a summary with as much general information as
possible on each matter withheld from the public.
(D) Active reviews.--If a discussion under
subparagraph (A) directly relates to an active review,
the Board shall make the disclosure under subparagraph
(B) on the date the Board adopts the final report.
(E) Preservation of open meetings requirements for
agency action.--Nothing in this paragraph may be
construed to limit the applicability of section 552b of
title 5, United States Code, with respect to a meeting
of the members other than that described in this
paragraph.
(F) Statutory construction.--Nothing in this
paragraph may be construed--
(i) to limit the applicability of section
552b of title 5, United States Code, with
respect to any information which is proposed to
be withheld from the public under subparagraph
(B)(ii); or
(ii) to authorize the Board to withhold
from any individual any record that is
accessible to that individual under section
552a of title 5, United States Code.
SEC. 7. METHODOLOGY.
(a) In General.--The Board shall conduct each review, issue each
recommendation, develop each report, and deliver all technical
assistance authorized under this Act using the methods that are in
accordance with relevant professional best practices, including those
by analogous review organizations, academia, and government and private
organizations.
(b) Required Review.--The Board shall--
(1) review, on a regular basis, the methodologies of the
Board; and
(2) update the methodologies of the Board in accordance
with the findings of each review conducted under paragraph (1).
(c) Requirement.--In establishing the methodologies of the Board
under this section, the Board shall incorporate all relevant
information from relevant Federal, State, and local entities, including
past experience with similar incidents, exercises, risk assessments,
and all other past research and analysis.
(d) Transparency.--The Chairperson shall include with each review
report in which a recommendation is issued by the Board a methodology
section detailing the process and information underlying the selection
of each recommendation.
(e) Elements.--Except as provided in subsection (f), the
methodology section under subsection (a) shall include, for each
recommendation--
(1) a brief summary of the Board's collection and analysis
of the specific information most relevant to the
recommendation;
(2) a description of the Board's use of external
information, including studies, reports, and experts, other
than the findings of a specific review, if any were used to
inform or support the recommendation, including a brief summary
of the specific resilience benefits and other effects
identified by each study, report, or expert; and
(3) a brief summary of actions, including important
examples, taken by regulated entities before the publication of
the recommendation, to the extent such actions are known to the
Board, that were consistent with the recommendation.
(f) Savings Clause.--
(1) In general.--Nothing in this section may be construed--
(A) to delay publication of the findings, cause, or
probable cause of a Board review;
(B) to delay the issuance of an urgent
recommendation that the Board has determined must be
issued to avoid immediate death, or human or economic
injury; or
(C) to limit the number of examples the Board may
consider before issuing a recommendation.
(2) Limitation.--Notwithstanding paragraph (1), the Board
shall publish the methodology required under this section not
later than 30 days after the date on which the review is
initially published.
SEC. 8. ADMINISTRATIVE.
(a) Authority.--
(1) In general.--The Board, and when authorized by the
Board, a member of the Board, an administrative law judge
employed by or assigned to the Board, or an officer or employee
designated by the Chairperson, may conduct hearings to carry
out this Act, administer oaths, and require, by subpoena or
otherwise, necessary witnesses and evidence.
(2) Subpoena authority.--A witness or evidence in a hearing
under paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United States to
the designated place of the hearing. A witness summoned under
this subsection is entitled to the same fee and mileage the
witness would have been paid in a court of the United States.
(3) Requirement.--A subpoena shall be issued under the
signature of the Chairperson or the Chairperson's designee, but
may be served by any person designated by the Chairperson.
(4) Enforcement.--If a person disobeys a subpoena, order,
or inspection notice of the Board, the Board may bring a civil
action in a district court of the United States to enforce the
subpoena, order, or notice. An action under this paragraph may
be brought in the judicial district in which the person against
whom the action is brought resides, is found, or does business.
The court may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a contempt of
court.
(b) Additional Powers.--The Board may--
(1) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United
States Code;
(2) make agreements and other transactions necessary to
carry out this Act without regard to subsections (b), (c), and
(d) of section 6101 of title 41, United States Code;
(3) use, when appropriate, available services, equipment,
personnel, and facilities of a department, agency, or
instrumentality of the United States Government on a
reimbursable or other basis;
(4) confer with employees and use services, records, and
facilities of State and local governmental authorities;
(5) appoint advisory committees composed of qualified
private citizens and officials of the Government and State and
local governments as appropriate;
(6) accept voluntary and uncompensated services
notwithstanding another law;
(7) make contracts with private entities to carry out
studies related to duties and powers of the Board; and
(8) negotiate and enter into agreements with individuals
and private entities and departments, agencies, and
instrumentalities of the Federal Government, State, Tribal, and
local governments, and governments of foreign countries for the
provision of facilities, technical services, or training in
research theory and techniques, and require that such entities
provide appropriate consideration for the reasonable costs of
any facilities, goods, services, or training provided by the
Board.
(c) Collection of Funds.--The Board shall deposit in the Treasury
of the United States amounts received under subsection (b)(8) of this
subsection to be credited as offsetting collections to the
appropriation of the Board. The Board shall maintain an annual record
of collections received under subsection (b)(8).
(d) Submission of Certain Copies to Congress.--
(1) In general.--When the Board submits to the President or
the Director of the Office of Management and Budget a budget
estimate, budget request, supplemental budget estimate, other
budget information, a legislative recommendation, prepared
testimony for congressional hearings, or comments on
legislation, the Board must submit a copy to Congress at the
same time.
(2) Limitation.--An officer, department, agency, or
instrumentality of the Government may not require the Board to
submit the estimate, request, information, recommendation,
testimony, or comments to another officer, department, agency,
or instrumentality of the Government for approval, comment, or
review before being submitted to Congress.
(3) Budget process.--The Board shall develop and approve a
process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office of
Management and Budget, or Congress under this subsection.
(e) Liaison Committees.--The Chairperson may determine the number
of committees that are appropriate to maintain effective liaison with
other departments, agencies, and instrumentalities of the Federal
Government, State and local governmental authorities, and independent
standard-setting authorities that carry out programs and activities
related to its work. The Board may designate representatives to serve
on or assist those committees.
(f) Inquiries.--The Board, or an officer or employee of the Board
designated by the Chairperson, may conduct an inquiry to obtain
information related to natural hazard safety after publishing notice of
the inquiry in the Federal Register. The Board or designated officer or
employee may require by order a department, agency, or instrumentality
of the Federal Government, a State, Tribal, or local governmental
authority, or a person transporting individuals or property in commerce
to submit to the Board a written report and answers to requests and
questions related to a duty or power of the Board. The Board may
prescribe the time within which the report and answers must be given to
the Board or to the designated officer or employee. Copies of the
report and answers shall be made available for public inspection.
(g) Regulations.--The Board may prescribe regulations to carry out
this Act.
(h) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, United States Code, for an employee of the
Board whose basic pay is at a rate which equals or exceeds the
minimum rate of basic pay for GS-10 of the General Schedule,
the Board may establish an overtime hourly rate of pay for the
employee with respect to work performed in the field (including
travel to or from) and other work that is critical to a review
in an amount equal to one and one-half times the hourly rate of
basic pay of the employee. All of such amount shall be
considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph (1),
for work performed in a calendar year, in an amount that
exceeds 25 percent of the annual rate of basic pay of the
employee for such calendar year.
(3) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5, United
States Code (or similar provision of law) and any special rate
of pay under section 5305 of such title 5 (or similar provision
of law).
(4) Annual report.--Not later than January 31, 2022, and
annually thereafter, the Board shall transmit to Congress a
report identifying the total amount of overtime payments made
under this subsection in the preceding fiscal year, and the
number of employees whose overtime pay under this subsection
was limited in that fiscal year as a result of the 25 percent
limit established by paragraph (2).
(i) Entry and Inspection.--
(1) In general.--An officer or employee of the Board--
(A) on display of appropriate credentials and
written notice of authority, may--
(i) enter an area where an incident has
occurred;
(ii) take such actions as are necessary to
conduct a review under this section, so long as
the actions do not interfere with ongoing
lifesaving and life-sustaining operations; and
(iii) during reasonable hours, inspect any
record, including an electronic record,
process, control, or facility related to an
incident under this Act.
(2) Requirement.--The Board shall use utmost discretion to
prevent interference with ongoing response efforts, including
by developing review procedures with input from relevant
authorities nationwide.
SEC. 9. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.
(a) Disclosure of Information.--
(1) In general.--Except as provided in subsections (b),
(c), (d), and (f) of this section, a copy of a record,
information, or review submitted or received by the National
Disaster Safety Board, or a member or employee of the Board,
shall be posted publicly.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require the release of information described in
section 552(b) of title 5, United States Code, or protected
from disclosure by another law of the United States.
(b) Trade Secrets.--
(1) In general.--The Board may disclose information related
to a trade secret referred to in section 1905 of title 18,
United States Code, only--
(A) to another department, agency, or
instrumentality of the United States Government when
requested for official use;
(B) to a committee of Congress having jurisdiction
over the subject matter to which the information is
related, when requested by that committee;
(C) in a judicial proceeding under a court order
that preserves the confidentiality of the information
without impairing the proceeding; and
(D) to the public to protect health and safety
after giving notice to any interested person to whom
the information is related and an opportunity for that
person to comment in writing, or orally in closed
session, on the proposed disclosure, if the delay
resulting from notice and opportunity for comment would
not be detrimental to health and safety.
(2) Requirement.--Information disclosed under paragraph (1)
of this subsection may be disclosed only in a way designed to
preserve its confidentiality.
(3) Protection of voluntary submission of information.--
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if
that information is not related to the exercise of the Board's
review authority under this Act and if the Board finds that the
disclosure of the information would inhibit the voluntary
provision of that type of information.
(c) Recordings and Transcripts.--
(1) Confidentiality of recordings.--Except as provided in
paragraph (2), the Board may not disclose publicly any part of
an original recording or transcript of oral communications or
original and contemporary written communications between
Federal, State, Tribal, or local officials responding to an
incident under review by the Board.
(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from an audio or video
recording, or any still image obtained from a recording the
Board decides is relevant to the incident--
(A) if the Board holds a public hearing on the
incident at the time of the hearing; or
(B) if the Board does not hold a public hearing, at
the time a majority of the other factual reports on the
incident are placed in the public docket.
(3) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to recorded or written information
in making safety recommendations.
(d) Foreign Reviews.--
(1) In general.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving information
from the Board, shall disclose records or information relating
to its participation in foreign incident review, except that--
(A) the Board shall release records pertaining to
such a review when the country conducting the review
issues its final report or 2 years following the date
of the incident, whichever occurs first; and
(B) the Board may disclose records and information
when authorized to do so by the country conducting the
review.
(2) Safety recommendations.--Nothing in this subsection
shall restrict the Board at any time from referring to foreign
review information in making safety recommendations.
(e) Privacy Protections.--Before making public any still image
obtained from a video recorder under subsection (c)(2) or subsection
(d)(2), the Board shall take such action as appropriate to protect from
public disclosure any information that readily identifies an
individual, including a decedent.
SEC. 10. TRAINING.
(a) Use of Training Facilities.--The Board may use, on a
reimbursable basis, the services of any training facility in the
Federal Government, including those operated by the Department of
Homeland Security, Department of Health and Human Services, and
Department of Commerce. The responsible department or agency shall make
such training facility and any relevant training course available to--
(1) the Board for safety training of employees of the Board
in carrying out their duties and powers; and
(2) other relevant personnel of the United States
Government, State and local governments, governments of foreign
countries, interstate authorities, and private organizations
the Board designates in consultation with the relevant
departments and agencies.
(b) Fees.--Training shall be provided at a reasonable fee
established periodically by the Board in consultation with the relevant
departments and agencies. The fee shall be paid directly to the
relevant departments and agencies, and shall be deposited in the
Treasury.
(c) Training of Board Employees and Others.--The Board may conduct
training of its employees in those subjects necessary for proper
performance. The Board may also authorize attendance at courses given
under this subsection by other government personnel, personnel of
foreign governments, and personnel from industry or otherwise who have
a requirement for training. The Board may require non-Board personnel
to reimburse some or all of the training costs, and amounts so
reimbursed shall be credited to the appropriation of the Board as
offsetting collections.
SEC. 11. FUNDING.
(a) In General.--The Secretary of Transportation shall transfer
grant funds identified pursuant to the GONE Act (Public Law 114-117)
that have not been expended to the Board to carry out this Act in the
following amounts:
(1) $25,000,000 for fiscal year 2022.
(2) $40,000,000 for fiscal year 2023.
(3) $50,000,000 for fiscal year 2024.
(4) $60,000,000 for fiscal year 2025.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to
Congress a report containing--
(1) the amount of funds transferred pursuant to subsection
(a); and
(2) the grant or account for which each transferred amount
was initially made available.
(c) Emergency Fund.--
(1) In general.--There shall be established in the Treasury
of the United States an Emergency Fund for the Board, which
shall be available to the Board for necessary expenses of the
Board, not otherwise provided for, for reviews.
(2) Appropriations.--There shall be appropriated, out of
amounts in the Treasury not otherwise appropriated, to the
Emergency Fund--
(A) $2,000,000 for fiscal year 2022;
(B) such sums as are necessary to maintain the
Emergency Fund at a level not to exceed $4,000,000 for
each fiscal year thereafter; and
(C) such other sums as Congress determines
necessary.
(d) Fees, Refunds, and Reimbursements.--
(1) In general.--The Board may impose and collect such
fees, refunds, and reimbursements as it determines to be
appropriate for services provided by or through the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, United States Code,
any fee, refund, or reimbursement collected under this
subsection--
(A) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed or with which the refund
or reimbursement is associated;
(B) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed or with which the refund or reimbursement is
associated; and
(C) shall remain available until expended.
(3) Refunds.--The Board may refund any fee paid by mistake
or any amount paid in excess of that required.
SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of
Homeland Security, in accordance with the mission of the Inspector
General to prevent and detect fraud and abuse, shall have authority to
review only the financial management, property management, and business
operations of the Board, including internal accounting and
administrative control systems, to determine compliance with applicable
Federal laws, rules, and regulations.
(b) Duties.--In carrying out this section, the Inspector General
shall--
(1) keep the Chairperson of the Board and Congress fully
and currently informed about problems relating to
administration of the internal accounting and administrative
control systems of the Board;
(2) issue findings and recommendations for actions to
address such problems; and
(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Authorization of Appropriations.--
(1) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security for use by the Inspector
General of the Department of Homeland Security such sums as may
be necessary to cover expenses associated with activities
pursuant to the authority exercised under this section.
(2) Reimbursable agreement.--In the absence of an
appropriation under this subsection for an expense referred to
in paragraph (1), the Inspector General and the Board shall
have a reimbursable agreement to cover such expense.
SEC. 13. EVALUATION AND AUDIT OF NATIONAL DISASTER SAFETY BOARD.
(a) In General.--As determined necessary by the Comptroller General
of the United States or the appropriate congressional committees, but
not less frequently than once every 2 years, the Comptroller General of
the United States shall evaluate and audit the programs and
expenditures of the Board in order to promote economy, efficiency, and
effectiveness in the administration of the programs, operations, and
activities of the Board.
(b) Responsibility of Comptroller General.--In carrying out
subsection (a), the Comptroller General of the United States shall
evaluate and audit the programs, operations, and activities of the
Board, including--
(1) information management and security, including privacy
protection of personally identifiable information;
(2) the resource levels of the Board and management of such
resources relative to the mission of the Board;
(3) workforce development;
(4) procurement and contracting planning, practices, and
policies;
(5) the process and procedures to select an incident to
review;
(6) the extent to which the Board follows leading practices
in selected management areas;
(7) the extent to which the Board addresses management
challenges in completing reviews;
(8) the extent to which the evaluation, review, and
recommendation-issuing methodologies of the Board are
consistent with established best practice, as determined by the
Comptroller General; and
(9) an impact evaluation of the work of the Board, using
the purposes and intent described in this Act and by the Board,
against the realized results of the Board, according to a
methodology determined by the Comptroller General, conducted in
a manner that is not overly disruptive to the work of the
Board.
SEC. 14. DEFINITIONS.
In this Act:
(1) Act of violence.--The term ``act of violence'' means an
offense described in section 16(a) of title 18, United States
Code.
(2) Board.--The term ``Board'' means the National Disaster
Safety Board established under section 3.
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Board designated under section 6.
(4) Economic injury.--The term ``economic injury'' has the
meaning given the term ``substantial economic injury'' in
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(5) Incident.--The term ``incident'' means a natural hazard
or other circumstance that the Board decides to review.
(6) Institution of higher education and research
institution.--The term ``institution of higher education and
research institution'' means--
(A) an institution of higher education (as defined
in section 101 of the Higher Education Act (20 U.S.C.
1001));
(B) a National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(C) a laboratory described in section 308(c)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 188(c)(2));
(D) the National Domestic Preparedness Consortium
established under section 1204 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1102) and the members of such Consortium; and
(E) a research institution associated with an
institution of higher education.
(7) Natural hazard.--The term ``natural hazard''--
(A) means a major disaster, as defined in paragraph
(2) of section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122),
that is naturally occurring, regardless of--
(i) whether the President makes a
determination with respect to severity and
magnitude of the disaster under such paragraph;
or
(ii) the result of such a determination;
(B) includes any naturally occurring heat wave,
wind storm, wildfire, wildland urban interface fire,
urban conflagration fire, or dust storm;
(C) includes any combination of events covered by
subparagraphs (A) and (B) that causes or threatens to
cause loss of human life, or human or economic injury,
as determined by the Board; and
(D) does not include a technological disaster.
(8) State.--The term ``State'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(9) Technological disaster.--The term ``technological
disaster'' means an incident that--
(A) is caused by human error or malfunction in
technology, including a dam or structural failure, a
fire (other than a naturally occurring wildfire,
wildland urban interface fire, urban conflagration
fire, or arson), a hazardous material incident, a
nuclear accident, and a power and telecommunications
failure; and
(B) causes loss of human life, or human or economic
injury, as determined by the Board.
(10) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(11) Tribal government.--The term ``Tribal government''
means the governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, or community that the Secretary
of the Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130 et seq.).
<all>