6 U.S.C. § 318 — National Advisory Council

Page 165 TITLE 6—DOMESTIC SECURITY § 318 1401; amended Pub. L. 110–53, title IV, § 404, Aug. 3, 2007, 121 Stat. 303.) Editorial Notes PRIOR PROVISIONS A prior section 317, Pub. L. 107–296, title V, § 507, Nov. 25, 2002, 116 Stat. 2214, related to the role of the Federal Emergency Management Agency, prior to repeal by Pub. L. 109–295, title VI, § 611(4), Oct. 4. 2006, 120 Stat. 1395. AMENDMENTS 2007—Subsec. (c)(2)(I) to (K). Pub. L. 110–53 added sub- pars. (I) and (J) and redesignated former subpar. (I) as (K). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title. § 318. National Advisory Council (a) Establishment Not later than 60 days after October 4, 2006, the Secretary shall establish an advisory body under section 451(a) of this title to ensure effec- tive and ongoing coordination of Federal pre- paredness, protection, response, recovery, and mitigation for natural disasters, acts of ter- rorism, 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 gov- ernment and private sector input in the devel- opment and revision of the national prepared- ness 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 emer- gency response providers, the Administrator shall regularly consult and work with the Na- tional Advisory Council on the administration and assessment of grant programs adminis- tered by the Department, including with re- spect 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 Adminis- trator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of offi- cials, emergency managers, and emergency re- sponse providers from State, local, and tribal governments, the private sector, and non- governmental organizations, including as ap- propriate— (A) members selected from the emergency management field and emergency response providers, including fire service, law enforce- ment, hazardous materials response, emer- gency medical services, and emergency man- agement personnel, or organizations rep- resenting such individuals; (B) health scientists, emergency and inpa- tient medical providers, and public health professionals; (C) experts from Federal, State, local, and tribal governments, and the private sector, representing standards-setting and accred- iting organizations, including representa- tives from the voluntary consensus codes and standards development community, par- ticularly those with expertise in the emer- gency preparedness and response field; (D) State, local, and tribal government of- ficials with expertise in preparedness, pro- tection, response, recovery, and mitigation, including Adjutants General; (E) elected State, local, and tribal govern- ment executives; (F) experts in public and private sector in- frastructure protection, cybersecurity, and communications; (G) representatives of individuals with dis- abilities and other populations with special needs; and (H) such other individuals as the Adminis- trator determines to be appropriate. (2) Coordination with the Departments of Health and Human Services and Transpor- tation In the selection of members of the National Advisory Council who are health or emergency medical services professionals, the Adminis- trator 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 Na- tional 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) RESPONSE Subcommittee (1) Establishment Not later than 30 days after December 16, 2016, the Administrator shall establish, as a subcommittee of the National Advisory Coun- cil, the Railroad Emergency Services Pre- paredness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the ‘‘RESPONSE Sub- committee’’). Page 166 TITLE 6—DOMESTIC SECURITY § 318 (2) Membership Notwithstanding subsection (c), the RE- SPONSE Subcommittee shall be composed of the following: (A) The Deputy Administrator, Protection and National Preparedness of the Federal Emergency Management Agency, or des- ignee. (B) The Chief Safety Officer of the Pipeline and Hazardous Materials Safety Administra- tion, or designee. (C) The Associate Administrator for Haz- ardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. (D) The Assistant Director for Emergency Communications, or designee. (E) The Director for the Office of Railroad, Pipeline and Hazardous Materials Investiga- tions of the National Transportation Safety Board, or designee. (F) The Chief Safety Officer and Associate Administrator for Railroad Safety of the Federal Railroad Administration, or des- ignee. (G) The Assistant Administrator for Secu- rity Policy and Industry Engagement of the Transportation Security Administration, or designee. (H) The Assistant Commandant for Re- sponse Policy of the Coast Guard, or des- ignee. (I) The Assistant Administrator for the Of- fice of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee. (J) Such other qualified individuals as the co-chairpersons shall jointly appoint as soon as practicable after December 16, 2016, from among the following: (i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail emergency response issues, including members from the following disciplines: (I) Emergency management and emer- gency response providers, including fire service, law enforcement, hazardous ma- terials response, and emergency medical services. (II) State, local, and tribal government officials. (ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, includ- ing at least 1 representative from each of the following: (I) The rail industry. (II) Rail labor. (III) Persons who offer oil for transpor- tation by rail. (IV) The communications industry. (V) Emergency response providers, in- cluding individuals nominated by na- tional organizations representing State and local governments and emergency responders. (VI) Emergency response training pro- viders. (VII) Representatives from tribal orga- nizations. (VIII) Technical experts. (IX) Vendors, developers, and manufac- turers of systems, facilities, equipment, and capabilities for emergency responder services. (iii) Representatives of such other stake- holders and interested and affected parties as the co-chairpersons consider appro- priate. (3) Co-chairpersons The members described in subparagraphs (A) and (B) of paragraph (2) shall serve as the co- chairpersons of the RESPONSE Sub- committee. (4) Initial meeting The initial meeting of the RESPONSE Sub- committee shall take place not later than 90 days after December 16, 2016. (5) Consultation with nonmembers The RESPONSE Subcommittee and the pro- gram offices for emergency responder training and resources shall consult with other rel- evant agencies and groups, including entities engaged in federally funded research and aca- demic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and re- sponse to rail hazardous materials incidents. (6) Recommendations The RESPONSE Subcommittee shall develop recommendations, as appropriate, for improv- ing emergency responder training and re- source allocation for hazardous materials inci- dents involving railroads after evaluating the following topics: (A) The quality and application of training for State and local emergency responders re- lated to rail hazardous materials incidents, including training for emergency responders serving small communities near railroads, including the following: (i) Ease of access to relevant training for State and local emergency responders, in- cluding an analysis of— (I) the number of individuals being trained; (II) the number of individuals who are applying; (III) whether current demand is being met; (IV) current challenges; and (V) projected needs. (ii) Modernization of training course content related to rail hazardous mate- rials incidents, with a particular focus on fluctuations in oil shipments by rail, in- cluding regular and ongoing evaluation of course opportunities, adaptation to emerg- ing trends, agency and private sector out- reach, effectiveness and ease of access for State and local emergency responders. (iii) Identification of overlap in training content and identification of opportunities to develop complementary courses and ma- terials among governmental and non- governmental entities. Page 167 TITLE 6—DOMESTIC SECURITY § 318 (iv) Online training platforms, train-the- trainer, and mobile training options. (B) The availability and effectiveness of Federal, State, local, and nongovernmental funding levels related to training emergency responders for rail hazardous materials inci- dents, including emergency responders serv- ing small communities near railroads, in- cluding— (i) identifying overlap in resource alloca- tions; (ii) identifying cost savings measures that can be implemented to increase train- ing opportunities; (iii) leveraging government funding with nongovernmental funding to enhance training opportunities and fill existing training gaps; (iv) adaptation of priority settings for agency funding allocations in response to emerging trends; (v) historic levels of funding across Fed- eral agencies for rail hazardous materials incident response and training, including funding provided by the private sector to public entities or in conjunction with Fed- eral programs; and (vi) current funding resources across agencies. (C) The strategy for integrating com- modity flow studies, mapping, and rail and hazardous materials databases for State and local emergency responders and increasing the rate of access to the individual re- sponder in existing or emerging communica- tions technology. (7) Report (A) In general Not later than 1 year after December 16, 2016, the RESPONSE Subcommittee shall submit a report to the National Advisory Council that— (i) includes the recommendations devel- oped under paragraph (6); (ii) specifies the timeframes for imple- menting any such recommendations that do not require congressional action; and (iii) identifies any such recommenda- tions that do require congressional action. (B) Review Not later than 30 days after receiving the report under subparagraph (A), the National Advisory Council shall begin a review of the report. The National Advisory Council may ask for additional clarification, changes, or other information from the RESPONSE Sub- committee to assist in the approval of the recommendations. (C) Recommendation Once the National Advisory Council ap- proves the recommendations of the RE- SPONSE Subcommittee, the National Advi- sory Council shall submit the report to— (i) the co-chairpersons of the RESPONSE Subcommittee; (ii) the head of each other agency rep- resented on the RESPONSE Sub- committee; (iii) the Committee on Homeland Secu- rity and Governmental Affairs of the Sen- ate; (iv) the Committee on Commerce, Science, and Transportation of the Senate; (v) the Committee on Homeland Security of the House of Representatives; and (vi) the Committee on Transportation and Infrastructure of the House of Rep- resentatives. (8) Interim activity (A) Updates and oversight After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall— (i) provide annual updates to the con- gressional committees referred to in para- graph (7)(C) regarding the status of the im- plementation of the recommendations de- veloped under paragraph (6); and (ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i), as appropriate. (B) Sunset The requirements of subparagraph (A) shall terminate on the date that is 2 years after the date of the submission of the report required under paragraph (7)(A). (9) Termination The RESPONSE Subcommittee shall termi- nate not later than 90 days after the submis- sion of the report required under paragraph (7)(C). (e) Applicability of chapter 10 of title 5 (1) In general Notwithstanding section 451(a) of this title and subject to paragraph (2), chapter 10 of title 5, including subsections (a), (b), and (d) of sec- tion 1009 of title 5, and section 552b(c) of title 5 shall apply to the National Advisory Council. (2) Termination Section 1013(a)(2) of title 5 shall not apply to the National Advisory Council. (Pub. L. 107–296, title V, § 508, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1403; amended Pub. L. 110–53, title I, § 102(a), Aug. 3, 2007, 121 Stat. 293; Pub. L. 114–321, § 2, Dec. 16, 2016, 130 Stat. 1623; Pub. L. 115–278, § 2(g)(4)(A), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–286, § 4(a)(15), Dec. 27, 2022, 136 Stat. 4306.) Editorial Notes PRIOR PROVISIONS A prior section 508 of Pub. L. 107–296 was renumbered section 519 and is classified to section 321h of this title. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286, § 4(a)(15)(A), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading. Subsec. (e)(1). Pub. L. 117–286, § 4(a)(15)(B), substituted ‘‘chapter 10 of title 5, including subsections (a), (b), and (d) of section 1009 of title 5,’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act,’’. Subsec. (e)(2). Pub. L. 117–286, § 4(a)(15)(C), substituted ‘‘Section 1013(a)(2) of title 5’’ for ‘‘Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.)’’. Page 168 TITLE 6—DOMESTIC SECURITY § 319 2018—Subsec. (d)(2)(D). Pub. L. 115–278 substituted ‘‘The Assistant Director for Emergency Communica- tions’’ for ‘‘The Director of the Office of Emergency Communications of the Department of Homeland Secu- rity’’. 2016—Subsecs. (d), (e). Pub. L. 114–321 added subsec. (d) and redesignated former subsec. (d) as (e). 2007—Subsec. (b). Pub. L. 110–53 designated existing provisions as par. (1), inserted heading, and added par. (2). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Exec- utive Assistant Director for Emergency Communica- tions, see section 571(g) of this title, enacted Jan. 1, 2021. EFFECTIVE DATE Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title. § 319. 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 In- tegration 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 peri- odically 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 pro- viders at emergency scenes; and (C) revising the Catastrophic Incident Annex, finalizing and releasing the Cata- strophic Incident Supplement to the Na- tional Response Plan, and ensuring that both effectively address response require- ments in the event of a catastrophic inci- dent. (c) Incident management (1) In general (A) National Response Plan The Secretary, acting through the Admin- istrator, shall ensure that the National Re- sponse Plan provides for a clear chain of command to lead and coordinate the Federal response to any natural disaster, act of ter- rorism, 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 Adminis- trator consistent with the role of the Ad- ministrator as the principal emergency management advisor to the President, the Homeland Security Council, and the Sec- retary under section 313(c)(4) of this title and the responsibility of the Adminis- trator 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 Co- ordinating Officer consistent with the re- sponsibilities under section 5143(b) of title 42. (2) Principal Federal Official; Joint Task Force The Principal Federal Official (or the suc- cessor thereto) or Director of a Joint Task Force established under section 348 of this title shall not— (A) direct or replace the incident command structure established at the incident; or (B) have directive authority over the Sen- ior Federal Law Enforcement Official, Fed- eral Coordinating Officer, or other Federal and State officials. (Pub. L. 107–296, title V, § 509, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1405; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(2), Dec. 23, 2016, 130 Stat. 2670.) Editorial Notes REFERENCES IN TEXT The Post-Katrina Emergency Management Reform Act of 2006, referred to in subsec. (c)(1)(B)(i), is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394. For com- plete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Ta- bles. PRIOR PROVISIONS A prior section 509 of Pub. L. 107–296 was renumbered section 520 and is classified to section 321i of this title. AMENDMENTS 2016—Subsec. (c)(2). Pub. L. 114–328 inserted ‘‘; Joint Task Force’’ after ‘‘Official’’ in heading and ‘‘or Direc- tor of a Joint Task Force established under section 348 of this title’’ before ‘‘shall’’ in introductory provisions. Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. § 320. Credentialing and typing (a) In general The Administrator shall enter into a memo- randum of understanding with the administra- tors of the Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency re- sponse providers, to collaborate on developing