Header:
UNITED STATES CODE SERVICE
TITLE 6. DOMESTIC SECURITY
CHAPTER 1. HOMELAND SECURITY ORGANIZATION
NATIONAL EMERGENCY MANAGEMENT
Date:
01/17/2012
Document:
§ 318. National Advisory Council
(a) Establishment. Not later than 60 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006 [enacted Oct. 4, 2006], the Secretary shall establish an advisory body under section 871(a) [6 USCS § 451(a)] to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known as the National Advisory Council.
(b) Responsibilities.
(1) In general. The National Advisory Council shall advise the Administrator on all aspects of emergency management. The National Advisory Council shall incorporate State, local, and tribal government and private sector input in the development and revision of the national preparedness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies.
(2) Consultation on grants. To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate.
(c) Membership.
(1) In general. The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, emergency managers, and emergency response providers from State, local, and tribal governments, the private sector, and nongovernmental organizations, including as appropriate--
(A) members selected from the emergency management field and emergency response providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals;
(B) health scientists, emergency and inpatient medical providers, and public health professionals;
(C) experts from Federal, State, local, and tribal governments, and the private sector, representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness and response field;
(D) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General;
(E) elected State, local, and tribal government executives;
(F) experts in public and private sector infrastructure protection, cybersecurity, and communications;
(G) representatives of individuals with disabilities and other populations with special needs; and
(H) such other individuals as the Administrator determines to be appropriate.
(2) Coordination with the Departments of Health and Human Services and Transportation. In the selection of members of the National Advisory Council who are health or emergency medical services professionals, the Administrator shall work with the Secretary of Health and Human Services and the Secretary of Transportation.
(3) Ex officio members. The Administrator shall designate 1 or more officers of the Federal Government to serve as ex officio members of the National Advisory Council.
(4) Terms of office.
(A) In general. Except as provided in subparagraph (B), the term of office of each member of the National Advisory Council shall be 3 years.
(B) Initial appointments. Of the members initially appointed to the National Advisory Council--
(i) one-third shall be appointed for a term of 1 year; and
(ii) one-third shall be appointed for a term of 2 years.
(d) Applicability of Federal Advisory Committee Act.
(1) In general. Notwithstanding section 871(a) [6 USCS § 451(a)] and subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States Code, shall apply to the National Advisory Council.
(2) Termination. Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Advisory Council.
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