```

[House Report 113-732]
[From the U.S. Government Publishing Office]

113th Congress  }                                    {    Rept. 113-732
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                    {           Part 1

======================================================================

 
                    FEMA REAUTHORIZATION ACT OF 2013

                                _______
                                

January 2, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3300]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3300) to reauthorize the programs 
and activities of the Federal Emergency Management Agency, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    10
Background and Need for Legislation..............................    10
Hearings.........................................................    17
Legislative History and Consideration............................    17
Committee Votes..................................................    18
Committee Oversight Findings.....................................    18
New Budget Authority and Tax Expenditures........................    18
Congressional Budget Office Cost Estimate........................    18
Performance Goals and Objectives.................................    22
Advisory of Earmarks.............................................    22
Duplication of Federal Programs..................................    22
Disclosure of Directed Rule Makings..............................    22
Federal Mandate Statement........................................    22
Preemption Clarification.........................................    22
Advisory Committee Statement.....................................    23
Applicability of Legislative Branch..............................    23
Section-by-Section Analysis of Legislation.......................    23
Changes in Existing Law Made by the Bill, as Reported............    25

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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``FEMA Reauthorization Act of 2013''.

TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC 
                        ALERT AND WARNING SYSTEM

SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

  Section 699 of Public Law 109-295 (6 U.S.C. 811) is amended--
          (1) by striking ``administration and operations'' each place 
        it appears and inserting ``management and administration'';
          (2) in paragraph (2) by striking ``and'';
          (3) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(4) for fiscal year 2014, $972,145,000;
          ``(5) for fiscal year 2015, $972,145,000; and
          ``(6) for fiscal year 2016, $972,145,000.''.

SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

  (a) Short Title.--This section may be cited as the ``Integrated 
Public Alert and Warning System Modernization Act of 2013''.
  (b) Integrated Public Alert and Warning System Modernization.--
          (1) In general.--To provide timely and effective disaster 
        warnings under this section, the President, acting through the 
        Administrator of the Federal Emergency Management Agency, 
        shall--
                  (A) modernize the integrated public alert and warning 
                system of the United States (in this section referred 
                to as the ``public alert and warning system'') to 
                ensure that the President under all conditions is able 
                to alert and warn governmental authorities and the 
                civilian population in areas endangered by disasters; 
                and
                  (B) implement the public alert and warning system.
          (2) Implementation requirements.--In carrying out paragraph 
        (1), the Administrator shall, consistent with the 
        recommendations in the final report of the Integrated Public 
        Alert and Warning System Advisory Committee (established under 
        subsection (c))--
                  (A) establish or adopt, as appropriate, common 
                alerting and warning protocols, standards, terminology, 
                and operating procedures for the public alert and 
                warning system;
                  (B) include in the public alert and warning system 
                the capability to adapt the distribution and content of 
                communications on the basis of geographic location, 
                risks, or personal user preferences, as appropriate;
                  (C) include in the public alert and warning system 
                the capability to alert and warn, and provide the 
                equivalent amount of information to individuals with 
                disabilities and individuals with access and functional 
                needs;
                  (D) ensure that training, tests, and exercises are 
                conducted for the public alert and warning system and 
                that the system is incorporated into other training and 
                exercise programs of the Department of Homeland 
                Security, as appropriate;
                  (E) establish and integrate into the National 
                Incident Management System a comprehensive and periodic 
                training program to instruct and educate Federal, 
                State, tribal, and local government officials in the 
                use of the Common Alerting Protocol enabled Emergency 
                Alert System;
                  (F) conduct, at least once every 3 years, periodic 
                nationwide tests of the public alert and warning 
                system; and
                  (G) ensure that the public alert and warning system 
                is resilient, secure, and can withstand acts of 
                terrorism and other external attacks.
          (3) System requirements.--The public alert and warning system 
        shall--
                  (A) incorporate multiple communications technologies;
                  (B) be designed to adapt to, and incorporate, future 
                technologies for communicating directly with the 
                public;
                  (C) to the extent technically feasible, be designed 
                to provide alerts to the largest portion of the 
                affected population, including nonresident visitors and 
                tourists and individuals with disabilities and access 
                and functional needs, and improve the ability of remote 
                areas to receive alerts;
                  (D) promote local and regional public and private 
                partnerships to enhance community preparedness and 
                response;
                  (E) provide redundant alert mechanisms if practicable 
                so as to reach the greatest number of people regardless 
                of whether they have access to, or utilize, any 
                specific medium of communication or any particular 
                device; and
                  (F) include a mechanism to ensure the protection of 
                individual privacy.
          (4) Implementation plan.--Not later than 180 days after the 
        date of submission of the report of the Integrated Public Alert 
        and Warning System Advisory Committee, the Administrator shall 
        submit to the Committee on Transportation and Infrastructure 
        and the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a detailed plan to implement 
        the public alert and warning system. The plan shall include a 
        timeline for implementation, a spending plan, and 
        recommendations for any additional authority that may be 
        necessary to fully implement this subsection.
          (5) Maximum funds.--The Administrator may use not more than 
        $12,733,000 of the amount made available pursuant to section 
        699 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 811) for each of fiscal years 2014, 2015, and 2016 to 
        carry out the provisions of this section.
  (c) Integrated Public Alert and Warning System Advisory Committee.--
          (1) Establishment.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall establish an advisory 
        committee to be known as the Integrated Public Alert and 
        Warning System Advisory Committee (in this subsection referred 
        to as the ``Advisory Committee'').
          (2) Membership.--The Advisory Committee shall be composed of 
        the following members (or their designees) to be appointed by 
        the Administrator as soon as practicable after the date of 
        enactment of this Act:
                  (A) The Chairman of the Federal Communications 
                Commission.
                  (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce.
                  (C) The Assistant Secretary for Communications and 
                Information of the Department of Commerce.
                  (D) The Director of the Office of Disability 
                Integration and Coordination of the Federal Emergency 
                Management Agency.
                  (E) Representatives of State and local governments, 
                representatives of emergency management agencies, and 
                representatives of emergency response providers, 
                selected from among individuals nominated by national 
                organizations representing governments and personnel.
                  (F) Representatives from federally recognized Indian 
                tribes and national Indian organizations.
                  (G) Individuals who have the requisite technical 
                knowledge and expertise to serve on the Advisory 
                Committee, including representatives of--
                          (i) communications service providers;
                          (ii) vendors, developers, and manufacturers 
                        of systems, facilities, equipment, and 
                        capabilities for the provision of 
                        communications services;
                          (iii) third-party service bureaus;
                          (iv) the broadcasting industry, including 
                        commercial and noncommercial radio and 
                        television stations;
                          (v) the commercial mobile radio service 
                        industry;
                          (vi) the cable industry;
                          (vii) the satellite industry; and
                          (viii) national organizations representing 
                        individuals with disabilities and access and 
                        functional needs and national organizations 
                        representing the elderly.
                  (H) Qualified representatives of such other 
                stakeholders and interested and affected parties as the 
                Administrator considers appropriate.
          (3) Chairperson.--The Administrator shall serve as the 
        Chairperson of the Advisory Committee.
          (4) Meetings.--
                  (A) Initial meeting.--The initial meeting of the 
                Advisory Committee shall take place not later than 120 
                days after the date of enactment of this Act.
                  (B) Other meetings.--After the initial meeting, the 
                Advisory Committee shall meet, at least annually, at 
                the call of the Chairperson.
                  (C) Notice; open meetings.--Meetings held by the 
                Advisory Committee shall be duly noticed at least 14 
                days in advance and shall be open to the public.
                  (D) Interested persons.--Interested persons shall be 
                permitted to attend, appear before, or file statements 
                with the Advisory Committee, in accordance with 
                subsection (c) of section 552b of title 5, United 
                States Code.
                  (E) Meeting minutes.--The Advisory Committee shall 
                keep detailed minutes of each meeting, which shall 
                contain a record of the persons present, a complete and 
                accurate description of matters discussed and 
                conclusions reached, and copies of all reports 
                received, issued, or approved by the Advisory 
                Committee.
                  (F) Availability of information.--The records, 
                reports, transcripts, minutes, appendixes, working 
                papers, drafts, studies, agenda, or other documents 
                which were made available to or prepared for or by the 
                Advisory Committee shall be available for public 
                inspection and copying, subject to section 552 of title 
                5, United States Code, at a single location in the 
                office of FEMA until the Advisory Committee ceases to 
                exist.
          (5) Rules.--
                  (A) Quorum.--One-third of the members of the Advisory 
                Committee shall constitute a quorum for conducting 
                business of the Advisory Committee.
                  (B) Subcommittees.--To assist the Advisory Committee 
                in carrying out its functions, the Chairperson may 
                establish appropriate subcommittees composed of members 
                of the Advisory Committee and other subject matter 
                experts as the Chairperson considers necessary.
                  (C) Additional rules.--The Advisory Committee may 
                adopt such other rules as are necessary to carry out 
                its duties.
          (6) Consultation with nonmembers.--The Advisory Committee and 
        the program offices for the integrated public alert and warning 
        system for the United States shall regularly meet with groups 
        that are not represented on the Advisory Committee to consider 
        new and developing technologies that may be beneficial to the 
        public alert and warning system. Such groups may include--
                  (A) the Defense Advanced Research Projects Agency;
                  (B) entities engaged in federally funded research; 
                and
                  (C) academic institutions engaged in relevant work 
                and research.
          (7) Recommendations.--The Advisory Committee shall develop 
        recommendations for an integrated public alert and warning 
        system, including--
                  (A) recommendations for common alerting and warning 
                protocols, standards, terminology, and operating 
                procedures for the public alert and warning system; and
                  (B) recommendations to provide for a public alert and 
                warning system that--
                          (i) has the capability to adapt the 
                        distribution and content of communications on 
                        the basis of geographic location, risks, or 
                        personal user preferences, as appropriate;
                          (ii) has the capability to alert and warn 
                        individuals with disabilities and individuals 
                        with limited English proficiency;
                          (iii) incorporates multiple communications 
                        technologies;
                          (iv) is designed to adapt to, and 
                        incorporate, future technologies for 
                        communicating directly with the public;
                          (v) is designed to provide alerts to the 
                        largest portion of the affected population 
                        feasible, including nonresident visitors and 
                        tourists, and improve the ability of remote 
                        areas to receive alerts;
                          (vi) promotes local and regional public and 
                        private partnerships to enhance community 
                        preparedness and response;
                          (vii) provides redundant alert mechanisms if 
                        practicable in order to reach the greatest 
                        number of people regardless of whether they 
                        have access to, or utilize, any specific medium 
                        of communication or any particular device; and
                          (viii) promotes the participation of 
                        representatives from traditionally underserved 
                        and underrepresented communities, to ensure 
                        that alerts and warnings reach such 
                        populations.
          (8) Initial and annual report.--Not later than 1 year after 
        the date of enactment of this Act, the Advisory Committee shall 
        submit to the Administrator, the Committee on Transportation 
        and Infrastructure and the Committee on Homeland Security of 
        the House of Representatives, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report 
        containing the recommendations of the Advisory Committee.
          (9) Federal advisory committee act.--Neither the Federal 
        Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or 
        regulation promulgated under that Act shall apply to the 
        Advisory Committee.
          (10) Termination.--The Advisory Committee shall terminate not 
        later than 6 years after the date of enactment of this Act.
  (d) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to authorize or require FEMA or any other government 
entity to require any action on the part of the Federal Communications 
Commission, the Department of Commerce, the Office of Emergency 
Communications, or any other nongovernment entity nor impact any 
existing obligations of these entities.

               TITLE II--STAFFORD ACT AND OTHER PROGRAMS

SEC. 201. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

  (a) In General.--Title III of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by 
adding at the end the following:

``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
          ``(2) Agency.--The term `Agency' means the Federal Emergency 
        Management Agency.
          ``(3) Hazard.--The term `hazard' has the meaning given that 
        term by section 602.
          ``(4) Nonemployee system member.--The term `nonemployee 
        System member' means a System member not employed by a 
        sponsoring agency or participating agency.
          ``(5) Participating agency.--The term `participating agency' 
        means a State or local government, nonprofit organization, or 
        private organization that has executed an agreement with a 
        sponsoring agency to participate in the System.
          ``(6) Sponsoring agency.--The term `sponsoring agency' means 
        a State or local government that is the sponsor of a task force 
        designated by the Administrator to participate in the System.
          ``(7) System.--The term `System' means the National Urban 
        Search and Rescue Response System to be administered under this 
        section.
          ``(8) System member.--The term `System member' means an 
        individual who is not a full-time employee of the Federal 
        Government and who serves on a task force or on a System 
        management or other technical team.
          ``(9) Task force.--The term `task force' means an urban 
        search and rescue team designated by the Administrator to 
        participate in the System.
  ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the emergency 
response system known as the National Urban Search and Rescue Response 
System.
  ``(c) Functions.--In administering the System, the Administrator 
shall provide for a national network of standardized search and rescue 
resources to assist States and local governments in responding to 
hazards.
  ``(d) Task Forces.--
          ``(1) Designation.--The Administrator shall designate task 
        forces to participate in the System. The Administrator shall 
        determine the criteria for such participation.
          ``(2) Sponsoring agencies.--Each task force shall have a 
        sponsoring agency. The Administrator shall enter into an 
        agreement with the sponsoring agency with respect to the 
        participation of each task force in the System.
          ``(3) Composition.--
                  ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency, 
                one or more participating agencies. The sponsoring 
                agency shall enter into an agreement with each 
                participating agency with respect to the participation 
                of the participating agency on the task force.
                  ``(B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring agency, 
                other individuals not otherwise associated with the 
                sponsoring agency or a participating agency. The 
                sponsoring agency of a task force may enter into a 
                separate agreement with each such individual with 
                respect to the participation of the individual on the 
                task force.
  ``(e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the System.
  ``(f) Appointment of System Members Into Federal Service.--
          ``(1) In general.--The Administrator may appoint a System 
        member into Federal service for a period of service to provide 
        for the participation of the System member in exercises, 
        preincident staging, major disaster and emergency response 
        activities, and training events sponsored or sanctioned by the 
        Administrator.
          ``(2) Nonapplicability of certain civil service laws.--The 
        Administrator may make appointments under paragraph (1) without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
          ``(3) Relationship to other authorities.--The authority of 
        the Administrator to make appointments under this subsection 
        shall not affect any other authority of the Administrator under 
        this Act.
          ``(4) Limitation.--A System member who is appointed into 
        Federal service under paragraph (1) shall not be considered an 
        employee of the United States for purposes other than those 
        specifically set forth in this section.
  ``(g) Compensation.--
          ``(1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by regulation, the 
        Administrator shall make payments to the sponsoring agency of a 
        task force--
                  ``(A) to reimburse each employer of a System member 
                on the task force for compensation paid by the employer 
                to the System member for any period during which the 
                System member is appointed into Federal service under 
                subsection (f)(1); and
                  ``(B) to make payments directly to a nonemployee 
                System member on the task force for any period during 
                which the non-employee System member is appointed into 
                Federal service under subsection (f)(1).
          ``(2) Reimbursement for employees filling positions of system 
        members.--
                  ``(A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make payments to 
                the sponsoring agency of a task force to reimburse each 
                employer of a System member on the task force for 
                compensation paid by the employer to an employee 
                filling a position normally filled by the System member 
                for any period during which the System member is 
                appointed into Federal service under subsection (f)(1).
                  ``(B) Limitation.--Costs incurred by an employer 
                shall be eligible for reimbursement under subparagraph 
                (A) only to the extent that the costs are in excess of 
                the costs that would have been incurred by the employer 
                had the System member not been appointed into Federal 
                service under subsection (f)(1).
          ``(3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period during 
        which the System member is appointed into Federal service under 
        subsection (f)(1).
  ``(h) Personal Injury, Illness, Disability, or Death.--
          ``(1) In general.--A System member who is appointed into 
        Federal service under subsection (f)(1) and who suffers 
        personal injury, illness, disability, or death as a result of a 
        personal injury sustained while acting in the scope of such 
        appointment shall, for the purposes of subchapter I of chapter 
        81 of title 5, United States Code, be treated as though the 
        member were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance of duty.
          ``(2) Election of benefits.--
                  ``(A) In general.--If a System member (or, in the 
                case of the death of the System member, the System 
                member's dependent) is entitled--
                          ``(i) under paragraph (1) to receive benefits 
                        under subchapter I of chapter 81 of title 5, 
                        United States Code, by reason of personal 
                        injury, illness, disability, or death, and
                          ``(ii) to receive benefits from a State or 
                        local government by reason of the same personal 
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive 
                either the benefits referred to in clause (i) or (ii).
                  ``(B) Deadline.--A System member or dependent shall 
                make an election of benefits under subparagraph (A) not 
                later than 1 year after the date of the personal 
                injury, illness, disability, or death that is the 
                reason for the benefits or until such later date as the 
                Secretary of Labor may allow for reasonable cause 
                shown.
                  ``(C) Effect of election.--An election of benefits 
                made under this paragraph is irrevocable unless 
                otherwise provided by law.
          ``(3) Reimbursement for state or local benefits.--Subject to 
        such terms and conditions as the Administrator may impose by 
        regulation, in the event that a System member or dependent 
        elects benefits from a State or local government under 
        paragraph (2)(A), the Administrator shall reimburse the State 
        or local government for the value of those benefits.
  ``(i) Liability.--A System member appointed into Federal service 
under subsection (f)(1), while acting within the scope of the 
appointment, is deemed an employee of the Federal Government under 
section 1346(b) of title 28, United States Code, and chapter 171 of 
that title, relating to tort claims procedure.
  ``(j) Employment and Reemployment Rights.--With respect to a System 
member who is not a regular full-time employee of a sponsoring agency 
or participating agency, the following terms and conditions apply:
          ``(1) Service.--Service as a System member is deemed `service 
        in the uniformed services' for purposes of chapter 43 of title 
        38, United States Code, relating to employment and reemployment 
        rights of individuals who have performed service in the 
        uniformed services (regardless of whether the individual 
        receives compensation for such participation). All rights and 
        obligations of such persons and procedures for assistance, 
        enforcement, and investigation shall be as provided for in such 
        chapter.
          ``(2) Preclusion.--Preclusion of giving notice of service by 
        necessity of appointment under this section is deemed 
        preclusion by `military necessity' for purposes of section 
        4312(b) of title 38, United States Code, pertaining to giving 
        notice of absence from a position of employment. A 
        determination of such necessity shall be made by the 
        Administrator and shall not be subject to judicial review.
  ``(k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or other 
governmental jurisdiction evidencing the member's qualifications in any 
professional, mechanical, or other skill or type of assistance required 
by the System, the System member is deemed to be performing a Federal 
activity when rendering aid involving such skill or assistance during a 
period of appointment into Federal service under subsection (f)(1).
  ``(l) Advisory Committee.--
          ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
          ``(2) Composition.--The advisory committee shall be composed 
        of members from geographically diverse areas, and shall 
        include--
                  ``(A) the chief officer or senior executive from at 
                least three sponsoring agencies;
                  ``(B) the senior emergency manager from at least two 
                States that include sponsoring agencies; and
                  ``(C) at least one representative recommended by the 
                leaders of the task forces.
          ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
  ``(m) Preparedness Cooperative Agreements.--
          ``(1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator shall enter 
        into an annual preparedness cooperative agreement with each 
        sponsoring agency. Amounts made available to a sponsoring 
        agency under such a preparedness cooperative agreement shall be 
        for the following purposes:
                  ``(A) Training and exercises, including training and 
                exercises with other Federal, State, and local 
                government response entities.
                  ``(B) Acquisition and maintenance of equipment, 
                including interoperable communications and personal 
                protective equipment.
                  ``(C) Medical monitoring required for responder 
                safety and health in anticipation of and following a 
                major disaster, emergency, or other hazard, as 
                determined by the Administrator.
          ``(2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, amounts made 
        available for cooperative agreements under this subsection that 
        are not expended shall be deposited in an agency account and 
        shall remain available for such agreements without fiscal year 
        limitation.
  ``(n) Response Cooperative Agreements.--The Administrator shall enter 
into a response cooperative agreement with each sponsoring agency, as 
appropriate, under which the Administrator agrees to reimburse the 
sponsoring agency for costs incurred by the sponsoring agency in 
responding to a major disaster or emergency.
  ``(o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
  ``(p) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be appropriated to 
        carry out the System and the provisions of this section 
        $35,180,000 for each of fiscal years 2014, 2015, and 2016.
          ``(2) Administrative expenses.--The Administrator may use not 
        to exceed 6 percent of the funds appropriated for a fiscal year 
        pursuant to paragraph (1) for salaries, expenses, and other 
        administrative costs incurred by the Administrator in carrying 
        out this section.''.
  (b) Conforming Amendments.--
          (1) Applicability of title 5, united states code.--Section 
        8101(1) of title 5, United States Code, is amended--
                  (A) in subparagraph (D) by striking ``and'' at the 
                end;
                  (B) by moving subparagraph (F) to appear after 
                subparagraph (E);
                  (C) in subparagraph (F)--
                          (i) by striking ``United States Code,''; and
                          (ii) by adding ``and'' at the end; and
                  (D) by inserting after subparagraph (F) the 
                following:
                  ``(G) an individual who is a System member of the 
                National Urban Search and Rescue Response System during 
                a period of appointment into Federal service pursuant 
                to section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act;''.
          (2) Inclusion as part of uniformed services for purposes of 
        userra.--Section 4303 of title 38, United States Code, is 
        amended--
                  (A) in paragraph (13) by inserting ``, a period for 
                which a System member of the National Urban Search and 
                Rescue Response System is absent from a position of 
                employment due to an appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act'' before ``, and a 
                period''; and
                  (B) in paragraph (16) by inserting after ``Public 
                Health Service,'' the following: ``System members of 
                the National Urban Search and Rescue Response System 
                during a period of appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.

SEC. 202. ELIGIBILITY OF PUBLIC BROADCASTING FACILITIES FOR CERTAIN 
                    DISASTER ASSISTANCE.

  (a) Private Nonprofit Facility Defined.--Section 102(11)(B) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(11)(B)) is amended by inserting ``public broadcasting 
facilities,'' after ``workshops,''.
  (b) Critical Services Defined.--Section 406(a)(3)(B) of such Act (42 
U.S.C. 5172(a)(3)(B)) is amended by striking ``communications,'' and 
inserting ``communications (including public broadcasting),''.

SEC. 203. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.

  (a) Definition of Private Nonprofit Facility.--Section 102(10)(B) of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(10)(B)) is amended to read as follows:
                  ``(B) Additional facilities.--In addition to the 
                facilities described in subparagraph (A), the term 
                `private nonprofit facility' includes any private 
                nonprofit facility that provides essential services of 
                a governmental nature to the general public (including 
                museums, zoos, performing arts facilities, community 
                arts centers, community centers, including houses of 
                worship exempt from taxation under section 501(c) of 
                the Internal Revenue Code of 1986, libraries, homeless 
                shelters, senior citizen centers, rehabilitation 
                facilities, shelter workshops, and facilities that 
                provide health and safety services of a governmental 
                nature), as defined by the President.''.
  (b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at 
the end the following:
                  ``(C) Nonprofit fairness.--A church, synagogue, 
                mosque, temple, or other house of worship, and a 
                private nonprofit facility operated by a religious 
                organization, shall be eligible for contributions under 
                paragraph (1)(B), without regard to the religious 
                character of the facility or the primary religious use 
                of the facility.''.
  (c) Applicability.--This section and the amendments made by this 
section shall apply to the provision of assistance in response to a 
major disaster or emergency declared on or after October 28, 2012.

SEC. 204. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT 
                    GRANTS.

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

``SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  ``(a) In General.--The Administrator of the Federal Emergency 
Management Agency may make grants to provide for implementation of the 
Emergency Management Assistance Compact consented to by Congress in the 
joint resolution entitled `Joint resolution granting the consent of 
Congress to the Emergency Management Assistance Compact' (Public Law 
104-321; 110 Stat. 3877).
  ``(b) Eligible Grant Recipients.--States and the Administrator of the 
Emergency Management Assistance Compact shall be eligible to receive 
grants under subsection (a).
  ``(c) Use of Funds.--A grant received under this section shall be 
used--
          ``(1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action reports 
        for the 2004 and 2005 hurricane seasons;
          ``(2) to administer compact operations on behalf of States, 
        as such term is defined in the compact, that have enacted the 
        compact;
          ``(3) to continue coordination with the Federal Emergency 
        Management Agency and appropriate Federal agencies;
          ``(4) to continue coordination with States and local 
        governments and their respective national organizations; and
          ``(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the typing of 
        emergency response resources.
  ``(d) Coordination.--The Administrator of the Federal Emergency 
Management Agency shall consult with the Administrator of the Emergency 
Management Assistance Compact to ensure effective coordination of 
efforts in responding to requests for assistance.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of the 
fiscal years 2014, 2015, and 2016. Such sums shall remain available 
until expended.''.
  (b) Repeal.--Section 661 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 761) is repealed.

SEC. 205. PHYSICAL TESTING STANDARDS FOR ELECTRIC UTILITY FACILITIES.

  (a) Study.--The Administrator of the Federal Emergency Management 
Agency shall conduct a study to compare the differences between--
          (1) the physical testing standards that the Administrator 
        applies with respect to electric utility facilities as a 
        condition for Federal assistance; and
          (2) the physical testing standards that are applied to 
        electric utility facilities by the electric utilities industry 
        and by the Rural Utilities Service of the Department of 
        Agriculture.
  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs Committee 
of the Senate a report on the results of the study.
  (c) Funding.--The Administrator shall carry out this section using 
funds available to the Administrator for management and expenses.

SEC. 206. REVIEW AND REPORT REGARDING THE ELIGIBILITY OF CERTAIN 
                    HOUSING ENTITIES TO RECEIVE DISASTER ASSISTANCE.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Emergency Management 
Agency (FEMA) shall, using funds from FEMA's management and expenses 
account, complete a review of, and submit to the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report describing, options, both commercial and governmental, available 
to housing cooperatives and condominium associations to assist in 
repairing and rebuilding common areas following a major disaster.
  (b) Report Specifics.--The report shall include--
          (1) a description of the current eligibility of housing 
        cooperative and condominium association owners and residents to 
        receive disaster relief funds under FEMA disaster relief 
        programs;
          (2) a description of the availability of individual 
        assistance for such owners and residents to help cover the 
        costs of repairing disaster-related damage to common areas, 
        including any details of instances in the past 10 years in 
        which cooperative or condominium owners or residences received 
        such assistance to help cover costs and assessments for repairs 
        to common areas;
          (3) a description of commercial options and requirements, 
        including insurance coverage, that may be applicable; and
          (4) a discussion of options, including any proposed changes 
        to law, for addressing any gaps identified in available 
        assistance to address disaster-related damage to common areas.

SEC. 207. AUDIT TIMEFRAME LIMITATION.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall issue a 
rule that limits the timeframe of any audit conducted under section 318 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5161).

                         Purpose of Legislation

    H.R. 3300 would reauthorize the programs and activities of 
the Federal Emergency Management Agency (FEMA).

                  Background and Need for Legislation

    H.R. 3300 was introduced by Chairman Bill Shuster (R-PA) on 
October 22, 2013, along with Ranking Member Nick J. Rahall, II 
(D-WV) and Subcommittee on Economic Development, Public 
Buildings, and Emergency Management Chairman Lou Barletta (R-
PA) and Ranking Member Andree Carson (D-IN).

Federal Emergency Management Agency: History and reauthorization

    FEMA was established in 1979 by Executive Order by 
President Carter following a number of massive disasters in the 
1960's and 1970's which resulted in proposals by the National 
Governors Association and others to streamline and cut the 
number of agencies states were required to work with following 
a disaster. Prior to the creation of FEMA, the federal 
government's emergency response mechanisms were scattered among 
many agencies throughout government. The creation of FEMA 
helped to centralize these authorities and the coordination of 
the federal government's response to a disaster. The Disaster 
Relief Act of 1974 (Public Law 93-288), which constituted the 
statutory authority for most federal disaster response 
activities, especially of FEMA, was later amended by the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(Public Law 100-707) (Stafford Act) in 1988. Following more 
than two decades as an independent agency, the Homeland 
Security Act of 2002 (Public Law 107-296) (Homeland Security 
Act), which created the Department of Homeland Security (DHS), 
placed FEMA within DHS, and FEMA's functions were dispersed 
among various offices and directorates of DHS.
            Post-Katrina Emergency Management Reform Act of 2006
    In 2005, Hurricanes Katrina and Rita devastated the Gulf 
Coast. Following Hurricanes Katrina and Rita and the poor 
response that occurred, several investigations and 
congressional inquiries and hearings took place to examine the 
preparation for, response to, and later recovery from these 
hurricanes. In particular, the Select Bipartisan Committee to 
Investigate the Preparation for and Response to Hurricane 
Katrina was formed and culminated in the issuance of a report 
entitled, ``A Failure of Initiative: The Final Report of the 
Select Bipartisan Committee to Investigate the Preparation for 
and Response to Hurricane Katrina'' on February 15, 2006.
    Not long after the issuance of this report, Congress 
enacted the Post-Katrina Emergency Management Reform Act of 
2006 (Public Law 109-295) (PKEMRA), which gave FEMA clear 
guidance on its mission and priorities, and provided it with 
the authorities and tools needed to become a more effective and 
efficient agency and a better partner to state, local, 
territorial, and tribal governments. In fact, PKEMRA authorized 
FEMA for the first time in legislation.
            Sandy Recovery Improvement Act of 2013
    On October 29, 2012, Hurricane Sandy made landfall at New 
Jersey as a ``post-tropical cyclone'' with hurricane-force 
winds of up to 80 mph, colliding with a nor'easter and creating 
what has been called ``Superstorm Sandy.'' The superstorm 
brought with it storm surges of more than 11 feet, killing more 
than 100 people (including 43 deaths in New York, of which 34 
occurred in Queens and Staten Island), destroying or damaging 
thousands of homes, and leaving more than 8 million people 
without power.
    In the aftermath of Hurricane Sandy, Congress enacted 
reforms to the disaster recovery process as part of the Sandy 
Recovery Improvement Act of 2013 (Public Law 113-2) (SRIA). The 
reforms included in SRIA were based on previous Committee 
hearings and investigations related to streamlining, speeding 
up and reducing the costs of rebuilding following major 
disasters. These reforms had also been incorporated into H.R. 
2903, the FEMA Reauthorization Act of 2012, which passed the 
House on September 19, 2012.
    The intent of SRIA, enacted on January 29, 2013, was to 
speed up and streamline Hurricane Sandy recovery efforts, 
reduce costs, and improve the effectiveness of several disaster 
assistance programs authorized by the Stafford Act, namely the 
Public Assistance Program, the Individual Assistance Program, 
and the Hazard Mitigation Grant Program. SRIA grants FEMA 
greater flexibility in use of federal funds and in turn allows 
the agency to reduce the administrative burden and cost to all 
parties.
    Major reforms in SRIA included expediting debris removal 
and public assistance procedures, expediting hazard mitigation 
projects, establishing a limited dispute resolution pilot 
program to resolve disputes over assistance and drive projects 
to closure and avoid cost overruns, simplifying the review for 
environmental and historic requirements for rebuilding damaged 
infrastructure, and providing for disaster declarations for 
tribal governments.

FEMA Reauthorization Act of 2013

    H.R. 3300, the FEMA Reauthorization Act of 2013, 
reauthorizes FEMA's overall management and administration 
through fiscal year 2016 and reauthorizes and authorizes other 
programs important to disaster preparedness and response, 
including the Urban Search and Rescue system, the Integrated 
Public Alert and Warning System, and the Emergency Management 
Assistance Compact grants.
            Urban Search and Rescue (USAR) System
    Currently, there are 28 FEMA USAR Task Forces located 
throughout the continental United States that are trained and 
equipped by FEMA. These teams are comprised of firefighters, 
engineers, medical professionals, canine/handler teams, and 
emergency managers with special training in urban search and 
rescue. These teams serve as a national resource for disaster 
response and represent partnerships between state fire 
departments and law enforcement agencies, federal and local 
governmental entities and private companies.
    Typically, the teams are trained to conduct physical search 
and rescue missions in collapsed buildings, provide emergency 
medical care to trapped victims, assess and control gas, 
electric service and hazardous materials, and evaluate and 
stabilize damaged structures. If a disaster event warrants 
national USAR support, FEMA will deploy the three closest task 
forces within six hours of notification and additional teams as 
necessary. The role of these task forces is to support state 
and local emergency responders' efforts to locate victims and 
manage response operations.
            Emergency Management Assistance Compact (EMAC)
    EMAC is a national interstate agreement approved by 
Congress that provides an effective avenue by which states can 
provide one another mutual aid in the event of a disaster. 
Through EMAC, a state impacted by a disaster can request and 
receive assistance from other member states more quickly and 
efficiently, by addressing concerns with regard to liability 
and reimbursement.
            Integrated Public Alert and Warning System (IPAWS)
    In the 111th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management 
conducted an investigation on the development of IPAWS and the 
Government Accountability Office (GAO) audited the system and 
issued a report\1\ that highlighted concerns related to FEMA's 
development of IPAWS. The subcommittee's investigation and 
GAO's report supported the need for legislation to ensure 
consultation and coordination with key stakeholders, strategic 
planning, and the timely roll out of the new system. A 
subsequent GAO report issued on April 24, 2013\2\ found 
improvements in how FEMA was developing the system but 
identified a continued need for guidance and testing. As a 
result of these investigations, legislation was introduced in 
the 110th, 111th, and 112th Congresses to provide statutory 
direction for the development and implementation of IPAWS.
---------------------------------------------------------------------------
    \1\Emergency Preparedness: Improved Planning and Coordination 
Necessary for Modernization and Integration of Public Alert and Warning 
System GAO-09-834, September 9, 2009.
    \2\Emergency Alerting: Capabilities Have Improved, but Additional 
Guidance and Testing Are Needed, GAO-13-375, April 24, 2013.
---------------------------------------------------------------------------
    The provisions included in H.R. 3300 are modeled after the 
Warning, Alert, and Response Network (WARN) Act enacted by 
Congress in 2006. The WARN Act, as signed into law as Title VI 
of the Security and Accountability for Every Port Act of 2006 
(Public Law 109-347) (The SAFE Port Act), required the Federal 
Communications Commission (FCC) to establish a Commercial 
Mobile Service Alert Advisory Committee (CMSAAC). Committee 
members included state, local and tribal governments, members 
of the private sector, and representatives of people with 
disabilities. The committee was charged with providing the FCC 
with recommendations on technical requirements, standards, 
regulations, and other matters needed to support the 
transmittal of emergency alerts by commercial mobile service 
providers to their subscribers on a voluntary basis.
    During its investigation on the development of IPAWS, the 
committee observed that the framework established by the WARN 
Act ensured input by relevant industries, maximizing buy-in by 
the private sector and helping to facilitate decision-making by 
establishing timetables. The provisions in H.R. 3300 establish 
a similar framework for the development of IPAWS.
                IPAWS as a ``System of Systems''
    Pursuant to the Stafford Act, FEMA is charged with ensuring 
an emergency presidential message can be effectively 
disseminated to the Nation and, as part of that system, 
providing for the ability of state, tribal and local 
governments to issue public alerts and warnings in the event of 
impending or imminent disasters or emergencies. In the 1960s, 
the foundation of such a system was established through the 
creation of the Emergency Broadcast System (EBS), which used 
television and radio to alert the public to emergencies. In 
recent years, that system, now called the Emergency Alert 
System (EAS), has been modernized and updated to digital 
technology.
    Because of the advances in technology and the increase in 
the methods by which the public can receive information and be 
alerted (e.g. cellphones, satellite radio and television), in 
2006, President George W. Bush issued Executive Order 13407, 
stating the United States policy is ``to have an effective, 
reliable, integrated, flexible and comprehensive system to 
alert and warn the American people.'' Executive Order 13407 
directed the DHS to develop IPAWS as a ``system of systems.'' 
It was intended to eventually integrate existing and new alert 
systems into one unified system.
    Currently, IPAWS includes EAS, Wireless Emergency Alerts 
(mobile devices), and National Weather Service alerts. Future 
methods of alerting could include computer gaming systems, 
digital signs, siren systems, internet search engines, social 
sharing websites, and instant messaging. IPAWS creates an 
integrated system that allows one ``message'' or data package 
to be transmitted through as many mediums and methods as 
possible to reach the greatest number of people who may be 
impacted by a disaster or emergency. The move to digital 
signals, for example, creates opportunity for the message to 
incorporate audio, video or other data in addition to a text-
based message to provide the public as much critical 
information as may be needed. The need to increase the mediums 
and forms of alerts also increases options for the effective 
alerting of people with disabilities and people with limited 
English proficiency.

Other issues

            Office of National Capital Region Coordination
    The Committee finds that unlike other parts of the country, 
a disaster in the National Capital Region affects not a city or 
a region, but the Nation itself because the National Capital 
Region is the seat of the federal government, including the 
Capitol, the Supreme Court, the White House, the headquarters 
of its agencies, and many secure facilities and iconic 
monuments. Even after the terrorist attacks of September 11, 
2001, which targeted the National Capital Region, the region 
has faced several unprecedented emergencies, including the so-
called ``snowmageddon'' in 2010 that shut down the region for 
days, the earthquake of 2011, Hurricane Sandy, the Navy Yard 
shooting on September 16, 2013, and other emergencies that have 
affected the federal government. These emergencies have also 
impacted public and private entities in Maryland, D.C. and 
Virginia, including residents and visitors. Major natural 
disasters and terrorist attacks occurring anywhere in the 
National Capital Region require a significant coordinated 
response.
    The Committee recognizes that for this reason, Congress, in 
the wake of 9/11, created the Office of National Capital Region 
Coordination (ONCRC), now located under FEMA. The ONCRC helps 
develop and coordinate strategic plans to improve the National 
Capital Region's ability to prevent, prepare for, respond to, 
and recover from natural disasters and terrorist attacks. The 
term ``National Capital Region'' is defined in section 
2674(f)(2) of title 10 of the United States Code as the 
geographic area located within the boundaries of the District 
of Columbia; Montgomery and Prince George's Counties in the 
State of Maryland; Arlington, Fairfax, Loudon, and Prince 
William Counties and the City of Alexandria in the Commonwealth 
of Virginia; and all cities and local units of government in 
these geographic areas.
    The Committee is concerned that on July 2, 2013, FEMA 
announced that it would realign the ONCRC and relocate it to 
the FEMA Region 3 office in Philadelphia, PA, hundreds of miles 
away. Not only was this decision wholly inconsistent with 
legislative direction provided by Congress, but the proposed 
realignment was developed without any stakeholder input. The 
realignment also proposed to reduce ONCRC staff and budget by 
over 30 percent. This move would weaken this office, which has 
been under scrutiny for years for failing to meet its mission 
of assisting emergency management officials in the National 
Capital Region. For example, a recent GAO report found that the 
ONCRC failed to assist regional officials in developing 
performance measures or in identifying funding for preparedness 
investments.
    Congress was so concerned by this proposal that it directed 
FEMA to cease all realignment activities, assess the office, 
and develop a plan for meeting the statutory mandate of the 
ONCRC, as laid out in the Homeland Security Act. The Committee 
requests FEMA fully inform it of any proposed restructuring 
before the office is relocated.
            Flooding on Agricultural lands
    The Committee understands that some areas of the Wallkill 
River in New York are subject to frequent and severe flooding, 
resulting in billions of dollars in damage. Orange County, NY 
has sought to use hazard mitigation funds, made available 
through the Disaster Relief Appropriations Act, to mitigate 
this flood issue. The Committee requests FEMA to determine 
which funds may be used to assist these communities in their 
mitigation efforts, including but not limited to the funds 
available through the Disaster Relief Appropriations Act.
            Issues in Indian country
    Disasters that occur in Indian country often involve lands 
administered by the Department of the Interior (DOI). Many DOI 
agencies may have resources available that could be used to 
assist in disaster response and recovery. The Committee has 
received testimony indicating that better coordination between 
FEMA and DOI agencies, specifically the Bureau of Indian 
Affairs, could improve response and immediate recovery 
operations to future disasters in Indian country, specifically 
coordination in acquisition of response and recovery supplies 
and resources. The Committee encourages FEMA to enter into 
Memoranda of Agreements or revisit existing protocols with DOI 
to ensure that appropriate accounting, reimbursement 
mechanisms, and other issues are in place for Indian tribes to 
obtain the necessary supplies they may need in future 
disasters.
    The Committee has also received testimony indicating that 
confusion exists among regional FEMA personnel regarding 
disasters that occur on tribal lands. Specifically, when FEMA 
calculates initial damage thresholds to determine whether a 
disaster declaration should be made or the type of assistance 
to provide, improvements and structures on lands held in trust 
for Indian tribes is being excluded. The Committee urges FEMA 
to provide guidance to regional FEMA personnel clarifying that 
improvements and structures on Indian trust land should be 
included in calculating all applicable damages thresholds.
            Disaster declarations
    The Committee understands that when the regional 
administrators of FEMA recommend disapproval of a major 
disaster declaration request (pursuant to 44 CFR 206.37) the 
rationale behind such recommendation may not be available to 
the requesting Governor. The Committee urges FEMA to provide 
such rationale to the relevant Governor(s) for the purposes of 
ensuring there is appropriate transparency in the process and 
an understanding on the part of the Governor in making 
determinations associated with future disasters.
            Guidance to States on emergency declaration
    The Stafford Act, as originally drafted and carefully 
amended to maintain, ensures that FEMA has broad authority and 
flexibility to assist state, tribal and local governments in 
the wake of a disaster or emergency, when necessary. In the 
past year, the Nation has seen multiple scenarios that are 
poised to challenge the Federal Government's traditional 
definitions of disasters and emergencies, as well as the 
assistance that might be eligible under the Stafford Act 
programs. FEMA has recently played a response and coordination 
role in response to chemical spills, unaccompanied minors 
crossing the United States-Mexico boarders, and the presence of 
Ebola-infected people in the United States. The Committee 
recommends that FEMA develop clear guidance to inform states on 
how to work with FEMA in these ``nontraditional'' events and, 
when necessary, what information should be included in a 
disaster or emergency request. FEMA should also include in that 
guidance information on specific assistance that may be 
available or eligible for reimbursement, as lessons are learned 
from these responses.
    For example, in January 2014, a chemical leaked into the 
Elk River near Charleston, West Virginia. While the President 
issued an emergency declaration, it was limited to direct 
federal assistance. It was clear from the response that this 
was a unique situation for FEMA. Over time, FEMA has developed 
its rules, regulations and guidance based on other 
``traditional'' types of incidents requiring emergency 
declarations, and, as a result FEMA interpreted its rules, 
regulations and guidance during the Elk River chemical leak in 
a limited and narrow manner. The Committee recommends FEMA 
ensure that its rules, regulations, and guidance are 
interpreted in manner that makes it possible to provide 
disaster assistance to local governments who are addressing the 
unique challenges of something like a chemical spill. For 
example, the State of West Virginia is very concerned that they 
were unable to obtain reimbursements for the costs to test the 
water to ensure the safety of local residents. This sort of 
assistance would likely have been viewed as an eligible, 
reimbursable expense under other declarations. The unique 
nature of the Elk River chemical spill should also be viewed by 
FEMA as a case study in how to respond to future chemical 
spills nationwide, whether intentional or otherwise.
            Field personnel turnover and the implementation of 
                    technology
    Even after the Hurricane Katrina investigations, multiple 
Office of Inspector General and General Accountability Office 
reports, and amended legislative authorities, the Committee 
continues to hear about challenges with FEMA's disaster 
workforce. State and local emergency managers raise concerns 
about frequent turnover, the loss of paperwork, and 
inconsistent guidance which results in project delays, 
increased administrative expenses, frustration, and, in the 
worst-cases, the loss of recovery funds that are ultimately 
recouped by FEMA.
    FEMA has implemented several new technologies for its full-
time managers and staff, but it does not appear that the same 
efforts have been undertaken for field and temporary disaster 
response personnel. The Committee requests that FEMA explore 
and assess the technological tools that are available in the 
field in a disaster response and recovery environment to ensure 
consistent guidance provided to applicants, ensure appropriate 
records are maintained through staff transitions, and are 
available to applicants and grantees to ease the administrative 
burden of obtaining and monitoring assistance from FEMA. FEMA 
should also make sure that there are proper operating 
procedures and document retention requirements in place in the 
field to ensure the maintenance of appropriate records 
throughout the lifecycle of the disaster. Finally, the 
Committee recommends FEMA identify new technologies that would 
further aid the disaster workforce in partnering with state, 
local and tribal governments and private non-profits in the 
wake of a disaster or emergency.
            Report on disaster resistant construction
    The Committee requests FEMA report to the Committee on 
specific guidance for disaster resistant construction 
techniques intended to reduce the impact of major disasters or 
hazards. The report should focus on the methods that can be 
employed to create disaster resistant communities to reduce 
loss of life and property and should include a summary of 
existing guidance and policies, the hazards against which they 
are intended to mitigate, and, FEMA's process for reviewing and 
updating its guidance. In addition, the report should make use 
of existing Building Science Branch guidance and identify any 
gaps that exist. The Committee further believes it is important 
to ensure such guidance is readily available to key 
stakeholders. As such, the Committee requests that the report 
be made available to all state governments to ensure such 
guidance can be considered and applied where appropriate.
            Pre-disaster mitigation
    The Committee continues to support the Pre-Disaster 
Mitigation (PDM) program to reduce the costs of future 
disasters. The Congressional Budget Office and the National 
Institute of Building Sciences concluded in separate studies 
that mitigation projects significantly reduce disaster losses 
and future federal disaster spending. Pre-disaster Mitigation 
grant projects are particularly cost effective because they are 
selected through a national competitive process. As a result, 
PDM projects are most likely to result in the largest 
reductions in federal flood insurance and disaster payments.

                                Hearings

    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management, held hearings on subjects related to 
matters contained in H.R. 3300 during the 113th congress, 
including:
    ``FEMA Reauthorization: Recovering Quicker and Smarter'' 
held on September 18, 2013. The purpose of the hearing was to 
review recovery efforts to Hurricane Sandy, the tornadoes in 
Oklahoma and other disasters to ensure effective coordination 
among federal, state, tribal, and local agencies in helping 
communities to recover in a quicker and smarter way.
    ``FEMA Reauthorization: Ensuring the Nation is Prepared'' 
held on October 2, 2013. The purpose of the hearing was to 
examine FEMA's IPAWS and USAR System to evaluate the need for 
reform legislation in the context of a proposed reauthorization 
of FEMA.

                 Legislative History and Consideration

    On October 22, 2013, Chairman Bill Shuster (R-PA) 
introduced H.R. 3300, a bill to reauthorize the programs and 
activities of the FEMA.
    On October 29, 2013, the Committee on Transportation and 
Infrastructure met in open session. The Committee considered 
seven amendments. Amendments offered by Representatives Jeff 
Denham (R-CA), John Garamendi (D-CA), Daniel Webster (R-FL), 
and Sean Patrick Maloney (D-NY) were withdrawn. The Committee 
adopted three amendments by voice vote a manager's amendment 
offered by Chairman Shuster, an amendment offered by 
Representative Rodney Davis (R-IL), and an amendment offered by 
Lois Frankel (D-FL). The Committee ordered the bill, as 
amended, reported favorably to the House by voice vote with a 
quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 3300 or ordering the measure 
reported. A motion to order H.R. 3300, as amended, reported 
favorably to the House was agreed to by voice vote with a 
quorum present.

                      Committee Oversight Findings

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

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 3300 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 19, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3300, the FEMA 
Reauthorization Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3300--FEMA Reauthorization Act of 2013

    Summary: H.R. 3300 would authorize appropriations totaling 
$3.1 billion for the Federal Emergency Management Agency 
(FEMA), CBO estimates. Those authorizations include about $2.9 
billion for salaries and expenses of the agency; $110 million 
for the Urban Search and Rescue (US&R) Response System; $6 
million for Emergency Management Assistance Compact (EMAC) 
grants; and an estimated $82 million to provide grants to 
repair structures primarily used for religious purposes after a 
disaster. Based on historical expenditure patterns, CBO 
estimates that implementing the legislation would cost $3.1 
billion over the 2014-2018 period, assuming appropriation of 
the necessary amounts.
    Enacting this legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3300 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), by eliminating an existing right to seek compensation 
for damages and by requiring employers to allow members of the 
urban search and rescue response system to reclaim their jobs 
upon completing a deployment to a disaster. Based on 
information from FEMA, CBO estimates that the cost to comply 
with the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($75 million and $150 million, respectively, in 2013, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3300 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2014     2015     2016     2017     2018   2014-2018
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\a\
 
FEMA Salaries and Expenses:
    Authorization Level.................................      972      972      972        *        *     2,917
    Estimated Outlays...................................      874      972      972       98        *     2,917
US&R Response System:
    Authorization Level.................................       35       35       35        0        0       110
    Estimated Outlays...................................       25       35       35       10        0       110
EMAC Grants:
    Authorization Level.................................        2        2        2        0        0         6
    Estimated Outlays...................................        2        2        2        0        0         6
Public Assistance for Religious Nonprofit Facilities:
    Estimated Authorization Level.......................       32       18       10       11       11        82
    Estimated Outlays...................................        3        7       12       13       15        50
    Total Changes
        Authorization Level.............................    1,041    1,027    1,019       11       11     3,115
        Estimated Outlays...............................      904      914    1,021      121       15    3,083
----------------------------------------------------------------------------------------------------------------
Note: FEMA = Federal Emergency Management Agency; US&R = Urban Search and Rescue; * = less than $500,000; EMAC =
  Emergency Management Assistance Compact.
 
aThus far in fiscal year 2014, the Congress has provided funding through January 15, 2014, for most of the
  activities that would be authorized by H.R. 3300. The annualized level of current appropriations is $36
  million lower than the total that would be authorized by the bill for 2014.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of calendar year 2013 
and that amounts specified and estimated to be necessary will 
be appropriated for each year.

FEMA salaries and expenses

    FEMA is the federal government's lead agency in preparing 
for, protecting against, responding to, and recovering from all 
hazards, including natural disasters, acts of terrorism, and 
other man-made disasters. For fiscal year 2013, the Congress 
provided $936 million (reduced to roughly $900 million after 
sequestration) for salaries and expenses of the agency (see 
Public Law 113-6). That amount does not include funding for the 
US&R Response System and EMAC, which would be authorized 
separately in this bill.
    H.R. 3300 would authorize the appropriation of $972 million 
for each of fiscal years 2014 through 2016 for the 
administration of FEMA programs. That amount is about $36 
million above amounts provided by the Congress for 2014 (see 
Public Law 113-46), assuming that FEMA's partial-year 
appropriation for 2014 is continued at the same rate for the 
full year.
    Of those funds, up to $13 million per year would be used to 
modernize the Integrated Public Alert Warning System (IPAWS). 
IPAWS utilizes multiple technologies (for example, satellite 
radios, computers, and cellular phones) in addition to 
traditional radio and television communications to provide 
information about an impending or ongoing emergency. A similar 
amount was provided for this activity in 2013.
    Those funds also would be used to establish an advisory 
committee to develop recommendations for IPAWS. However, 
because the committee would not terminate until after 2016 (the 
last year in which the bill specifies an authorization level 
for FEMA), additional discretionary appropriations would be 
necessary to continue operations of the committee beyond that 
date. Based on historical expenditures for similar activities, 
CBO estimates that providing that funding would cost about $1 
million over the 2017-2018 period.
    Based on historical expenditure rates, CBO estimates that 
total spending for FEMA's salaries and expenses would be 
roughly $2.9 billion over the 2014-2018 period, assuming 
appropriation of the amounts specified and estimated to be 
necessary.

Urban Search and Rescue response system

    The legislation would authorize the appropriation of $35 
million in each of fiscal years 2014 through 2016 for US&R. 
This amount is equal to the amount provided in 2013, and the 
annualized amount of the funding provided thus far in 2014 (see 
Public Laws 113-6 and 113-46). The US&R response system 
consists of multiple task forces that assist local responders 
in the location, extrication, and initial medical stabilization 
of victims trapped in confined spaces. Funding provided by the 
bill would be used to staff and train the task forces and 
maintain equipment used in training and responding to a 
disaster. The bill also would direct FEMA to establish a 
national network of standardized resources and to enter into 
cooperative agreements with sponsoring agencies to reimburse 
costs incurred in US&R operations.
    Based on historical expenditure patterns, CBO estimates 
that implementing this provision would cost $110 million over 
the next five years, assuming appropriation of the specified 
amounts.

Emergency Management Assistance Compact (EMAC) grants

    H.R. 3300 would authorize the appropriation of $2 million 
in each of fiscal years 2014 through 2016 for grants to 
administer and coordinate activities under EMAC. That amount is 
roughly equal to that provided by the Congress for 2014 (see 
Public Law 113-46) assuming that FEMA's partial-year 
appropriation for 2014 is continued at the same rate for the 
full year. EMAC was ratified by the Congress in 1996 (see 
Public Law 104-321) as an interstate mutual-aid agreement that 
enables member states to share resources during a declared 
disaster. EMAC is currently administered by the National 
Emergency Management Association (NEMA), a private association 
representing state emergency management directors. About $1 
million was obligated by FEMA for EMAC in fiscal year 2013.
    Based on historical expenditures, CBO estimates that 
providing grants to NEMA and EMAC participants would cost $6 
million over 2014-2018 period, assuming appropriation of the 
specified amounts.

Public assistance for religious nonprofit facilities

    The bill would expand eligibility for grants under FEMA's 
Public Assistance (PA) program to structures used by nonprofit 
organizations for religious purposes. Under current law, 
structures owned by such nonprofits are only eligible for PA 
grants if their primary use is to provide an essential service 
of a governmental nature to the general public (for example, a 
school building).
    Based on historical demand for PA grants, CBO estimates 
that implementing this provision would require additional 
appropriations of $82 million over the next five years. Actual 
amounts may vary considerably depending on the severity of 
disasters in the future. Estimates for 2014 and 2015 are higher 
than later years because the bill would make such eligibility 
retroactive to October 28, 2012, which would include areas 
affected by Hurricane Sandy. Assuming appropriation of those 
amounts, CBO estimates that spending for additional PA grants 
would total $50 million over the 2014-2018 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3300 
would impose intergovernmental and private-sector mandates as 
defined in UMRA. CBO estimates that the cost to comply with the 
mandates by state, local, and tribal governments and the 
private sector would fall below the annual thresholds 
established in UMRA for such mandates ($75 million and $150 
million, respectively, in 2013, adjusted annually for 
inflation).
    Under current law, members of search and rescue task forces 
have protection from tort liability when participating in 
federal preparedness activities. The bill would expand that 
protection to include training exercises. Such protection would 
impose a mandate because it would eliminate an existing right 
to seek compensation for damages. According to FEMA, no claims 
for damage have been filed regarding a training exercise, nor 
does the agency expect that any such claims would be filed 
under current law. Therefore, CBO estimates that the costs, if 
any, of this mandate would be minimal.
    The bill also would require employers to allow task force 
members who are deployed to a disaster to reclaim their jobs 
upon completion of their service. According to FEMA, there are 
currently about 4,000 workers in the system; the duration of 
deployment is usually less than one month; and in general, most 
employers currently allow workers to reclaim their positions. 
Thus, CBO estimates that the cost for public and private-sector 
employers to comply with the mandate would fall below the 
annual thresholds.
    Estimate prepared by: Federal costs: Daniel Hoople; Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation, as amended, 
is to reauthorize the programs and activities of FEMA.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 3300, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 3300, as amended, 
directs the completion of a rule making within the meaning of 
section 551 of title 5, United States Code. Specifically, 
Section 207 requires FEMA to issue a rule that limits the 
timeframe of any audit conducted pursuant to section 318 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5161).

                       Federal Mandate Statement

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

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3300, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    H.R. 3300, as amended, codifies an existing advisory 
committee for the Urban Search and Rescue System within the 
meaning of section 5(b) of the Federal Advisory Committee Act 
(FACA) and provides for any costs associated with such 
committee be provided for from the amounts authorized in the 
legislation. H.R. 3300, as amended, also establishes an 
advisory committee for IPAWS, exempted from the requirements of 
FACA and with a specified termination.

                  Applicability of Legislative Branch

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

               Section-by-Section Analysis of Legislation

    Section 1: Short Title: Section 1 designates the short 
title as the ``FEMA Reauthorization Act of 2013.''

TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC 
                        ALERT AND WARNING SYSTEM

    Section 101: Reauthorization of the Federal Emergency 
Management Agency (FEMA): This section reauthorizes FEMA 
through Fiscal Year 2016 at $972 million each year, consistent 
with current funding levels.
    Section 102: Integrated Public Alert and Warning System 
Modernization: This section authorizes IPAWS at $12.7 million, 
consistent with current funding levels. This section would also 
establish clear system requirements and capabilities of IPAWS; 
provide a clear framework for the development of IPAWS; and 
ensure stakeholders, including federal, state, local and 
private sector entities have a clear method of providing input 
through a temporary advisory committee.
    The requirements of the system outlined in this section are 
intended to guide FEMA in its use and development of the 
capabilities in digital and other technologies. The 
requirements should not be interpreted as an authorization for 
FEMA to itself develop the communications network necessary to 
implement IPAWS. In addition, the language in section 
102(b)(3)(C) requires the public alert and warning system to 
provide alerts to the largest portion of the affected 
population as is feasible. Nothing in this section shall give 
FEMA the authority to require a television or radio 
broadcaster, or other communications entities, to translate 
disaster warnings and emergency messages into multiple 
languages. This language provision is intended to allow the 
pass through (where appropriate) of non-English language 
emergency messages as they are received by a broadcaster or 
communications entity from the public alert and warning system 
or other message originator.
    Further, subsection (d) of section 102 makes clear that 
nothing in that section provides authority to FEMA or any other 
government entity to require any action on the part of any 
nongovernment entity.
    The Committee expects FEMA to consider information provided 
by an Advisory Committee Member, who could have the status of a 
special government employee, in light of any potential 
conflicts of interest that such Member may have. In addition, 
if the Advisory Committee relies on any information provided by 
non-Advisory Committee Members, FEMA should consider whether 
the non-Advisory Committee Member has or could have a conflict 
of interest in providing the information and evaluate any such 
information with consideration of any potential conflict of 
interest.
    The committee expects that FEMA will work closely with 
relevant stakeholders on ensuring alerts can be sent to and 
received by those with disabilities. The committee recognizes 
FEMA has improved its outreach to relevant groups but expects 
FEMA to specifically work closely with the National Council on 
Disability (NCD), the federal agency specifically charged with 
working on disability policy. The committee notes the work the 
NCD has done to study the issue of people with disabilities in 
disasters, including the development of recommendations related 
to alerting systems in its report entitled ``Effective 
Emergency Management: Making Improvements for Communities and 
People with Disabilities'' issued August 12, 2009.

               TITLE II--STAFFORD ACT AND OTHER PROGRAMS

    Section 201: Reauthorization of Urban Search and Rescue 
Response System: This section reauthorizes the USAR Response 
System at $35 million through Fiscal Year 2016, consistent with 
current funding levels. This section also codifies the current 
USAR Response System in statute and clarifies liabilities and 
compensation issues related to participants in the System.
    This section is intended to codify existing workers' 
compensation and tort liability protections for USAR system 
members that are currently provided administratively by FEMA. 
It also provides protections under the Uniformed Services 
Employment and Reemployment Rights Act (USERRA), and 
establishes licensing protection.
    Section 202: Eligibility of Public Broadcasting Facilities 
for Certain Disaster Assistance: This section clarifies 
existing eligibility of certain public broadcasting facilities 
for disaster assistance.
    The Committee intends for the term ``public broadcasting 
facilities'' to include towers, antennas, transmitters, 
translators, and the structures and buildings that house such 
facilities.''
    Section 203: Federal Disaster Assistance Nonprofit 
Fairness: This section clarifies the eligibility of houses of 
worship for the purposes of disaster assistance regardless of 
the religious character of the facility or the primary 
religious use of the facility.
    Section 204: Reauthorization of Emergency Management 
Assistance Compact Grants: This section reauthorizes the 
Emergency Management Assistance Compacts (EMAC) Grants at $2 
million each year through Fiscal Year 2016, consistent with 
current funding levels.
    Section 205: Physical Testing Standards for Electric 
Utility Facilities: This section requires FEMA to study the 
differences between its physical testing standards as applied 
to electric utility facilities as a condition for federal 
assistance and those of the electric utilities industry.
    Section 206: Review and Report Regarding the Eligibility of 
Certain Housing Entities to Receive Disaster Assistance: This 
section requires FEMA to report on options and assistance 
available for cooperative and condominium associations, 
including commercial and noncommercial, to repair common areas 
damaged by a disaster.
    Section 207: Audit Timeframe Limitation: This section 
requires FEMA to issue a rule that limits the timeframe of any 
audit conducted under section 318 of the Stafford Act.
    Cases continue to be reported in which grantees and 
subgrantees of FEMA Public Assistance funds are asked to repay 
assistance many years after the particular project or projects 
are completed, creating uncertainty for states and subgrantees. 
For example, there are projects long completed from Hurricanes 
Charley, Jeanne, Wilma, and Frances in 2004 and 2005 where 
grantees--years later--may be asked to repay funds previously 
approved by FEMA. Unless there is evidence of fraud, grantees 
should have some level of certainty and finality in the 
process.

         Changes in Existing Law Made by the Bill, as Reported

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

          POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006

(Public Law 109-295)

           *       *       *       *       *       *       *

TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *

Subtitle C--Comprehensive Preparedness System

           *       *       *       *       *       *       *

                   CHAPTER 2--ADDITIONAL PREPAREDNESS

[SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  [(a) In General.--The Administrator may make grants to 
administer the Emergency Management Assistance Compact 
consented to by the Joint Resolution entitled ``Joint 
Resolution granting the consent of Congress to the Emergency 
Management Assistance Compact'' (Public Law 104-321; 110 Stat. 
3877).
  [(b) Uses.--A grant under this section shall be used--
          [(1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action 
        reports for the 2004 and 2005 hurricane season;
          [(2) to administer compact operations on behalf of 
        all member States and territories;
          [(3) to continue coordination with the Agency and 
        appropriate Federal agencies;
          [(4) to continue coordination with State, local, and 
        tribal government entities and their respective 
        national organizations; and
          [(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing emergency response 
        providers and the typing of emergency response 
        resources.
  [(c) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to 
ensure effective coordination of efforts in responding to 
requests for assistance.
  [(d) Authorization.--There is authorized to be appropriated 
to carry out this section $4,000,000 for fiscal year 2008. Such 
sums shall remain available until expended.]

           *       *       *       *       *       *       *

              Subtitle G--Authorization of Appropriations

SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title and the amendments made by this title for the 
[administration and operations] management and administration 
of the Agency--
          (1) for fiscal year 2008, an amount equal to the 
        amount appropriated for fiscal year 2007 for 
        [administration and operations] management and 
        administration of the Agency, multiplied by 1.1;
          (2) for fiscal year 2009, an amount equal to the 
        amount described in paragraph (1), multiplied by 1.1; 
        [and]
          (3) for fiscal year 2010, an amount equal to the 
        amount described in paragraph (2), multiplied by 
        1.1[.]; and
          (4) for fiscal year 2014, $972,145,000;
          (5) for fiscal year 2015, $972,145,000; and
          (6) for fiscal year 2016, $972,145,000.

           *       *       *       *       *       *       *

                              ----------                              

ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

           *       *       *       *       *       *       *

TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

           *       *       *       *       *       *       *

                              definitions

  Sec. 102. As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (10) Public facility.-- ``Public facility'' means the 
        following facilities owned by a State or local 
        government:
                  (A) * * *
                  [(B) Any non-Federal-aid street, road, or 
                highway.]
                  (B) Additional facilities.--In addition to 
                the facilities described in subparagraph (A), 
                the term ``private nonprofit facility'' 
                includes any private nonprofit facility that 
                provides essential services of a governmental 
                nature to the general public (including 
                museums, zoos, performing arts facilities, 
                community arts centers, community centers, 
                including houses of worship exempt from 
                taxation under section 501(c) of the Internal 
                Revenue Code of 1986, libraries, homeless 
                shelters, senior citizen centers, 
                rehabilitation facilities, shelter workshops, 
                and facilities that provide health and safety 
                services of a governmental nature), as defined 
                by the President.

           *       *       *       *       *       *       *

          (11) Private nonprofit facility.--
                  (A) * * *
                  (B) Additional facilities.--In addition to 
                the facilities described in subparagraph (A), 
                the term ``private nonprofit facility'' 
                includes any private nonprofit facility that 
                provides essential services of a governmental 
                nature to the general public (including 
                museums, zoos, performing arts facilities, 
                community arts centers, libraries, homeless 
                shelters, senior citizen centers, 
                rehabilitation facilities, shelter workshops, 
                public broadcasting facilities, and facilities 
                that provide health and safety services of a 
                governmental nature), as defined by the 
                President.

           *       *       *       *       *       *       *

TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *

SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency.
          (3) Hazard.--The term ``hazard'' has the meaning 
        given that term by section 602.
          (4) Nonemployee system member.--The term 
        ``nonemployee System member'' means a System member not 
        employed by a sponsoring agency or participating 
        agency.
          (5) Participating agency.--The term ``participating 
        agency'' means a State or local government, nonprofit 
        organization, or private organization that has executed 
        an agreement with a sponsoring agency to participate in 
        the System.
          (6) Sponsoring agency.--The term ``sponsoring 
        agency'' means a State or local government that is the 
        sponsor of a task force designated by the Administrator 
        to participate in the System.
          (7) System.--The term ``System'' means the National 
        Urban Search and Rescue Response System to be 
        administered under this section.
          (8) System member.--The term ``System member'' means 
        an individual who is not a full-time employee of the 
        Federal Government and who serves on a task force or on 
        a System management or other technical team.
          (9) Task force.--The term ``task force'' means an 
        urban search and rescue team designated by the 
        Administrator to participate in the System.
  (b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the 
emergency response system known as the National Urban Search 
and Rescue Response System.
  (c) Functions.--In administering the System, the 
Administrator shall provide for a national network of 
standardized search and rescue resources to assist States and 
local governments in responding to hazards.
  (d) Task Forces.--
          (1) Designation.--The Administrator shall designate 
        task forces to participate in the System. The 
        Administrator shall determine the criteria for such 
        participation.
          (2) Sponsoring agencies.--Each task force shall have 
        a sponsoring agency. The Administrator shall enter into 
        an agreement with the sponsoring agency with respect to 
        the participation of each task force in the System.
          (3) Composition.--
                  (A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring 
                agency, one or more participating agencies. The 
                sponsoring agency shall enter into an agreement 
                with each participating agency with respect to 
                the participation of the participating agency 
                on the task force.
                  (B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring 
                agency, other individuals not otherwise 
                associated with the sponsoring agency or a 
                participating agency. The sponsoring agency of 
                a task force may enter into a separate 
                agreement with each such individual with 
                respect to the participation of the individual 
                on the task force.
  (e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the 
System.
  (f) Appointment of System Members Into Federal Service.--
          (1) In general.--The Administrator may appoint a 
        System member into Federal service for a period of 
        service to provide for the participation of the System 
        member in exercises, preincident staging, major 
        disaster and emergency response activities, and 
        training events sponsored or sanctioned by the 
        Administrator.
          (2) Nonapplicability of certain civil service laws.--
        The Administrator may make appointments under paragraph 
        (1) without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service.
          (3) Relationship to other authorities.--The authority 
        of the Administrator to make appointments under this 
        subsection shall not affect any other authority of the 
        Administrator under this Act.
          (4) Limitation.--A System member who is appointed 
        into Federal service under paragraph (1) shall not be 
        considered an employee of the United States for 
        purposes other than those specifically set forth in 
        this section.
  (g) Compensation.--
          (1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by 
        regulation, the Administrator shall make payments to 
        the sponsoring agency of a task force--
                  (A) to reimburse each employer of a System 
                member on the task force for compensation paid 
                by the employer to the System member for any 
                period during which the System member is 
                appointed into Federal service under subsection 
                (f)(1); and
                  (B) to make payments directly to a 
                nonemployee System member on the task force for 
                any period during which the non-employee System 
                member is appointed into Federal service under 
                subsection (f)(1).
          (2) Reimbursement for employees filling positions of 
        system members.--
                  (A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make 
                payments to the sponsoring agency of a task 
                force to reimburse each employer of a System 
                member on the task force for compensation paid 
                by the employer to an employee filling a 
                position normally filled by the System member 
                for any period during which the System member 
                is appointed into Federal service under 
                subsection (f)(1).
                  (B) Limitation.--Costs incurred by an 
                employer shall be eligible for reimbursement 
                under subparagraph (A) only to the extent that 
                the costs are in excess of the costs that would 
                have been incurred by the employer had the 
                System member not been appointed into Federal 
                service under subsection (f)(1).
          (3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period 
        during which the System member is appointed into 
        Federal service under subsection (f)(1).
  (h) Personal Injury, Illness, Disability, or Death.--
          (1) In general.--A System member who is appointed 
        into Federal service under subsection (f)(1) and who 
        suffers personal injury, illness, disability, or death 
        as a result of a personal injury sustained while acting 
        in the scope of such appointment shall, for the 
        purposes of subchapter I of chapter 81 of title 5, 
        United States Code, be treated as though the member 
        were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance 
        of duty.
          (2) Election of benefits.--
                  (A) In general.--If a System member (or, in 
                the case of the death of the System member, the 
                System member's dependent) is entitled--
                          (i) under paragraph (1) to receive 
                        benefits under subchapter I of chapter 
                        81 of title 5, United States Code, by 
                        reason of personal injury, illness, 
                        disability, or death, and
                          (ii) to receive benefits from a State 
                        or local government by reason of the 
                        same personal injury, illness, 
                        disability, or death,
                the System member or dependent shall elect to 
                receive either the benefits referred to in 
                clause (i) or (ii).
                  (B) Deadline.--A System member or dependent 
                shall make an election of benefits under 
                subparagraph (A) not later than 1 year after 
                the date of the personal injury, illness, 
                disability, or death that is the reason for the 
                benefits or until such later date as the 
                Secretary of Labor may allow for reasonable 
                cause shown.
                  (C) Effect of election.--An election of 
                benefits made under this paragraph is 
                irrevocable unless otherwise provided by law.
          (3) Reimbursement for state or local benefits.--
        Subject to such terms and conditions as the 
        Administrator may impose by regulation, in the event 
        that a System member or dependent elects benefits from 
        a State or local government under paragraph (2)(A), the 
        Administrator shall reimburse the State or local 
        government for the value of those benefits.
  (i) Liability.--A System member appointed into Federal 
service under subsection (f)(1), while acting within the scope 
of the appointment, is deemed an employee of the Federal 
Government under section 1346(b) of title 28, United States 
Code, and chapter 171 of that title, relating to tort claims 
procedure.
  (j) Employment and Reemployment Rights.--With respect to a 
System member who is not a regular full-time employee of a 
sponsoring agency or participating agency, the following terms 
and conditions apply:
          (1) Service.--Service as a System member is deemed 
        ``service in the uniformed services'' for purposes of 
        chapter 43 of title 38, United States Code, relating to 
        employment and reemployment rights of individuals who 
        have performed service in the uniformed services 
        (regardless of whether the individual receives 
        compensation for such participation). All rights and 
        obligations of such persons and procedures for 
        assistance, enforcement, and investigation shall be as 
        provided for in such chapter.
          (2) Preclusion.--Preclusion of giving notice of 
        service by necessity of appointment under this section 
        is deemed preclusion by ``military necessity'' for 
        purposes of section 4312(b) of title 38, United States 
        Code, pertaining to giving notice of absence from a 
        position of employment. A determination of such 
        necessity shall be made by the Administrator and shall 
        not be subject to judicial review.
  (k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or 
other governmental jurisdiction evidencing the member's 
qualifications in any professional, mechanical, or other skill 
or type of assistance required by the System, the System member 
is deemed to be performing a Federal activity when rendering 
aid involving such skill or assistance during a period of 
appointment into Federal service under subsection (f)(1).
  (l) Advisory Committee.--
          (1) In general.--The Administrator shall establish 
        and maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist 
        the Administrator in administering the System.
          (2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, 
        and shall include--
                  (A) the chief officer or senior executive 
                from at least three sponsoring agencies;
                  (B) the senior emergency manager from at 
                least two States that include sponsoring 
                agencies; and
                  (C) at least one representative recommended 
                by the leaders of the task forces.
          (3) Inapplicability of termination requirement.--
        Section 14(a)(2) of the Federal Advisory Committee Act 
        (5 U.S.C. App.) shall not apply to the advisory 
        committee under this subsection.
  (m) Preparedness Cooperative Agreements.--
          (1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator 
        shall enter into an annual preparedness cooperative 
        agreement with each sponsoring agency. Amounts made 
        available to a sponsoring agency under such a 
        preparedness cooperative agreement shall be for the 
        following purposes:
                  (A) Training and exercises, including 
                training and exercises with other Federal, 
                State, and local government response entities.
                  (B) Acquisition and maintenance of equipment, 
                including interoperable communications and 
                personal protective equipment.
                  (C) Medical monitoring required for responder 
                safety and health in anticipation of and 
                following a major disaster, emergency, or other 
                hazard, as determined by the Administrator.
          (2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, 
        amounts made available for cooperative agreements under 
        this subsection that are not expended shall be 
        deposited in an agency account and shall remain 
        available for such agreements without fiscal year 
        limitation.
  (n) Response Cooperative Agreements.--The Administrator shall 
enter into a response cooperative agreement with each 
sponsoring agency, as appropriate, under which the 
Administrator agrees to reimburse the sponsoring agency for 
costs incurred by the sponsoring agency in responding to a 
major disaster or emergency.
  (o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
  (p) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out the System and the provisions 
        of this section $35,180,000 for each of fiscal years 
        2014, 2015, and 2016.
          (2) Administrative expenses.--The Administrator may 
        use not to exceed 6 percent of the funds appropriated 
        for a fiscal year pursuant to paragraph (1) for 
        salaries, expenses, and other administrative costs 
        incurred by the Administrator in carrying out this 
        section.

TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *

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

  (a) Contributions.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Conditions for assistance to private nonprofit 
        facilities.--
                  (A) * * *
                  (B) Definition of critical services.--In this 
                paragraph, the term ``critical services'' 
                includes power, water (including water provided 
                by an irrigation organization or facility), 
                sewer, wastewater treatment, [communications,] 
                communications (including public broadcasting), 
                education, and emergency medical care.
                  (C) Nonprofit fairness.--A church, synagogue, 
                mosque, temple, or other house of worship, and 
                a private nonprofit facility operated by a 
                religious organization, shall be eligible for 
                contributions under paragraph (1)(B), without 
                regard to the religious character of the 
                facility or the primary religious use of the 
                facility.

           *       *       *       *       *       *       *

TITLE VI--EMERGENCY PREPAREDNESS

           *       *       *       *       *       *       *

Subtitle A--Powers and Duties

           *       *       *       *       *       *       *

SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  (a) In General.--The Administrator of the Federal Emergency 
Management Agency may make grants to provide for implementation 
of the Emergency Management Assistance Compact consented to by 
Congress in the joint resolution entitled ``Joint resolution 
granting the consent of Congress to the Emergency Management 
Assistance Compact'' (Public Law 104-321; 110 Stat. 3877).
  (b) Eligible Grant Recipients.--States and the Administrator 
of the Emergency Management Assistance Compact shall be 
eligible to receive grants under subsection (a).
  (c) Use of Funds.--A grant received under this section shall 
be used--
          (1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action 
        reports for the 2004 and 2005 hurricane seasons;
          (2) to administer compact operations on behalf of 
        States, as such term is defined in the compact, that 
        have enacted the compact;
          (3) to continue coordination with the Federal 
        Emergency Management Agency and appropriate Federal 
        agencies;
          (4) to continue coordination with States and local 
        governments and their respective national 
        organizations; and
          (5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the 
        typing of emergency response resources.
  (d) Coordination.--The Administrator of the Federal Emergency 
Management Agency shall consult with the Administrator of the 
Emergency Management Assistance Compact to ensure effective 
coordination of efforts in responding to requests for 
assistance.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $2,000,000 for each 
of the fiscal years 2014, 2015, and 2016. Such sums shall 
remain available until expended.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

PART III--EMPLOYEES

           *       *       *       *       *       *       *

SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *

               CHAPTER 81--COMPENSATION FOR WORK INJURIES

                        SUBCHAPTER I--GENERALLY

Sec. 8101. Definitions

  For the purpose of this subchapter--
          (1) ``employee'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) an individual employed by the government 
                of the District of Columbia; [and]

           *       *       *       *       *       *       *

                  (F) an individual selected pursuant to 
                chapter 121 of title 28, [United States Code,] 
                and serving as a petit or grand juror; and
                  (G) an individual who is a System member of 
                the National Urban Search and Rescue Response 
                System during a period of appointment into 
                Federal service pursuant to section 327 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act;

           *       *       *       *       *       *       *

                              ----------                              

TITLE 38, UNITED STATES CODE

           *       *       *       *       *       *       *

PART III--READJUSTMENT AND RELATED BENEFITS

           *       *       *       *       *       *       *

   CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *

Sec. 4303. Definitions

  For the purposes of this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (13) The term ``service in the uniformed services'' 
        means the performance of duty on a voluntary or 
        involuntary basis in a uniformed service under 
        competent authority and includes active duty, active 
        duty for training, initial active duty for training, 
        inactive duty training, full-time National Guard duty, 
        a period for which a person is absent from a position 
        of employment for the purpose of an examination to 
        determine the fitness of the person to perform any such 
        duty, a period for which a System member of the 
        National Urban Search and Rescue Response System is 
        absent from a position of employment due to an 
        appointment into Federal service under section 327 of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act, and a period for which a person is 
        absent from employment for the purpose of performing 
        funeral honors duty as authorized by section 12503 of 
        title 10 or section 115 of title 32.

           *       *       *       *       *       *       *

          (16) The term ``uniformed services'' means the Armed 
        Forces, the Army National Guard and the Air National 
        Guard when engaged in active duty for training, 
        inactive duty training, or full-time National Guard 
        duty, the commissioned corps of the Public Health 
        Service, System members of the National Urban Search 
        and Rescue Response System during a period of 
        appointment into Federal service under section 327 of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act, and any other category of persons 
        designated by the President in time of war or national 
        emergency.

           *       *       *       *       *       *       *

                                  [all]
```