House Report 112-674 - FEMA REAUTHORIZATION ACT OF 2012[House Report 112-674]
[From the U.S. Government Printing Office]


112th Congress                                            Rept. 112-674
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================
 
                    FEMA REAUTHORIZATION ACT OF 2012

                                _______
                                

 September 14, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2903]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2903) 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...........................................    15
Background and Need for Legislation..............................    15
Hearings.........................................................    19
Legislative History and Consideration............................    21
Committee Votes..................................................    21
Committee Oversight Findings.....................................    21
New Budget Authority and Tax Expenditures........................    22
Congressional Budget Office Cost Estimate........................    22
Performance Goals and Objectives.................................    26
Advisory of Earmarks.............................................    26
Federal Mandate Statement........................................    26
Preemption Clarification.........................................    26
Advisory Committee Statement.....................................    27
Applicability to the Legislative Branch..........................    27
Section-by-Section Analysis of the Legislation...................    27
Changes in Existing Law made by the Bill, as Reported............    32
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``FEMA Reauthorization 
Act of 2012''.
  (b) Table of Contents.--

Sec. 1. Short title and table of contents.

TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC 
                        ALERT AND WARNING SYSTEM

Sec. 101. Reauthorization of Federal Emergency Management Agency.
Sec. 102. Integrated Public Alert and Warning System Modernization.

               TITLE II--STAFFORD ACT AND OTHER PROGRAMS

Sec. 201. Reauthorization of urban search and rescue response system.
Sec. 202. Reauthorization of emergency management assistance compact 
grants.
Sec. 203. Disposal of excess property to assist other disaster 
survivors.
Sec. 204. Storage, sale, transfer, and disposal of housing units.
Sec. 205. Other methods of disposal.
Sec. 206. Establishment of criteria relating to administration of 
hazard mitigation assistance by States.
Sec. 207. Review of regulations and policies.
Sec. 208. Appeals process.
Sec. 209. Implementation of cost estimating.
Sec. 210. Tribal requests for a major disaster or emergency declaration 
under the Stafford Act.
Sec. 211. Individual assistance factors.
Sec. 212. Public assistance pilot program.
Sec. 213. Public assistance debris removal procedures.
Sec. 214. Use of funds.
Sec. 215. Reduction of authorization for emergency management 
performance grants.
Sec. 216. Technical correction.
Sec. 217. National Dam Safety Program Act reauthorization.

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 the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 811) is amended to read as follows:

``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 salaries and expenses of the 
Agency--
          ``(1) for fiscal year 2012, $1,031,378,000, including amounts 
        transferred from grant programs;
          ``(2) for fiscal year 2013, $1,031,378,000, including amounts 
        transferred from grant programs; and
          ``(3) for fiscal year 2014, $1,031,378,000, including amounts 
        transferred from grant programs.''.

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 2012''.
  (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 individuals with 
                disabilities and individuals with limited English 
                proficiency;
                  (D) ensure that training, tests, and exercises are 
                conducted for the public alert and warning system;
                  (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; and
                  (F) consider conducting, at least once every 3 years, 
                periodic nationwide tests of the public alert and 
                warning system.
          (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) be 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;
                  (D) promote local and regional public and private 
                partnerships to enhance community preparedness and 
                response; and
                  (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.
          (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 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 
        $13,287,000 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 2012, 2013, and 2014 to 
        carry out the provisions of this section.
  (c) Integrated Public Alert and Warning System Advisory Committee.--
          (1) Establishment.--Not later than 60 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, 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) 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.
                  (E) Representatives from federally recognized Indian 
                tribes and national Indian organizations.
                  (F) 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;
                          (v) the national organization representing 
                        the licensees and permittees of noncommercial 
                        broadcast television stations;
                          (vi) the cellular industry;
                          (vii) the cable industry;
                          (viii) the satellite industry; and
                          (ix) national organizations representing 
                        individuals with special needs, including 
                        individuals with disabilities and the elderly.
                  (G) 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 60 
                days after the date of enactment of this Act.
                  (B) Other meetings.--After the initial meeting, the 
                Advisory Committee shall meet 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.
          (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) 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; and
                          (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.
          (7) 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 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.
          (8) 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.
          (9) Termination.--The Advisory Committee shall terminate not 
        later than 3 years after the date of enactment of this Act.
  (d) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to affect the authority of the Department of 
Commerce or the Federal Communications Commission.

               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) Non-employee system member.--The term `non-employee 
        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, 1 
                or more participating agencies. The sponsoring agency 
                shall enter into an agreement with each participating 
                agency of the task force 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 of the task 
                force. 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 non-employee 
                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 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 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 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 3 sponsoring agencies;
                  ``(B) the senior emergency manager from at least 2 
                States that include sponsoring agencies; and
                  ``(C) at least 1 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 
        $35,250,000 for each of fiscal years 2012, 2013, and 2014.
          ``(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. 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 2012, 2013, and 2014. 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. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER 
                    SURVIVORS.

  Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act as amended by this Act is further amended by adding at 
the end the following:

``SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, AND EQUIPMENT.

  ``(a) In General.--Notwithstanding any other provision of law, if the 
President determines that materials, supplies, or equipment acquired by 
the President pursuant to title IV or V for response or recovery 
efforts in connection with a major disaster or emergency are in excess 
of the amount needed for those efforts, the President may transfer the 
excess materials, supplies, or equipment directly to a State, local 
government, or relief or disaster assistance organization for the 
purpose of--
          ``(1) assisting disaster survivors in other major disasters 
        and emergencies; and
          ``(2) assisting survivors in incidents caused by a hazard 
        that do not result in a declaration of a major disaster or 
        emergency if the Governor of the affected State certifies 
        that--
                  ``(A) there is an urgent need for the materials, 
                supplies, or equipment; and
                  ``(B) the State is unable to provide the materials, 
                supplies, or equipment in a timely manner.
  ``(b) Hazard Defined.--In this section, the term `hazard' has the 
meaning given that term by section 602.''.

SEC. 204. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING UNITS.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of FEMA.
          (2) Emergency; major disaster.--The terms ``emergency'' and 
        ``major disaster'' have the meanings given such terms in 
        section 102 of the Stafford Act (42 U.S.C. 5122).
          (3) FEMA.--The term ``FEMA'' means the Federal Emergency 
        Management Agency.
          (4) Hazard.--The term ``hazard'' has the meaning given such 
        term in section 602 of the Stafford Act (42 U.S.C. 5195a).
          (5) Stafford act.--The term ``Stafford Act'' means the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
  (b) Needs Assessment; Establishment of Criteria.--Not later than 90 
days after the date of enactment of this Act, the Administrator shall 
complete an assessment to determine the number of temporary housing 
units that FEMA needs to maintain in stock to respond appropriately to 
emergencies or major disasters occurring after the date of enactment of 
this Act.
  (c) Plan.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        and guidelines for--
                  (A) storing the number of temporary housing units 
                that FEMA needs to maintain in stock, as determined by 
                the Administrator under subsection (b); and
                  (B) selling, transferring, donating, or otherwise 
                disposing of the temporary housing units in the 
                inventory of FEMA that are in excess of the number of 
                temporary housing units that FEMA needs to maintain in 
                stock, as determined by the Administrator under 
                subsection (b).
          (2) Report.--
                  (A) In general.--Not later than 180 days after the 
                date of enactment of this Act and annually thereafter, 
                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 of the Senate a report on the 
                actions that the Administrator has taken to establish 
                and implement the plan and guidelines established under 
                paragraph (1).
                  (B) Required information.--In each report submitted 
                under subparagraph (A), the Administrator shall 
                document the number of temporary housing units 
                remaining in the inventory of FEMA and the number of 
                units sold, transferred, donated, and otherwise 
                disposed of pursuant to this section.
          (3) Update.--The Administrator shall update the plan 
        established under paragraph (1) as necessary to ensure that the 
        Administrator maintains in the inventory of FEMA only those 
        temporary housing units that are needed to respond 
        appropriately to emergencies or major disasters.
  (d) Transfer of Temporary Housing Units to States.--
          (1) In general.--Notwithstanding section 408(d)(2) of the 
        Stafford Act (42 U.S.C. 5174(d)(2)), and subject to the 
        requirements of paragraph (2), the Administrator may transfer 
        or donate to States, on a priority basis, pursuant to 
        subsection (c)(1)(B), excess temporary housing units in the 
        inventory of FEMA.
          (2) State requests.--
                  (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, a State may submit to 
                the Administrator a request to receive excess temporary 
                housing units under paragraph (1).
                  (B) Eligibility.--A State shall be eligible to 
                receive excess temporary housing units under paragraph 
                (1) if the State agrees--
                          (i) to use the units to provide temporary 
                        housing to survivors of incidents that are 
                        caused by hazards and that the Governor of the 
                        State determines require State assistance;
                          (ii) to pay to store and maintain the units;
                          (iii) in the event of a major disaster or 
                        emergency declared for the State by the 
                        President under the Stafford Act, to make the 
                        units available to the President or to use the 
                        units to provide housing directly to survivors 
                        of the major disaster or emergency in the 
                        State;
                          (iv) to comply with the nondiscrimination 
                        provisions of section 308 of the Stafford Act 
                        (42 U.S.C. 5151); and
                          (v) to obtain and maintain hazard and flood 
                        insurance on the units.
                  (C) Incidents.--The incidents referred to in 
                subparagraph (B)(i) may include incidents that do not 
                result in a declaration of a major disaster or 
                emergency by the President under the Stafford Act.
          (3) Distribution.--
                  (A) Establishment of process.--The Administrator 
                shall establish a process--
                          (i) to review requests submitted by States 
                        under paragraph (2); and
                          (ii) to distribute excess temporary housing 
                        units that are in the inventory of FEMA.
                  (B) Allocation.--If the number of temporary housing 
                units requested by States under paragraph (2) exceeds 
                the number of excess temporary housing units available, 
                the Administrator shall allocate the available units 
                among the States that have submitted a request.
          (4) Remaining temporary housing units.--Temporary housing 
        units that are not transferred or donated under paragraph (1) 
        shall be sold, transferred, donated, or otherwise disposed of 
        subject to the requirements of section 408(d)(2) of the 
        Stafford Act (42 U.S.C. 5174(d)(2)) and other applicable 
        provisions of law.
          (5) Limitation on statutory construction.--Nothing in this 
        section shall be construed to affect section 689k of the Post-
        Katrina Emergency Management Reform Act of 2006 (120 Stat. 
        1456). For purposes of that section, a transfer or donation to 
        a State of a temporary housing unit under paragraph (1) shall 
        be treated as a disposal to house individuals or households 
        under section 408 of the Stafford Act (42 U.S.C. 5174).

SEC. 205. OTHER METHODS OF DISPOSAL.

  Section 408(d)(2)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)) is amended--
          (1) in clause (i) by striking ``or'';
          (2) in clause (ii) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
                          ``(iii) may be sold, transferred, or donated 
                        directly to a State or other governmental 
                        entity or to a voluntary organization for the 
                        sole purpose of providing temporary housing to 
                        disaster victims in disasters and incidents 
                        caused by a hazard (as such term is defined in 
                        section 602) that do not result in a 
                        declaration of a major disaster or emergency 
                        if, as a condition of the sale, transfer, or 
                        donation, the State, other governmental agency, 
                        or voluntary organization agrees--
                                  ``(I) to comply with the 
                                nondiscrimination provisions of section 
                                308; and
                                  ``(II) to obtain and maintain hazard 
                                and flood insurance for the housing 
                                units.''.

SEC. 206. ESTABLISHMENT OF CRITERIA RELATING TO ADMINISTRATION OF 
                    HAZARD MITIGATION ASSISTANCE BY STATES.

  Not later than 180 days after the date of enactment of this Act, the 
President shall establish the criteria required under section 404(c)(2) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170c(c)(2)).

SEC. 207. REVIEW OF REGULATIONS AND POLICIES.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the President, acting through the Administrator of the 
Federal Emergency Management Agency, shall review regulations and 
policies relating to Federal disaster assistance to eliminate 
regulations the President determines are no longer relevant, to 
harmonize contradictory regulations, and to simplify and expedite 
disaster recovery and assistance.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the President shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report describing changes made to regulations as a result of 
the review required under subsection (a), together with any legislative 
recommendations relating thereto.
  (c) State Hazard Mitigation Plans.--The President, acting through the 
Administrator, shall revise regulations related to the submission of 
State Hazard Mitigation Plans to extend the hazard mitigation planning 
cycle to every 5 years, consistent with local planning cycles.

SEC. 208. APPEALS PROCESS.

  Section 423(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended to read as 
follows:
  ``(b) Period for Decision.--
          ``(1) In general.--A decision regarding an appeal under 
        subsection (a) shall be rendered within 60 days after the date 
        on which the Federal official designated to administer such 
        appeal receives notice of such appeal.
          ``(2) Failure to satisfy deadline.--If the Federal official 
        fails to satisfy the requirement under paragraph (1), the 
        Federal official shall provide a written explanation of such 
        failure to the applicant. The President, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        transmit quarterly to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on such failures.''.

SEC. 209. IMPLEMENTATION OF COST ESTIMATING.

  Not later than 180 days after the date of enactment of this Act, the 
President, acting through the Administrator of the Federal Emergency 
Management Agency, shall issue and begin to implement the regulations 
required by section 406(e)(3)(C) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to 
provide for cost estimation procedures that expedite recovery and to 
reduce the costs and time for completion of recovery projects through 
the creation of financial and performance incentives.

SEC. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION 
                    UNDER THE STAFFORD ACT.

  (a) Major Disaster Requests.--Section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is 
amended--
          (1) by striking ``All requests for a declaration'' and 
        inserting ``(a) In General.--All requests for a declaration''; 
        and
          (2) by adding at the end the following:
  ``(b) Indian Tribal Government Requests.--
          ``(1) In general.--The Chief Executive of an affected Indian 
        tribal government may submit a request for a declaration by the 
        President that a major disaster exists consistent with the 
        requirements of subsection (a).
          ``(2) References.--In implementing assistance authorized by 
        the President under this Act in response to a request of the 
        Chief Executive of an affected Indian tribal government for a 
        major disaster declaration, any reference in this title or 
        section 319 to a State or the Governor of a State is deemed to 
        refer to an affected Indian tribal government or the Chief 
        Executive of an affected Indian tribal government, as 
        appropriate.
          ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.
  ``(c) Cost Share Adjustments for Indian Tribal Governments.--
          ``(1) In general.--In providing assistance to an Indian 
        tribal government under this title, the President may waive or 
        adjust any payment of a non-Federal contribution with respect 
        to the assistance if--
                  ``(A) the President has the authority to waive or 
                adjust the payment under another provision of this 
                title; and
                  ``(B) the President determines that the waiver or 
                adjustment is necessary and appropriate.
          ``(2) Criteria for making determinations.--The President 
        shall establish criteria for making determinations under 
        paragraph (1)(B).''.
  (b) Emergency Requests.--Section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is 
amended by adding at the end the following:
  ``(c) Indian Tribal Government Requests.--
          ``(1) In general.--The Chief Executive of an affected Indian 
        tribal government may submit a request for a declaration by the 
        President that an emergency exists consistent with the 
        requirements of subsection (a).
          ``(2) References.--In implementing assistance authorized by 
        the President under this title in response to a request of the 
        Chief Executive of an affected Indian tribal government for an 
        emergency declaration, any reference in this title or section 
        319 to a State or the Governor of a State shall be deemed to 
        refer to an affected Indian tribal government or the Chief 
        Executive of an affected Indian tribal government, as 
        appropriate.
          ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.''.
  (c) Definitions.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
          (1) in paragraph (7)(B) by striking ``; and'' and inserting 
        ``, that is not an Indian tribal government as defined in 
        paragraph (6); and'';
          (2) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), respectively;
          (3) by inserting after paragraph (5) the following:
          ``(6) Indian tribal government.--The term `Indian tribal 
        government' means the governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, or community that 
        the Secretary of the Interior acknowledges to exist as an 
        Indian tribe under the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 479a et seq.).''; and
          (4) by adding at the end the following:
          ``(12) Chief executive.--The term `Chief Executive' means the 
        person who is recognized by the Secretary of the Interior as 
        the chief elected administrative officer of an Indian tribal 
        government.''.
  (d) References.--Title I of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by 
adding after section 102 the following:

``SEC. 103. REFERENCES.

  ``Except as otherwise specifically provided, any reference in this 
Act to `State and local', `State or local', or `State, local' with 
respect to governments or officials and any reference to a `local 
government' in section 417 is deemed to refer also to Indian tribal 
governments and officials, as appropriate.''.
  (e) Regulations.--
          (1) Issuance.--The President shall issue regulations to carry 
        out the amendments made by this section.
          (2) Factors.--In issuing the regulations, the President shall 
        consider the unique conditions that affect the general welfare 
        of Indian tribal governments.

SEC. 211. INDIVIDUAL ASSISTANCE FACTORS.

  In order to provide more objective criteria for evaluating the need 
for assistance to individuals and to speed a declaration of a major 
disaster or emergency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 1 
year after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency, in cooperation with 
representatives of State, tribal, and local emergency management 
agencies, shall review, update, and revise through rulemaking the 
factors considered under section 206.48 of title 44, Code of Federal 
Regulations, to measure the severity, magnitude, and impact of a 
disaster.

SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM.

  (a) Pilot Program.--
          (1) In general.--The President, acting through the 
        Administrator of the Federal Emergency Management Agency, and 
        in coordination with States, tribal and local governments, and 
        owners or operators of private non-profit facilities, shall 
        establish and conduct a pilot program to--
                  (A) reduce the costs to the Government of providing 
                assistance to States, tribal and local governments, and 
                owners or operators of private non-profit facilities 
                under section 406 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5172) 
                (referred to in this section as the ``Act'');
                  (B) increase flexibility in the administration of 
                section 406 of such Act; and
                  (C) expedite the provision of assistance to States, 
                tribal, and local governments provided under section 
                406 of the Act.
          (2) Participation.--Only States, tribal and local 
        governments, and owners or operators of private non-profit 
        facilities that elect to participate in the pilot program may 
        participate in the pilot program for their projects.
          (3) Administration.--
                  (A) In general.--For the purposes of the pilot 
                program, the Administrator shall establish new 
                procedures to administer assistance provided under 
                section 406 of the Act.
                  (B) New procedures.--The new procedures established 
                under subparagraph (A) shall include--
                          (i) making grants on the basis of estimates 
                        agreed to by the State, tribal, or local 
                        government, or owner or operator of a private 
                        non-profit facility and the Administrator to 
                        provide financial incentives and disincentives 
                        for the State, tribal, or local government, or 
                        owner or operator of a private non-profit 
                        facility for the timely and cost-effective 
                        completion of projects under section 406 of the 
                        Act;
                          (ii) notwithstanding sections 406(c)(1)(A) 
                        and 406(c)(2)(A) of the Act, providing an 
                        option for a State, tribal, or local 
                        government, or owner or operator of a private 
                        non-profit facility to elect to receive an in-
                        lieu contribution, without reduction, on the 
                        basis of estimates of the cost of repair, 
                        restoration, reconstruction, or replacement of 
                        a public facility owned or controlled by the 
                        State, tribal, or local government and of 
                        management expenses;
                          (iii) consolidating, to the extent determined 
                        appropriate by the Administrator, the 
                        facilities of a State, tribal, or local 
                        government, or owner or operator of a private 
                        nonprofit facility as a single project based 
                        upon the estimates established under the pilot 
                        procedures; and
                          (iv) notwithstanding any other provision of 
                        law, if the actual costs of a project completed 
                        under the pilot procedures are less than the 
                        estimated costs thereof, the Administrator may 
                        permit a grantee or sub grantee to use all or 
                        part of the excess funds for cost-effective 
                        activities that reduce the risk of future 
                        damage, hardship, or suffering from a major 
                        disaster.
          (4) Waiver.--The Administrator may waive such regulations or 
        rules applicable to the provisions of assistance in section 406 
        of the Act as the Administrator determines are necessary to 
        carry out the pilot program under this section.
  (b) Report.--
          (1) In general.--Not later than October 31, 2015, 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 of the 
        Senate a report regarding the effectiveness of the pilot 
        program under this section.
          (2) Contents.--The report submitted under paragraph (1) shall 
        include--
                  (A) an assessment by the Administrator of any 
                administrative or financial benefits of the pilot 
                program;
                  (B) an assessment by the Administrator of the effect, 
                including any savings in time and cost, of the pilot 
                program;
                  (C) any other findings and conclusions of the 
                Administrator with respect to the pilot program; and
                  (D) any recommendations of the Administrator for 
                additional authority to continue or make permanent the 
                pilot program.
  (c) Deadline for Initiation of Implementation.--Not later than 90 
days after the date of enactment of this Act, the Administrator shall 
begin implementation of the pilot program under this section.
  (d) Pilot Program Duration.--The Administrator may not approve a 
project under the pilot program under this section after December 31, 
2014.

SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL PROCEDURES.

  (a) In General.--The President, acting through the Administrator of 
the Federal Emergency Management Agency, shall establish new procedures 
to administer assistance for debris and wreckage removal provided under 
sections 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)(A), 
5173, and 5192(a)(5)).
  (b) New Procedures.--The new procedures established under subsection 
(a) may include--
          (1) making grants on the basis of fixed estimates to provide 
        financial incentives and disincentives for the timely or cost 
        effective completion of projects under sections 403(a)(3)(A), 
        407, and 502(a)(5) of such Act if the State, tribal, or local 
        government, or owner or operator of the private non-profit 
        facility agrees to be responsible to pay for any actual costs 
        that exceed the estimate;
          (2) using a sliding scale for the Federal share for removal 
        of debris and wreckage based on the time it takes to complete 
        debris and wreckage removal;
          (3) allowing utilization of program income from recycled 
        debris without offset to grant amount;
          (4) reimbursing base and overtime wages for employees and 
        extra hires of a State, tribal, or local government, or owner 
        or operator of a private non-profit facility performing or 
        administering debris and wreckage removal; and
          (5) notwithstanding any other provision of law, if the actual 
        costs of projects under subsection (b)(1) are less than the 
        estimated costs thereof, the Administrator may permit a grantee 
        or sub grantee to use all or part of the excess funds for any 
        of the following purposes:
                  (A) Debris management planning.
                  (B) Acquisition of debris management equipment for 
                current or future use.
                  (C) Other activities to improve future debris removal 
                operations, as determined by the Administrator.

SEC. 214. USE OF FUNDS.

  Unless otherwise specified in this Act, the Administrator of the 
Federal Emergency Management Agency shall use amounts authorized 
pursuant to section 699 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 811) for reviews, reports, and studies included 
in this Act.

SEC. 215. REDUCTION OF AUTHORIZATION FOR EMERGENCY MANAGEMENT 
                    PERFORMANCE GRANTS.

  Section 662(f)(5) of the Post-Katrina Emergency Management Reform Act 
of 2006 (6 U.S.C. 762) is amended by striking ``$950,000,000'' and 
inserting ``$946,600,000''.

SEC. 216. TECHNICAL CORRECTION.

  Section 202(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5132(c)) is amended by striking 
``section 611(c)'' and inserting ``section 611(d)''.

SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT REAUTHORIZATION.

  (a) Short Title.--This section may be cited as the ``Dam Safety Act 
of 2012''.
  (b) Purpose.--The purpose of this section is to reduce the risks to 
life and property from dam failure in the United States through the 
reauthorization of an effective national dam safety program that brings 
together the expertise and resources of Federal and non-Federal 
communities in achieving national dam safety hazard reduction.
  (c) Amendments to the National Dam Safety Program Act.--
          (1) Administrator.--
                  (A) In general.--The National Dam Safety Program Act 
                (33 U.S.C. 467 et seq.) is amended by striking 
                ``Director'' each place it appears and inserting 
                ``Administrator''.
                  (B) Conforming amendment.--Section 2(3) of such Act 
                (33 U.S.C. 467(3)) is amended in the paragraph heading 
                by striking ``Director'' and inserting 
                ``Administrator''.
          (2) Inspection of dams.--Section 3(b)(1) of such Act (33 
        U.S.C. 467a(b)(1)) is amended by striking ``or maintenance'' 
        and inserting ``maintenance, condition, or provision for 
        emergency operations''.
          (3) National dam safety program.--
                  (A) Objectives.--Section 8(c)(4) of such Act (33 
                U.S.C. 467f(c)(4)) is amended to read as follows:
          ``(4) develop and implement a comprehensive dam safety hazard 
        education and public awareness program to assist the public in 
        mitigating against, preparing for, responding to, and 
        recovering from dam incidents;''.
                  (B) Board.--Section 8(f)(4) of such Act (33 U.S.C. 
                467f(f)(4)) is amended by inserting ``, representatives 
                from nongovernmental organizations,'' after ``State 
                agencies''.
          (4) Authorization of appropriations.--
                  (A) National dam safety program.--
                          (i) Annual amounts.--Section 13(a)(1) of such 
                        Act (33 U.S.C. 467j(a)(1)) is amended by 
                        striking ``$6,500,000 for fiscal year 2007, 
                        $7,100,000 for fiscal year 2008, $7,600,000 for 
                        fiscal year 2009, $8,300,000 for fiscal year 
                        2010, and $9,200,000 for fiscal year 2011'' and 
                        inserting ``$8,024,000 for each of fiscal years 
                        2012 through 2015''.
                          (ii) Maximum amount of allocation.--
                                  (I) In general.--Section 13(a)(2)(B) 
                                of such Act (33 U.S.C. 467j(a)(2)(B)) 
                                is amended by striking ``50 percent of 
                                the reasonable cost of implementing the 
                                State dam safety program'' and 
                                inserting ``the amount of funds 
                                committed by the State to implement dam 
                                safety program activities''.
                                  (II) Applicability.--The amendment 
                                made by subclause (I) shall apply to 
                                fiscal year 2013 and each fiscal year 
                                thereafter.
                  (B) National dam inventory.--Section 13(b) of such 
                Act (33 U.S.C. 467j(b)) is amended by striking 
                ``$650,000 for fiscal year 2007, $700,000 for fiscal 
                year 2008, $750,000 for fiscal year 2009, $800,000 for 
                fiscal year 2010, and $850,000 for fiscal year 2011'' 
                and inserting ``$383,000 for each of fiscal years 2012 
                through 2015''.
                  (C) Research.--Section 13(c) of such Act (33 U.S.C. 
                467j(c)) is amended by striking ``$1,600,000 for fiscal 
                year 2007, $1,700,000 for fiscal year 2008, $1,800,000 
                for fiscal year 2009, $1,900,000 for fiscal year 2010, 
                and $2,000,000 for fiscal year 2011'' and inserting 
                ``$1,000,000 for each of fiscal years 2012 through 
                2015''.
                  (D) Dam safety training.--Section 13(d) of such Act 
                (33 U.S.C. 467j(d)) is amended by striking ``$550,000 
                for fiscal year 2007, $600,000 for fiscal year 2008, 
                $650,000 for fiscal year 2009, $700,000 for fiscal year 
                2010, and $750,000 for fiscal year 2011'' and inserting 
                ``$750,000 for each of fiscal years 2012 through 
                2015''.
                  (E) Staff.--Section 13(e) of such Act (33 U.S.C. 
                467j(e)) is amended by striking ``$700,000 for fiscal 
                year 2007, $800,000 for fiscal year 2008, $900,000 for 
                fiscal year 2009, $1,000,000 for fiscal year 2010, and 
                $1,100,000 for fiscal year 2011'' and inserting 
                ``$436,000 for each of fiscal years 2012 through 
                2015''.

                         Purpose of Legislation

    The purpose of H.R. 2903 is to reauthorize activities and 
programs of the Federal Emergency Management Agency (FEMA) and 
reform and streamline certain activities and programs of FEMA.

                  Background and Need for Legislation

    H.R. 2903 was introduced by Subcommittee on Economic 
Development, Public Buildings, and Emergency Management 
Chairman Jeff Denham on September 13, 2011 to reauthorize FEMA, 
the Urban Search and Rescue (USAR) system and the Emergency 
Management Assistance Compact Grants (EMAC) at current year 
levels. Amendments were adopted in committee that included the 
reauthorization of the National Dam Safety Program and various 
reforms intended to reduce costs and streamline FEMA assistance 
programs.

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 
1960s and 1970s 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 constituted the statutory authority for most 
federal disaster response activities especially of FEMA and 
this Act was later amended by the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act in 1988. Following more 
than two decades as an independent agency, the Homeland 
Security Act of 2002 (P.L. 107-296), 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.
    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.
    Following the issuance of this report, Congress enacted the 
Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) 
(P.L. 109-295), which put FEMA back together again within DHS. 
PKEMRA, authorized, among other things, FEMA for the first time 
in legislation.
    In addition to the overall reauthorization of FEMA's 
salaries and expenses, H.R. 2903 also reauthorizes other 
programs important to disaster preparedness and response, 
including the Urban Search and Rescue system, the Emergency 
Management Assistance Compact grants, and the National Dam 
Safety Program.
            Urban Search and Rescue (USAR) System
    Currently, there are 28 FEMA USAR Task Forces spread 
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, and serve as a national resource for disaster response. 
The task force is a partnership between state fire departments, 
law enforcement agencies, federal and local governmental 
agencies 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 recovery operations.
            Emergency Management Assistance Compacts (EMAC)
    EMAC is an interstate compact 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 regards to liability and 
reimbursement.
            National Dam Safety Program
    The National Dam Safety Program (NDSP) was originally 
created as part of the Water Resources and Development Act of 
1996. The program, led by FEMA, is a partnership with other 
federal agencies, states, and other stakeholders and provides 
assistance in training, dam assessments, and research. In 
addition NDSP funds an inventory, which is administered by the 
U.S. Army Corps of Engineers.

FEMA Reforms

    H.R. 2903 as reported by the committee includes a number of 
reforms intended to eliminate waste, reduce costs, and 
streamline FEMA assistance.
            Integrated Public Alert and Warning System (IPAWS)
    In the 111th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management 
conducted an investigation of the development of IPAWS and the 
Government Accountability Office (GAO) 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. The result of these problems was a waste 
of taxpayer dollars. Without a clear vision and strategic plan, 
funds were spent on misguided projects. For example, the GAO 
found examples of pilot programs funded by FEMA that ``have 
ended inconclusively, with few documented lessons learned.''\2\ 
In addition, the committee found that FEMA failed to consult 
with key stakeholders, such as states, locals, broadcasters and 
the wireless industry to ensure IPAWS is developed in such a 
way that would be compatible with existing technologies and be 
usable by the primary users of the system.
---------------------------------------------------------------------------
    \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\Id. at p. 18.
---------------------------------------------------------------------------
    In September of 2011, H.R. 2904, the Integrated Public 
Alert and Warning System Modernization Act was introduced by 
Representative Jeff Denham. Similar legislation had been 
introduced in the 110th and 111th Congresses. H.R. 2903 as 
reported by the committee includes the provisions of that Act. 
The legislation is 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 P.L. 109-347, the 
Security and Accountability for Every Port Act of 2006 (The 
SAFE Port Act), required the establishment of a Commercial 
Mobile Service Alert Advisory Committee (CMSAAC) by the Federal 
Communications Commission (FCC). 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 the 
course of the committee investigation, the framework 
established by the WARN Act ensured input by the relevant 
industries maximizing buy-in by the private sector and helping 
to facilitate decision-making by establishing timetables. The 
provisions in H.R. 2903 are intended to establish a similar 
framework to the development of IPAWS.
                Emergency Alert System
    Currently, the United States issues emergency warnings 
through the Emergency Alert System (EAS)--the successor to the 
Emergency Broadcast System (EBS)--which relays messages through 
broadcast and other media. EAS allows the president and 
authorized officials to transmit emergency messages to the 
public via television (TV) and radio through a hierarchical 
distribution system dating back to the 1960s. FEMA is 
responsible for administering EAS at the national level and 
distributing presidential alerts to national primary stations, 
known as Primary Entry Point (PEP) stations. PEP stations are 
stations that have been hardened to protect them from 
disasters, including backup generators and fuel onsite. 
Broadcasts of the national level alerts are relayed by the PEP 
stations across the country to radio and TV stations that 
rebroadcast the message to other stations and cable systems. 
The retransmission of alerts from one EAS participant to 
another is commonly referred to as a ``daisy chain'' 
distribution system. The GAO raised serious questions about the 
reliability of this system.
                Integrated Public Alert and Warning System
    On June 26, 2006, former President Bush issued Executive 
Order 13407, stating the U.S. policy is ``to have an effective, 
reliable, integrated, flexible and comprehensive system to 
alert and warn the American people.'' The former President 
issued a list of functional requirements for the Secretary of 
Homeland Security. The requirements were based on 
recommendations of experts in the field and included: 
evaluating and assessing existing resources at all levels of 
government; adopting common alerting protocols, standards 
terminology, and other procedures to enable interoperability; 
delivering alerts on criteria such as location and risk; 
accommodating disabilities and language needs; supporting 
necessary communication facilities; conducting training, 
testing, and exercises; ensuring public education about 
emergency warnings; coordinating and cooperating with the 
private sector and government at all levels; administering the 
existing EAS as a component of a broader system; and ensuring 
that the president can alert and warn the American people.
    Executive Order 13407 directed FEMA to meet this challenge 
``to ensure an orderly and effective transition'' from current 
capabilities to the system described in the executive order and 
to report on the implementation of the system within 90 days 
after the order, and on at least a yearly basis thereafter. 
FEMA's IPAWS program was initiated in 2004, and has become the 
programmatic mechanism to carry out this executive order.
    IPAWS aims to be the nation's next generation public 
communications and warning capability. As previously mentioned, 
the current EAS is based on generally outdated technology that 
mostly relies on radio and TV to transmit audio-only alerts. 
Today, the public uses many different technologies to receive 
information and is increasingly less reliant on TV and radio. 
In addition, digital technology has significantly more 
capabilities than the old analog signal, providing for the 
opportunity to integrate into the system methods for alerting 
those with disabilities and limited English proficiency.

Streamlining and improving FEMA's processes

    H.R. 2903 also incorporates a number of key reforms that 
the committee believes will reduce costs, cut through 
unnecessary red-tape and help communities recover faster 
following disasters. These reforms include setting deadlines on 
FEMA's implementation of requirements to use cost-estimates in 
determining Public Assistance under section 406 of the Stafford 
Act and issuing criteria to implement provisions that allow 
states to administer hazard mitigation grants; streamlining the 
process for transfer of unneeded and costly-to-maintain 
temporary housing units to states for use by disaster victims. 
The legislation also makes permanent the debris removal pilot 
program ensuring expedited debris removal in a cost-effective 
way.
    The legislation also will create a pilot program requiring 
FEMA to test innovative approaches for streamlining and 
expediting Public Assistance projects and to evaluate their 
impact on cost reduction and recovery.

                                Hearings

    The committee, including the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management, held 
18 hearings on subjects related to matters contained in H.R. 
2903 during the 111th and 112th congresses. In particular, the 
committee held the following hearings:
    ``Post-Katrina Disaster Response and Recovery: Evaluating 
FEMA's Continuing Efforts in the Gulf Coast and Response to 
Recent Disasters'' held on February 25, 2009. The purpose of 
this hearing was to examine the status of recovery efforts 
following Hurricane Katrina in the Gulf Coast and FEMA's 
overall disaster recovery programs particularly as they related 
to housing and rebuilding of public infrastructure.
    ``Disaster Capacity in the National Capital Region: 
Experiences, Capabilities, and Weaknesses'' held on April 3, 
2009. The purpose of this hearing was to examine the disaster 
preparedness and response capacity in the National Capital 
Region.
    ``FEMA: Preparedness for the 2009 Hurricane Season'' held 
on May 1, 2009. This field hearing held in Miami, Florida 
focused on disaster preparedness and response in anticipation 
of the 2009 hurricane season.
    Full Committee hearing on ``An Independent FEMA: Restoring 
the Nation's Capabilities for Effective Emergency Management 
and Disaster Response'' held on May 14, 2009. The purpose of 
this hearing was to examine FEMA and how it has functioned 
since its placement within the Department of Homeland Security.
    ``Still Post-Katrina: How FEMA Decides When Housing 
Responsibilities End'' held on May 22, 2009. This hearing 
focused on the status of housing assistance to individuals and 
families in the aftermath of Hurricane Katrina.
    ``Post-Katrina: What it Takes to Cut the Bureaucracy and 
Assure a More Rapid Response after a Catastrophic Disaster'' 
held on July 27, 2009. The purpose of this hearing was to 
examine how to define a catastrophic disaster, the role of the 
federal government following a catastrophic disaster, and 
whether additional authority is needed to effectively respond 
to and recover from a catastrophic disaster.
    ``Final Breakthrough on the Billion Dollar Katrina 
Infrastructure Logjam: How is it Working?'' held on September 
29, 2009. This hearing focused on the statutes of the 
rebuilding of infrastructure overall disaster recovery programs 
being provided through the Public Assistance programs of FEMA.
    ``This Is NOT a Test: Will the Nation's Emergency Alert 
System Deliver the President's Message to the Public?'' held on 
September 30, 2009. The purpose of this hearing was to examine 
the status of efforts within the federal government, 
specifically, FEMA to modernize, expand and integrate existing 
emergency alert warning systems through the Integrated Public 
Alert and Warning Systems. The committee also received a report 
from the Government Accountability Office detailing its 
assessment of the nation's emergency alert system.
    ``Looking Out for the Very Young, the Elderly and Others 
with Special Needs: Lessons from Katrina and other Major 
Disasters'' held on October 20, 2009. The purpose of this 
hearing was to examine plans and procedures in place that would 
provide aid to children, the disabled, and others with special 
needs in the event of disaster and to receive testimony on two 
congressionally mandated reports on children and people with 
disabilities.
    ``FEMA's Urban Search and Rescue Program in Haiti: How to 
Apply Lessons Learned at Home'' held on February 3, 2010. The 
purpose of this hearing was to examine the National Urban 
Search and Rescue System of FEMA and the lessons learned from 
deployments to Haiti following the earthquake.
    ``U.S. Mayors Speak Out: Addressing Disasters in Cities'' 
held on March 4, 2010. The purpose of this hearing was to 
review and receive testimony on a report released by the United 
States Conference of Mayors regarding proposals on changes to 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act as well as related programs, policies, and regulations.
    ``Snow Disasters for Local, State, and Federal Governments 
in the National Capital Region: Response and Recovery 
Partnerships with FEMA'' held on March 23, 2010. The purpose of 
the hearing was to review the status of recovery efforts from 
that winter's storms in the National Capital Region and the 
lessons to be learned from those storms that would apply to 
future disasters regardless of cause.
    ``Priorities for Disasters and Economic Disruption: The 
Proposed Fiscal Year 2011 Budgets for the Federal Emergency 
Management Agency and the Economic Development Administration'' 
held on May 6, 2010. The purpose of this hearing was to receive 
testimony regarding the FEMA Fiscal Year (FY) 2011 Budget, and 
the Economic Development Administration (EDA) FY 2011 Budget 
and to review how their budget priorities deal with natural 
disasters, man-made disasters, and economic disruption.
    ``Five Years after Katrina: Where We Are and What We Have 
Learned for Future Disasters'' held on September 22, 2010. The 
purpose of the hearing was to receive testimony on the status 
of recovery efforts from Hurricanes Katrina and Rita. The 
hearing focused on the status of an arbitration program created 
for Public Assistance projects for Hurricanes Katrina and Rita 
as well as other programs created by legislation and 
administratively to facilitate the Public Assistance program 
for Hurricanes Katrina and Rita.
    ``Improving the Nation's Response to Catastrophic 
Disasters: How to Minimize Costs and Streamline our Emergency 
Management Programs'' held on March 30, 2011. The purpose of 
the hearing was to examine preparedness and response as it 
related to catastrophic disasters in the wake of the earthquake 
in Japan and how costs could be minimized and the process 
streamlined.
    ``FEMA Reauthorization and Cutting the Red Tape in 
Recovery'' held on July 14, 2011. The purpose of the hearing 
was to examine the issues of communities recovering from a 
disaster in the context of FEMA reauthorization.
    ``Streamlining Emergency Management: Improving 
Preparedness, Response, and Cutting Costs'' held on October 13, 
2011. The purpose of the hearing was to examine how the 
emergency management system and programs can be streamlined to 
reduce costs and improve preparedness and response.
    ``The Effectiveness of our Nation's Public Alert System'' 
held on December 13, 2011. The purpose of the hearing was to 
examine the development of FEMA's Integrated Public Alert and 
Warning System (IPAWS) and receive testimony regarding the 
recent test of the nation's Emergency Alert System (EAS).

                 Legislative History and Consideration

    On September 13, 2011, Representative Jeff Denham 
introduced H.R. 2903, a bill to reauthorize the Federal 
Emergency Management Agency and other FEMA programs.
    On March 1, 2012, the Subcommittee on Economic Development, 
Public Buildings and Emergency Management met in open session. 
The subcommittee adopted two amendments by voice vote--a 
substitute amendment offered by Rep. Denham and an amendment 
offered by Rep. Barletta--and ordered the bill forwarded to the 
full committee by voice vote.
    On March 8, 2012, the Committee on Transportation and 
Infrastructure met in open session. The committee accepted by 
unanimous consent the consideration the committee print of H.R. 
2903, which reflected the amendments adopted by the 
subcommittee, as original text for the purposes of amendment. 
Five amendments were offered to the committee print of H.R. 
2903. The committee adopted four amendments by voice vote 
offered respectively by Rep. Hanna, Rep. Rahall, Rep. Carnahan, 
and Rep. Richardson. An amendment offered by Rep. Crawford was 
withdrawn. H.R. 2903 was ordered reported as amended to the 
House by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each recorded 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. During 
consideration of H.R. 2903 no recorded votes were taken. All 
amendments were adopted by voice vote. The bill, as amended, 
was reported favorably to the House of Representatives by voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Transportation and 
Infrastructure's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974, included below.

               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. 2903 from the 
Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 6, 2012.
Hon. John L. Mica,
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. 2903, the FEMA 
Reauthorization Act of 2012.
    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,
                                                          Director.
    Enclosure.

H.R. 2903--FEMA Reauthorization Act of 2012

    Summary: H.R. 2903 would authorize appropriations totaling 
about $2.2 billion over the next two years for the Federal 
Emergency Management Agency (FEMA). The legislation would 
authorize about $2.1 billion for salaries and expenses of the 
agency, including $37 million to modernize the Integrated 
Public Alert and Warning System (IPAWS); $71 million for the 
Urban Search and Rescue (US&R) Response System; $32 million for 
dam safety activities; and $4 million for emergency management 
assistance compact grants. Based on historical expenditure 
patterns, CBO estimates that implementing the legislation would 
cost $2.1 billion over the 2013-2017 period, assuming 
appropriation of the specified amounts.
    Enacting this legislation would affect direct spending; 
therefore, pay-as-you-go procedures apply. However, CBO 
estimates that the net effects would probably be zero or 
insignificant for each year. Enacting H.R. 2903 would not 
affect revenues.
    H.R. 2903 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 ($73 million and $146 million, respectively, in 2012, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2903 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--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FEMA Salaries and Expenses:
    Authorization Level.................................    1,031    1,031        0        0        0     2,063
    Estimated Outlays...................................      666      924      354       98        0     2,042
Urban Search and Rescue Response System:
    Authorization Level.................................       35       35        0        0        0        71
    Estimated Outlays...................................       25       35       10        0        0        70
EMAC Grants:
    Authorization Level.................................        2        2        0        0        0         4
    Estimated Outlays...................................        2        2        0        0        0         4
National Dam Safety Program:
    Authorization Level.................................       11       11       11        0        0        32
    Estimated Outlays...................................        7       10       10        4        1        32
    Total Changes:
        Authorization Level.............................    1,079    1,079       11        0        0     2,170
        Estimated Outlays...............................      700      971      374      102        1    2,148
----------------------------------------------------------------------------------------------------------------
Notes: FEMA = Federal Emergency Management Agency; EMAC = Emergency Management Assistance Compact. Components
  may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2012 and that 
amounts specified will be appropriated for each year.

Spending subject to appropriation

    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 2012, the Congress provided $946 million 
(including transfers, but excluding amounts for the Urban 
Search and Rescue Response System, authorized separately in 
this bill) for salaries and expenses of the agency (see Public 
Law 112-74).
    Title I of H.R. 2903 would authorize the appropriation of 
$1,031 million for each of fiscal years 2013 and 2014 to 
administer FEMA programs about $85 million more than the amount 
provided for fiscal year 2012. Of those funds, up to $13 
million per year would be used to modernize 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 2012.
    Based on historical expenditure rates, CBO estimates that 
implementing this provision would cost about $2 billion over 
the next five years, assuming appropriation of the specified 
amounts for 2013 and 2014.
    Urban Search and Rescue Response System. Section 201 would 
authorize the appropriation of $35 million in each of fiscal 
years 2013 and 2014 for US&R. This amount is $6 million below 
the level provided in 2012 (see Public Law 112-74). 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 $70 million over 
the next five years, assuming appropriation of the specified 
amounts.
    Emergency Management Assistance Compact (EMAC) Grants. 
Section 202 would authorize the appropriation of $4 million 
over the 2013-2014 period for grants to administer and 
coordinate activities under EMAC. 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. CBO estimates that providing grants to 
NEMA and EMAC participants would cost $4 million over the 2013-
2017 period, assuming appropriation of the specified amounts.
    National Dam Safety Program. Section 217 would authorize 
the appropriation of about $11 million a year over the 2013-
2015 period for activities of FEMA related to dam safety. Funds 
authorized by the bill would be used for: operating an 
Interagency Committee on Dam Safety and a Dam Safety Review 
Board, assisting state safety programs, maintaining a dam 
inventory, conducting research, and providing training for 
state safety staff and inspectors. Based on historical spending 
patterns, CBO estimates that implementing this section would 
cost $32 million over the next five years.
    Other Changes. The legislation would make a number of other 
changes, which CBO estimates would not have a significant net 
impact on discretionary spending.
    Transfer of Excess Materials, Supplies, and Equipment. 
Section 203 would authorize FEMA to transfer excess materials, 
supplies, and equipment directly to states, local governments, 
and disaster relief organizations for the purpose of assisting 
victims of disasters. Under current law, most excess property 
must first be offered for transfer to other federal agencies 
prior to being available for donation. In some cases, the 
General Services Administration (GSA) might require receiving 
entities to reimburse the holding agency (in this case, FEMA) 
for transferred property. If reimbursements to FEMA decline or 
if other federal agencies purchase property similar to that 
donated under this provision, discretionary spending may 
increase. However, based on the historical disposition of FEMA 
property, CBO estimates that any discretionary costs would be 
insignificant over the next five years.
    Disposal of Temporary Housing Units. Section 204 would 
direct FEMA to develop a plan to dispose of temporary housing 
units (for example, mobile homes and travel trailers) that are 
determined to be in excess of the amount needed to maintain an 
appropriate disaster response. Excess units could be donated to 
states for disaster relief purposes, instead of first being 
offered for sale to current occupants under current law. In 
most recent cases, proceeds from sales have been deposited into 
the Disaster Relief Fund or retained by GSA to cover the costs 
of sales. (GSA disposes of excess property for many federal 
agencies, including FEMA.) If implementing this provision would 
cause proceeds from sales to decrease, FEMA or GSA may request 
appropriations in the future to cover the difference, resulting 
in additional discretionary spending. However, based on 
information from FEMA, CBO estimates that implementing this 
provision would result in no significant cost over the 2013-
2017 period.
    Tribal Requests for Presidential Declaration. Section 210 
would allow the chief executive of a tribal government to 
request a declaration by the President that a major disaster or 
emergency exists. Under current law, only the governor of a 
state may make such a request. Implementing this provision may 
increase discretionary spending in areas where a declaration 
would not otherwise have been made. CBO expects that such 
requests would occur infrequently and estimates that 
implementing this provision would have an insignificant effect 
on discretionary spending over the next five years.

Direct Spending

    Sections 203 and 204 would allow FEMA to transfer or donate 
certain excess property that may have otherwise been sold to 
states, local governments, and disaster relief organizations. 
In some cases, receipts collected from property sales (after 
reimbursing GSA for the costs of sales) are deposited into the 
Treasury as miscellaneous receipts (an offset to direct 
spending). Any decrease in receipts to the Treasury as a result 
of this provision would therefore be considered an increase in 
direct spending. However, based on information from FEMA, CBO 
estimates that any loss in receipts over the next 10 years 
would be minor.
    Pay-As-You-Go considerations: Pay-as-you-go procedures 
apply because the bill would have an insignificant impact on 
direct spending.
    Intergovernmental and private-sector impact: H.R. 2903 
would impose intergovernmental and private-sector mandates, as 
defined in UMRA. CBO estimates that the cost to comply with the 
mandates to state, local, and tribal governments and the 
private sector would fall below the annual thresholds 
established in UMRA for such mandates ($73 million and $146 
million, respectively, in 2012, 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 likely 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; in general, most 
employers currently allow workers to reclaim their positions. 
Thus, CBO estimates that the cost for governmental and private-
sector employers to comply with the mandate would fall below 
the annual thresholds.
    The bill also would benefit state, local, and tribal 
governments by authorizing appropriations for hazard mitigation 
activities; authorizing the sale or transfer of excess 
materials, supplies, and equipment to those governments for use 
in emergencies; and authorizing the reimbursement of 
compensation for certain public employees who are activated as 
part of an urban search and rescue team. Any costs to those 
governments would be incurred voluntarily.
    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 goals and objectives of this legislation are to 
reauthorize the Federal Emergency Management Agency, the Urban 
Search and Rescue System, the Emergency Management Assistance 
Compact, and the National Dam Safety program in addition to 
providing for reforms and reduction of costs in FEMA assistance 
programs.

                          Advisory of Earmarks

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2903 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                       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'' (P.L. 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. 2903 does not 
preempt any state, local, or tribal law.

                           Advisory Statement

    H.R. 2903 establishes an advisory committee for the Urban 
Search and Rescue System within the meaning of section 5(b) of 
the Federal Advisory Committee Act and provides that any costs 
associated with such committee be provided for from the amounts 
authorized in the legislation.

                Applicability to the Legislative Branch

    The committee finds that the legislation 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 (P.L. 104-1).

             Section-by-Section Analysis of the Legislation


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 2014 at 
$1.031 billion each year for Salaries and Expenses (S&E) 
consistent with current funding levels.

Section 102. Integrated Public Alert and Warning System modernization

    This section authorizes the Integrated Public Alert and 
Warning System (IPAWS) at $13.3 million out of the S&E account 
consistent with existing funding levels. This section also 
would establish a clear framework for the development of IPAWS 
and ensure stakeholder input through an advisory committee.
    The intention of this section is to codify the framework 
FEMA should be using to develop IPAWS consistent with Executive 
Order 13407 issued by President Bush. Given the problems 
highlighted by the GAO and the committee, providing clear 
direction on the development of IPAWS is critical to 
eliminating waste and ensuring taxpayer dollars are 
appropriately used in developing an effective alert and warning 
system.
    While the section provides for a report of the IPAWS 
Advisory Committee, the Advisory Committee is intended to 
ensure that the various federal agencies that have a part in 
the governance of the IPAWS are conducting an ongoing dialogue 
with message disseminators. At present, there is no mechanism 
for the system's managers, users, and relay participants to 
meet on a regular basis to address problems and seek 
improvements to the system. Given that, the committee strongly 
urges the Advisory Committee to meet no less than annually.
    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. Currently, some local broadcasters 
translate the alerts into languages other than English based on 
their communities' needs, and are encouraged to continue doing 
so. Nothing in this section shall give FEMA the authority to 
require a television or radio broadcaster, or other 
communications company, 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 broadcaster from the public alert and warning 
system.
    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 Urban Search and Rescue 
system (USAR) at $35.25m for fiscal years 2012 through 2014 
consistent with previous funding levels. This section also 
codifies the 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 a professional liability protection.
    The committee expects that eligible expenditures of federal 
funds to a sponsoring agency should include training and 
exercises with other federal, state, and local government 
authorities. Moreover, such expenditures may include activation 
of a task force for the purpose of a National Special Security 
Event (NSSE) as determined by the administrator.
    This section highlights the eligible expenses under the 
USAR program and the committee intends that storage and the 
cost for transportation assets be deemed as eligible 
expenditures for the acquisition and maintenance of equipment 
necessary to support a task force.
    The committee has ensured the authorization levels in the 
legislation are consistent with actual funding of the program. 
However, the committee recognizes that existing funding may not 
be sufficient to cover all needed costs. The committee is aware 
that annual appropriations for the USAR program have not fully 
compensated sponsoring agencies for the costs to equip, 
maintain and train task force members. With estimates as high 
as $1.7 million annually to sustain each task force, annual 
appropriations should approach $56 million for the 28 existing 
teams. The committee believes these costs should be thoroughly 
evaluated in accessing the appropriate funding levels. 
Prospective sponsoring agencies have also expressed interest in 
joining the Urban Search and Rescue system. Although the 
program does not specify the number of task forces, the history 
of appropriations and the adequacy of existing capabilities 
must be considered when determining whether to expand the 
number of task forces.

Section 202. Reauthorization of Emergency Management Assistance Compact 
        grants

    This section reauthorizes the Emergency Management 
Assistance Compact (EMAC) grants at two million dollars each 
year through fiscal year 2014. Authorization levels are 
consistent with existing funding.

Section 203. Disposal of excess property to assist other disaster 
        survivors

    This section streamlines the process for FEMA to transfer 
excess materials, supplies, or equipment to state and local 
governments, or relief or disaster assistance organization to 
assist disaster survivors in incidents other than declared 
major disasters or emergencies.

Section 204. Storage, sale, transfer, and disposal of housing units

    This section requires FEMA to review the existing inventory 
of temporary housing units (THUs), determine the number of 
excess THUs and streamlines the process for transferring excess 
THUs to states or disposing of such units.
    In the past, FEMA incurred costs of $100 million to $120 
million to store and maintain unneeded trailers and temporary 
housing units. In recent years, FEMA has sold the unused THUs, 
saving taxpayers storage and maintenance costs. In addition to 
the costs, following certain localized disasters it became 
apparent that FEMA lacks a streamlined process to make THUs it 
no longer needs available to states and local communities 
devastated by disasters that may not result in a declaration.
    This provision along with section 205 would streamline the 
process of such transfers--allowing those who find themselves 
homeless from a disaster to have shelter and at the same time 
reducing FEMA's costs to store and maintain units that are no 
longer needed by FEMA.

Section 205. Other methods of disposal

    This section provides for a streamlined process for FEMA to 
sell, transfer or donate THUs to assist disaster victims in 
disasters and incidents caused by a hazard that do not result 
in a declaration.

Section 206. Establishment of criteria relating to administration of 
        hazard mitigation assistance by states

    This section requires FEMA to promulgate criteria, as 
required under statute, within 180 days of enactment, to 
implement provisions in the Stafford Act that would allow 
states to administer the Hazard Mitigation Grant Program.

Section 207. Review of regulations and policies

    This section requires FEMA, within 180 days of enactment, 
to review its regulations and policies related to disaster 
assistance to eliminate regulations that are no longer 
relevant, to harmonize conflicting regulations and to simplify 
and expedite disaster recovery and assistance.
    The section also requires FEMA to revise its regulations 
related to State Hazard Mitigation plans to make its planning 
cycle 5 years, consistent with local planning cycles. The 
committee understands that the lack of consistency between FEMA 
and state planning cycles has resulted in unnecessary confusion 
and burden on the states.

Section 208. Appeals process

    This section shortens FEMA's appeals process from 90 to 60 
days.

Section 209. Implementation of cost estimating

    This section requires FEMA to, within 180 days of enactment 
of the Act, promulgate regulations to implement cost estimating 
provisions in the Stafford Act. These provisions were enacted 
in the Disaster Mitigation Act of 2000 and have not been 
implemented. Testimony received during the Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management hearing on October 13, 2011 indicated that this one 
provision, if implemented, could save significant 
administrative costs by reducing the bureaucracy associated 
with disaster assistance and closing disasters more quickly.

Section 210. Tribal requests for a major disaster or emergency 
        declaration under Stafford Act

    This section provides for federally-recognized tribes to 
request a disaster declaration when the state in which they 
reside fails to do so.

Section 211. Individual assistance factors

    This section requires FEMA, within 1 year of enactment, to 
review, update and revise the factors considered in regulation 
related to Individual Assistance.

Section 212. Public assistance pilot program

    This section establishes a public assistance pilot program 
directing FEMA to develop a pilot program that would reduce 
costs and expedite assistance through the use of cost estimates 
and consolidating projects. This section limits the pilot by 
terminating it in 2014 and requires FEMA to report to Congress 
on its assessment of the pilot program in 2015.
    The intention behind this pilot program is to test 
approaches that would reduce administrative costs and expedite 
the recovery process following a major disaster. Currently, 
costs increase the longer it takes a community to rebuild due 
both to the cost of reconstruction as well as the 
administrative costs associated with staffing a disaster and 
managing the detailed and confusing ``project worksheet'' 
process. The pilot program would direct FEMA to use cost-
estimating, consolidation of projects, and incentives to 
streamline the Public Assistance process and speed up recovery. 
The committee expects FEMA to fully use the authorities 
provided and to report on costs and savings, including savings 
associated with any administrative costs. The committee expects 
FEMA to pilot multiple approaches including insurance payment 
and settlement models that should greatly reduce or eliminate 
the current project worksheet process. The committee reminds 
FEMA there is no statutory requirement for the current project 
worksheet grant reimbursement approach or a requirement for it 
to be operated as a reimbursement grant program at all.

Section 213. Public assistance debris removal procedures

    This section streamlines and makes permanent FEMA's Debris 
Removal pilot program to provide for assistance based on 
estimates.
    Very often the first step following a disaster is removing 
debris. Debris removal must occur before communities can 
rebuild. The traditional method by which FEMA removed debris 
was fraught with red-tape, slowed the process and was 
susceptible to fraud and high costs. In 2006, as part of Public 
Law 109-295, Congress enacted legislation to direct FEMA to 
conduct a pilot program for public assistance and debris 
removal. Since that time, FEMA implemented a pilot program that 
reduced unit costs through predisaster contracts, demonstrated 
more flexibility and incorporated incentives to expedite debris 
removal. As a result, the committee believes making permanent 
this pilot program is critical to reducing costs and 
streamlining the debris removal process following a disaster. 
The committee also believes FEMA should develop and pilot cost 
estimating approaches for debris removal to determine if the 
program can be improved further.

Section 214. Use of funds

    This section makes clear any costs associated with reports, 
reviews, or studies required in the Act are authorized out of 
FEMA's S&E authorization. This provision clarifies FEMA must 
use existing funding to pay for any costs associated with 
reports, reviews or studies.

Section 215. Reduction of authorization for Emergency Management 
        Performance Grants

    This section reduces the authorization for the Emergency 
Management Performance Grants (EMPG) by $3.4 million in fiscal 
year 2012 to offset a corresponding increase in the 
authorization for the National Dam Safety Program reauthorized 
in section 217.

Section 216. Technical correction

    This section corrects a technical error in the Stafford 
Act.

Section 217. National Dam Safety Program Act reauthorization

    This section reauthorizes the National Dam Safety Program 
through Fiscal Year 2015 at levels consistent with existing 
spending except that an increase has been provided for which is 
offset by the reduction pursuant to section 215.

         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

                TITLE VI--NATIONAL EMERGENCY MANAGEMENT

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Post-Katrina Emergency 
Management Reform Act of 2006''.

           *       *       *       *       *       *       *


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.]

SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program--
          (1) * * *

           *       *       *       *       *       *       *

          (5) for fiscal year 2012, [$950,000,000] 
        $946,600,000.

           *       *       *       *       *       *       *


              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 of the Agency--
          [(1) for fiscal year 2008, an amount equal to the 
        amount appropriated for fiscal year 2007 for 
        administration and operations 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.]

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 salaries 
and expenses of the Agency--
          (1) for fiscal year 2012, $1,031,378,000, including 
        amounts transferred from grant programs;
          (2) for fiscal year 2013, $1,031,378,000, including 
        amounts transferred from grant programs; and
          (3) for fiscal year 2014, $1,031,378,000, including 
        amounts transferred from grant programs.

           *       *       *       *       *       *       *

                              ----------                              


ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

           *       *       *       *       *       *       *


TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 102. As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Indian tribal government.--The term ``Indian 
        tribal government'' means the governing body of any 
        Indian or Alaska Native tribe, band, nation, pueblo, 
        village, or community that the Secretary of the 
        Interior acknowledges to exist as an Indian tribe under 
        the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a et seq.).
          [(6)] (7) Individual with a disability.--The term 
        ``individual with a disability'' means an individual 
        with a disability as defined in section 3(2) of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102(2)).
          [(7)] (8) Local government.--The term ``local 
        government'' means--
                  (A) * * *
                  (B) an Indian tribe or authorized tribal 
                organization, or Alaska Native village or 
                organization[; and], that is not an Indian 
                tribal government as defined in paragraph (6); 
                and

           *       *       *       *       *       *       *

          [(8)] (9) ``Federal agency'' means any department, 
        independent establishment, Government corporation, or 
        other agency of the executive branch of the Federal 
        Government, including the United States Postal Service, 
        but shall not include the American National Red Cross.
          [(9)] (10) Public facility.--``Public facility'' 
        means the following facilities owned by a State or 
        local government:
                  (A) * * *

           *       *       *       *       *       *       *

          [(10)] (11) Private nonprofit facility.--
                  (A) * * *

           *       *       *       *       *       *       *

          (12) Chief executive.--The term ``Chief Executive'' 
        means the person who is recognized by the Secretary of 
        the Interior as the chief elected administrative 
        officer of an Indian tribal government.

SEC. 103. REFERENCES.

  Except as otherwise specifically provided, any reference in 
this Act to ``State and local'', ``State or local'', or 
``State, local'' with respect to governments or officials and 
any reference to a ``local government'' in section 417 is 
deemed to refer also to Indian tribal governments and 
officials, as appropriate.

TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


                           DISASTER WARNINGS

  Sec. 202. (a) * * *

           *       *       *       *       *       *       *

  (c) The President is authorized to utilize or to make 
available to Federal, State, and local agencies the facilities 
of the civil defense communications system established and 
maintained pursuant to [section 611(c)] section 611(d) of this 
Act or any other Federal communications system for the purpose 
of providing warning to governmental authorities and the 
civilian population in areas endangered by disasters.

           *       *       *       *       *       *       *


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) Non-employee system member.--The term ``non-
        employee 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, 1 or more participating agencies. The 
                sponsoring agency shall enter into an agreement 
                with each participating agency of the task 
                force 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 of the task force. 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 non-
                employee 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 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 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 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 3 sponsoring agencies;
                  (B) the senior emergency manager from at 
                least 2 States that include sponsoring 
                agencies; and
                  (C) at least 1 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 $35,250,000 for each of fiscal years 
        2012, 2013, and 2014.
          (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.

SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, AND EQUIPMENT.

  (a) In General.--Notwithstanding any other provision of law, 
if the President determines that materials, supplies, or 
equipment acquired by the President pursuant to title IV or V 
for response or recovery efforts in connection with a major 
disaster or emergency are in excess of the amount needed for 
those efforts, the President may transfer the excess materials, 
supplies, or equipment directly to a State, local government, 
or relief or disaster assistance organization for the purpose 
of--
          (1) assisting disaster survivors in other major 
        disasters and emergencies; and
          (2) assisting survivors in incidents caused by a 
        hazard that do not result in a declaration of a major 
        disaster or emergency if the Governor of the affected 
        State certifies that--
                  (A) there is an urgent need for the 
                materials, supplies, or equipment; and
                  (B) the State is unable to provide the 
                materials, supplies, or equipment in a timely 
                manner.
  (b) Hazard Defined.--In this section, the term ``hazard'' has 
the meaning given that term by section 602.

              TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

SEC. 401. PROCEDURE FOR DECLARATION.

  [All requests for a declaration] (a) In General.--All 
requests for a declaration by the President that a major 
disaster exists shall be made by the Governor of the affected 
State. Such a request shall be based on a finding that the 
disaster is of such severity and magnitude that effective 
response is beyond the capabilities of the State and the 
affected local governments and that Federal assistance is 
necessary. As part of such request, and as a prerequisite to 
major disaster assistance under this Act, the Governor shall 
take appropriate response action under State law and direct 
execution of the State's emergency plan. The Governor shall 
furnish information on the nature and amount of State and local 
resources which have been or will be committed to alleviating 
the results of the disaster, and shall certify that, for the 
current disaster, State and local government obligations and 
expenditures (of which State commitments must be a significant 
proportion) will comply with all applicable cost-sharing 
requirements of this Act. Based on the request of a Governor 
under this section, the President may declare under this Act 
that a major disaster or emergency exists.
  (b) Indian Tribal Government Requests.--
          (1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a 
        declaration by the President that a major disaster 
        exists consistent with the requirements of subsection 
        (a).
          (2) References.--In implementing assistance 
        authorized by the President under this Act in response 
        to a request of the Chief Executive of an affected 
        Indian tribal government for a major disaster 
        declaration, any reference in this title or section 319 
        to a State or the Governor of a State is deemed to 
        refer to an affected Indian tribal government or the 
        Chief Executive of an affected Indian tribal 
        government, as appropriate.
          (3) Savings provision.--Nothing in this subsection 
        shall prohibit an Indian tribal government from 
        receiving assistance under this title through a 
        declaration made by the President at the request of a 
        State under subsection (a) if the President does not 
        make a declaration under this subsection for the same 
        incident.
  (c) Cost Share Adjustments for Indian Tribal Governments.--
          (1) In general.--In providing assistance to an Indian 
        tribal government under this title, the President may 
        waive or adjust any payment of a non-Federal 
        contribution with respect to the assistance if--
                  (A) the President has the authority to waive 
                or adjust the payment under another provision 
                of this title; and
                  (B) the President determines that the waiver 
                or adjustment is necessary and appropriate.
          (2) Criteria for making determinations.--The 
        President shall establish criteria for making 
        determinations under paragraph (1)(B).

           *       *       *       *       *       *       *


SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Terms and Conditions Relating to Housing Assistance.--
          (1) * * *
          (2) Disposal of units.--
                  (A) * * *
                  (B) Other methods of disposal.--If not 
                disposed of under subparagraph (A), a temporary 
                housing unit purchased under this section by 
                the President for the purpose of housing 
                disaster victims--
                          (i) may be sold to any person; [or]
                          (ii) may be sold, transferred, 
                        donated, or otherwise made available 
                        directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of 
                        providing temporary housing to disaster 
                        victims in major disasters and 
                        emergencies if, as a condition of the 
                        sale, transfer, or donation, the State, 
                        other governmental agency, or voluntary 
                        organization agrees--
                                  (I) * * *
                                  (II) to obtain and maintain 
                                hazard and flood insurance on 
                                the housing unit[.]; or
                          (iii) may be sold, transferred, or 
                        donated directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of 
                        providing temporary housing to disaster 
                        victims in disasters and incidents 
                        caused by a hazard (as such term is 
                        defined in section 602) that do not 
                        result in a declaration of a major 
                        disaster or emergency if, as a 
                        condition of the sale, transfer, or 
                        donation, the State, other governmental 
                        agency, or voluntary organization 
                        agrees--
                                  (I) to comply with the 
                                nondiscrimination provisions of 
                                section 308; and
                                  (II) to obtain and maintain 
                                hazard and flood insurance for 
                                the housing units.

           *       *       *       *       *       *       *


SEC. 423. APPEALS OF ASSISTANCE DECISIONS.

  (a) * * *
  [(b) Period for Decision.--A decision regarding an appeal 
under subsection (a) shall be rendered within 90 days after the 
date on which the Federal official designated to administer 
such appeals receives notice of such appeal.]
  (b) Period for Decision.--
          (1) In general.--A decision regarding an appeal under 
        subsection (a) shall be rendered within 60 days after 
        the date on which the Federal official designated to 
        administer such appeal receives notice of such appeal.
          (2) Failure to satisfy deadline.--If the Federal 
        official fails to satisfy the requirement under 
        paragraph (1), the Federal official shall provide a 
        written explanation of such failure to the applicant. 
        The President, acting through the Administrator of the 
        Federal Emergency Management Agency, shall transmit 
        quarterly to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate a report on such failures.

           *       *       *       *       *       *       *


                 TITLE V--EMERGENCY ASSISTANCE PROGRAMS

SEC. 501. PROCEDURE FOR DECLARATION.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Indian Tribal Government Requests.--
          (1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a 
        declaration by the President that an emergency exists 
        consistent with the requirements of subsection (a).
          (2) References.--In implementing assistance 
        authorized by the President under this title in 
        response to a request of the Chief Executive of an 
        affected Indian tribal government for an emergency 
        declaration, any reference in this title or section 319 
        to a State or the Governor of a State shall be deemed 
        to refer to an affected Indian tribal government or the 
        Chief Executive of an affected Indian tribal 
        government, as appropriate.
          (3) Savings provision.--Nothing in this subsection 
        shall prohibit an Indian tribal government from 
        receiving assistance under this title through a 
        declaration made by the President at the request of a 
        State under subsection (a) if the President does not 
        make a declaration under this subsection for the same 
        incident.

           *       *       *       *       *       *       *


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 2012, 2013, and 2014. 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]
                  (E) an individual appointed to a position on 
                the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
                  (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;
        but does not include--
                  (i) * * *

           *       *       *       *       *       *       *

                              ----------                              


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.

           *       *       *       *       *       *       *

                              ----------                              


                    NATIONAL DAM SAFETY PROGRAM ACT

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Dam Safety Program 
Act''.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) * * *
          (2) Dam.--The term ``dam''--
                  (A) * * *
                  (B) does not include--
                          (i) * * *
                          (ii) a barrier described in 
                        subparagraph (A) that--
                                  (I) * * *

           *       *       *       *       *       *       *

                        unless the barrier, because of the 
                        location of the barrier or another 
                        physical characteristic of the barrier, 
                        is likely to pose a significant threat 
                        to human life or property if the 
                        barrier fails (as determined by the 
                        [Director] Administrator).
          (3) [Director] Administrator.--The term ``[Director] 
        Administrator'' means the [Director] Administrator of 
        FEMA.

           *       *       *       *       *       *       *


SEC. 3. INSPECTION OF DAMS.

  (a) * * *
  (b) State Participation.--On request of a State dam safety 
agency, with respect to any dam the failure of which would 
affect the State, the head of a Federal agency shall--
          (1) provide information to the State dam safety 
        agency on the construction, operation, [or maintenance] 
        maintenance, condition, or provision for emergency 
        operations of the dam; or

           *       *       *       *       *       *       *


SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

  (a) Establishment.--There is established an Interagency 
Committee on Dam Safety--
          (1) * * *
          (2) chaired by the [Director] Administrator.

           *       *       *       *       *       *       *


SEC. 8. NATIONAL DAM SAFETY PROGRAM.

  (a) In General.--The [Director] Administrator, in 
consultation with ICODS and State dam safety agencies, and the 
Board shall establish and maintain, in accordance with this 
section, a coordinated national dam safety program. The Program 
shall--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Duties.--The [Director] Administrator shall prepare a 
strategic plan--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Objectives.--The objectives of the Program are to--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) develop and encourage public awareness projects 
        to increase public acceptance and support of State dam 
        safety programs;]
          (4) develop and implement a comprehensive dam safety 
        hazard education and public awareness program to assist 
        the public in mitigating against, preparing for, 
        responding to, and recovering from dam incidents;

           *       *       *       *       *       *       *

  (e) Assistance for State Dam Safety Programs.--
          (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to 
        ensure dam safety, to protect human life and property, 
        and to improve State dam safety programs, the 
        [Director] Administrator shall provide assistance with 
        amounts made available under section 13 to assist 
        States in establishing, maintaining, and improving dam 
        safety programs in accordance with the criteria 
        specified in paragraph (2).

           *       *       *       *       *       *       *

          (3) Work plans.--The [Director] Administrator shall 
        enter into a agreement with each State receiving 
        assistance under paragraph (2) to develop a work plan 
        necessary for the State dam safety program to reach a 
        level of program performance specified in the 
        agreement.
          (4) Maintenance of effort.--Assistance may not be 
        provided to a State under this subsection for a fiscal 
        year unless the State enters into such agreement with 
        the [Director] Administrator as the [Director] 
        Administrator requires to ensure that the State will 
        maintain the aggregate expenditures of the State from 
        all other sources for programs to ensure dam safety for 
        the protection of human life and property at or above a 
        level equal to the average annual level of such 
        expenditures for the 2 fiscal years preceding the 
        fiscal year.
          (5) Approval of programs.--
                  (A) Submission.--For a State to be eligible 
                for assistance under this subsection, a plan 
                for a State dam safety program shall be 
                submitted to the [Director] Administrator for 
                approval.
                  (B) Approval.--A State dam safety program 
                shall be deemed to be approved 120 days after 
                the date of receipt by the [Director] 
                Administrator unless the [Director] 
                Administrator determines within the 120-day 
                period that the State dam safety program fails 
                to meet the requirements of paragraphs (1) 
                through (3).
                  (C) Notification of disapproval.--If the 
                [Director] Administrator determines that a 
                State dam safety program does not meet the 
                requirements for approval, the [Director] 
                Administrator shall immediately notify the 
                State in writing and provide the reasons for 
                the determination and the changes that are 
                necessary for the plan to be approved.
          (6) Review of state dam safety programs.--Using the 
        expertise of the Board, the [Director] Administrator 
        shall periodically review State dam safety programs. If 
        the Board finds that a State dam safety program has 
        proven inadequate to reasonably protect human life and 
        property and the [Director] Administrator concurs, the 
        [Director] Administrator shall revoke approval of the 
        State dam safety program, and withhold assistance under 
        this subsection, until the State dam safety program 
        again meets the requirements for approval.
  (f) Board.--
          (1) Establishment.--The [Director] Administrator 
        shall establish an advisory board to be known as the 
        ``National Dam Safety Review Board'' to monitor the 
        safety of dams in the United States, to monitor State 
        implementation of this section, and to advise the 
        [Director] Administrator on national dam safety policy.

           *       *       *       *       *       *       *

          (3) Voting membership.--The Board shall consist of 11 
        voting members selected by the [Director] Administrator 
        for expertise in dam safety, of whom--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) 5 members shall be selected by the 
                [Director] Administrator from among State dam 
                safety officials; and
                  (G) 1 member shall be selected by the 
                [Director] Administrator to represent the 
                private sector.
          (4) Nonvoting membership.--The [Director] 
        Administrator, in consultation with the Board, may 
        invite a representative of the National Laboratories of 
        the Department of Energy and may invite representatives 
        from Federal or State agencies, representatives from 
        nongovernmental organizations, or dam safety experts, 
        as needed, to participate in meetings of the Board.

           *       *       *       *       *       *       *

          (6) Work groups.--The [Director] Administrator may 
        establish work groups under the Board to assist the 
        Board in accomplishing its goals. The work groups shall 
        consist of members of the Board and other individuals 
        selected by the [Director] Administrator.

           *       *       *       *       *       *       *


SEC. 9. RESEARCH.

  (a) In General.--The [Director] Administrator, in cooperation 
with the Board, shall carry out a program of technical and 
archival research to develop and support--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Consultation.--The [Director] Administrator shall provide 
for State participation in research under subsection (a) and 
periodically advise all States and Congress of the results of 
the research.

SEC. 10. DAM SAFETY TRAINING.

  At the request of any State that has or intends to develop a 
State dam safety program, the [Director] Administrator shall 
provide training for State dam safety staff and inspectors.

SEC. 11. REPORTS.

  Not later than 90 days after the end of each odd-numbered 
fiscal year, the [Director] Administrator shall submit a report 
to Congress that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) includes any recommendations for legislative and 
        other action that the [Director] Administrator 
        considers necessary.

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SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Dam Safety Program.--
          (1) Annual amounts.--There are authorized to be 
        appropriated to FEMA to carry out sections 7, 8, and 11 
        (in addition to any amounts made available for similar 
        purposes included in any other Act and amounts made 
        available under subsections (b) through (e)), 
        [$6,500,000 for fiscal year 2007, $7,100,000 for fiscal 
        year 2008, $7,600,000 for fiscal year 2009, $8,300,000 
        for fiscal year 2010, and $9,200,000 for fiscal year 
        2011] $8,024,000 for each of fiscal years 2012 through 
        2015, to remain available until expended.
          (2) Allocation.--
                  (A) * * *
                  (B) Maximum amount of allocation.--The amount 
                of funds allocated to a State under this 
                paragraph may not exceed [50 percent of the 
                reasonable cost of implementing the State dam 
                safety program] the amount of funds committed 
                by the State to implement dam safety program 
                activities.
                  (C) Determination.--The [Director] 
                Administrator and the Board shall determine the 
                amount allocated to States.
  (b) National Dam Inventory.--There is authorized to be 
appropriated to carry out section 6 [$650,000 for fiscal year 
2007, $700,000 for fiscal year 2008, $750,000 for fiscal year 
2009, $800,000 for fiscal year 2010, and $850,000 for fiscal 
year 2011] $383,000 for each of fiscal years 2012 through 2015.
  (c) Research.--There is authorized to be appropriated to 
carry out section 9 [$1,600,000 for fiscal year 2007, 
$1,700,000 for fiscal year 2008, $1,800,000 for fiscal year 
2009, $1,900,000 for fiscal year 2010, and $2,000,000 for 
fiscal year 2011] $1,000,000 for each of fiscal years 2012 
through 2015, to remain until expended.
  (d) Dam Safety Training.--There is authorized to be 
appropriated to carry out section 10 [$550,000 for fiscal year 
2007, $600,000 for fiscal year 2008, $650,000 for fiscal year 
2009, $700,000 for fiscal year 2010, and $750,000 for fiscal 
year 2011] $750,000 for each of fiscal years 2012 through 2015.
  (e) Staff.--There is authorized to be appropriated to FEMA 
for the employment of such additional staff personnel as are 
necessary to carry out sections 8 through 10 [$700,000 for 
fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for 
fiscal year 2009, $1,000,000 for fiscal year 2010, and 
$1,100,000 for fiscal year 2011] $436,000 for each of fiscal 
years 2012 through 2015.

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