19–006 

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’’. 


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(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; 


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(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. 


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(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: 


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‘‘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.— 


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‘‘(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 MEM- BERS.— 

‘‘(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 proceVerDate Mar 15 2010 22:44 Sep 15, 2012 Jkt 019006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6621 E:\HR\OC\HR674P1.XXX HR674P1

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dures 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: 


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‘‘(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 


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‘‘(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; 


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(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. 


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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. 


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‘‘(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. 


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(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 


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(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, 


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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, 


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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 PostKatrina 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. 


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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. 

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. 

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 


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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 redtape and help communities recover faster following disasters. These 


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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. 


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‘‘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 


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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. 


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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 


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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. 


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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. 


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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 


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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. 


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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 broadVerDate Mar 15 2010 22:44 Sep 15, 2012 Jkt 019006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR674P1.XXX HR674P1

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casters 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 


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29 

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. 


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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 


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31 

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. 


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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 

øSEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT 

GRANTS. 

ø(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). 

ø(b) USES.—A grant under this section shall be used— 

ø(1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for 

the 2004 and 2005 hurricane season; 

ø(2) to administer compact operations on behalf of all member States and territories; 

ø(3) to continue coordination with the Agency and appropriate Federal agencies; 

ø(4) to continue coordination with State, local, and tribal 

government entities and their respective national organizations; and 

ø(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. 

ø(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. 


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ø(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, ø$950,000,000¿ $946,600,000. 

* * * * * * * 

Subtitle G—Authorization of 

Appropriations 

øSEC. 699. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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— 

ø(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; 

ø(2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1; and 

ø(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— 


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(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.). 

ø(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)). 

ø(7)¿ (8) LOCAL GOVERNMENT.—The term ‘‘local government’’ 

means— 

(A) * * * 

(B) an Indian tribe or authorized tribal organization, or 

Alaska Native village or organizationø; and¿, that is not 

an Indian tribal government as defined in paragraph (6); 

and 

* * * * * * * 

ø(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. 

ø(9)¿ (10) PUBLIC FACILITY.—‘‘Public facility’’ means the following facilities owned by a State or local government: 

(A) * * * 

* * * * * * * 

ø(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) * * * 

* * * * * * * 


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(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 

øsection 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.— 


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(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 


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(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. 


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(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. 


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(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— 


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(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. 

øAll 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— 


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(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; øor¿ 

(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 unitø.¿; 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) * * * 

ø(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.— 


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(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 implementaVerDate Mar 15 2010 22:44 Sep 15, 2012 Jkt 019006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR674P1.XXX HR674P1

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tion 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 

* * * * * * * 

§ 8101. Definitions 

For the purpose of this subchapter— 


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(1) ‘‘employee’’ means— 

(A)* * * 

* * * * * * * 

(D) an individual employed by the government of the 

District of Columbia; øand¿ 

(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, øUnited 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 

* * * * * * * 

§ 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 employVerDate Mar 15 2010 22:44 Sep 15, 2012 Jkt 019006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6601 E:\HR\OC\HR674P1.XXX HR674P1

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ment 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 øDirector¿ Administrator). 

(3) øDIRECTOR¿ ADMINISTRATOR.—The term ‘‘øDirector¿ Administrator’’ means the øDirector¿ 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, øor 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) * * * 


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(2) chaired by the øDirector¿ Administrator. 

* * * * * * * 

SEC. 8. NATIONAL DAM SAFETY PROGRAM. 

(a) IN GENERAL.—The øDirector¿ 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 øDirector¿ Administrator shall prepare a strategic plan— 

(1) * * * 

* * * * * * * 

(c) OBJECTIVES.—The objectives of the Program are to— 

(1) * * * 

* * * * * * * 

ø(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 øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator as the øDirector¿ 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 


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program shall be submitted to the øDirector¿ 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 øDirector¿ Administrator unless the øDirector¿ 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 øDirector¿ 

Administrator determines that a State dam safety program 

does not meet the requirements for approval, the øDirector¿ 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 øDirector¿ 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 øDirector¿ 

Administrator concurs, the øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator on national dam 

safety policy. 

* * * * * * * 

(3) VOTING MEMBERSHIP.—The Board shall consist of 11 voting members selected by the øDirector¿ Administrator for expertise in dam safety, of whom— 

(A) * * * 

* * * * * * * 

(F) 5 members shall be selected by the øDirector¿ Administrator from among State dam safety officials; and 

(G) 1 member shall be selected by the øDirector¿ Administrator to represent the private sector. 

(4) NONVOTING MEMBERSHIP.—The øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator. 

* * * * * * * 


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SEC. 9. RESEARCH. 

(a) IN GENERAL.—The øDirector¿ Administrator, in cooperation 

with the Board, shall carry out a program of technical and archival 

research to develop and support— 

(1) * * * 

* * * * * * * 

(b) CONSULTATION.—The øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator shall submit a report to Congress that— 

(1) * * * 

* * * * * * * 

(4) includes any recommendations for legislative and other 

action that the øDirector¿ Administrator considers necessary. 

* * * * * * * 

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)), ø$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 ø50 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 øDirector¿ 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 ø$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 ø$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 


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49 

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 ø$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 ø$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. 

* * * * * * * 

Æ 


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