H6104 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

Your house is under water. Now, the 

bank can reduce the principal down to 

200,000. They can grant you $100,000 forgiveness. But you know what happens 

to you when that happens? That 100,000 

appears on your doorstep as income in 

the next taxing cycle. 

That provision is in—we have an exemption for that presently, but it’s expiring in January, and we simply have 

not even brought that issue up. There 

are thousands of people out there with 

foreclosures on their homes who are 

being socked or will be socked by debt 

forgiveness by banks. Those are the 

kinds of other issues that should have 

been dealt with. 

Everyone’s going to vote for this bill. 

I suspect that unless the Republicans 

want a vote on it for PR purposes, it’ll 

go without a sound. None of us are 

going to ask for a vote, because it’s obvious that this is one of those places 

where you want to make sure that a 

family who gives their son or their 

daughter does not get socked with a 

debt on top of it. 

I urge my colleagues to vote for this, 

but urge the leadership on the other 

side to think about having hearings 

and reestablishing the regular order in 

the House so that we can answer some 

of the questions that are about this bill 

and think about many of the other 

issues that we have not dealt with. 

We’re within 2 days of the end of this 

Congress, and we’ve got thousands of 

issues. Everybody knows that November and December are going to be terrible because we’re going to be right 

back here trying then to deal, on the 

back of a galloping horse, with a huge 

number of issues that have not been 

dealt with by the shortest Congress, 

the least hearings, the least bills 

passed. 

I yield back the balance of my time. 

Mr. SAM JOHNSON of Texas. Mr. 

Speaker, I appreciate our guys fighting 

for us. 

GENERAL LEAVE

Mr. SAM JOHNSON of Texas. Mr. 

Speaker, I ask unanimous consent that 

all Members may have 5 legislative 

days in which to revise and extend 

their remarks and include extraneous 

materials on H.R. 5044, as amended, 

currently under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

Mr. SAM JOHNSON of Texas. I urge 

my colleagues to support this bill, and 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. SAM

JOHNSON) that the House suspend the 

rules and pass the bill, H.R. 5044, as 

amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. DESJARLAIS. Mr. Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

FEMA REAUTHORIZATION ACT OF 

2012 

Mr. DENHAM. Mr. Speaker, I move 

to suspend the rules and pass the bill 

(H.R. 2903) to reauthorize the programs 

and activities of the Federal Emergency Management Agency, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 2903 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as 

the ‘‘FEMA Reauthorization Act of 2012’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title and table of contents. 

TITLE I—REAUTHORIZATION OF FEMA 

AND MODERNIZATION OF INTEGRATED 

PUBLIC ALERT AND WARNING SYSTEM 

Sec. 101. Reauthorization of Federal Emergency Management Agency. 

Sec. 102. Integrated Public Alert and Warning System Modernization. 

TITLE II—STAFFORD ACT AND OTHER 

PROGRAMS 

Sec. 201. Reauthorization of urban search 

and rescue response system. 

Sec. 202. Reauthorization of emergency 

management assistance compact grants. 

Sec. 203. Disposal of excess property to assist other disaster survivors. 

Sec. 204. Storage, sale, transfer, and disposal 

of housing units. 

Sec. 205. Other methods of disposal. 

Sec. 206. Establishment of criteria relating 

to administration of hazard 

mitigation assistance by 

States. 

Sec. 207. Review of regulations and policies. 

Sec. 208. Appeals process. 

Sec. 209. Implementation of cost estimating. 

Sec. 210. Tribal requests for a major disaster 

or emergency declaration under 

the Stafford Act. 

Sec. 211. Individual assistance factors. 

Sec. 212. Public assistance pilot program. 

Sec. 213. Public assistance debris removal 

procedures. 

Sec. 214. Use of funds. 

Sec. 215. Reduction of authorization for 

emergency management performance grants. 

Sec. 216. Technical correction. 

Sec. 217. National Dam Safety Program Act 

reauthorization. 

TITLE I—REAUTHORIZATION OF FEMA 

AND MODERNIZATION OF INTEGRATED 

PUBLIC ALERT AND WARNING SYSTEM 

SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. 

Section 699 of the Post-Katrina Emergency 

Management Reform Act of 2006 (6 U.S.C. 

811) is amended to read as follows: 

‘‘SEC. 699. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated 

to carry out this title and the amendments 

made by this title for the salaries and expenses of the Agency— 

‘‘(1) for fiscal year 2012, $1,031,378,000, including amounts transferred from grant programs; 

‘‘(2) for fiscal year 2013, $1,031,378,000, including amounts transferred from grant programs; and 

‘‘(3) for fiscal year 2014, $1,031,378,000, including amounts transferred from grant programs.’’. 

SEC. 102. INTEGRATED PUBLIC ALERT AND 

WARNING SYSTEM MODERNIZATION. 

(a) SHORT TITLE.—This section may be 

cited as the ‘‘Integrated Public Alert and 

Warning System Modernization Act of 2012’’. 

(b) INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.— 

(1) IN GENERAL.—To provide timely and effective disaster warnings under this section, 

the President, acting through the Administrator of the Federal Emergency Management Agency, shall— 

(A) modernize the integrated public alert 

and warning system of the United States (in 

this section referred to as the ‘‘public alert 

and warning system’’) to ensure that the 

President under all conditions is able to 

alert and warn governmental authorities and 

the civilian population in areas endangered 

by disasters; and 

(B) implement the public alert and warning 

system. 

(2) IMPLEMENTATION REQUIREMENTS.—In 

carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee (established under subsection (c))— 

(A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures 

for the public alert and warning system; 

(B) include in the public alert and warning 

system the capability to adapt the distribution and content of communications on the 

basis of geographic location, risks, or personal user preferences, as appropriate; 

(C) include in the public alert and warning 

system the capability to alert and warn, and 

provide the equivalent amount of information to individuals with disabilities and individuals with access and functional needs; 

(D) ensure that training, tests, and exercises are conducted for the public alert and 

warning system and that the system is incorporated into other training and exercise 

programs of the Department of Homeland 

Security, as appropriate; 

(E) establish and integrate into the National Incident Management System a comprehensive and periodic training program to 

instruct and educate Federal, State, Tribal, 

and local government officials in the use of 

the Common Alerting Protocol enabled 

Emergency Alert System; 

(F) conduct, at least once every 3 years, 

periodic nationwide tests of the public alert 

and warning system; and 

(G) ensure that the public alert and warning system is resilient, secure, and can withstand acts of terrorism and other external 

attacks. 

(3) SYSTEM REQUIREMENTS.—The public 

alert and warning system shall— 

(A) incorporate multiple communications 

technologies; 

(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; 

(C) to the extent technically feasible, be 

designed to provide alerts to the largest portion of the affected population, including 

nonresident visitors and tourists and individuals with disabilities and access and functional needs, and improve the ability of remote areas to receive alerts; 

(D) promote local and regional public and 

private partnerships to enhance community 

preparedness and response; 

(E) provide redundant alert mechanisms if 

practicable so as to reach the greatest number of people regardless of whether they have 

access to, or utilize, any specific medium of 

communication or any particular device; and 


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(F) include a mechanism to ensure the protection of individual privacy. 

(4) IMPLEMENTATION PLAN.—Not later than 

180 days after the date of submission of the 

report of the Integrated Public Alert and 

Warning System Advisory Committee, the 

Administrator shall submit to the Committee on Transportation and Infrastructure 

and the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan 

to implement the public alert and warning 

system. The plan shall include a timeline for 

implementation, a spending plan, and recommendations for any additional authority 

that may be necessary to fully implement 

this subsection. 

(5) MAXIMUM FUNDS.—The Administrator 

may use not more than $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 90 days 

after the date of enactment of this Act, the 

Administrator of the Federal Emergency 

Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the ‘‘Advisory Committee’’). 

(2) MEMBERSHIP.—The Advisory Committee 

shall be composed of the following members 

(or their designees) to be appointed by the 

Administrator as soon as practicable after 

the date of enactment of this Act: 

(A) The Chairman of the Federal Communications Commission. 

(B) The Administrator of the National Oceanic and Atmospheric Administration of the 

Department of Commerce. 

(C) The Assistant Secretary for Communications and Information of the Department 

of Commerce. 

(D) 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 disabilities and access and 

functional needs and national organizations 

representing the elderly. 

(G) Qualified representatives of such other 

stakeholders and interested and affected parties as the Administrator considers appropriate. 

(3) CHAIRPERSON.—The Administrator shall 

serve as the Chairperson of the Advisory 

Committee. 

(4) MEETINGS.— 

(A) INITIAL MEETING.—The initial meeting 

of the Advisory Committee shall take place 

not later than 120 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) CONSULTATION WITH NONMEMBERS.—The 

Advisory Committee and the program offices 

for the integrated public alert and warning 

system for the United States shall regularly 

meet with groups that are not represented 

on the Advisory Committee to consider new 

and developing technologies that may be 

beneficial to the public alert and warning 

system. Such groups may include— 

(A) the Defense Advanced Research 

Projects Agency; 

(B) entities engaged in federally funded research; and 

(C) academic institutions engaged in relevant work and research. 

(7) RECOMMENDATIONS.—The Advisory Committee shall develop recommendations for an 

integrated public alert and warning system, 

including— 

(A) recommendations for common alerting 

and warning protocols, standards, terminology, and operating procedures for the 

public alert and warning system; and 

(B) recommendations to provide for a public alert and warning system that— 

(i) has the capability to adapt the distribution and content of communications on the 

basis of geographic location, risks, or personal user preferences, as appropriate; 

(ii) has the capability to alert and warn individuals with disabilities and individuals 

with limited English proficiency; 

(iii) incorporates multiple communications 

technologies; 

(iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; 

(v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and 

tourists, and improve the ability of remote 

areas to receive alerts; 

(vi) promotes local and regional public and 

private partnerships to enhance community 

preparedness and response; 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. 

(8) INITIAL AND ANNUAL REPORT.—Not later 

than 1 year after the date of enactment of 

this Act, the Advisory Committee shall submit to the Administrator, the Committee on 

Transportation and Infrastructure and the 

Committee on Homeland Security of the 

House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. 

(9) FEDERAL ADVISORY COMMITTEE ACT.— 

Neither the Federal Advisory Committee Act 

(5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply 

to the Advisory Committee. 

(10) TERMINATION.—The Advisory Committee shall terminate not later than 3 years 

after the date of enactment of this Act. 

(d) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission. 

TITLE II—STAFFORD ACT AND OTHER 

PROGRAMS 

SEC. 201. REAUTHORIZATION OF URBAN SEARCH 

AND RESCUE RESPONSE SYSTEM. 

(a) IN GENERAL.—Title III of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: 

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

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. 

‘‘(2) AGENCY.—The term ‘Agency’ means 

the Federal Emergency Management Agency. 

‘‘(3) HAZARD.—The term ‘hazard’ has the 

meaning given that term by section 602. 

‘‘(4) NON-EMPLOYEE SYSTEM MEMBER.—The 

term ‘non-employee System member’ means 

a System member not employed by a sponsoring agency or participating agency. 

‘‘(5) PARTICIPATING AGENCY.—The term 

‘participating agency’ means a State or local 

government, nonprofit organization, or private organization that has executed an 

agreement with a sponsoring agency to participate in the System. 

‘‘(6) SPONSORING AGENCY.—The term ‘sponsoring agency’ means a State or local government that is the sponsor of a task force 

designated by the Administrator to participate in the System. 

‘‘(7) SYSTEM.—The term ‘System’ means 

the National Urban Search and Rescue Response System to be administered under this 

section. 

‘‘(8) SYSTEM MEMBER.—The term ‘System 

member’ means an individual who is not a 

full-time employee of the Federal Government and who serves on a task force or on a 

System management or other technical 

team. 

‘‘(9) TASK FORCE.—The term ‘task force’ 

means an urban search and rescue team designated by the Administrator to participate 

in the System. 

‘‘(b) GENERAL AUTHORITY.—Subject to the 

requirements of this section, the Administrator shall continue to administer the 

emergency response system known as the 

National Urban Search and Rescue Response 

System. 

‘‘(c) FUNCTIONS.—In administering the System, the Administrator shall provide for a 

national network of standardized search and 

rescue resources to assist States and local 

governments in responding to hazards. 

‘‘(d) TASK FORCES.— 

‘‘(1) DESIGNATION.—The Administrator 

shall designate task forces to participate in 

the System. The Administrator shall determine the criteria for such participation. 

‘‘(2) SPONSORING AGENCIES.—Each task 

force shall have a sponsoring agency. The 

Administrator shall enter into an agreement 

with the sponsoring agency with respect to 

the participation of each task force in the 

System. 

‘‘(3) COMPOSITION.— 

‘‘(A) PARTICIPATING AGENCIES.—A task 

force may include, at the discretion of the 


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sponsoring agency, 1 or more participating 

agencies. The sponsoring agency shall enter 

into an agreement with each participating 

agency of the task force with respect to the 

participation of the participating agency on 

the task force. 

‘‘(B) OTHER INDIVIDUALS.—A task force may 

also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring agency 

or a participating agency of the task force. 

The sponsoring agency of a task force may 

enter into a separate agreement with each 

such individual with respect to the participation of the individual on the task force. 

‘‘(e) MANAGEMENT AND TECHNICAL TEAMS.— 

The Administrator shall maintain such management teams and other technical teams as 

the Administrator determines are necessary 

to administer the System. 

‘‘(f) APPOINTMENT OF SYSTEM MEMBERS

INTO FEDERAL SERVICE.— 

‘‘(1) IN GENERAL.—The Administrator may 

appoint a System member into Federal service for a period of service to provide for the 

participation of the System member in exercises, preincident staging, major disaster and 

emergency response activities, and training 

events sponsored or sanctioned by the Administrator. 

‘‘(2) NONAPPLICABILITY OF CERTAIN CIVIL

SERVICE LAWS.—The Administrator may 

make appointments under paragraph (1) 

without regard to the provisions of title 5, 

United States Code, governing appointments 

in the competitive service. 

‘‘(3) RELATIONSHIP TO OTHER AUTHORITIES.— 

The authority of the Administrator to make 

appointments under this subsection shall not 

affect any other authority of the Administrator under this Act. 

‘‘(4) LIMITATION.—A System member who is 

appointed into Federal service under paragraph (1) shall not be considered an employee 

of the United States for purposes other than 

those specifically set forth in this section. 

‘‘(g) COMPENSATION.— 

‘‘(1) PAY OF SYSTEM MEMBERS.—Subject to 

such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force— 

‘‘(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System 

member for any period during which the System member is appointed into Federal service under subsection (f)(1); and 

‘‘(B) to make payments directly to a nonemployee System member on the task force 

for any period during which the non-employee System member is appointed into 

Federal service under subsection (f)(1). 

‘‘(2) REIMBURSEMENT FOR EMPLOYEES FILLING POSITIONS OF SYSTEM MEMBERS.— 

‘‘(A) IN GENERAL.—Subject to such terms 

and conditions as the Administrator may impose by regulation, the Administrator shall 

make payments to the sponsoring agency of 

a task force to reimburse each employer of a 

System member on the task force for compensation paid by the employer to an employee filling a position normally filled by 

the System member for any period during 

which the System member is appointed into 

Federal service under subsection (f)(1). 

‘‘(B) LIMITATION.—Costs incurred by an employer shall be eligible for reimbursement 

under subparagraph (A) only to the extent 

that the costs are in excess of the costs that 

would have been incurred by the employer 

had the System member not been appointed 

into Federal service under subsection (f)(1). 

‘‘(3) METHOD OF PAYMENT.—A System member shall not be entitled to pay directly from 

the Agency for a period during which the 

System member is appointed into Federal 

service under subsection (f)(1). 

‘‘(h) PERSONAL INJURY, ILLNESS, DISABILITY, OR DEATH.— 

‘‘(1) IN GENERAL.—A System member who is 

appointed into Federal service under subsection (f)(1) and who suffers personal injury, 

illness, disability, or death as a result of a 

personal injury sustained while acting in the 

scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, 

United States Code, be treated as though the 

member were an employee (as defined by section 8101 of that title) who had sustained the 

injury in the performance of duty. 

‘‘(2) ELECTION OF BENEFITS.— 

‘‘(A) IN GENERAL.—If a System member (or, 

in the case of the death of the System member, the System member’s dependent) is entitled— 

‘‘(i) under paragraph (1) to receive benefits 

under subchapter I of chapter 81 of title 5, 

United States Code, by reason of personal injury, illness, disability, or death, and 

‘‘(ii) to receive benefits from a State or 

local government by reason of the same personal injury, illness, disability, or death, 

the System member or dependent shall elect 

to receive either the benefits referred to in 

clause (i) or (ii). 

‘‘(B) DEADLINE.—A System member or dependent shall make an election of benefits 

under subparagraph (A) not later than 1 year 

after the date of the personal injury, illness, 

disability, or death that is the reason for the 

benefits or until such later date as the Secretary of Labor may allow for reasonable 

cause shown. 

‘‘(C) EFFECT OF ELECTION.—An election of 

benefits made under this paragraph is irrevocable unless otherwise provided by law. 

‘‘(3) REIMBURSEMENT FOR STATE OR LOCAL

BENEFITS.—Subject to such terms and conditions as the Administrator may impose by 

regulation, in the event that a System member or dependent elects benefits from a State 

or local government under paragraph (2)(A), 

the Administrator shall reimburse the State 

or local government for the value of those 

benefits. 

‘‘(i) LIABILITY.—A System member appointed into Federal service under subsection (f)(1), while acting within the scope 

of the appointment, is deemed an employee 

of the Government under section 1346(b) of 

title 28, United States Code, and chapter 171 

of that title, relating to tort claims procedure. 

‘‘(j) EMPLOYMENT AND REEMPLOYMENT

RIGHTS.—With respect to a System member 

who is not a regular full-time employee of a 

sponsoring agency or participating agency, 

the following terms and conditions apply: 

‘‘(1) Service as a System member is deemed 

‘service in the uniformed services’ for purposes of chapter 43 of title 38, United States 

Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives 

compensation for such participation). All 

rights and obligations of such persons and 

procedures for assistance, enforcement, and 

investigation shall be as provided for in such 

chapter. 

‘‘(2) Preclusion of giving notice of service 

by necessity of appointment under this section is deemed preclusion by ‘military necessity’ for purposes of section 4312(b) of title 

38, United States Code, pertaining to giving 

notice of absence from a position of employment. A determination of such necessity 

shall be made by the Administrator and shall 

not be subject to judicial review. 

‘‘(k) LICENSES AND PERMITS.—If a System 

member holds a valid license, certificate, or 

other permit issued by any State or other 

governmental jurisdiction evidencing the 

member’s qualifications in any professional, 

mechanical, or other skill or type of assistance required by the System, the System 

member is deemed to be performing a Federal activity when rendering aid involving 

such skill or assistance during a period of appointment into Federal service under subsection (f)(1). 

‘‘(l) ADVISORY COMMITTEE.— 

‘‘(1) IN GENERAL.—The Administrator shall 

establish and maintain an advisory committee to provide expert recommendations 

to the Administrator in order to assist the 

Administrator in administering the System. 

‘‘(2) COMPOSITION.—The advisory committee shall be composed of members from 

geographically diverse areas, and shall include— 

‘‘(A) the chief officer or senior executive 

from at least 3 sponsoring agencies; 

‘‘(B) the senior emergency manager from 

at least 2 States that include sponsoring 

agencies; and 

‘‘(C) at least 1 representative recommended 

by the leaders of the task forces. 

‘‘(3) INAPPLICABILITY OF TERMINATION REQUIREMENT.—Section 14(a)(2) of the Federal 

Advisory Committee Act (5 U.S.C. App.) 

shall not apply to the advisory committee 

under this subsection. 

‘‘(m) PREPAREDNESS COOPERATIVE AGREEMENTS.— 

‘‘(1) IN GENERAL.—Subject to the availability of appropriations for such purpose, 

the Administrator shall enter into an annual 

preparedness cooperative agreement with 

each sponsoring agency. Amounts made 

available to a sponsoring agency under such 

a preparedness cooperative agreement shall 

be for the following purposes: 

‘‘(A) Training and exercises, including 

training and exercises with other Federal, 

State, and local government response entities. 

‘‘(B) Acquisition and maintenance of 

equipment, including interoperable communications and personal protective equipment. 

‘‘(C) Medical monitoring required for responder safety and health in anticipation of 

and following a major disaster, emergency, 

or other hazard, as determined by the Administrator. 

‘‘(2) AVAILABILITY OF APPROPRIATIONS.— 

Notwithstanding section 1552(b) of title 31, 

United States Code, amounts made available 

for cooperative agreements under this subsection that are not expended shall be deposited in an Agency account and shall remain 

available for such agreements without fiscal 

year limitation. 

‘‘(n) RESPONSE COOPERATIVE AGREEMENTS.—The Administrator shall enter into 

a response cooperative agreement with each 

sponsoring agency, as appropriate, under 

which the Administrator agrees to reimburse 

the sponsoring agency for costs incurred by 

the sponsoring agency in responding to a 

major disaster or emergency. 

‘‘(o) OBLIGATIONS.—The Administrator may 

incur all necessary obligations consistent 

with this section in order to ensure the effectiveness of the System. 

‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There is authorized to be 

appropriated to carry out the System and 

the provisions of this section $35,250,000 for 

each of fiscal years 2012, 2013, and 2014. 

‘‘(2) ADMINISTRATIVE EXPENSES.—The Administrator may use not to exceed 6 percent 

of the funds appropriated for a fiscal year 

pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out 

this section.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) APPLICABILITY OF TITLE 5, UNITED

STATES CODE.—Section 8101(1) of title 5, 

United States Code, is amended— 

(A) in subparagraph (D) by striking ‘‘and’’ 

at the end; 


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(B) by moving subparagraph (F) to appear 

after subparagraph (E); 

(C) in subparagraph (F)— 

(i) by striking ‘‘United States Code,’’; and 

(ii) by adding ‘‘and’’ at the end; and 

(D) by inserting after subparagraph (F) the 

following: 

‘‘(G) an individual who is a System member of the National Urban Search and Rescue 

Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act;’’. 

(2) INCLUSION AS PART OF UNIFORMED SERVICES FOR PURPOSES OF USERRA.—Section 4303 

of title 38, United States Code, is amended— 

(A) in paragraph (13) by inserting ‘‘, a period for which a System member of the National Urban Search and Rescue Response 

System is absent from a position of employment due to an appointment into Federal 

service under section 327 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act’’ before ‘‘, and a period’’; and 

(B) in paragraph (16) by inserting after 

‘‘Public Health Service,’’ the following: 

‘‘System members of the National Urban 

Search and Rescue Response System during 

a period of appointment into Federal service 

under section 327 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance 

Act,’’. 

SEC. 202. REAUTHORIZATION OF EMERGENCY 

MANAGEMENT ASSISTANCE COMPACT GRANTS. 

(a) IN GENERAL.—Subtitle A of title VI of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5196 et 

seq.) is amended by adding at the end the following: 

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

‘‘(a) IN GENERAL.—The Administrator of 

the Federal Emergency Management Agency 

may make grants to provide for implementation of the Emergency Management Assistance Compact consented to by Congress in 

the joint resolution entitled ‘Joint resolution granting the consent of Congress to the 

Emergency Management Assistance Compact’ (Public Law 104–321; 110 Stat. 3877). 

‘‘(b) ELIGIBLE GRANT RECIPIENTS.—States 

and the Administrator of the Emergency 

Management Assistance Compact shall be eligible to receive grants under subsection (a). 

‘‘(c) USE OF FUNDS.—A grant received 

under this section shall be used— 

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

2004 and 2005 hurricane seasons; 

‘‘(2) to administer compact operations on 

behalf of States, as such term is defined in 

the compact, that have enacted the compact; 

‘‘(3) to continue coordination with the Federal Emergency Management Agency and appropriate Federal agencies; 

‘‘(4) to continue coordination with States 

and local governments and their respective 

national organizations; and 

‘‘(5) to assist State and local governments, 

emergency response providers, and organizations representing such providers with 

credentialing the providers and the typing of 

emergency response resources. 

‘‘(d) COORDINATION.—The Administrator of 

the Federal Emergency Management Agency 

shall consult with the Administrator of the 

Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $2,000,000 for each of 

the fiscal years 2012, 2013, and 2014. Such 

sums shall remain available until expended.’’. 

(b) REPEAL.—Section 661 of the PostKatrina Emergency Management Reform Act 

of 2006 (6 U.S.C. 761) is repealed. 

SEC. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER SURVIVORS. 

Title III of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act as 

amended by this Act is further amended by 

adding at the end the following: 

‘‘SEC. 328. DISPOSAL OF EXCESS MATERIALS, 

SUPPLIES, AND EQUIPMENT. 

‘‘(a) IN GENERAL.—Notwithstanding any 

other provision of law, if the President determines that materials, supplies, or equipment 

acquired by the President pursuant to title 

IV or V for response or recovery efforts in 

connection with a major disaster or emergency are in excess of the amount needed for 

those efforts, the President may transfer the 

excess materials, supplies, or equipment directly to a State, local government, or relief 

or disaster assistance organization for the 

purpose of— 

‘‘(1) assisting disaster survivors in other 

major disasters and emergencies; and 

‘‘(2) assisting survivors in incidents caused 

by a hazard that do not result in a declaration of a major disaster or emergency if the 

Governor of the affected State certifies 

that— 

‘‘(A) there is an urgent need for the materials, supplies, or equipment; and 

‘‘(B) the State is unable to provide the materials, supplies, or equipment in a timely 

manner. 

‘‘(b) HAZARD DEFINED.—In this section, the 

term ‘hazard’ has the meaning given that 

term by section 602.’’. 

SEC. 204. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING UNITS. 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of FEMA. 

(2) EMERGENCY; MAJOR DISASTER.—The 

terms ‘‘emergency’’ and ‘‘major disaster’’ 

have the meanings given such terms in section 102 of the Stafford Act (42 U.S.C. 5122). 

(3) FEMA.—The term ‘‘FEMA’’ means the 

Federal Emergency Management Agency. 

(4) HAZARD.—The term ‘‘hazard’’ has the 

meaning given such term in section 602 of 

the Stafford Act (42 U.S.C. 5195a). 

(5) STAFFORD ACT.—The term ‘‘Stafford 

Act’’ means the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.). 

(b) NEEDS ASSESSMENT; ESTABLISHMENT OF

CRITERIA.—Not later than 90 days after the 

date of enactment of this Act, the Administrator shall complete an assessment to determine the number of temporary housing 

units that FEMA needs to maintain in stock 

to respond appropriately to emergencies or 

major disasters occurring after the date of 

enactment of this Act. 

(c) PLAN.— 

(1) IN GENERAL.—Not later than 180 days 

after the date of enactment of this Act, the 

Administrator shall establish a plan and 

guidelines for— 

(A) storing the number of temporary housing units that FEMA needs to maintain in 

stock, as determined by the Administrator 

under subsection (b); and 

(B) selling, transferring, donating, or otherwise disposing of the temporary housing 

units in the inventory of FEMA that are in 

excess of the number of temporary housing 

units that FEMA needs to maintain in stock, 

as determined by the Administrator under 

subsection (b). 

(2) REPORT.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of enactment of this Act and 

annually thereafter, the Administrator shall 

submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of 

the Senate a report on the actions that the 

Administrator has taken to establish and 

implement the plan and guidelines established under paragraph (1). 

(B) REQUIRED INFORMATION.—In each report 

submitted under subparagraph (A), the Administrator shall document the number of 

temporary housing units remaining in the 

inventory of FEMA and the number of units 

sold, transferred, donated, and otherwise disposed of pursuant to this section. 

(3) UPDATE.—The Administrator shall update the plan established under paragraph (1) 

as necessary to ensure that the Administrator maintains in the inventory of FEMA 

only those temporary housing units that are 

needed to respond appropriately to emergencies or major disasters. 

(d) TRANSFER OF TEMPORARY HOUSING

UNITS TO STATES.— 

(1) IN GENERAL.—Notwithstanding section 

408(d)(2) of the Stafford Act (42 U.S.C. 

5174(d)(2)), and subject to the requirements of 

paragraph (2), the Administrator may transfer or donate to States, on a priority basis, 

pursuant to subsection (c)(1)(B), excess temporary housing units in the inventory of 

FEMA. 

(2) STATE REQUESTS.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of enactment of this Act, a 

State may submit to the Administrator a request to receive excess temporary housing 

units under paragraph (1). 

(B) ELIGIBILITY.—A State shall be eligible 

to receive excess temporary housing units 

under paragraph (1) if the State agrees— 

(i) to use the units to provide temporary 

housing to survivors of incidents that are 

caused by hazards and that the Governor of 

the State determines require State assistance; 

(ii) to pay to store and maintain the units; 

(iii) in the event of a major disaster or 

emergency declared for the State by the 

President under the Stafford Act, to make 

the units available to the President or to use 

the units to provide housing directly to survivors of the major disaster or emergency in 

the State; 

(iv) to comply with the nondiscrimination 

provisions of section 308 of the Stafford Act 

(42 U.S.C. 5151); and 

(v) to obtain and maintain hazard and 

flood insurance on the units. 

(C) INCIDENTS.—The incidents referred to in 

subparagraph (B)(i) may include incidents 

that do not result in a declaration of a major 

disaster or emergency by the President 

under the Stafford Act. 

(3) DISTRIBUTION.— 

(A) ESTABLISHMENT OF PROCESS.—The Administrator shall establish a process— 

(i) to review requests submitted by States 

under paragraph (2); and 

(ii) to distribute excess temporary housing 

units that are in the inventory of FEMA. 

(B) ALLOCATION.—If the number of temporary housing units requested by States 

under paragraph (2) exceeds the number of 

excess temporary housing units available, 

the Administrator shall allocate the available units among the States that have submitted a request. 

(4) REMAINING TEMPORARY HOUSING UNITS.— 

Temporary housing units that are not transferred or donated under paragraph (1) shall 

be sold, transferred, donated, or otherwise 

disposed of subject to the requirements of 

section 408(d)(2) of the Stafford Act (42 U.S.C. 

5174(d)(2)) and other applicable provisions of 

law. 

(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect section 689k of the PostVerDate Mar 15 2010 03:23 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.015 H19SEPT1

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H6108 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

Katrina Emergency Management Reform Act 

of 2006 (120 Stat. 1456). For purposes of that 

section, a transfer or donation to a State of 

a temporary housing unit under paragraph 

(1) shall be treated as a disposal to house individuals or households under section 408 of 

the Stafford Act (42 U.S.C. 5174). 

SEC. 205. OTHER METHODS OF DISPOSAL. 

Section 408(d)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)) is amended— 

(1) in clause (i) by striking ‘‘or’’; 

(2) in clause (ii) by striking the period at 

the end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(iii) may be sold, transferred, or donated 

directly to a State or other governmental 

entity or to a voluntary organization for the 

sole purpose of providing temporary housing 

to disaster victims in disasters and incidents 

caused by a hazard (as such term is defined 

in section 602) that do not result in a declaration of a major disaster or emergency if, 

as a condition of the sale, transfer, or donation, the State, other governmental agency, 

or voluntary organization agrees— 

‘‘(I) to comply with the nondiscrimination 

provisions of section 308; and 

‘‘(II) to obtain and maintain hazard and 

flood insurance for the housing units.’’. 

SEC. 206. ESTABLISHMENT OF CRITERIA RELATING TO ADMINISTRATION OF HAZARD MITIGATION ASSISTANCE BY 

STATES. 

Not later than 180 days after the date of 

enactment of this Act, the President shall 

establish the criteria required under section 

404(c)(2) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 

U.S.C. 5170c(c)(2)). 

SEC. 207. REVIEW OF REGULATIONS AND POLICIES. 

(a) IN GENERAL.—Not later than 180 days 

after the date of enactment of this Act, the 

President, acting through the Administrator 

of the Federal Emergency Management 

Agency, shall review regulations and policies 

relating to Federal disaster assistance to 

eliminate regulations the President determines are no longer relevant, to harmonize 

contradictory regulations, and to simplify 

and expedite disaster recovery and assistance. 

(b) REPORT.—Not later than 1 year after 

the date of enactment of this Act, the President shall transmit to the Committee on 

Transportation and Infrastructure of the 

House of Representatives and the Committee 

on Homeland Security and Governmental Affairs of the Senate a report describing 

changes made to regulations as a result of 

the review required under subsection (a), together with any legislative recommendations relating thereto. 

(c) STATE HAZARD MITIGATION PLANS.—The 

President, acting through the Administrator, shall revise regulations related to the 

submission of State Hazard Mitigation Plans 

to extend the hazard mitigation planning 

cycle to every 5 years, consistent with local 

planning cycles. 

SEC. 208. APPEALS PROCESS. 

Section 423(b) of the Robert T. Stafford 

Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5189a(b)) is amended to read as 

follows: 

‘‘(b) PERIOD FOR DECISION.— 

‘‘(1) IN GENERAL.—A decision regarding an 

appeal under subsection (a) shall be rendered 

within 60 days after the date on which the 

Federal official designated to administer 

such appeal receives notice of such appeal. 

‘‘(2) FAILURE TO SATISFY DEADLINE.—If the 

Federal official fails to satisfy the requirement under paragraph (1), the Federal official shall provide a written explanation of 

such failure to the applicant. The President, 

acting through the Administrator of the 

Federal Emergency Management Agency, 

shall transmit quarterly to the Committee 

on Transportation and Infrastructure of the 

House of Representatives and the Committee 

on Homeland Security and Governmental Affairs of the Senate a report on such failures.’’. 

SEC. 209. IMPLEMENTATION OF COST ESTIMATING. 

Not later than 180 days after the date of 

enactment of this Act, the President, acting 

through the Administrator of the Federal 

Emergency Management Agency, shall issue 

and begin to implement the regulations required by section 406(e)(3)(C) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to provide for cost estimation procedures that expedite recovery and to reduce the costs and 

time for completion of recovery projects 

through the creation of financial and performance incentives. 

SEC. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION UNDER THE STAFFORD ACT. 

(a) MAJOR DISASTER REQUESTS.—Section 

401 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 

5170) is amended— 

(1) by striking ‘‘All requests for a declaration’’ and inserting ‘‘(a) IN GENERAL.—All requests for a declaration’’; and 

(2) by adding at the end the following: 

‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

‘‘(1) IN GENERAL.—The Chief Executive of 

an affected Indian tribal government may 

submit a request for a declaration by the 

President that a major disaster exists consistent with the requirements of subsection 

(a). 

‘‘(2) REFERENCES.—In implementing assistance authorized by the President under this 

Act in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any 

reference in this title or section 319 to a 

State or the Governor of a State is deemed 

to refer to an affected Indian tribal government or the Chief Executive of an affected 

Indian tribal government, as appropriate. 

‘‘(3) SAVINGS PROVISION.—Nothing in this 

subsection shall prohibit an Indian tribal 

government from receiving assistance under 

this title through a declaration made by the 

President at the request of a State under 

subsection (a) if the President does not make 

a declaration under this subsection for the 

same incident. 

‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN

TRIBAL GOVERNMENTS.— 

‘‘(1) IN GENERAL.—In providing assistance 

to an Indian tribal government under this 

title, the President may waive or adjust any 

payment of a non-Federal contribution with 

respect to the assistance if— 

‘‘(A) the President has the authority to 

waive or adjust the payment under another 

provision of this title; and 

‘‘(B) the President determines that the 

waiver or adjustment is necessary and appropriate. 

‘‘(2) CRITERIA FOR MAKING DETERMINATIONS.—The President shall establish criteria 

for making determinations under paragraph 

(1)(B).’’. 

(b) EMERGENCY REQUESTS.—Section 501 of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5191) is 

amended by adding at the end the following: 

‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

‘‘(1) IN GENERAL.—The Chief Executive of 

an affected Indian tribal government may 

submit a request for a declaration by the 

President that an emergency exists consistent with the requirements of subsection 

(a). 

‘‘(2) REFERENCES.—In implementing assistance authorized by the President under this 

title in response to a request of the Chief Executive of an affected Indian tribal government for an emergency declaration, any reference in this title or section 319 to a State 

or the Governor of a State shall be deemed 

to refer to an affected Indian tribal government or the Chief Executive of an affected 

Indian tribal government, as appropriate. 

‘‘(3) SAVINGS PROVISION.—Nothing in this 

subsection shall prohibit an Indian tribal 

government from receiving assistance under 

this title through a declaration made by the 

President at the request of a State under 

subsection (a) if the President does not make 

a declaration under this subsection for the 

same incident.’’. 

(c) DEFINITIONS.—Section 102 of the Robert 

T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5122) is amended— 

(1) in paragraph (7)(B) by striking ‘‘; and’’ 

and inserting ‘‘, that is not an Indian tribal 

government as defined in paragraph (6); 

and’’; 

(2) by redesignating paragraphs (6) through 

(10) as paragraphs (7) through (11), respectively; 

(3) by inserting after paragraph (5) the following: 

‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 

‘Indian tribal government’ means the governing body of any Indian or Alaska Native 

tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under 

the Federally Recognized Indian Tribe List 

Act of 1994 (25 U.S.C. 479a et seq.).’’; and 

(4) by adding at the end the following: 

‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief 

Executive’ means the person who is recognized by the Secretary of the Interior as the 

chief elected administrative officer of an Indian tribal government.’’. 

(d) REFERENCES.—Title I of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding after section 102 the following: 

‘‘SEC. 103. REFERENCES. 

‘‘Except as otherwise specifically provided, 

any reference in this Act to ‘State and local’, 

‘State or local’, or ‘State, local’ with respect 

to governments or officials and any reference to a ‘local government’ in section 417 

is deemed to refer also to Indian tribal governments and officials, as appropriate.’’. 

(e) REGULATIONS.— 

(1) ISSUANCE.—The President shall issue 

regulations to carry out the amendments 

made by this section. 

(2) FACTORS.—In issuing the regulations, 

the President shall consider the unique conditions that affect the general welfare of Indian tribal governments. 

SEC. 211. INDIVIDUAL ASSISTANCE FACTORS. 

In order to provide more objective criteria 

for evaluating the need for assistance to individuals and to speed a declaration of a 

major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

not later than 1 year after the date of enactment of this Act, the Administrator of the 

Federal Emergency Management Agency, in 

cooperation with representatives of State, 

tribal, and local emergency management 

agencies, shall review, update, and revise 

through rulemaking the factors considered 

under section 206.48 of title 44, Code of Federal Regulations (including section 

206.48(b)(2) of such title relating to trauma 

and the specific conditions or losses that 

contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 

SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM. 

(a) PILOT PROGRAM.— 


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September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6109 

(1) IN GENERAL.—The President, acting 

through the Administrator of the Federal 

Emergency Management Agency, and in coordination with States, tribal and local governments, and owners or operators of private 

non-profit facilities, shall establish and conduct a pilot program to— 

(A) reduce the costs to the Government of 

providing assistance to States, tribal and 

local governments, and owners or operators 

of private non-profit facilities under section 

406 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 

5172) (referred to in this section as the 

‘‘Act’’); 

(B) increase flexibility in the administration of section 406 of such Act; and 

(C) expedite the provision of assistance to 

States, tribal, and local governments provided under section 406 of the Act. 

(2) PARTICIPATION.—Only States, tribal and 

local governments, and owners or operators 

of private non-profit facilities that elect to 

participate in the pilot program may participate in the pilot program for their projects. 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—For the purposes of the 

pilot program, the Administrator shall establish new procedures to administer assistance provided under section 406 of the Act. 

(B) NEW PROCEDURES.—The new procedures 

established under subparagraph (A) shall include— 

(i) making grants on the basis of estimates 

agreed to by the State, tribal, or local government, or owner or operator of a private 

non-profit facility and the Administrator to 

provide financial incentives and disincentives for the State, tribal, or local government, or owner or operator of a private nonprofit 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 costeffective activities that reduce the risk of future damage, hardship, or suffering from a 

major disaster. 

(4) WAIVER.—The Administrator may waive 

such regulations or rules applicable to the 

provisions of assistance in section 406 of the 

Act as the Administrator determines are 

necessary to carry out the pilot program 

under this section. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than October 31, 

2015, the Administrator shall submit to the 

Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Homeland Security 

and Governmental Affairs of the Senate a report regarding the effectiveness of the pilot 

program under this section. 

(2) CONTENTS.—The report submitted under 

paragraph (1) shall include— 

(A) an assessment by the Administrator of 

any administrative or financial benefits of 

the pilot program; 

(B) an assessment by the Administrator of 

the effect, including any savings in time and 

cost, of the pilot program; 

(C) any other findings and conclusions of 

the Administrator with respect to the pilot 

program; and 

(D) any recommendations of the Administrator for additional authority to continue 

or make permanent the pilot program. 

(c) DEADLINE FOR INITIATION OF IMPLEMENTATION.—Not later than 90 days after the 

date of enactment of this Act, the Administrator shall begin implementation of the 

pilot program under this section. 

(d) PILOT PROGRAM DURATION.—The Administrator may not approve a project under the 

pilot program under this section after December 31, 2014. 

SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL 

PROCEDURES. 

(a) IN GENERAL.—The President, acting 

through the Administrator of the Federal 

Emergency Management Agency, shall establish new procedures to administer assistance for debris and wreckage removal provided under sections 403(a)(3)(A), 407, and 

502(a)(5) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 

U.S.C. 5170b(a)(3)(A), 5173, and 5192(a)(5)). 

(b) NEW PROCEDURES.—The new procedures 

established under subsection (a) may include— 

(1) making grants on the basis of fixed estimates to provide financial incentives and 

disincentives for the timely or cost effective 

completion of projects under sections 

403(a)(3)(A), 407, and 502(a)(5) of such Act if 

the State, tribal, or local government, or 

owner or operator of the private non-profit 

facility agrees to be responsible to pay for 

any actual costs that exceed the estimate; 

(2) using a sliding scale for the Federal 

share for removal of debris and wreckage 

based on the time it takes to complete debris 

and wreckage removal; 

(3) allowing utilization of program income 

from recycled debris without offset to grant 

amount; 

(4) reimbursing base and overtime wages 

for employees and extra hires of a State, 

tribal, or local government, or owner or operator of a private non-profit facility performing or administering debris and wreckage removal; and 

(5) notwithstanding any other provision of 

law, if the actual costs of projects under subsection (b)(1) are less than the estimated 

costs thereof, the Administrator may permit 

a grantee or sub grantee to use all or part of 

the excess funds for any of the following purposes: 

(A) Debris management planning. 

(B) Acquisition of debris management 

equipment for current or future use. 

(C) Other activities to improve future debris removal operations, as determined by 

the Administrator. 

SEC. 214. USE OF FUNDS. 

Unless otherwise specified in this Act, the 

Administrator of the Federal Emergency 

Management Agency shall use amounts authorized pursuant to section 699 of the PostKatrina Emergency Management Reform Act 

of 2006 (6 U.S.C. 811) for reviews, reports, and 

studies included in this Act. 

SEC. 215. REDUCTION OF AUTHORIZATION FOR 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS. 

Section 662(f)(5) of the Post-Katrina Emergency Management Reform Act of 2006 (6 

U.S.C. 762) is amended by striking 

‘‘$950,000,000’’ and inserting ‘‘$946,600,000’’. 

SEC. 216. TECHNICAL CORRECTION. 

Section 202(c) of the Robert T. Stafford 

Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5132(c)) is amended by striking 

‘‘section 611(c)’’ and inserting ‘‘section 

611(d)’’. 

SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT 

REAUTHORIZATION. 

(a) SHORT TITLE.—This section may be 

cited as the ‘‘Dam Safety Act of 2012’’. 

(b) PURPOSE.—The purpose of this section 

is to reduce the risks to life and property 

from dam failure in the United States 

through the reauthorization of an effective 

national dam safety program that brings together the expertise and resources of Federal 

and non-Federal communities in achieving 

national dam safety hazard reduction. 

(c) AMENDMENTS TO THE NATIONAL DAM

SAFETY PROGRAM ACT.— 

(1) ADMINISTRATOR.— 

(A) IN GENERAL.—The National Dam Safety 

Program Act (33 U.S.C. 467 et seq.) is amended by striking ‘‘Director’’ each place it appears and inserting ‘‘Administrator’’. 

(B) CONFORMING AMENDMENT.—Section 2(3) 

of such Act (33 U.S.C. 467(3)) is amended in 

the paragraph heading by striking ‘‘DIRECTOR’’ and inserting ‘‘ADMINISTRATOR’’. 

(2) INSPECTION OF DAMS.—Section 3(b)(1) of 

such Act (33 U.S.C. 467a(b)(1)) is amended by 

striking ‘‘or maintenance’’ and inserting 

‘‘maintenance, condition, or provision for 

emergency operations’’. 

(3) NATIONAL DAM SAFETY PROGRAM.— 

(A) OBJECTIVES.—Section 8(c)(4) of such 

Act (33 U.S.C. 467f(c)(4)) is amended to read 

as follows: 

‘‘(4) develop and implement a comprehensive dam safety hazard education and public 

awareness program to assist the public in 

mitigating against, preparing for, responding 

to, and recovering from dam incidents;’’. 

(B) BOARD.—Section 8(f)(4) of such Act (33 

U.S.C. 467f(f)(4)) is amended by inserting ‘‘, 

representatives from nongovernmental organizations,’’ after ‘‘State agencies’’. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

(A) NATIONAL DAM SAFETY PROGRAM.— 

(i) ANNUAL AMOUNTS.—Section 13(a)(1) of 

such Act (33 U.S.C. 467j(a)(1)) is amended by 

striking ‘‘$6,500,000 for fiscal year 2007, 

$7,100,000 for fiscal year 2008, $7,600,000 for fiscal year 2009, $8,300,000 for fiscal year 2010, 

and $9,200,000 for fiscal year 2011’’ and inserting ‘‘$8,024,000 for each of fiscal years 2012 

through 2015’’. 

(ii) MAXIMUM AMOUNT OF ALLOCATION.— 

(I) IN GENERAL.—Section 13(a)(2)(B) of such 

Act (33 U.S.C. 467j(a)(2)(B)) is amended by 

striking ‘‘50 percent of the reasonable cost of 

implementing the State dam safety program’’ and inserting ‘‘the amount of funds 

committed by the State to implement dam 

safety program activities’’. 

(II) APPLICABILITY.—The amendment made 

by subclause (I) shall apply to fiscal year 

2013 and each fiscal year thereafter. 

(B) NATIONAL DAM INVENTORY.—Section 

13(b) of such Act (33 U.S.C. 467j(b)) is amended by striking ‘‘$650,000 for fiscal year 2007, 

$700,000 for fiscal year 2008, $750,000 for fiscal 

year 2009, $800,000 for fiscal year 2010, and 

$850,000 for fiscal year 2011’’ and inserting 

‘‘$383,000 for each of fiscal years 2012 through 

2015’’. 

(C) RESEARCH.—Section 13(c) of such Act 

(33 U.S.C. 467j(c)) is amended by striking 

‘‘$1,600,000 for fiscal year 2007, $1,700,000 for 

fiscal year 2008, $1,800,000 for fiscal year 2009, 

$1,900,000 for fiscal year 2010, and $2,000,000 

for fiscal year 2011’’ and inserting ‘‘$1,000,000 

for each of fiscal years 2012 through 2015’’. 

(D) DAM SAFETY TRAINING.—Section 13(d) of 

such Act (33 U.S.C. 467j(d)) is amended by 

striking ‘‘$550,000 for fiscal year 2007, $600,000 

for fiscal year 2008, $650,000 for fiscal year 

2009, $700,000 for fiscal year 2010, and $750,000 

for fiscal year 2011’’ and inserting ‘‘$750,000 

for each of fiscal years 2012 through 2015’’. 


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H6110 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

(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’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

California (Mr. DENHAM) and the gentlewoman from the District of Columbia (Ms. NORTON) each will control 20 

minutes. 

The Chair recognizes the gentleman 

from California. 

GENERAL LEAVE

Mr. DENHAM. Mr. Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days in which to 

revise and extend their remarks and include extraneous material on H.R. 2903, 

as amended. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

b 1710 

Mr. DENHAM. Mr. Speaker, I yield 

myself such time as I may consume. 

H.R. 2903, the FEMA Reauthorization 

Act, would reauthorize FEMA and 

make important reforms that will save 

money and speed up disaster recovery. 

It keeps FEMA funding at current levels and fully complies with House budget rules, and it includes bipartisan provisions passed by the House last Congress. This legislation is the product of 

key Members working together to 

produce real reforms. 

First, let me thank Chairman JOHN

MICA, the chairman of the Transportation and Infrastructure Committee, 

for his strong leadership and work on 

this legislation. 

I also want to thank Ranking Member NORTON, of the subcommittee, for 

her help in drafting legislation that 

protects our first responders, incorporates real reforms, and strengthens 

our emergency management capability. 

The legislation also incorporates a 

top priority of the ranking member’s of 

the full committee, Mr. RAHALL’s, 

which enables Indian tribes to request 

disaster declarations—provisions I support. I thank him for his work on these 

important provisions. 

I also want to thank Chairman KING

of the Committee on Homeland Security and to thank Chairman BILIRAKIS

of the Subcommittee on Emergency 

Preparedness, Response, and Communications for their leadership and 

working with us on the integrated public alert and warning system provisions 

of the bill. I look forward to working 

with the Committee on Homeland Security on other important issues. 

Finally, I want to thank the gentlemen from New York and Missouri, Mr. 

HANNA and Mr. CARNAHAN, for their 

work and leadership on reauthorizing 

the National Dam Safety Program included in this bill. 

I am also pleased that this legislation has wide support from key stakeholders representing first responders, 

State and local officials, tribal communities, and the private sector. 

We have received letters endorsing 

provisions in this bill from the National Emergency Management Association, the International Association 

of Emergency Managers, the National 

Alliance of State Broadcasting Associations, the National Association of 

Broadcasters, the National Association 

of Counties, the Association of State 

Dam Safety Officials, the Disaster Recovery Contractors Association, the 

National Task Force Representative 

for the 28 sponsoring agencies of Urban 

Search and Rescue Task Forces, and 

tribal communities around the Nation. 

The Transportation and Infrastructure Committee has a long tradition of 

approaching FEMA and emergency 

management issues in a bipartisan 

manner. Disasters don’t follow political boundaries, and ensuring we are 

prepared is critical to our Nation. 

From major hurricanes to floods, 

earthquakes, tornadoes, wildfires, nuclear accidents, and terrorist attacks, 

the costs of disasters can be significant, not just in terms of economic 

costs, but in the devastation to lives, 

homes, and communities. A good response to a disaster is critical to saving lives and minimizing damage, but 

recovering from such devastation is the 

key to rebuilding local economies and 

in helping people put their lives back 

together. 

After Hurricane Katrina, Congress 

authorized FEMA for the first time and 

fundamentally reformed the Nation’s 

disaster response system. Congress rebuilt FEMA and strengthened disaster 

response capabilities. We created a National Preparedness System so that 

States and the Federal Government 

will have the plans and resources in 

place before disaster strikes. But, as 

the reconstruction from Hurricane 

Katrina dragged on and on, it became 

apparent Congress needed to streamline the disaster recovery programs so 

communities can rebuild faster and for 

less money. The longer it takes to rebuild basic infrastructure after a disaster, the longer it takes for a local 

economy and tax base to recover and 

the more it costs Federal taxpayers. 

The FEMA Reauthorization Act includes key reforms to save money by 

cutting through costly and bureaucratic red tape and speeding up reconstruction. For example, at one of our 

subcommittee hearings last year, the 

inspector general’s office testified that, 

if FEMA just implemented the cost estimating provisions of the Disaster 

Mitigation Act, recovery could be sped 

up significantly and costs minimized. 

H.R. 2903 sets deadlines for FEMA to 

finally implement these commonsense 

provisions, and it makes other changes 

that will save taxpayers money. This 

bill also would make other important 

reforms, including setting a clear 

framework for the development of the 

Integrated Public Alert and Warning 

System, the IPAWS system, to ensure 

money is not wasted. 

At the committee’s request, the GAO 

issued a report in 2009 detailing the key 

problems with FEMA’s development of 

IPAWS. We also heard from many 

stakeholders, including the elderly, 

people with disabilities, as well as from 

industries like the commercial broadcasters and wireless industry, that 

FEMA was not giving them a seat at 

the table as FEMA modernized the system. 

H.R. 2903 sets a clear framework and 

deadlines to ensure key stakeholders 

are a part of FEMA’s modernization of 

the system. This will be critical in ensuring there are effective alerts and 

warnings to the public. In addition to 

these commonsense reforms, this reauthorizes FEMA’s overall management 

budget, the Urban Search and Rescue 

System, and the Emergency Management Assistance Compact. 

This legislation will save lives, save 

money, and help communities that 

have been devastated by disasters to 

recover and rebuild faster. I urge my 

colleagues to support H.R. 2903, as 

amended. 

I reserve the balance of my time. 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON HOMELAND SECURITY, 

Washington, DC, September 17, 2012. 

Hon. JOHN L. MICA, 

Chairman, Committee on Transportation and 

Infrastructure, Rayburn House Office 

Building, Washington, DC. 

DEAR CHAIRMAN MICA: I am writing in regards to the jurisdictional interest of the 

Committee on Homeland Security over provisions in H.R. 2903, the FEMA Reauthorization Act of 2011, which was ordered to be reported by voice vote as amended by the Committee on Transportation and Infrastructure 

on March 8, 2012 and sequentially referred to 

the Committee on Homeland Security on 

September 17, 2012. 

I understand the importance of advancing 

this legislation to the House floor in an expeditious manner. Therefore, the Committee 

on Homeland Security will discharge H.R. 

2903 from further consideration. This action 

is conditional on our mutual understanding 

and agreement that doing so will in no way 

diminish or alter the jurisdiction of the 

Committee on Homeland Security over the 

subject matter included in this or similar 

legislation. In addition, I would like to 

thank you for working with me on modifying 

H.R. 2903 to include provisions that were 

within Chairman Bilirakis’ bill, H.R. 3563, 

the Integrated Public Alert and Warning 

System Modernization Act of 2011. I request 

that you urge the Speaker to appoint members of this Committee to any conference 

committee for consideration of any provisions that fall within the jurisdiction of the 

Committee on Homeland Security in the 

House-Senate conference on this or similar 

legislation. 

I also request that this letter and your response be included during consideration of 

this measure on the House floor. Thank you 

for your consideration of this matter. 

Sincerely, 

PETER T. KING, 

Chairman. 


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HOUSE OF REPRESENTATIVES, COMMITTEE ON TRANSPORTATION AND

INFRASTRUCTURE, 

Washington, DC, September 18, 2012. 

Hon. PETER T. KING

Chairman, Committee on Homeland Security, 

Ford House Office Building, Washington, DC. 

DEAR MR. CHAIRMAN: Thank you for your 

letter regarding the H.R. 2903, the FEMA Reauthorization Act of 2011. I appreciate your 

willingness to support expediting floor consideration of this legislation. 

I understand and agree that your willingness to forgo further consideration of the bill 

is without prejudice to your Committee’s jurisdictional interest in this or similar legislation. In the event a House-Senate conference is convened on H.R. 2903 or similar 

legislation, I would support your request to 

be represented on those provisions over 

which the Committee on Homeland Security 

has jurisdiction. 

I appreciate your cooperation regarding 

this legislation and I will include our letters 

on H.R. 2903 in the Congressional Record during House floor consideration of the bill. 

Sincerely, 

JOHN L. MICA, 

Chairman. 

Ms. NORTON. Mr. Speaker, I yield 

myself such time as I may consume. 

I want to thank the chairman for the 

bipartisan measures this bill contains, 

measures like the Integrated Public 

Alert and Warning System and a number of others. 

I rise in support of H.R. 2903. This bipartisan measure reauthorizes the Federal Emergency Management Agency, 

FEMA; authorizes an Integrated Public 

Alert and Warning System; and includes many provisions that were incorporated into similar legislation in 

past Congresses. I am pleased to see 

them, once again, come to the floor. 

Perhaps we can get them through the 

House and the Senate at some point in 

the near future, because these are not 

controversial matters. 

Despite our broad support for this 

measure, we are disappointed in the authorized levels of funding for FEMA 

and the disaster assistance programs. 

Instead of evaluating the needs of the 

agency and its programs and then establishing the maximum amounts that 

would be appropriate, the Transportation and Infrastructure Committee, 

through this bill, is essentially deferring to the Appropriations Committee 

to tell the authorizers how to do their 

jobs by only authorizing amounts equal 

to the last appropriated amounts. 

Let me be clear, however. If we authorized the maximum that could be 

needed, the budget deficit would not be 

increased. The amount authorized 

merely specifies need while only the 

actual amounts appropriated can affect 

the amounts spent. It is the authorizers who are to speak to need. It is for 

the Members who, in fact, decide how 

to divide the funds, the appropriators, 

once the need is assessed, to decide how 

much the country can afford to spend. 

They need our expert guidance. They 

don’t have it in this bill. 

I would also like to call attention to 

a few important changes included in 

this legislation: 

For example, H.R. 2903 improves 

many of FEMA’s programs and activities, including codifying the debris removal program. The current debris removal program is based on a pilot program from several years ago. We have 

heard firsthand from local governments and emergency management 

professionals about the need to make 

this successful program—a program 

that we have already piloted—permanent to help local communities expedite recovery from disasters. 

In addition, this bill addresses a long 

expressed concern of mine about the 

need to expedite FEMA’s appeals process. Without firm timelines, the current appeals process has led to long and 

unnecessary delays in disaster closeouts. This, in turn, has prevented disaster funds obligated for a specific disaster from being deobligated and returned to the Disaster Relief Fund. 

Last fall, as the Disaster Relief Fund 

was on the brink of running out of 

funds, FEMA was actually able to close 

out several disaster accounts and find 

the necessary funds to finance disaster 

relief until Congress replenished the 

fund. 

b 1720 

Moreover, timely resolution of these 

appeals will allow these funds to be 

used for infrastructure repair, which 

will assist the economic recovery for 

communities hard hit by disasters. 

More than 12 years ago, Congress enacted the Disaster Mitigation Act of 

2000, directing FEMA to begin using 

cost estimating for repair and reconstruction projects to expedite the recovery process and disaster closeout. 

Yet, today, FEMA still has not promulgated regulations to implement this 

provision. H.R. 2903 requires FEMA to 

promulgate these regulations and to 

implement cost estimating within 180 

days of the passage of this act. We 

mean it this time. 

This provision also will eliminate 

one of the most inefficient and ridiculous uses of Federal funds that I know 

of, one that has gotten on my last 

nerve, where FEMA pays not only for 

its own experts, but also for the States’ 

experts, essentially encouraging the 

submission of competing estimates of 

cost repair, instead of each side deciding on a neutral party to, in fact, estimate those costs. 

Finally, FEMA Administrator 

Fugate has requested that I note 

FEMA’s support for section 210 of this 

bill, which would authorize Indian 

tribes to directly make a request to the 

President for a disaster or emergency 

declaration. This provision acknowledges tribal sovereignty, enhances 

FEMA’s working relationship with the 

tribal governments, and improves 

emergency and disaster responsiveness 

throughout Indian Country. Numerous 

Indian tribes have expressed support 

for this provision, as has the National 

Congress of American Indians. 

I want especially to thank the ranking member, Mr. RAHALL, for his leadership on this and other issues in this 

bill. 

Despite my concerns about the authorized amounts in this bill, H.R. 2903 

is good public policy and is necessary 

to eliminate inefficient government actions and to expedite disaster recovery. 

Mr. Speaker, I urge my colleagues to 

join in supporting this bill, and I reserve the balance of my time. 

Mr. DENHAM. Mr. Speaker, I yield 3 

minutes to the gentleman from Oregon, 

chairman of the Subcommittee on 

Communications and Technology, Mr. 

WALDEN, for a colloquy. 

Mr. WALDEN. I thank the chairman, 

and I thank my good friend from California for his terrific work on this bipartisan piece of legislation which is 

very important to the citizens of this 

country. 

I also want to thank you for this colloquy. 

I plan to support your bill, obviously. 

I think it’s a good bill. I just want to 

clarify because I’m concerned that the 

language in section 102 of the bill could 

be construed as authorizing the imposition of requirements on the communications sector. Can you assure me 

that this is not the effect of this language? 

Mr. DENHAM. Will the gentleman 

yield? 

Mr. WALDEN. I yield to the gentleman. 

Mr. DENHAM. This bill in no way authorizes FEMA or anyone else to impose any obligations on any participant in the communications industry. 

Only the FCC can require a participant 

in the communications industry to 

take any action with respect to emergency-related alerts. To make this 

clear, we agree to add language at a 

later stage indicating that nothing in 

this bill requires or allows FEMA or 

any other government entity to require 

any action on the part of the FCC, the 

Department of Commerce, the Office of 

Energy Communications, or any nongovernment entity; nor does it have 

any impact on any existing obligations 

of these entities. 

Mr. WALDEN. I appreciate the gentleman’s comments, and I welcome and 

thank you for them. 

Ms. NORTON. Mr. Speaker, I yield 5 

minutes to the gentlewoman from California (Ms. RICHARDSON). 

Ms. RICHARDSON. Mr. Speaker, I 

want to commend my friend and colleague from California, Chairman 

DENHAM, as well as Ranking Member 

NORTON, for bringing this bill forward 

and for working with me to improve 

the bill. 

I serve in a unique position by serving on both the Transportation and Infrastructure Committee, as well as 

Homeland Security. Although this may 

not be the perfect bill, as some have articulated for the record already, I 

would have preferred, for example, that 

the bill make more explicit FEMA’s 

authority to respond to acts of terrorism, in addition to natural disasters. Yet I believe it is necessary that 

we pass this bill today to ensure that 

the men and women of FEMA have the 


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H6112 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

resources necessary to respond to 

emergencies and disasters in the near 

future. 

I rise in support of the bill, specifically to the language that I added to 

H.R. 2903 in committee, and I believe 

it’s essential to the well-being of the 

American people. Specifically, my language, which was marked up in the 

Committee on Transportation and Infrastructure, and accepted with bipartisan approval, would provide a series 

of checks and balances that keep the 

American public safe. 

First, my language simply would ensure that the Department of Homeland 

Security coordinates and provides 

guidance to the appropriate individuals, officials, and organizations for 

outreach to individuals with disabilities during unforeseen disasters. This 

simple, straightforward language will 

help to keep the disabled, who are the 

most vulnerable and often times experience the greatest challenges during a 

time of disaster, safe during those disasters, and also from terrorist attacks. 

Individuals with disabilities should 

feel as safe and secure in their communities and their work environments as 

individuals without disabilities. Too 

often, however, the needs of people 

with disabilities are not considered in 

emergency planning despite the fact 

that the need for such planning has received an increased focus due to the recent disasters—for example, Hurricane 

Katrina—both natural and man-made. 

FEMA Administrator Craig Fugate 

has stated that: 

At FEMA, we need to do a better job of 

meeting the needs of people with disabilities 

when disaster strikes. We have to start by 

supporting and encouraging our entire emergency management team, including our 

State and local partners, to integrate the 

needs of people with disabilities into all 

planning. 

My language strengthens H.R. 2903 by 

ensuring guidance is given to the individuals with disabilities and facilitates 

cooperation among Federal, State, territorial, local, and tribal governments, 

private organizations, and individuals 

in the implementation of emergency 

preparedness plans related to individuals with disabilities. 

Additionally, I included language 

that would make sure that the integrated public alert and warning system, IPAWS, is properly performing 

and that the system needs to be tested 

regularly. IPAWS is the generation 

platform for transmitting emergency 

alerts. I have the experience of representing in my district, the 37th Congressional District, the largest number 

of Samoans outside of Samoa. If we 

look at that particular incident, and 

had we had a better working system 

similar to what IPAWS will be able to 

do, I believe many lives would not have 

been lost. 

Mr. Speaker, as you know, in November 2011, FEMA conducted a nationwide 

test of the emergency alert system for 

the first time in the system’s 50-year 

existence. The system met with widespread problems. With the ever-changing threat to the environment and 

technological landscape, we cannot afford to wait 50 years to verify if IPAWS 

is fully performing. To do so is irresponsible. In the case of EAS tests, significant gaps in the system’s ability to 

provide a nationwide alert were revealed for the first time. 

My language seeks to make sure that 

IPAWS in the future is regularly tested 

and to encourage the administrator of 

FEMA to test the system at least once 

every 3 years. 

Mr. Speaker, I believe that the language that I submitted was accepted in 

a bipartisan way, strengthens this bill, 

and I encourage my colleagues to support the bill as a whole. 

Mr. DENHAM. Mr. Speaker, I yield 3 

minutes to the gentleman from Florida 

(Mr. BILIRAKIS). 

Mr. BILIRAKIS. Mr. Speaker, I rise 

today in support of H.R. 2903, the 

FEMA Reauthorization Act of 2012, and 

particularly section 102, which authorizes the integrated public alert and 

warning system. 

Section 102 is very similar to H.R. 

3563, legislation that I introduced last 

year to authorize IPAWS, as we call it, 

which was reported by the Committee 

on Homeland Security in March. The 

bill authorizes FEMA’s efforts to provide timely emergency alerts and 

warnings through a range of alerting 

mechanisms and forms of technology. 

Emergency management officials, including officials in my home State of 

Florida, have stressed the value and 

importance of IPAWS to me personally. 

b 1730 

The National Emergency Management Association has publicly supported my IPAWS legislation, and I’m 

pleased to see they support this bill as 

well. 

The Subcommittee on Emergency 

Preparedness, Response, and Communications, which I chair, has conducted 

robust oversight of the IPAWS program during the 112th Congress, having 

held multiple hearings and a briefing 

on the topic. 

I want to thank Chairman DENHAM

for working with me and my staff to 

incorporate some of the provisions of 

my bill that were a product of this 

oversight into the legislation we are 

considering today, including language 

related to individuals with disabilities, 

access and functional needs, language 

ensuring the protection of individual 

privacy, and language regarding the resilience of the system. 

I’m disappointed, however, that language I suggested to include a specific 

reference of the system’s applicability 

to acts of terrorism was not incorporated into the bill. However, I look 

forward to working with Chairman 

DENHAM and our Senate colleagues as 

this bill moves through the legislative 

process to clarify this issue. 

I urge my colleagues to join me in 

supporting this bill. 

Ms. NORTON. I appreciate that 

Chairman DENHAM has brought this 

FEMA reauthorization bill to the floor. 

Mr. Speaker, this bill has now gone 

over a couple of Congresses. The Democrats didn’t get it done, and the Republicans didn’t get it done. It’s really too 

important. I hope that in the 113th 

Congress, this bill can be brought forward early because a lot of very good 

work has been done on the bill. 

Mr. Speaker, I regret that as we sit 

and think about the 112th Congress, it 

will be impossible to think of a single 

major bill passed during these 2 years. 

In order to pass bills, both Houses have 

to get together and compromise. That 

seems to have been impossible, at least 

for this House. 

We are about to leave town in September with a couple of months still to 

go without the middle class tax cuts 

just when the recovery needs a boost; 

in the midst of a drought, without the 

farm bill; and without the Violence 

Against Women Act, which passed with 

an overwhelming bipartisan vote in the 

Senate. What will it take to get something done? I hope the 113th Congress 

proves more productive. 

This has been called a do-nothing 

Congress. I would say this Congress has 

done real harm. To call it a do-nothing 

Congress is to give it more credit than 

it deserves. 

This is a Congress, at least in the 

House, that will be remembered for 

having voted to end Medicare as we 

know it and increase the cost of 

healthcare for seniors by $6,400. The 

112th Congress will be remembered, all 

right, for tax breaks for the wealthy 

and for corporations that ship jobs 

overseas. 

We, in the 112th Congress, have done 

something amazing when you consider 

that we have been in a recession unheard of since the Great Depression. 

We have left the economy entirely to 

the Federal Reserve Board, to monetary policy, by abandoning the job of 

Congress to enact fiscal policy. There 

has been none in the 112th Congress 

that has had any effect on the economy. 

No wonder. We are here for only 8 

days after the August recess. If our Republican majority could have phoned in 

the CR, I believe they would have done 

it, if you look at what is on our plate 

as we get ready to go home. 

We are going home in September 

leaving, unthinkably, even the major 

business of sequestration, the ultimate 

bill that was passed to force us to get 

together and compromise. In leaving 

sequestration on the table, we are leaving a bill that could collapse the entire 

economy. It’s a fitting end for a Congress that did nothing, but in fact, did 

harm. 

I yield back the balance of my time. 

Mr. DENHAM. Mr. Speaker, I yield 

myself such time as I may consume. 

Let me first start by saying I am 

proud that we have got another bipartisan bill here that addresses many different areas from FEMA to IPAWS. 


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Getting the tribal language in here, I 

think, is not only a good bipartisan effort, but one that the administration is 

supporting, as well working directly 

with Director Fugate. I was glad to see 

the administration put out an email on 

the tribal language just a little while 

ago. 

Let me respond to the concern that 

this bill may not allow FEMA to respond to a terrorist attack. It’s just 

not true. 

First, the President used the Stafford 

Act and FEMA to declare a Federal disaster and to respond to every major 

terrorist attack in this country. 

There’s no question FEMA, the Stafford Act, or this bill fully authorizes 

the President to direct any element of 

the Federal Government to respond to 

a terrorist attack. 

Second, one of the most important 

reforms made by this bill is to remove 

the liability cloud hanging over our 

urban search and rescue teams when 

they’re called into Federal service to 

respond to a disaster. 

On September 11, these teams responded to the World Trade Center and 

the Pentagon. They responded to Hurricane Katrina and even the earthquake in Haiti. Many of these brave 

first responders are licensed medical 

professionals or engineers who knowingly put themselves at risk when they 

are federalized and sent to other 

States. 

The urban search and rescue teams 

have waited 10 years to remove this 

cloud over their heads. This bill finally 

fixes that problem. That’s why this bill 

is supported by the urban search and 

rescue teams, the International Association of Fire Chiefs, the National Association of Counties, the National 

Emergency Management Association, 

and the International Association of 

Emergency Managers. 

They also support this bill and support our first responders. Vote for this 

bill. 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from California (Mr. 

DENHAM) that the House suspend the 

rules and pass the bill, H.R. 2903, as 

amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

PROHIBITING USE OF PRESIDENTIAL ELECTION CAMPAIGN 

FUNDS FOR PARTY CONVENTIONS 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to suspend 

the rules and pass the bill (H.R. 5912) to 

amend the Internal Revenue Code of 

1986 to prohibit the use of public funds 

for political party conventions, and to 

provide for the return of previously distributed funds for deficit reduction, as 

amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 5912 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

SECTION 1. PROHIBITING USE OF PRESIDENTIAL 

ELECTION CAMPAIGN FUNDS FOR 

PARTY CONVENTIONS. 

(a) IN GENERAL.—Chapter 95 of the Internal 

Revenue Code of 1986 is amended by striking 

section 9008. 

(b) CLERICAL AMENDMENT.—The table of 

sections of chapter 95 of such Code is amended by striking the item relating to section 

9008. 

SEC. 2. CONFORMING AMENDMENTS. 

(a) AVAILABILITY OF PAYMENTS TO CANDIDATES.—The third sentence of section 

9006(c) of the Internal Revenue Code of 1986 is 

amended by striking ‘‘, section 9008(b)(3),’’. 

(b) REPORTS BY FEDERAL ELECTION COMMISSION.—Section 9009(a) of such Code is amended— 

(1) by adding ‘‘and’’ at the end of paragraph 

(2); 

(2) by striking the semicolon at the end of 

paragraph (3) and inserting a period; and 

(3) by striking paragraphs (4), (5), and (6). 

(c) PENALTIES.—Section 9012 of such Code 

is amended— 

(1) in subsection (a)(1), by striking the second sentence; and 

(2) in subsection (c), by striking paragraph 

(2) and redesignating paragraph (3) as paragraph (2). 

(d) AVAILABILITY OF PAYMENTS FROM PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT.—The second sentence of section 

9037(a) of such Code is amended by striking 

‘‘and for payments under section 9008(b)(3)’’. 

SEC. 3. EFFECTIVE DATE. 

The amendments made by this Act shall 

apply with respect to elections occurring 

after December 31, 2012. 

Amend the title so as to read: ‘‘A bill to 

amend the Internal Revenue Code of 1986 to 

prohibit the use of public funds for political 

party conventions.’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

California (Mr. DANIEL E. LUNGREN) 

and the gentlewoman from Ohio (Ms. 

FUDGE) each will control 20 minutes. 

The Chair recognizes the gentleman 

from California. 

GENERAL LEAVE

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous 

consent that all Members have 5 legislative days to revise and extend their 

remarks. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 

time as I may consume. 

Mr. Speaker, I rise today in support 

of H.R. 5912, which would terminate 

taxpayer financing of party conventions. 

Mr. Speaker, I’m sorry to say that 

party conventions today are by and 

large week-long televised movie sets 

and almost entirely symbolic. Although conventions do provide important insight into party platforms and 

Presidential candidates, spending millions of taxpayer dollars to fund them, 

particularly in today’s environment, is 

simply untenable. 

American taxpayers should not be 

subsidizing political party conventions. 

With our historic levels of deficit 

spending and our national debt over $16 

trillion and climbing, this Congress 

and this President need to be thinking 

very differently about how we use taxpayer dollars. 

b 1740 

Since 1976, approximately $1.5 billion 

has been spent on publicly funding our 

Presidential primaries, our Presidential general elections, and our Presidential party conventions. Each party’s national convention this year received almost $18 million in taxpayer 

funding. While I believe we should be 

getting rid of public funding of Presidential campaigns as well, at a minimum we should pass this commonsense measure to stop financing our 

parties with taxpayers’ dollars. The 

American taxpayer has paid enough for 

this unwise experiment. It should be 

ended. 

Mr. Speaker, this bill, introduced by 

my colleague from Oklahoma, I would 

hope would garner overwhelming bipartisan support. I thank him for introducing it and for his commitment to a 

responsible and efficient stewardship of 

taxpayer dollars. This should stop 

funding going to all party conventions. 

It is a bipartisan solution to a bipartisan problem. 

I urge all my colleagues to support 

H.R. 5912, Mr. Speaker, and I reserve 

the balance of my time. 

Ms. FUDGE. I yield myself such time 

as I may consume. 

I rise today in opposition to H.R. 

5912. H.R. 5912 terminates the public financing of nominating conventions. 

The Presidential Election Campaign 

Fund was created and designed to restore public confidence in the political 

process in a post-Watergate world. 

Since 1976, both parties have requested 

and received public funds to finance 

their nominating conventions, including as recently as this year. The aim of 

H.R. 5912 is to inject more private influence over elections, even though the 

current level is already appallingly 

high. This bill turns over another electoral function to private interests. It 

invites the very corruption the Presidential Election Campaign Fund was 

created to combat. This system needs 

to be reformed, not repealed, and we 

ought to be having a serious debate 

about the outsized role money plays in 

our politics. 

Because the majority has failed to 

act, the ranking member of the House 

Administration Committee, Mr. BRADY

of Pennsylvania, was forced to have his 

own forum on the poisoning effect of 

money in politics. We have not considered the DISCLOSE Act or any legislation of substance to deal with the secret money influencing our politics. 

The Voter Empowerment Act was introduced months ago. Yet absolutely 

nothing has been done to address the 

threat of millions of voters being disenfranchised this November. Most appalling, Mr. Speaker, is the fact that 


smartinez on DSK6TPTVN1PROD with HOUSE