IB 

Union Calendar No. 486 

112TH CONGRESS 

2D SESSION H. R. 2903 

[Report No. 112–674, Part I] 

To reauthorize the programs and activities of the Federal Emergency 

Management Agency. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2011 

Mr. DENHAM (for himself, Ms. NORTON, and Mr. HANNA) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

SEPTEMBER 14, 2012 

Reported with an amendment and referred to the Committee on Homeland Security for a period ending not later than September 17, 2012, for consideration of such provisions of the bill and amendment as fall within the 

jurisdiction of that committee pursuant to clause 1(j) of rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 17, 2012 

The Committee on Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To reauthorize the programs and activities of the Federal 

Emergency Management Agency. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FEMA Reauthoriza5 tion Act of 2011’’. 

6 SEC. 2. REAUTHORIZATION OF URBAN SEARCH AND RES7 CUE RESPONSE SYSTEM. 

8 Section 634 of Public Law 109–295 (6 U.S.C. 722) 

9 is amended by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out the system 

13 $35,250,000 for each of fiscal years 2012 and 2013.’’. 

14 SEC. 3. REAUTHORIZATION OF EMERGENCY MANAGEMENT 

15 ASSISTANCE COMPACT GRANTS. 

16 Section 661 of Public Law 109–295 (6 U.S.C. 761) 

17 is amended by striking subsection (d) and inserting the 

18 following: 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $2,000,000 for each of the fiscal years 2012 and 2013. 

22 Such sums shall remain available until expended.’’. 


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1 SEC. 4. REAUTHORIZATION OF FEDERAL EMERGENCY MAN2 AGEMENT AND ADMINISTRATION. 

3 Section 699 of Public Law 109–295 (6 U.S.C. 811) 

4 is amended: 

5 (1) by striking ‘‘administration and operations’’ 

6 each place it appears and inserting ‘‘management 

7 and administration’’; 

8 (2) in paragraph (2) by striking ‘‘and’’; 

9 (3) in paragraph (3) by striking the period and 

10 inserting ‘‘; and’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(4) for fiscal year 2012, $813,000,000, includ13 ing amounts transferred from the Disaster Relief 

14 Fund; and 

15 ‘‘(5) for fiscal year 2013, $813,000,000, includ16 ing amounts transferred from the Disaster Relief 

17 Fund.’’. 

18 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

20 ‘‘FEMA Reauthorization Act of 2012’’. 

21 (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. 


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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. 

1 TITLE I—REAUTHORIZATION OF 

2 FEMA AND MODERNIZATION 

3 OF INTEGRATED PUBLIC 

4 ALERT AND WARNING SYSTEM 

5 SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY 

6 MANAGEMENT AGENCY. 

7 Section 699 of the Post-Katrina Emergency Manage8 ment Reform Act of 2006 (6 U.S.C. 811) is amended to 

9 read as follows: 

10 ‘‘SEC. 699. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to carry out 

12 this title and the amendments made by this title for the 

13 salaries and expenses of the Agency— 

14 ‘‘(1) for fiscal year 2012, $1,031,378,000, includ15 ing amounts transferred from grant programs; 


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1 ‘‘(2) for fiscal year 2013, $1,031,378,000, includ2 ing amounts transferred from grant programs; and 

3 ‘‘(3) for fiscal year 2014, $1,031,378,000, includ4 ing amounts transferred from grant programs.’’. 

5 SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYS6 TEM MODERNIZATION. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Integrated Public Alert and Warning System Moderniza9 tion Act of 2012’’. 

10 (b) INTEGRATED PUBLIC ALERT AND WARNING SYS11 TEM MODERNIZATION.— 

12 (1) IN GENERAL.—To provide timely and effec13 tive disaster warnings under this section, the Presi14 dent, acting through the Administrator of the Federal 

15 Emergency Management Agency, shall— 

16 (A) modernize the integrated public alert 

17 and warning system of the United States (in this 

18 section referred to as the ‘‘public alert and warn19 ing system’’) to ensure that the President under 

20 all conditions is able to alert and warn govern21 mental authorities and the civilian population 

22 in areas endangered by disasters; and 

23 (B) implement the public alert and warning 

24 system. 


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1 (2) IMPLEMENTATION REQUIREMENTS.—In car2 rying out paragraph (1), the Administrator shall, 

3 consistent with the recommendations in the final re4 port of the Integrated Public Alert and Warning Sys5 tem Advisory Committee (established under subsection 

6 (c))— 

7 (A) establish or adopt, as appropriate, com8 mon alerting and warning protocols, standards, 

9 terminology, and operating procedures for the 

10 public alert and warning system; 

11 (B) include in the public alert and warning 

12 system the capability to adapt the distribution 

13 and content of communications on the basis of 

14 geographic location, risks, or personal user pref15 erences, as appropriate; 

16 (C) include in the public alert and warning 

17 system the capability to alert and warn individ18 uals with disabilities and individuals with lim19 ited English proficiency; 

20 (D) ensure that training, tests, and exercises 

21 are conducted for the public alert and warning 

22 system; 

23 (E) establish and integrate into the Na24 tional Incident Management System a com25 prehensive and periodic training program to inVerDate Mar 15 2010 21:04 Sep 17, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2903.RH H2903

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1 struct and educate Federal, State, Tribal, and 

2 local government officials in the use of the Com3 mon Alerting Protocol enabled Emergency Alert 

4 System; and 

5 (F) consider conducting, at least once every 

6 3 years, periodic nationwide tests of the public 

7 alert and warning system. 

8 (3) SYSTEM REQUIREMENTS.—The public alert 

9 and warning system shall— 

10 (A) incorporate multiple communications 

11 technologies; 

12 (B) be designed to adapt to, and incor13 porate, future technologies for communicating di14 rectly with the public; 

15 (C) be designed to provide alerts to the larg16 est portion of the affected population feasible, in17 cluding nonresident visitors and tourists, and 

18 improve the ability of remote areas to receive 

19 alerts; 

20 (D) promote local and regional public and 

21 private partnerships to enhance community pre22 paredness and response; and 

23 (E) provide redundant alert mechanisms if 

24 practicable so as to reach the greatest number of 

25 people regardless of whether they have access to, 


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1 or utilize, any specific medium of communica2 tion or any particular device. 

3 (4) IMPLEMENTATION PLAN.—Not later than 180 

4 days after the date of submission of the report of the 

5 Integrated Public Alert and Warning System Advi6 sory Committee, the Administrator shall submit to the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on 

9 Homeland Security and Governmental Affairs of the 

10 Senate a detailed plan to implement the public alert 

11 and warning system. The plan shall include a 

12 timeline for implementation, a spending plan, and 

13 recommendations for any additional authority that 

14 may be necessary to fully implement this subsection. 

15 (5) MAXIMUM FUNDS.—The Administrator may 

16 use not more than $13,287,000 of the amount made 

17 available pursuant to section 699 of the Post-Katrina 

18 Emergency Management Reform Act of 2006 (6 

19 U.S.C. 811) for each of fiscal years 2012, 2013, and 

20 2014 to carry out the provisions of this section. 

21 (c) INTEGRATED PUBLIC ALERT AND WARNING SYS22 TEM ADVISORY COMMITTEE.— 

23 (1) ESTABLISHMENT.—Not later than 60 days 

24 after the date of enactment of this Act, the Adminis25 trator of the Federal Emergency Management Agency 


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1 shall establish an advisory committee to be known as 

2 the Integrated Public Alert and Warning System Ad3 visory Committee (in this subsection referred to as the 

4 ‘‘Advisory Committee’’). 

5 (2) MEMBERSHIP.—The Advisory Committee 

6 shall be composed of the following members, to be ap7 pointed by the Administrator as soon as practicable 

8 after the date of enactment of this Act: 

9 (A) The Chairman of the Federal Commu10 nications Commission. 

11 (B) The Administrator of the National Oce12 anic and Atmospheric Administration of the De13 partment of Commerce. 

14 (C) The Assistant Secretary for Commu15 nications and Information of the Department of 

16 Commerce. 

17 (D) Representatives of State and local gov18 ernments, representatives of emergency manage19 ment agencies, and representatives of emergency 

20 response providers, selected from among individ21 uals nominated by national organizations rep22 resenting governments and personnel. 

23 (E) Representatives from federally recog24 nized Indian tribes and national Indian organi25 zations. 


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1 (F) Individuals who have the requisite tech2 nical knowledge and expertise to serve on the Ad3 visory Committee, including representatives of— 

4 (i) communications service providers; 

5 (ii) vendors, developers, and manufac6 turers of systems, facilities, equipment, and 

7 capabilities for the provision of communica8 tions services; 

9 (iii) third-party service bureaus; 

10 (iv) the broadcasting industry; 

11 (v) the national organization rep12 resenting the licensees and permittees of 

13 noncommercial broadcast television stations; 

14 (vi) the cellular industry; 

15 (vii) the cable industry; 

16 (viii) the satellite industry; and 

17 (ix) national organizations rep18 resenting individuals with special needs, in19 cluding individuals with disabilities and 

20 the elderly. 

21 (G) Qualified representatives of such other 

22 stakeholders and interested and affected parties 

23 as the Administrator considers appropriate. 

24 (3) CHAIRPERSON.—The Administrator shall 

25 serve as the Chairperson of the Advisory Committee. 


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1 (4) MEETINGS.— 

2 (A) INITIAL MEETING.—The initial meeting 

3 of the Advisory Committee shall take place not 

4 later than 60 days after the date of enactment of 

5 this Act. 

6 (B) OTHER MEETINGS.—After the initial 

7 meeting, the Advisory Committee shall meet at 

8 the call of the Chairperson. 

9 (C) NOTICE; OPEN MEETINGS.—Meetings 

10 held by the Advisory Committee shall be duly no11 ticed at least 14 days in advance and shall be 

12 open to the public. 

13 (5) RULES.— 

14 (A) QUORUM.—One-third of the members of 

15 the Advisory Committee shall constitute a 

16 quorum for conducting business of the Advisory 

17 Committee. 

18 (B) SUBCOMMITTEES.—To assist the Advi19 sory Committee in carrying out its functions, the 

20 Chairperson may establish appropriate sub21 committees composed of members of the Advisory 

22 Committee and other subject matter experts as 

23 the Chairperson considers necessary. 


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1 (C) ADDITIONAL RULES.—The Advisory 

2 Committee may adopt such other rules as are 

3 necessary to carry out its duties. 

4 (6) RECOMMENDATIONS.—The Advisory Com5 mittee shall develop recommendations for an inte6 grated public alert and warning system, including— 

7 (A) recommendations for common alerting 

8 and warning protocols, standards, terminology, 

9 and operating procedures for the public alert and 

10 warning system; and 

11 (B) recommendations to provide for a pub12 lic alert and warning system that— 

13 (i) has the capability to adapt the dis14 tribution and content of communications on 

15 the basis of geographic location, risks, or 

16 personal user preferences, as appropriate; 

17 (ii) has the capability to alert and 

18 warn individuals with disabilities and in19 dividuals with limited English proficiency; 

20 (iii) incorporates multiple communica21 tions technologies; 

22 (iv) is designed to adapt to, and incor23 porate, future technologies for commu24 nicating directly with the public; 


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1 (v) is designed to provide alerts to the 

2 largest portion of the affected population 

3 feasible, including nonresident visitors and 

4 tourists, and improve the ability of remote 

5 areas to receive alerts; 

6 (vi) promotes local and regional public 

7 and private partnerships to enhance com8 munity preparedness and response; and 

9 (vii) provides redundant alert mecha10 nisms if practicable in order to reach the 

11 greatest number of people regardless of 

12 whether they have access to, or utilize, any 

13 specific medium of communication or any 

14 particular device. 

15 (7) INITIAL AND ANNUAL REPORT.—Not later 

16 than 1 year after the date of enactment of this Act, 

17 the Advisory Committee shall submit to the Adminis18 trator, the Committee on Transportation and Infra19 structure of the House of Representatives, and the 

20 Committee on Homeland Security and Governmental 

21 Affairs of the Senate a report containing the rec22 ommendations of the Advisory Committee. 

23 (8) FEDERAL ADVISORY COMMITTEE ACT.—Nei24 ther the Federal Advisory Committee Act (5 U.S.C. 

25 App.) nor any rule, order, or regulation promulgated 


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1 under that Act shall apply to the Advisory Com2 mittee. 

3 (9) TERMINATION.—The Advisory Committee 

4 shall terminate not later than 3 years after the date 

5 of enactment of this Act. 

6 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

7 Nothing in this section shall be construed to affect the au8 thority of the Department of Commerce or the Federal Com9 munications Commission. 

10 TITLE II—STAFFORD ACT AND 

11 OTHER PROGRAMS 

12 SEC. 201. REAUTHORIZATION OF URBAN SEARCH AND RES13 CUE RESPONSE SYSTEM. 

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

15 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

16 5141 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RE18 SPONSE SYSTEM. 

19 ‘‘(a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis22 trator’ means the Administrator of the Federal Emer23 gency Management Agency. 

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

25 Federal Emergency Management Agency. 


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1 ‘‘(3) HAZARD.—The term ‘hazard’ has the mean2 ing given that term by section 602. 

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

4 term ‘non-employee System member’ means a System 

5 member not employed by a sponsoring agency or par6 ticipating agency. 

7 ‘‘(5) PARTICIPATING AGENCY.—The term ‘par8 ticipating agency’ means a State or local government, 

9 nonprofit organization, or private organization that 

10 has executed an agreement with a sponsoring agency 

11 to participate in the System. 

12 ‘‘(6) SPONSORING AGENCY.—The term ‘spon13 soring agency’ means a State or local government 

14 that is the sponsor of a task force designated by the 

15 Administrator to participate in the System. 

16 ‘‘(7) SYSTEM.—The term ‘System’ means the Na17 tional Urban Search and Rescue Response System to 

18 be administered under this section. 

19 ‘‘(8) SYSTEM MEMBER.—The term ‘System mem20 ber’ means an individual who is not a full-time em21 ployee of the Federal Government and who serves on 

22 a task force or on a System management or other 

23 technical team. 


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

2 an urban search and rescue team designated by the 

3 Administrator to participate in the System. 

4 ‘‘(b) GENERAL AUTHORITY.—Subject to the require5 ments of this section, the Administrator shall continue to 

6 administer the emergency response system known as the Na7 tional Urban Search and Rescue Response System. 

8 ‘‘(c) FUNCTIONS.—In administering the System, the 

9 Administrator shall provide for a national network of 

10 standardized search and rescue resources to assist States 

11 and local governments in responding to hazards. 

12 ‘‘(d) TASK FORCES.— 

13 ‘‘(1) DESIGNATION.—The Administrator shall 

14 designate task forces to participate in the System. The 

15 Administrator shall determine the criteria for such 

16 participation. 

17 ‘‘(2) SPONSORING AGENCIES.—Each task force 

18 shall have a sponsoring agency. The Administrator 

19 shall enter into an agreement with the sponsoring 

20 agency with respect to the participation of each task 

21 force in the System. 

22 ‘‘(3) COMPOSITION.— 

23 ‘‘(A) PARTICIPATING AGENCIES.—A task 

24 force may include, at the discretion of the spon25 soring agency, 1 or more participating agencies. 


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1 The sponsoring agency shall enter into an agree2 ment with each participating agency of the task 

3 force with respect to the participation of the par4 ticipating agency on the task force. 

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

6 may also include, at the discretion of the spon7 soring agency, other individuals not otherwise 

8 associated with the sponsoring agency or a par9 ticipating agency of the task force. The spon10 soring agency of a task force may enter into a 

11 separate agreement with each such individual 

12 with respect to the participation of the indi13 vidual on the task force. 

14 ‘‘(e) MANAGEMENT AND TECHNICAL TEAMS.—The Ad15 ministrator shall maintain such management teams and 

16 other technical teams as the Administrator determines are 

17 necessary to administer the System. 

18 ‘‘(f) APPOINTMENT OF SYSTEM MEMBERS INTO FED19 ERAL SERVICE.— 

20 ‘‘(1) IN GENERAL.—The Administrator may ap21 point a System member into Federal service for a pe22 riod of service to provide for the participation of the 

23 System member in exercises, preincident staging, 

24 major disaster and emergency response activities, and 


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1 training events sponsored or sanctioned by the Ad2 ministrator. 

3 ‘‘(2) NONAPPLICABILITY OF CERTAIN CIVIL SERV4 ICE LAWS.—The Administrator may make appoint5 ments under paragraph (1) without regard to the pro6 visions of title 5, United States Code, governing ap7 pointments in the competitive service. 

8 ‘‘(3) RELATIONSHIP TO OTHER AUTHORITIES.— 

9 The authority of the Administrator to make appoint10 ments under this subsection shall not affect any other 

11 authority of the Administrator under this Act. 

12 ‘‘(4) LIMITATION.—A System member who is ap13 pointed into Federal service under paragraph (1) 

14 shall not be considered an employee of the United 

15 States for purposes other than those specifically set 

16 forth in this section. 

17 ‘‘(g) COMPENSATION.— 

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

19 terms and conditions as the Administrator may im20 pose by regulation, the Administrator shall make pay21 ments to the sponsoring agency of a task force— 

22 ‘‘(A) to reimburse each employer of a Sys23 tem member on the task force for compensation 

24 paid by the employer to the System member for 

25 any period during which the System member is 


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1 appointed into Federal service under subsection 

2 (f)(1); and 

3 ‘‘(B) to make payments directly to a non4 employee System member on the task force for 

5 any period during which the non-employee Sys6 tem member is appointed into Federal service 

7 under subsection (f)(1). 

8 ‘‘(2) REIMBURSEMENT FOR EMPLOYEES FILLING

9 POSITIONS OF SYSTEM MEMBERS.— 

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

11 and conditions as the Administrator may impose 

12 by regulation, the Administrator shall make pay13 ments to the sponsoring agency of a task force to 

14 reimburse each employer of a System member on 

15 the task force for compensation paid by the em16 ployer to an employee filling a position normally 

17 filled by the System member for any period dur18 ing which the System member is appointed into 

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

20 ‘‘(B) LIMITATION.—Costs incurred by an 

21 employer shall be eligible for reimbursement 

22 under subparagraph (A) only to the extent that 

23 the costs are in excess of the costs that would 

24 have been incurred by the employer had the SysVerDate Mar 15 2010 21:04 Sep 17, 2012 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H2903.RH H2903

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1 tem member not been appointed into Federal 

2 service under subsection (f)(1). 

3 ‘‘(3) METHOD OF PAYMENT.—A System member 

4 shall not be entitled to pay directly from the Agency 

5 for a period during which the System member is ap6 pointed into Federal service under subsection (f)(1). 

7 ‘‘(h) PERSONAL INJURY, ILLNESS, DISABILITY, OR

8 DEATH.— 

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

10 appointed into Federal service under subsection (f)(1) 

11 and who suffers personal injury, illness, disability, or 

12 death as a result of a personal injury sustained while 

13 acting in the scope of such appointment shall, for the 

14 purposes of subchapter I of chapter 81 of title 5, 

15 United States Code, be treated as though the member 

16 were an employee (as defined by section 8101 of that 

17 title) who had sustained the injury in the perform18 ance of duty. 

19 ‘‘(2) ELECTION OF BENEFITS.— 

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

21 (or, in the case of the death of the System mem22 ber, the System member’s dependent) is enti23 tled— 

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

25 benefits under subchapter I of chapter 81 of 


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1 title 5, United States Code, by reason of 

2 personal injury, illness, disability, or death, 

3 and 

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

5 local government by reason of the same per6 sonal injury, illness, disability, or death, 

7 the System member or dependent shall elect to 

8 receive either the benefits referred to in clause (i) 

9 or (ii). 

10 ‘‘(B) DEADLINE.—A System member or de11 pendent shall make an election of benefits under 

12 subparagraph (A) not later than 1 year after the 

13 date of the personal injury, illness, disability, or 

14 death that is the reason for the benefits or until 

15 such later date as the Secretary of Labor may 

16 allow for reasonable cause shown. 

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

18 benefits made under this paragraph is irrev19 ocable unless otherwise provided by law. 

20 ‘‘(3) REIMBURSEMENT FOR STATE OR LOCAL

21 BENEFITS.—Subject to such terms and conditions as 

22 the Administrator may impose by regulation, in the 

23 event that a System member or dependent elects bene24 fits from a State or local government under para25 graph (2)(A), the Administrator shall reimburse the 


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1 State or local government for the value of those bene2 fits. 

3 ‘‘(i) LIABILITY.—A System member appointed into 

4 Federal service under subsection (f)(1), while acting within 

5 the scope of the appointment, is deemed an employee of the 

6 Government under section 1346(b) of title 28, United States 

7 Code, and chapter 171 of that title, relating to tort claims 

8 procedure. 

9 ‘‘(j) EMPLOYMENT AND REEMPLOYMENT RIGHTS.— 

10 With respect to a System member who is not a regular full11 time employee of a sponsoring agency or participating 

12 agency, the following terms and conditions apply: 

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

14 ‘service in the uniformed services’ for purposes of 

15 chapter 43 of title 38, United States Code, relating to 

16 employment and reemployment rights of individuals 

17 who have performed service in the uniformed services 

18 (regardless of whether the individual receives com19 pensation for such participation). All rights and obli20 gations of such persons and procedures for assistance, 

21 enforcement, and investigation shall be as provided 

22 for in such chapter. 

23 ‘‘(2) Preclusion of giving notice of service by ne24 cessity of appointment under this section is deemed 

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1 tion 4312(b) of title 38, United States Code, per2 taining to giving notice of absence from a position of 

3 employment. A determination of such necessity shall 

4 be made by the Administrator and shall not be subject 

5 to judicial review. 

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

7 holds a valid license, certificate, or other permit issued by 

8 any State or other governmental jurisdiction evidencing the 

9 member’s qualifications in any professional, mechanical, or 

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

11 System member is deemed to be performing a Federal activ12 ity when rendering aid involving such skill or assistance 

13 during a period of appointment into Federal service under 

14 subsection (f)(1). 

15 ‘‘(l) ADVISORY COMMITTEE.— 

16 ‘‘(1) IN GENERAL.—The Administrator shall es17 tablish and maintain an advisory committee to pro18 vide expert recommendations to the Administrator in 

19 order to assist the Administrator in administering the 

20 System. 

21 ‘‘(2) COMPOSITION.—The advisory committee 

22 shall be composed of members from geographically di23 verse areas, and shall include— 

24 ‘‘(A) the chief officer or senior executive 

25 from at least 3 sponsoring agencies; 


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1 ‘‘(B) the senior emergency manager from at 

2 least 2 States that include sponsoring agencies; 

3 and 

4 ‘‘(C) at least 1 representative recommended 

5 by the leaders of the task forces. 

6 ‘‘(3) INAPPLICABILITY OF TERMINATION RE7 QUIREMENT.—Section 14(a)(2) of the Federal Advi8 sory Committee Act (5 U.S.C. App.) shall not apply 

9 to the advisory committee under this subsection. 

10 ‘‘(m) PREPAREDNESS COOPERATIVE AGREEMENTS.— 

11 ‘‘(1) IN GENERAL.—Subject to the availability of 

12 appropriations for such purpose, the Administrator 

13 shall enter into an annual preparedness cooperative 

14 agreement with each sponsoring agency. Amounts 

15 made available to a sponsoring agency under such a 

16 preparedness cooperative agreement shall be for the 

17 following purposes: 

18 ‘‘(A) Training and exercises, including 

19 training and exercises with other Federal, State, 

20 and local government response entities. 

21 ‘‘(B) Acquisition and maintenance of equip22 ment, including interoperable communications 

23 and personal protective equipment. 

24 ‘‘(C) Medical monitoring required for re25 sponder safety and health in anticipation of and 


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1 following a major disaster, emergency, or other 

2 hazard, as determined by the Administrator. 

3 ‘‘(2) AVAILABILITY OF APPROPRIATIONS.—Not4 withstanding section 1552(b) of title 31, United 

5 States Code, amounts made available for cooperative 

6 agreements under this subsection that are not ex7 pended shall be deposited in an Agency account and 

8 shall remain available for such agreements without 

9 fiscal year limitation. 

10 ‘‘(n) RESPONSE COOPERATIVE AGREEMENTS.—The 

11 Administrator shall enter into a response cooperative agree12 ment with each sponsoring agency, as appropriate, under 

13 which the Administrator agrees to reimburse the sponsoring 

14 agency for costs incurred by the sponsoring agency in re15 sponding to a major disaster or emergency. 

16 ‘‘(o) OBLIGATIONS.—The Administrator may incur all 

17 necessary obligations consistent with this section in order 

18 to ensure the effectiveness of the System. 

19 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) IN GENERAL.—There is authorized to be ap21 propriated to carry out the System and the provisions 

22 of this section $35,250,000 for each of fiscal years 

23 2012, 2013, and 2014. 

24 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Admin25 istrator may use not to exceed 6 percent of the funds 


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1 appropriated for a fiscal year pursuant to paragraph 

2 (1) for salaries, expenses, and other administrative 

3 costs incurred by the Administrator in carrying out 

4 this section.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) APPLICABILITY OF TITLE 5, UNITED STATES

7 CODE.—Section 8101(1) of title 5, United States 

8 Code, is amended— 

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

10 at the end; 

11 (B) by moving subparagraph (F) to appear 

12 after subparagraph (E); 

13 (C) in subparagraph (F)— 

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

15 and 

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

17 (D) by inserting after subparagraph (F) the 

18 following: 

19 ‘‘(G) an individual who is a System mem20 ber of the National Urban Search and Rescue 

21 Response System during a period of appoint22 ment into Federal service pursuant to section 

23 327 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act;’’. 


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1 (2) INCLUSION AS PART OF UNIFORMED SERV2 ICES FOR PURPOSES OF USERRA.—Section 4303 of 

3 title 38, United States Code, is amended— 

4 (A) in paragraph (13) by inserting ‘‘, a pe5 riod for which a System member of the National 

6 Urban Search and Rescue Response System is 

7 absent from a position of employment due to an 

8 appointment into Federal service under section 

9 327 of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act’’ before ‘‘, and a pe11 riod’’; and 

12 (B) in paragraph (16) by inserting after 

13 ‘‘Public Health Service,’’ the following: ‘‘System 

14 members of the National Urban Search and Res15 cue Response System during a period of appoint16 ment into Federal service under section 327 of 

17 the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act,’’. 

19 SEC. 202. REAUTHORIZATION OF EMERGENCY MANAGE20 MENT ASSISTANCE COMPACT GRANTS. 

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

22 T. Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5196 et seq.) is amended by adding at the end 

24 the following: 


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1 ‘‘SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COM2 PACT GRANTS. 

3 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

4 Emergency Management Agency may make grants to pro5 vide for implementation of the Emergency Management As6 sistance Compact consented to by Congress in the joint reso7 lution entitled ‘Joint resolution granting the consent of 

8 Congress to the Emergency Management Assistance Com9 pact’ (Public Law 104–321; 110 Stat. 3877). 

10 ‘‘(b) ELIGIBLE GRANT RECIPIENTS.—States and the 

11 Administrator of the Emergency Management Assistance 

12 Compact shall be eligible to receive grants under subsection 

13 (a). 

14 ‘‘(c) USE OF FUNDS.—A grant received under this sec15 tion shall be used— 

16 ‘‘(1) to carry out recommendations identified in 

17 the Emergency Management Assistance Compact 

18 after-action reports for the 2004 and 2005 hurricane 

19 seasons; 

20 ‘‘(2) to administer compact operations on behalf 

21 of States, as such term is defined in the compact, that 

22 have enacted the compact; 

23 ‘‘(3) to continue coordination with the Federal 

24 Emergency Management Agency and appropriate 

25 Federal agencies; 


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1 ‘‘(4) to continue coordination with States and 

2 local governments and their respective national orga3 nizations; and 

4 ‘‘(5) to assist State and local governments, emer5 gency response providers, and organizations rep6 resenting such providers with credentialing the pro7 viders and the typing of emergency response resources. 

8 ‘‘(d) COORDINATION.—The Administrator of the Fed9 eral Emergency Management Agency shall consult with the 

10 Administrator of the Emergency Management Assistance 

11 Compact to ensure effective coordination of efforts in re12 sponding to requests for assistance. 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $2,000,000 for each of the fiscal years 2012, 2013, and 2014. 

16 Such sums shall remain available until expended.’’. 

17 (b) REPEAL.—Section 661 of the Post-Katrina Emer18 gency Management Reform Act of 2006 (6 U.S.C. 761) is 

19 repealed. 

20 SEC. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST 

21 OTHER DISASTER SURVIVORS. 

22 Title III of the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act as amended by this Act is further 

24 amended by adding at the end the following: 


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1 ‘‘SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, 

2 AND EQUIPMENT. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other provi4 sion of law, if the President determines that materials, sup5 plies, or equipment acquired by the President pursuant to 

6 title IV or V for response or recovery efforts in connection 

7 with a major disaster or emergency are in excess of the 

8 amount needed for those efforts, the President may transfer 

9 the excess materials, supplies, or equipment directly to a 

10 State, local government, or relief or disaster assistance orga11 nization for the purpose of— 

12 ‘‘(1) assisting disaster survivors in other major 

13 disasters and emergencies; and 

14 ‘‘(2) assisting survivors in incidents caused by a 

15 hazard that do not result in a declaration of a major 

16 disaster or emergency if the Governor of the affected 

17 State certifies that— 

18 ‘‘(A) there is an urgent need for the mate19 rials, supplies, or equipment; and 

20 ‘‘(B) the State is unable to provide the ma21 terials, supplies, or equipment in a timely man22 ner. 

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

24 ‘hazard’ has the meaning given that term by section 602.’’. 


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1 SEC. 204. STORAGE, SALE, TRANSFER, AND DISPOSAL OF 

2 HOUSING UNITS. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of FEMA. 

7 (2) EMERGENCY; MAJOR DISASTER.—The terms 

8 ‘‘emergency’’ and ‘‘major disaster’’ have the meanings 

9 given such terms in section 102 of the Stafford Act 

10 (42 U.S.C. 5122). 

11 (3) FEMA.—The term ‘‘FEMA’’ means the Fed12 eral Emergency Management Agency. 

13 (4) HAZARD.—The term ‘‘hazard’’ has the mean14 ing given such term in section 602 of the Stafford Act 

15 (42 U.S.C. 5195a). 

16 (5) STAFFORD ACT.—The term ‘‘Stafford Act’’ 

17 means the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

19 (b) NEEDS ASSESSMENT; ESTABLISHMENT OF CRI20 TERIA.—Not later than 90 days after the date of enactment 

21 of this Act, the Administrator shall complete an assessment 

22 to determine the number of temporary housing units that 

23 FEMA needs to maintain in stock to respond appropriately 

24 to emergencies or major disasters occurring after the date 

25 of enactment of this Act. 

26 (c) PLAN.— 


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

2 the date of enactment of this Act, the Administrator 

3 shall establish a plan and guidelines for— 

4 (A) storing the number of temporary hous5 ing units that FEMA needs to maintain in 

6 stock, as determined by the Administrator under 

7 subsection (b); and 

8 (B) selling, transferring, donating, or other9 wise disposing of the temporary housing units in 

10 the inventory of FEMA that are in excess of the 

11 number of temporary housing units that FEMA 

12 needs to maintain in stock, as determined by the 

13 Administrator under subsection (b). 

14 (2) REPORT.— 

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

16 after the date of enactment of this Act and annu17 ally thereafter, the Administrator shall submit to 

18 the Committee on Transportation and Infra19 structure of the House of Representatives and the 

20 Committee on Homeland Security and Govern21 mental Affairs of the Senate a report on the ac22 tions that the Administrator has taken to estab23 lish and implement the plan and guidelines es24 tablished under paragraph (1). 


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1 (B) REQUIRED INFORMATION.—In each re2 port submitted under subparagraph (A), the Ad3 ministrator shall document the number of tem4 porary housing units remaining in the inventory 

5 of FEMA and the number of units sold, trans6 ferred, donated, and otherwise disposed of pursu7 ant to this section. 

8 (3) UPDATE.—The Administrator shall update 

9 the plan established under paragraph (1) as necessary 

10 to ensure that the Administrator maintains in the in11 ventory of FEMA only those temporary housing units 

12 that are needed to respond appropriately to emer13 gencies or major disasters. 

14 (d) TRANSFER OF TEMPORARY HOUSING UNITS TO

15 STATES.— 

16 (1) IN GENERAL.—Notwithstanding section 

17 408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)), 

18 and subject to the requirements of paragraph (2), the 

19 Administrator may transfer or donate to States, on a 

20 priority basis, pursuant to subsection (c)(1)(B), excess 

21 temporary housing units in the inventory of FEMA. 

22 (2) STATE REQUESTS.— 

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

24 after the date of enactment of this Act, a State 

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1 ceive excess temporary housing units under 

2 paragraph (1). 

3 (B) ELIGIBILITY.—A State shall be eligible 

4 to receive excess temporary housing units under 

5 paragraph (1) if the State agrees— 

6 (i) to use the units to provide tem7 porary housing to survivors of incidents 

8 that are caused by hazards and that the 

9 Governor of the State determines require 

10 State assistance; 

11 (ii) to pay to store and maintain the 

12 units; 

13 (iii) in the event of a major disaster or 

14 emergency declared for the State by the 

15 President under the Stafford Act, to make 

16 the units available to the President or to use 

17 the units to provide housing directly to sur18 vivors of the major disaster or emergency in 

19 the State; 

20 (iv) to comply with the nondiscrimina21 tion provisions of section 308 of the Stafford 

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

23 (v) to obtain and maintain hazard and 

24 flood insurance on the units. 


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1 (C) INCIDENTS.—The incidents referred to 

2 in subparagraph (B)(i) may include incidents 

3 that do not result in a declaration of a major 

4 disaster or emergency by the President under the 

5 Stafford Act. 

6 (3) DISTRIBUTION.— 

7 (A) ESTABLISHMENT OF PROCESS.—The 

8 Administrator shall establish a process— 

9 (i) to review requests submitted by 

10 States under paragraph (2); and 

11 (ii) to distribute excess temporary 

12 housing units that are in the inventory of 

13 FEMA. 

14 (B) ALLOCATION.—If the number of tem15 porary housing units requested by States under 

16 paragraph (2) exceeds the number of excess tem17 porary housing units available, the Adminis18 trator shall allocate the available units among 

19 the States that have submitted a request. 

20 (4) REMAINING TEMPORARY HOUSING UNITS.— 

21 Temporary housing units that are not transferred or 

22 donated under paragraph (1) shall be sold, trans23 ferred, donated, or otherwise disposed of subject to the 

24 requirements of section 408(d)(2) of the Stafford Act 


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1 (42 U.S.C. 5174(d)(2)) and other applicable provi2 sions of law. 

3 (5) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this section shall be construed to 

5 affect section 689k of the Post-Katrina Emergency 

6 Management Reform Act of 2006 (120 Stat. 1456). 

7 For purposes of that section, a transfer or donation 

8 to a State of a temporary housing unit under para9 graph (1) shall be treated as a disposal to house indi10 viduals or households under section 408 of the Staf11 ford Act (42 U.S.C. 5174). 

12 SEC. 205. OTHER METHODS OF DISPOSAL. 

13 Section 408(d)(2)(B) of the Robert T. Stafford Disaster 

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

15 5174(d)(2)(B)) is amended— 

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

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

18 end and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(iii) may be sold, transferred, or do21 nated directly to a State or other govern22 mental entity or to a voluntary organiza23 tion for the sole purpose of providing tem24 porary housing to disaster victims in disas25 ters and incidents caused by a hazard (as 


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1 such term is defined in section 602) that do 

2 not result in a declaration of a major dis3 aster or emergency if, as a condition of the 

4 sale, transfer, or donation, the State, other 

5 governmental agency, or voluntary organi6 zation agrees— 

7 ‘‘(I) to comply with the non8 discrimination provisions of section 

9 308; and 

10 ‘‘(II) to obtain and maintain haz11 ard and flood insurance for the hous12 ing units.’’. 

13 SEC. 206. ESTABLISHMENT OF CRITERIA RELATING TO AD14 MINISTRATION OF HAZARD MITIGATION AS15 SISTANCE BY STATES. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the President shall establish the criteria required 

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

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

20 5170c(c)(2)). 

21 SEC. 207. REVIEW OF REGULATIONS AND POLICIES. 

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

23 date of enactment of this Act, the President, acting through 

24 the Administrator of the Federal Emergency Management 

25 Agency, shall review regulations and policies relating to 


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1 Federal disaster assistance to eliminate regulations the 

2 President determines are no longer relevant, to harmonize 

3 contradictory regulations, and to simplify and expedite dis4 aster recovery and assistance. 

5 (b) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, the President shall transmit to the 

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Homeland 

9 Security and Governmental Affairs of the Senate a report 

10 describing changes made to regulations as a result of the 

11 review required under subsection (a), together with any leg12 islative recommendations relating thereto. 

13 (c) STATE HAZARD MITIGATION PLANS.—The Presi14 dent, acting through the Administrator, shall revise regula15 tions related to the submission of State Hazard Mitigation 

16 Plans to extend the hazard mitigation planning cycle to 

17 every 5 years, consistent with local planning cycles. 

18 SEC. 208. APPEALS PROCESS. 

19 Section 423(b) of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5189a(b)) is 

21 amended to read as follows: 

22 ‘‘(b) PERIOD FOR DECISION.— 

23 ‘‘(1) IN GENERAL.—A decision regarding an ap24 peal under subsection (a) shall be rendered within 60 

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1 ignated to administer such appeal receives notice of 

2 such appeal. 

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

4 Federal official fails to satisfy the requirement under 

5 paragraph (1), the Federal official shall provide a 

6 written explanation of such failure to the applicant. 

7 The President, acting through the Administrator of 

8 the Federal Emergency Management Agency, shall 

9 transmit quarterly to the Committee on Transpor10 tation and Infrastructure of the House of Representa11 tives and the Committee on Homeland Security and 

12 Governmental Affairs of the Senate a report on such 

13 failures.’’. 

14 SEC. 209. IMPLEMENTATION OF COST ESTIMATING. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the President, acting through the Administrator 

17 of the Federal Emergency Management Agency, shall issue 

18 and begin to implement the regulations required by section 

19 406(e)(3)(C) of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to pro21 vide for cost estimation procedures that expedite recovery 

22 and to reduce the costs and time for completion of recovery 

23 projects through the creation of financial and performance 

24 incentives. 


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1 SEC. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR 

2 EMERGENCY DECLARATION UNDER THE 

3 STAFFORD ACT. 

4 (a) MAJOR DISASTER REQUESTS.—Section 401 of the 

5 Robert T. Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5170) is amended— 

7 (1) by striking ‘‘All requests for a declaration’’ 

8 and inserting ‘‘(a) IN GENERAL.—All requests for a 

9 declaration’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

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

13 affected Indian tribal government may submit a re14 quest for a declaration by the President that a major 

15 disaster exists consistent with the requirements of sub16 section (a). 

17 ‘‘(2) REFERENCES.—In implementing assistance 

18 authorized by the President under this Act in re19 sponse to a request of the Chief Executive of an af20 fected Indian tribal government for a major disaster 

21 declaration, any reference in this title or section 319 

22 to a State or the Governor of a State is deemed to 

23 refer to an affected Indian tribal government or the 

24 Chief Executive of an affected Indian tribal govern25 ment, as appropriate. 


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1 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub2 section shall prohibit an Indian tribal government 

3 from receiving assistance under this title through a 

4 declaration made by the President at the request of a 

5 State under subsection (a) if the President does not 

6 make a declaration under this subsection for the same 

7 incident. 

8 ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL

9 GOVERNMENTS.— 

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

11 an Indian tribal government under this title, the 

12 President may waive or adjust any payment of a 

13 non-Federal contribution with respect to the assist14 ance if— 

15 ‘‘(A) the President has the authority to 

16 waive or adjust the payment under another pro17 vision of this title; and 

18 ‘‘(B) the President determines that the 

19 waiver or adjustment is necessary and appro20 priate. 

21 ‘‘(2) CRITERIA FOR MAKING DETERMINATIONS.— 

22 The President shall establish criteria for making de23 terminations under paragraph (1)(B).’’. 

24 (b) EMERGENCY REQUESTS.—Section 501 of the Rob25 ert T. Stafford Disaster Relief and Emergency Assistance 


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1 Act (42 U.S.C. 5191) is amended by adding at the end the 

2 following: 

3 ‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

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

5 affected Indian tribal government may submit a re6 quest for a declaration by the President that an emer7 gency exists consistent with the requirements of sub8 section (a). 

9 ‘‘(2) REFERENCES.—In implementing assistance 

10 authorized by the President under this title in re11 sponse to a request of the Chief Executive of an af12 fected Indian tribal government for an emergency dec13 laration, any reference in this title or section 319 to 

14 a State or the Governor of a State shall be deemed to 

15 refer to an affected Indian tribal government or the 

16 Chief Executive of an affected Indian tribal govern17 ment, as appropriate. 

18 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub19 section shall prohibit an Indian tribal government 

20 from receiving assistance under this title through a 

21 declaration made by the President at the request of a 

22 State under subsection (a) if the President does not 

23 make a declaration under this subsection for the same 

24 incident.’’. 


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1 (c) DEFINITIONS.—Section 102 of the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5122) is amended— 

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

5 inserting ‘‘, that is not an Indian tribal government 

6 as defined in paragraph (6); and’’; 

7 (2) by redesignating paragraphs (6) through (10) 

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

9 (3) by inserting after paragraph (5) the fol10 lowing: 

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

12 ‘Indian tribal government’ means the governing body 

13 of any Indian or Alaska Native tribe, band, nation, 

14 pueblo, village, or community that the Secretary of 

15 the Interior acknowledges to exist as an Indian tribe 

16 under the Federally Recognized Indian Tribe List Act 

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

18 (4) by adding at the end the following: 

19 ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Exec20 utive’ means the person who is recognized by the Sec21 retary of the Interior as the chief elected administra22 tive officer of an Indian tribal government.’’. 

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

24 Disaster Relief and Emergency Assistance Act (42 U.S.C. 


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1 5121 et seq.) is amended by adding after section 102 the 

2 following: 

3 ‘‘SEC. 103. REFERENCES. 

4 ‘‘Except as otherwise specifically provided, any ref5 erence in this Act to ‘State and local’, ‘State or local’, or 

6 ‘State, local’ with respect to governments or officials and 

7 any reference to a ‘local government’ in section 417 is 

8 deemed to refer also to Indian tribal governments and offi9 cials, as appropriate.’’. 

10 (e) REGULATIONS.— 

11 (1) ISSUANCE.—The President shall issue regula12 tions to carry out the amendments made by this sec13 tion. 

14 (2) FACTORS.—In issuing the regulations, the 

15 President shall consider the unique conditions that af16 fect the general welfare of Indian tribal governments. 

17 SEC. 211. INDIVIDUAL ASSISTANCE FACTORS. 

18 In order to provide more objective criteria for evalu19 ating the need for assistance to individuals and to speed 

20 a declaration of a major disaster or emergency under the 

21 Robert T. Stafford Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5121 et seq.), not later than 1 year 

23 after the date of enactment of this Act, the Administrator 

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1 gency management agencies, shall review, update, and re2 vise through rulemaking the factors considered under sec3 tion 206.48 of title 44, Code of Federal Regulations, to 

4 measure the severity, magnitude, and impact of a disaster. 

5 SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM. 

6 (a) PILOT PROGRAM.— 

7 (1) IN GENERAL.—The President, acting through 

8 the Administrator of the Federal Emergency Manage9 ment Agency, and in coordination with States, tribal 

10 and local governments, and owners or operators of 

11 private non-profit facilities, shall establish and con12 duct a pilot program to— 

13 (A) reduce the costs to the Government of 

14 providing assistance to States, tribal and local 

15 governments, and owners or operators of private 

16 non-profit facilities under section 406 of the 

17 Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5172) (referred 

19 to in this section as the ‘‘Act’’); 

20 (B) increase flexibility in the administra21 tion of section 406 of such Act; and 

22 (C) expedite the provision of assistance to 

23 States, tribal, and local governments provided 

24 under section 406 of the Act. 


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1 (2) PARTICIPATION.—Only States, tribal and 

2 local governments, and owners or operators of private 

3 non-profit facilities that elect to participate in the 

4 pilot program may participate in the pilot program 

5 for their projects. 

6 (3) ADMINISTRATION.— 

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

8 pilot program, the Administrator shall establish 

9 new procedures to administer assistance pro10 vided under section 406 of the Act. 

11 (B) NEW PROCEDURES.—The new proce12 dures established under subparagraph (A) shall 

13 include— 

14 (i) making grants on the basis of esti15 mates agreed to by the State, tribal, or local 

16 government, or owner or operator of a pri17 vate non-profit facility and the Adminis18 trator to provide financial incentives and 

19 disincentives for the State, tribal, or local 

20 government, or owner or operator of a pri21 vate non-profit facility for the timely and 

22 cost-effective completion of projects under 

23 section 406 of the Act; 

24 (ii) notwithstanding sections 

25 406(c)(1)(A) and 406(c)(2)(A) of the Act, 


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1 providing an option for a State, tribal, or 

2 local government, or owner or operator of a 

3 private non-profit facility to elect to receive 

4 an in-lieu contribution, without reduction, 

5 on the basis of estimates of the cost of re6 pair, restoration, reconstruction, or replace7 ment of a public facility owned or con8 trolled by the State, tribal, or local govern9 ment and of management expenses; 

10 (iii) consolidating, to the extent deter11 mined appropriate by the Administrator, 

12 the facilities of a State, tribal, or local gov13 ernment, or owner or operator of a private 

14 nonprofit facility as a single project based 

15 upon the estimates established under the 

16 pilot procedures; and 

17 (iv) notwithstanding any other provi18 sion of law, if the actual costs of a project 

19 completed under the pilot procedures are 

20 less than the estimated costs thereof, the Ad21 ministrator may permit a grantee or sub 

22 grantee to use all or part of the excess funds 

23 for cost-effective activities that reduce the 

24 risk of future damage, hardship, or suf25 fering from a major disaster. 


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1 (4) WAIVER.—The Administrator may waive 

2 such regulations or rules applicable to the provisions 

3 of assistance in section 406 of the Act as the Adminis4 trator determines are necessary to carry out the pilot 

5 program under this section. 

6 (b) REPORT.— 

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

8 2015, the Administrator shall submit to the Com9 mittee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate a report regarding the effectiveness of the pilot 

13 program under this section. 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1) shall include— 

16 (A) an assessment by the Administrator of 

17 any administrative or financial benefits of the 

18 pilot program; 

19 (B) an assessment by the Administrator of 

20 the effect, including any savings in time and 

21 cost, of the pilot program; 

22 (C) any other findings and conclusions of 

23 the Administrator with respect to the pilot pro24 gram; and 


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1 (D) any recommendations of the Adminis2 trator for additional authority to continue or 

3 make permanent the pilot program. 

4 (c) DEADLINE FOR INITIATION OF IMPLEMENTA5 TION.—Not later than 90 days after the date of enactment 

6 of this Act, the Administrator shall begin implementation 

7 of the pilot program under this section. 

8 (d) PILOT PROGRAM DURATION.—The Administrator 

9 may not approve a project under the pilot program under 

10 this section after December 31, 2014. 

11 SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL PROCE12 DURES. 

13 (a) IN GENERAL.—The President, acting through the 

14 Administrator of the Federal Emergency Management 

15 Agency, shall establish new procedures to administer assist16 ance for debris and wreckage removal provided under sec17 tions 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act (42 

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

20 (b) NEW PROCEDURES.—The new procedures estab21 lished under subsection (a) may include— 

22 (1) making grants on the basis of fixed estimates 

23 to provide financial incentives and disincentives for 

24 the timely or cost effective completion of projects 

25 under sections 403(a)(3)(A), 407, and 502(a)(5) of 


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1 such Act if the State, tribal, or local government, or 

2 owner or operator of the private non-profit facility 

3 agrees to be responsible to pay for any actual costs 

4 that exceed the estimate; 

5 (2) using a sliding scale for the Federal share for 

6 removal of debris and wreckage based on the time it 

7 takes to complete debris and wreckage removal; 

8 (3) allowing utilization of program income from 

9 recycled debris without offset to grant amount; 

10 (4) reimbursing base and overtime wages for em11 ployees and extra hires of a State, tribal, or local gov12 ernment, or owner or operator of a private non-profit 

13 facility performing or administering debris and 

14 wreckage removal; and 

15 (5) notwithstanding any other provision of law, 

16 if the actual costs of projects under subsection (b)(1) 

17 are less than the estimated costs thereof, the Adminis18 trator may permit a grantee or sub grantee to use all 

19 or part of the excess funds for any of the following 

20 purposes: 

21 (A) Debris management planning. 

22 (B) Acquisition of debris management 

23 equipment for current or future use. 


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1 (C) Other activities to improve future debris 

2 removal operations, as determined by the Ad3 ministrator. 

4 SEC. 214. USE OF FUNDS. 

5 Unless otherwise specified in this Act, the Adminis6 trator of the Federal Emergency Management Agency shall 

7 use amounts authorized pursuant to section 699 of the Post8 Katrina Emergency Management Reform Act of 2006 (6 

9 U.S.C. 811) for reviews, reports, and studies included in 

10 this Act. 

11 SEC. 215. REDUCTION OF AUTHORIZATION FOR EMER12 GENCY MANAGEMENT PERFORMANCE 

13 GRANTS. 

14 Section 662(f)(5) of the Post-Katrina Emergency Man15 agement Reform Act of 2006 (6 U.S.C. 762) is amended 

16 by striking ‘‘$950,000,000’’ and inserting ‘‘$946,600,000’’. 

17 SEC. 216. TECHNICAL CORRECTION. 

18 Section 202(c) of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5132(c)) is 

20 amended by striking ‘‘section 611(c)’’ and inserting ‘‘sec21 tion 611(d)’’. 

22 SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT REAU23 THORIZATION. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Dam Safety Act of 2012’’. 


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1 (b) PURPOSE.—The purpose of this section is to reduce 

2 the risks to life and property from dam failure in the 

3 United States through the reauthorization of an effective 

4 national dam safety program that brings together the exper5 tise and resources of Federal and non-Federal communities 

6 in achieving national dam safety hazard reduction. 

7 (c) AMENDMENTS TO THE NATIONAL DAM SAFETY

8 PROGRAM ACT.— 

9 (1) ADMINISTRATOR.— 

10 (A) IN GENERAL.—The National Dam Safe11 ty Program Act (33 U.S.C. 467 et seq.) is 

12 amended by striking ‘‘Director’’ each place it ap13 pears and inserting ‘‘Administrator’’. 

14 (B) CONFORMING AMENDMENT.—Section 

15 2(3) of such Act (33 U.S.C. 467(3)) is amended 

16 in the paragraph heading by striking ‘‘DIREC17 TOR’’ and inserting ‘‘ADMINISTRATOR’’. 

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

19 such Act (33 U.S.C. 467a(b)(1)) is amended by strik20 ing ‘‘or maintenance’’ and inserting ‘‘maintenance, 

21 condition, or provision for emergency operations’’. 

22 (3) NATIONAL DAM SAFETY PROGRAM.— 

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

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

25 follows: 


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1 ‘‘(4) develop and implement a comprehensive 

2 dam safety hazard education and public awareness 

3 program to assist the public in mitigating against, 

4 preparing for, responding to, and recovering from 

5 dam incidents;’’. 

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

7 (33 U.S.C. 467f(f)(4)) is amended by inserting ‘‘, 

8 representatives from nongovernmental organiza9 tions,’’ after ‘‘State agencies’’. 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 (A) NATIONAL DAM SAFETY PROGRAM.— 

12 (i) ANNUAL AMOUNTS.—Section 

13 13(a)(1) of such Act (33 U.S.C. 467j(a)(1)) 

14 is amended by striking ‘‘$6,500,000 for fis15 cal year 2007, $7,100,000 for fiscal year 

16 2008, $7,600,000 for fiscal year 2009, 

17 $8,300,000 for fiscal year 2010, and 

18 $9,200,000 for fiscal year 2011’’ and insert19 ing ‘‘$8,024,000 for each of fiscal years 

20 2012 through 2015’’. 

21 (ii) MAXIMUM AMOUNT OF ALLOCA22 TION.— 

23 (I) IN GENERAL.—Section 

24 13(a)(2)(B) of such Act (33 U.S.C. 

25 467j(a)(2)(B)) is amended by striking 


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1 ‘‘50 percent of the reasonable cost of 

2 implementing the State dam safety 

3 program’’ and inserting ‘‘the amount 

4 of funds committed by the State to im5 plement dam safety program activi6 ties’’. 

7 (II) APPLICABILITY.—The amend8 ment made by subclause (I) shall 

9 apply to fiscal year 2013 and each fis10 cal year thereafter. 

11 (B) NATIONAL DAM INVENTORY.—Section 

12 13(b) of such Act (33 U.S.C. 467j(b)) is amended 

13 by striking ‘‘$650,000 for fiscal year 2007, 

14 $700,000 for fiscal year 2008, $750,000 for fiscal 

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

16 $850,000 for fiscal year 2011’’ and inserting 

17 ‘‘$383,000 for each of fiscal years 2012 through 

18 2015’’. 

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

20 (33 U.S.C. 467j(c)) is amended by striking 

21 ‘‘$1,600,000 for fiscal year 2007, $1,700,000 for 

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

23 $1,900,000 for fiscal year 2010, and $2,000,000 

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

25 for each of fiscal years 2012 through 2015’’. 


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

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

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

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

5 2009, $700,000 for fiscal year 2010, and 

6 $750,000 for fiscal year 2011’’ and inserting 

7 ‘‘$750,000 for each of fiscal years 2012 through 

8 2015’’. 

9 (E) STAFF.—Section 13(e) of such Act (33 

10 U.S.C. 467j(e)) is amended by striking 

11 ‘‘$700,000 for fiscal year 2007, $800,000 for fis12 cal year 2008, $900,000 for fiscal year 2009, 

13 $1,000,000 for fiscal year 2010, and $1,100,000 

14 for fiscal year 2011’’ and inserting ‘‘$436,000 for 

15 each of fiscal years 2012 through 2015’’. 


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Union Calendar No. 486 

112TH CONGRESS 

2D SESSION H. R. 2903 

[Report No. 112–674, Part I] 

A BILL 

To reauthorize the programs and activities of the 

Federal Emergency Management Agency. 

SEPTEMBER 17, 2012 

The Committee on Homeland Security discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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