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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Reported in House (RH)]

                                                 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

_______________________________________________________________________

                                 A BILL

 
  To reauthorize the programs and activities of the Federal Emergency 
                           Management Agency.

 

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``FEMA Reauthorization Act of 
2011''.</DELETED>

<DELETED>SEC. 2. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE 
              SYSTEM.</DELETED>

<DELETED>    Section 634 of Public Law 109-295 (6 U.S.C. 722) is 
amended by striking subsection (b) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out the system $35,250,000 for 
each of fiscal years 2012 and 2013.''.</DELETED>

<DELETED>SEC. 3. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE 
              COMPACT GRANTS.</DELETED>

<DELETED>    Section 661 of Public Law 109-295 (6 U.S.C. 761) is 
amended by striking subsection (d) and inserting the 
following:</DELETED>
<DELETED>    ``(d) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $2,000,000 for 
each of the fiscal years 2012 and 2013. Such sums shall remain 
available until expended.''.</DELETED>

<DELETED>SEC. 4. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AND 
              ADMINISTRATION.</DELETED>

<DELETED>    Section 699 of Public Law 109-295 (6 U.S.C. 811) is 
amended:</DELETED>
        <DELETED>    (1) by striking ``administration and operations'' 
        each place it appears and inserting ``management and 
        administration'';</DELETED>
        <DELETED>    (2) in paragraph (2) by striking 
        ``and'';</DELETED>
        <DELETED>    (3) in paragraph (3) by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) for fiscal year 2012, $813,000,000, 
        including amounts transferred from the Disaster Relief Fund; 
        and</DELETED>
        <DELETED>    ``(5) for fiscal year 2013, $813,000,000, 
        including amounts transferred from the Disaster Relief 
        Fund.''.</DELETED>

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FEMA 
Reauthorization Act of 2012''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.

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

Sec. 101. Reauthorization of Federal Emergency Management Agency.
Sec. 102. Integrated Public Alert and Warning System Modernization.

               TITLE II--STAFFORD ACT AND OTHER PROGRAMS

Sec. 201. Reauthorization of urban search and rescue response system.
Sec. 202. Reauthorization of emergency management assistance compact 
                            grants.
Sec. 203. Disposal of excess property to assist other disaster 
                            survivors.
Sec. 204. Storage, sale, transfer, and disposal of housing units.
Sec. 205. Other methods of disposal.
Sec. 206. Establishment of criteria relating to administration of 
                            hazard mitigation assistance by States.
Sec. 207. Review of regulations and policies.
Sec. 208. Appeals process.
Sec. 209. Implementation of cost estimating.
Sec. 210. Tribal requests for a major disaster or emergency declaration 
                            under the Stafford Act.
Sec. 211. Individual assistance factors.
Sec. 212. Public assistance pilot program.
Sec. 213. Public assistance debris removal procedures.
Sec. 214. Use of funds.
Sec. 215. Reduction of authorization for emergency management 
                            performance grants.
Sec. 216. Technical correction.
Sec. 217. National Dam Safety Program Act reauthorization.

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

SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

    Section 699 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 811) is amended to read as follows:

``SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
and the amendments made by this title for the salaries and expenses of 
the Agency--
            ``(1) for fiscal year 2012, $1,031,378,000, including 
        amounts transferred from grant programs;
            ``(2) for fiscal year 2013, $1,031,378,000, including 
        amounts transferred from grant programs; and
            ``(3) for fiscal year 2014, $1,031,378,000, including 
        amounts transferred from grant programs.''.

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

    (a) Short Title.--This section may be cited as the ``Integrated 
Public Alert and Warning System Modernization Act of 2012''.
    (b) Integrated Public Alert and Warning System Modernization.--
            (1) In general.--To provide timely and effective disaster 
        warnings under this section, the President, acting through the 
        Administrator of the Federal Emergency Management Agency, 
        shall--
                    (A) modernize the integrated public alert and 
                warning system of the United States (in this section 
                referred to as the ``public alert and warning system'') 
                to ensure that the President under all conditions is 
                able to alert and warn governmental authorities and the 
                civilian population in areas endangered by disasters; 
                and
                    (B) implement the public alert and warning system.
            (2) Implementation requirements.--In carrying out paragraph 
        (1), the Administrator shall, consistent with the 
        recommendations in the final report of the Integrated Public 
        Alert and Warning System Advisory Committee (established under 
        subsection (c))--
                    (A) establish or adopt, as appropriate, common 
                alerting and warning protocols, standards, terminology, 
                and operating procedures for the public alert and 
                warning system;
                    (B) include in the public alert and warning system 
                the capability to adapt the distribution and content of 
                communications on the basis of geographic location, 
                risks, or personal user preferences, as appropriate;
                    (C) include in the public alert and warning system 
                the capability to alert and warn individuals with 
                disabilities and individuals with limited English 
                proficiency;
                    (D) ensure that training, tests, and exercises are 
                conducted for the public alert and warning system;
                    (E) establish and integrate into the National 
                Incident Management System a comprehensive and periodic 
                training program to instruct and educate Federal, 
                State, Tribal, and local government officials in the 
                use of the Common Alerting Protocol enabled Emergency 
                Alert System; and
                    (F) consider conducting, at least once every 3 
                years, periodic nationwide tests of the public alert 
                and warning system.
            (3) System requirements.--The public alert and warning 
        system shall--
                    (A) incorporate multiple communications 
                technologies;
                    (B) be designed to adapt to, and incorporate, 
                future technologies for communicating directly with the 
                public;
                    (C) be designed to provide alerts to the largest 
                portion of the affected population feasible, including 
                nonresident visitors and tourists, and improve the 
                ability of remote areas to receive alerts;
                    (D) promote local and regional public and private 
                partnerships to enhance community preparedness and 
                response; and
                    (E) provide redundant alert mechanisms if 
                practicable so as to reach the greatest number of 
                people regardless of whether they have access to, or 
                utilize, any specific medium of communication or any 
                particular device.
            (4) Implementation plan.--Not later than 180 days after the 
        date of submission of the report of the Integrated Public Alert 
        and Warning System Advisory Committee, the Administrator shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a detailed plan 
        to implement the public alert and warning system. The plan 
        shall include a timeline for implementation, a spending plan, 
        and recommendations for any additional authority that may be 
        necessary to fully implement this subsection.
            (5) Maximum funds.--The Administrator may use not more than 
        $13,287,000 of the amount made available pursuant to section 
        699 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 811) for each of fiscal years 2012, 2013, and 2014 to 
        carry out the provisions of this section.
    (c) Integrated Public Alert and Warning System Advisory 
Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall establish an advisory 
        committee to be known as the Integrated Public Alert and 
        Warning System Advisory Committee (in this subsection referred 
        to as the ``Advisory Committee'').
            (2) Membership.--The Advisory Committee shall be composed 
        of the following members, to be appointed by the Administrator 
        as soon as practicable after the date of enactment of this Act:
                    (A) The Chairman of the Federal Communications 
                Commission.
                    (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce.
                    (C) The Assistant Secretary for Communications and 
                Information of the Department of Commerce.
                    (D) Representatives of State and local governments, 
                representatives of emergency management agencies, and 
                representatives of emergency response providers, 
                selected from among individuals nominated by national 
                organizations representing governments and personnel.
                    (E) Representatives from federally recognized 
                Indian tribes and national Indian organizations.
                    (F) Individuals who have the requisite technical 
                knowledge and expertise to serve on the Advisory 
                Committee, including representatives of--
                            (i) communications service providers;
                            (ii) vendors, developers, and manufacturers 
                        of systems, facilities, equipment, and 
                        capabilities for the provision of 
                        communications services;
                            (iii) third-party service bureaus;
                            (iv) the broadcasting industry;
                            (v) the national organization representing 
                        the licensees and permittees of noncommercial 
                        broadcast television stations;
                            (vi) the cellular industry;
                            (vii) the cable industry;
                            (viii) the satellite industry; and
                            (ix) national organizations representing 
                        individuals with special needs, including 
                        individuals with disabilities and the elderly.
                    (G) Qualified representatives of such other 
                stakeholders and interested and affected parties as the 
                Administrator considers appropriate.
            (3) Chairperson.--The Administrator shall serve as the 
        Chairperson of the Advisory Committee.
            (4) Meetings.--
                    (A) Initial meeting.--The initial meeting of the 
                Advisory Committee shall take place not later than 60 
                days after the date of enactment of this Act.
                    (B) Other meetings.--After the initial meeting, the 
                Advisory Committee shall meet at the call of the 
                Chairperson.
                    (C) Notice; open meetings.--Meetings held by the 
                Advisory Committee shall be duly noticed at least 14 
                days in advance and shall be open to the public.
            (5) Rules.--
                    (A) Quorum.--One-third of the members of the 
                Advisory Committee shall constitute a quorum for 
                conducting business of the Advisory Committee.
                    (B) Subcommittees.--To assist the Advisory 
                Committee in carrying out its functions, the 
                Chairperson may establish appropriate subcommittees 
                composed of members of the Advisory Committee and other 
                subject matter experts as the Chairperson considers 
                necessary.
                    (C) Additional rules.--The Advisory Committee may 
                adopt such other rules as are necessary to carry out 
                its duties.
            (6) Recommendations.--The Advisory Committee shall develop 
        recommendations for an integrated public alert and warning 
        system, including--
                    (A) recommendations for common alerting and warning 
                protocols, standards, terminology, and operating 
                procedures for the public alert and warning system; and
                    (B) recommendations to provide for a public alert 
                and warning system that--
                            (i) has the capability to adapt the 
                        distribution and content of communications on 
                        the basis of geographic location, risks, or 
                        personal user preferences, as appropriate;
                            (ii) has the capability to alert and warn 
                        individuals with disabilities and individuals 
                        with limited English proficiency;
                            (iii) incorporates multiple communications 
                        technologies;
                            (iv) is designed to adapt to, and 
                        incorporate, future technologies for 
                        communicating directly with the public;
                            (v) is designed to provide alerts to the 
                        largest portion of the affected population 
                        feasible, including nonresident visitors and 
                        tourists, and improve the ability of remote 
                        areas to receive alerts;
                            (vi) promotes local and regional public and 
                        private partnerships to enhance community 
                        preparedness and response; and
                            (vii) provides redundant alert mechanisms 
                        if practicable in order to reach the greatest 
                        number of people regardless of whether they 
                        have access to, or utilize, any specific medium 
                        of communication or any particular device.
            (7) Initial and annual report.--Not later than 1 year after 
        the date of enactment of this Act, the Advisory Committee shall 
        submit to the Administrator, the Committee on Transportation 
        and Infrastructure of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report containing the recommendations of the Advisory 
        Committee.
            (8) Federal advisory committee act.--Neither the Federal 
        Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or 
        regulation promulgated under that Act shall apply to the 
        Advisory Committee.
            (9) Termination.--The Advisory Committee shall terminate 
        not later than 3 years after the date of enactment of this Act.
    (d) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to affect the authority of the Department of 
Commerce or the Federal Communications Commission.

               TITLE II--STAFFORD ACT AND OTHER PROGRAMS

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

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

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

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Agency.--The term `Agency' means the Federal 
        Emergency Management Agency.
            ``(3) Hazard.--The term `hazard' has the meaning given that 
        term by section 602.
            ``(4) Non-employee system member.--The term `non-employee 
        System member' means a System member not employed by a 
        sponsoring agency or participating agency.
            ``(5) Participating agency.--The term `participating 
        agency' means a State or local government, nonprofit 
        organization, or private organization that has executed an 
        agreement with a sponsoring agency to participate in the 
        System.
            ``(6) Sponsoring agency.--The term `sponsoring agency' 
        means a State or local government that is the sponsor of a task 
        force designated by the Administrator to participate in the 
        System.
            ``(7) System.--The term `System' means the National Urban 
        Search and Rescue Response System to be administered under this 
        section.
            ``(8) System member.--The term `System member' means an 
        individual who is not a full-time employee of the Federal 
        Government and who serves on a task force or on a System 
        management or other technical team.
            ``(9) Task force.--The term `task force' means an urban 
        search and rescue team designated by the Administrator to 
        participate in the System.
    ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the emergency 
response system known as the National Urban Search and Rescue Response 
System.
    ``(c) Functions.--In administering the System, the Administrator 
shall provide for a national network of standardized search and rescue 
resources to assist States and local governments in responding to 
hazards.
    ``(d) Task Forces.--
            ``(1) Designation.--The Administrator shall designate task 
        forces to participate in the System. The Administrator shall 
        determine the criteria for such participation.
            ``(2) Sponsoring agencies.--Each task force shall have a 
        sponsoring agency. The Administrator shall enter into an 
        agreement with the sponsoring agency with respect to the 
        participation of each task force in the System.
            ``(3) Composition.--
                    ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency, 1 
                or more participating agencies. The sponsoring agency 
                shall enter into an agreement with each participating 
                agency of the task force with respect to the 
                participation of the participating agency on the task 
                force.
                    ``(B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring agency, 
                other individuals not otherwise associated with the 
                sponsoring agency or a participating agency of the task 
                force. The sponsoring agency of a task force may enter 
                into a separate agreement with each such individual 
                with respect to the participation of the individual on 
                the task force.
    ``(e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the System.
    ``(f) Appointment of System Members Into Federal Service.--
            ``(1) In general.--The Administrator may appoint a System 
        member into Federal service for a period of service to provide 
        for the participation of the System member in exercises, 
        preincident staging, major disaster and emergency response 
        activities, and training events sponsored or sanctioned by the 
        Administrator.
            ``(2) Nonapplicability of certain civil service laws.--The 
        Administrator may make appointments under paragraph (1) without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
            ``(3) Relationship to other authorities.--The authority of 
        the Administrator to make appointments under this subsection 
        shall not affect any other authority of the Administrator under 
        this Act.
            ``(4) Limitation.--A System member who is appointed into 
        Federal service under paragraph (1) shall not be considered an 
        employee of the United States for purposes other than those 
        specifically set forth in this section.
    ``(g) Compensation.--
            ``(1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by regulation, the 
        Administrator shall make payments to the sponsoring agency of a 
        task force--
                    ``(A) to reimburse each employer of a System member 
                on the task force for compensation paid by the employer 
                to the System member for any period during which the 
                System member is appointed into Federal service under 
                subsection (f)(1); and
                    ``(B) to make payments directly to a non-employee 
                System member on the task force for any period during 
                which the non-employee System member is appointed into 
                Federal service under subsection (f)(1).
            ``(2) Reimbursement for employees filling positions of 
        system members.--
                    ``(A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make payments to 
                the sponsoring agency of a task force to reimburse each 
                employer of a System member on the task force for 
                compensation paid by the employer to an employee 
                filling a position normally filled by the System member 
                for any period during which the System member is 
                appointed into Federal service under subsection (f)(1).
                    ``(B) Limitation.--Costs incurred by an employer 
                shall be eligible for reimbursement under subparagraph 
                (A) only to the extent that the costs are in excess of 
                the costs that would have been incurred by the employer 
                had the System member not been appointed into Federal 
                service under subsection (f)(1).
            ``(3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period during 
        which the System member is appointed into Federal service under 
        subsection (f)(1).
    ``(h) Personal Injury, Illness, Disability, or Death.--
            ``(1) In general.--A System member who is appointed into 
        Federal service under subsection (f)(1) and who suffers 
        personal injury, illness, disability, or death as a result of a 
        personal injury sustained while acting in the scope of such 
        appointment shall, for the purposes of subchapter I of chapter 
        81 of title 5, United States Code, be treated as though the 
        member were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance of duty.
            ``(2) Election of benefits.--
                    ``(A) In general.--If a System member (or, in the 
                case of the death of the System member, the System 
                member's dependent) is entitled--
                            ``(i) under paragraph (1) to receive 
                        benefits under subchapter I of chapter 81 of 
                        title 5, United States Code, by reason of 
                        personal injury, illness, disability, or death, 
                        and
                            ``(ii) to receive benefits from a State or 
                        local government by reason of the same personal 
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive 
                either the benefits referred to in clause (i) or (ii).
                    ``(B) Deadline.--A System member or dependent shall 
                make an election of benefits under subparagraph (A) not 
                later than 1 year after the date of the personal 
                injury, illness, disability, or death that is the 
                reason for the benefits or until such later date as the 
                Secretary of Labor may allow for reasonable cause 
                shown.
                    ``(C) Effect of election.--An election of benefits 
                made under this paragraph is irrevocable unless 
                otherwise provided by law.
            ``(3) Reimbursement for state or local benefits.--Subject 
        to such terms and conditions as the Administrator may impose by 
        regulation, in the event that a System member or dependent 
        elects benefits from a State or local government under 
        paragraph (2)(A), the Administrator shall reimburse the State 
        or local government for the value of those benefits.
    ``(i) Liability.--A System member appointed into Federal service 
under subsection (f)(1), while acting within the scope of the 
appointment, is deemed an employee of the Government under section 
1346(b) of title 28, United States Code, and chapter 171 of that title, 
relating to tort claims procedure.
    ``(j) Employment and Reemployment Rights.--With respect to a System 
member who is not a regular full-time employee of a sponsoring agency 
or participating agency, the following terms and conditions apply:
            ``(1) Service as a System member is deemed `service in the 
        uniformed services' for purposes of chapter 43 of title 38, 
        United States Code, relating to employment and reemployment 
        rights of individuals who have performed service in the 
        uniformed services (regardless of whether the individual 
        receives compensation for such participation). All rights and 
        obligations of such persons and procedures for assistance, 
        enforcement, and investigation shall be as provided for in such 
        chapter.
            ``(2) Preclusion of giving notice of service by necessity 
        of appointment under this section is deemed preclusion by 
        `military necessity' for purposes of section 4312(b) of title 
        38, United States Code, pertaining to giving notice of absence 
        from a position of employment. A determination of such 
        necessity shall be made by the Administrator and shall not be 
        subject to judicial review.
    ``(k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or other 
governmental jurisdiction evidencing the member's qualifications in any 
professional, mechanical, or other skill or type of assistance required 
by the System, the System member is deemed to be performing a Federal 
activity when rendering aid involving such skill or assistance during a 
period of appointment into Federal service under subsection (f)(1).
    ``(l) Advisory Committee.--
            ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
            ``(2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, and 
        shall include--
                    ``(A) the chief officer or senior executive from at 
                least 3 sponsoring agencies;
                    ``(B) the senior emergency manager from at least 2 
                States that include sponsoring agencies; and
                    ``(C) at least 1 representative recommended by the 
                leaders of the task forces.
            ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
    ``(m) Preparedness Cooperative Agreements.--
            ``(1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator shall enter 
        into an annual preparedness cooperative agreement with each 
        sponsoring agency. Amounts made available to a sponsoring 
        agency under such a preparedness cooperative agreement shall be 
        for the following purposes:
                    ``(A) Training and exercises, including training 
                and exercises with other Federal, State, and local 
                government response entities.
                    ``(B) Acquisition and maintenance of equipment, 
                including interoperable communications and personal 
                protective equipment.
                    ``(C) Medical monitoring required for responder 
                safety and health in anticipation of and following a 
                major disaster, emergency, or other hazard, as 
                determined by the Administrator.
            ``(2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, amounts made 
        available for cooperative agreements under this subsection that 
        are not expended shall be deposited in an Agency account and 
        shall remain available for such agreements without fiscal year 
        limitation.
    ``(n) Response Cooperative Agreements.--The Administrator shall 
enter into a response cooperative agreement with each sponsoring 
agency, as appropriate, under which the Administrator agrees to 
reimburse the sponsoring agency for costs incurred by the sponsoring 
agency in responding to a major disaster or emergency.
    ``(o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
    ``(p) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out the System and the provisions of this section 
        $35,250,000 for each of fiscal years 2012, 2013, and 2014.
            ``(2) Administrative expenses.--The Administrator may use 
        not to exceed 6 percent of the funds appropriated for a fiscal 
        year pursuant to paragraph (1) for salaries, expenses, and 
        other administrative costs incurred by the Administrator in 
        carrying out this section.''.
    (b) Conforming Amendments.--
            (1) Applicability of title 5, united states code.--Section 
        8101(1) of title 5, United States Code, is amended--
                    (A) in subparagraph (D) by striking ``and'' at the 
                end;
                    (B) by moving subparagraph (F) to appear after 
                subparagraph (E);
                    (C) in subparagraph (F)--
                            (i) by striking ``United States Code,''; 
                        and
                            (ii) by adding ``and'' at the end; and
                    (D) by inserting after subparagraph (F) the 
                following:
                    ``(G) an individual who is a System member of the 
                National Urban Search and Rescue Response System during 
                a period of appointment into Federal service pursuant 
                to section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act;''.
            (2) Inclusion as part of uniformed services for purposes of 
        userra.--Section 4303 of title 38, United States Code, is 
        amended--
                    (A) in paragraph (13) by inserting ``, a period for 
                which a System member of the National Urban Search and 
                Rescue Response System is absent from a position of 
                employment due to an appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act'' before ``, and a 
                period''; and
                    (B) in paragraph (16) by inserting after ``Public 
                Health Service,'' the following: ``System members of 
                the National Urban Search and Rescue Response System 
                during a period of appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.

SEC. 202. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT 
              GRANTS.

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

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

    ``(a) In General.--The Administrator of the Federal Emergency 
Management Agency may make grants to provide for implementation of the 
Emergency Management Assistance Compact consented to by Congress in the 
joint resolution entitled `Joint resolution granting the consent of 
Congress to the Emergency Management Assistance Compact' (Public Law 
104-321; 110 Stat. 3877).
    ``(b) Eligible Grant Recipients.--States and the Administrator of 
the Emergency Management Assistance Compact shall be eligible to 
receive grants under subsection (a).
    ``(c) Use of Funds.--A grant received under this section shall be 
used--
            ``(1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action reports 
        for the 2004 and 2005 hurricane seasons;
            ``(2) to administer compact operations on behalf of States, 
        as such term is defined in the compact, that have enacted the 
        compact;
            ``(3) to continue coordination with the Federal Emergency 
        Management Agency and appropriate Federal agencies;
            ``(4) to continue coordination with States and local 
        governments and their respective national organizations; and
            ``(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the typing of 
        emergency response resources.
    ``(d) Coordination.--The Administrator of the Federal Emergency 
Management Agency shall consult with the Administrator of the Emergency 
Management Assistance Compact to ensure effective coordination of 
efforts in responding to requests for assistance.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of the 
fiscal years 2012, 2013, and 2014. Such sums shall remain available 
until expended.''.
    (b) Repeal.--Section 661 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 761) is repealed.

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

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act as amended by this Act is further amended by adding at 
the end the following:

``SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, AND EQUIPMENT.

    ``(a) In General.--Notwithstanding any other provision of law, if 
the President determines that materials, supplies, or equipment 
acquired by the President pursuant to title IV or V for response or 
recovery efforts in connection with a major disaster or emergency are 
in excess of the amount needed for those efforts, the President may 
transfer the excess materials, supplies, or equipment directly to a 
State, local government, or relief or disaster assistance organization 
for the purpose of--
            ``(1) assisting disaster survivors in other major disasters 
        and emergencies; and
            ``(2) assisting survivors in incidents caused by a hazard 
        that do not result in a declaration of a major disaster or 
        emergency if the Governor of the affected State certifies 
        that--
                    ``(A) there is an urgent need for the materials, 
                supplies, or equipment; and
                    ``(B) the State is unable to provide the materials, 
                supplies, or equipment in a timely manner.
    ``(b) Hazard Defined.--In this section, the term `hazard' has the 
meaning given that term by section 602.''.

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

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of FEMA.
            (2) Emergency; major disaster.--The terms ``emergency'' and 
        ``major disaster'' have the meanings given such terms in 
        section 102 of the Stafford Act (42 U.S.C. 5122).
            (3) FEMA.--The term ``FEMA'' means the Federal Emergency 
        Management Agency.
            (4) Hazard.--The term ``hazard'' has the meaning given such 
        term in section 602 of the Stafford Act (42 U.S.C. 5195a).
            (5) Stafford act.--The term ``Stafford Act'' means the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).
    (b) Needs Assessment; Establishment of Criteria.--Not later than 90 
days after the date of enactment of this Act, the Administrator shall 
complete an assessment to determine the number of temporary housing 
units that FEMA needs to maintain in stock to respond appropriately to 
emergencies or major disasters occurring after the date of enactment of 
this Act.
    (c) Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        and guidelines for--
                    (A) storing the number of temporary housing units 
                that FEMA needs to maintain in stock, as determined by 
                the Administrator under subsection (b); and
                    (B) selling, transferring, donating, or otherwise 
                disposing of the temporary housing units in the 
                inventory of FEMA that are in excess of the number of 
                temporary housing units that FEMA needs to maintain in 
                stock, as determined by the Administrator under 
                subsection (b).
            (2) Report.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act and annually thereafter, 
                the Administrator shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report on the 
                actions that the Administrator has taken to establish 
                and implement the plan and guidelines established under 
                paragraph (1).
                    (B) Required information.--In each report submitted 
                under subparagraph (A), the Administrator shall 
                document the number of temporary housing units 
                remaining in the inventory of FEMA and the number of 
                units sold, transferred, donated, and otherwise 
                disposed of pursuant to this section.
            (3) Update.--The Administrator shall update the plan 
        established under paragraph (1) as necessary to ensure that the 
        Administrator maintains in the inventory of FEMA only those 
        temporary housing units that are needed to respond 
        appropriately to emergencies or major disasters.
    (d) Transfer of Temporary Housing Units to States.--
            (1) In general.--Notwithstanding section 408(d)(2) of the 
        Stafford Act (42 U.S.C. 5174(d)(2)), and subject to the 
        requirements of paragraph (2), the Administrator may transfer 
        or donate to States, on a priority basis, pursuant to 
        subsection (c)(1)(B), excess temporary housing units in the 
        inventory of FEMA.
            (2) State requests.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, a State may submit to 
                the Administrator a request to receive excess temporary 
                housing units under paragraph (1).
                    (B) Eligibility.--A State shall be eligible to 
                receive excess temporary housing units under paragraph 
                (1) if the State agrees--
                            (i) to use the units to provide temporary 
                        housing to survivors of incidents that are 
                        caused by hazards and that the Governor of the 
                        State determines require State assistance;
                            (ii) to pay to store and maintain the 
                        units;
                            (iii) in the event of a major disaster or 
                        emergency declared for the State by the 
                        President under the Stafford Act, to make the 
                        units available to the President or to use the 
                        units to provide housing directly to survivors 
                        of the major disaster or emergency in the 
                        State;
                            (iv) to comply with the nondiscrimination 
                        provisions of section 308 of the Stafford Act 
                        (42 U.S.C. 5151); and
                            (v) to obtain and maintain hazard and flood 
                        insurance on the units.
                    (C) Incidents.--The incidents referred to in 
                subparagraph (B)(i) may include incidents that do not 
                result in a declaration of a major disaster or 
                emergency by the President under the Stafford Act.
            (3) Distribution.--
                    (A) Establishment of process.--The Administrator 
                shall establish a process--
                            (i) to review requests submitted by States 
                        under paragraph (2); and
                            (ii) to distribute excess temporary housing 
                        units that are in the inventory of FEMA.
                    (B) Allocation.--If the number of temporary housing 
                units requested by States under paragraph (2) exceeds 
                the number of excess temporary housing units available, 
                the Administrator shall allocate the available units 
                among the States that have submitted a request.
            (4) Remaining temporary housing units.--Temporary housing 
        units that are not transferred or donated under paragraph (1) 
        shall be sold, transferred, donated, or otherwise disposed of 
        subject to the requirements of section 408(d)(2) of the 
        Stafford Act (42 U.S.C. 5174(d)(2)) and other applicable 
        provisions of law.
            (5) Limitation on statutory construction.--Nothing in this 
        section shall be construed to affect section 689k of the Post-
        Katrina Emergency Management Reform Act of 2006 (120 Stat. 
        1456). For purposes of that section, a transfer or donation to 
        a State of a temporary housing unit under paragraph (1) shall 
        be treated as a disposal to house individuals or households 
        under section 408 of the Stafford Act (42 U.S.C. 5174).

SEC. 205. OTHER METHODS OF DISPOSAL.

    Section 408(d)(2)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)) is amended--
            (1) in clause (i) by striking ``or'';
            (2) in clause (ii) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) may be sold, transferred, or 
                        donated directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of providing 
                        temporary housing to disaster victims in 
                        disasters and incidents caused by a hazard (as 
                        such term is defined in section 602) that do 
                        not result in a declaration of a major disaster 
                        or emergency if, as a condition of the sale, 
                        transfer, or donation, the State, other 
                        governmental agency, or voluntary organization 
                        agrees--
                                    ``(I) to comply with the 
                                nondiscrimination provisions of section 
                                308; and
                                    ``(II) to obtain and maintain 
                                hazard and flood insurance for the 
                                housing units.''.

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

    Not later than 180 days after the date of enactment of this Act, 
the President shall establish the criteria required under section 
404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c(c)(2)).

SEC. 207. REVIEW OF REGULATIONS AND POLICIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President, acting through the Administrator 
of the Federal Emergency Management Agency, shall review regulations 
and policies relating to Federal disaster assistance to eliminate 
regulations the President determines are no longer relevant, to 
harmonize contradictory regulations, and to simplify and expedite 
disaster recovery and assistance.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the President shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report describing changes made to regulations as a result of 
the review required under subsection (a), together with any legislative 
recommendations relating thereto.
    (c) State Hazard Mitigation Plans.--The President, acting through 
the Administrator, shall revise regulations related to the submission 
of State Hazard Mitigation Plans to extend the hazard mitigation 
planning cycle to every 5 years, consistent with local planning cycles.

SEC. 208. APPEALS PROCESS.

    Section 423(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended to read as 
follows:
    ``(b) Period for Decision.--
            ``(1) In general.--A decision regarding an appeal under 
        subsection (a) shall be rendered within 60 days after the date 
        on which the Federal official designated to administer such 
        appeal receives notice of such appeal.
            ``(2) Failure to satisfy deadline.--If the Federal official 
        fails to satisfy the requirement under paragraph (1), the 
        Federal official shall provide a written explanation of such 
        failure to the applicant. The President, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        transmit quarterly to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on such failures.''.

SEC. 209. IMPLEMENTATION OF COST ESTIMATING.

    Not later than 180 days after the date of enactment of this Act, 
the President, acting through the Administrator of the Federal 
Emergency Management Agency, shall issue and begin to implement the 
regulations required by section 406(e)(3)(C) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) 
to provide for cost estimation procedures that expedite recovery and to 
reduce the costs and time for completion of recovery projects through 
the creation of financial and performance incentives.

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

    (a) Major Disaster Requests.--Section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is 
amended--
            (1) by striking ``All requests for a declaration'' and 
        inserting ``(a) In General.--All requests for a declaration''; 
        and
            (2) by adding at the end the following:
    ``(b) Indian Tribal Government Requests.--
            ``(1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a declaration 
        by the President that a major disaster exists consistent with 
        the requirements of subsection (a).
            ``(2) References.--In implementing assistance authorized by 
        the President under this Act in response to a request of the 
        Chief Executive of an affected Indian tribal government for a 
        major disaster declaration, any reference in this title or 
        section 319 to a State or the Governor of a State is deemed to 
        refer to an affected Indian tribal government or the Chief 
        Executive of an affected Indian tribal government, as 
        appropriate.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.
    ``(c) Cost Share Adjustments for Indian Tribal Governments.--
            ``(1) In general.--In providing assistance to an Indian 
        tribal government under this title, the President may waive or 
        adjust any payment of a non-Federal contribution with respect 
        to the assistance if--
                    ``(A) the President has the authority to waive or 
                adjust the payment under another provision of this 
                title; and
                    ``(B) the President determines that the waiver or 
                adjustment is necessary and appropriate.
            ``(2) Criteria for making determinations.--The President 
        shall establish criteria for making determinations under 
        paragraph (1)(B).''.
    (b) Emergency Requests.--Section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is 
amended by adding at the end the following:
    ``(c) Indian Tribal Government Requests.--
            ``(1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a declaration 
        by the President that an emergency exists consistent with the 
        requirements of subsection (a).
            ``(2) References.--In implementing assistance authorized by 
        the President under this title in response to a request of the 
        Chief Executive of an affected Indian tribal government for an 
        emergency declaration, any reference in this title or section 
        319 to a State or the Governor of a State shall be deemed to 
        refer to an affected Indian tribal government or the Chief 
        Executive of an affected Indian tribal government, as 
        appropriate.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.''.
    (c) Definitions.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
            (1) in paragraph (7)(B) by striking ``; and'' and inserting 
        ``, that is not an Indian tribal government as defined in 
        paragraph (6); and'';
            (2) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) Indian tribal government.--The term `Indian tribal 
        government' means the governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, or community that 
        the Secretary of the Interior acknowledges to exist as an 
        Indian tribe under the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 479a et seq.).''; and
            (4) by adding at the end the following:
            ``(12) Chief executive.--The term `Chief Executive' means 
        the person who is recognized by the Secretary of the Interior 
        as the chief elected administrative officer of an Indian tribal 
        government.''.
    (d) References.--Title I of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by 
adding after section 102 the following:

``SEC. 103. REFERENCES.

    ``Except as otherwise specifically provided, any reference in this 
Act to `State and local', `State or local', or `State, local' with 
respect to governments or officials and any reference to a `local 
government' in section 417 is deemed to refer also to Indian tribal 
governments and officials, as appropriate.''.
    (e) Regulations.--
            (1) Issuance.--The President shall issue regulations to 
        carry out the amendments made by this section.
            (2) Factors.--In issuing the regulations, the President 
        shall consider the unique conditions that affect the general 
        welfare of Indian tribal governments.

SEC. 211. INDIVIDUAL ASSISTANCE FACTORS.

    In order to provide more objective criteria for evaluating the need 
for assistance to individuals and to speed a declaration of a major 
disaster or emergency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 1 
year after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency, in cooperation with 
representatives of State, tribal, and local emergency management 
agencies, shall review, update, and revise through rulemaking the 
factors considered under section 206.48 of title 44, Code of Federal 
Regulations, to measure the severity, magnitude, and impact of a 
disaster.

SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM.

    (a) Pilot Program.--
            (1) In general.--The President, acting through the 
        Administrator of the Federal Emergency Management Agency, and 
        in coordination with States, tribal and local governments, and 
        owners or operators of private non-profit facilities, shall 
        establish and conduct a pilot program to--
                    (A) reduce the costs to the Government of providing 
                assistance to States, tribal and local governments, and 
                owners or operators of private non-profit facilities 
                under section 406 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5172) 
                (referred to in this section as the ``Act'');
                    (B) increase flexibility in the administration of 
                section 406 of such Act; and
                    (C) expedite the provision of assistance to States, 
                tribal, and local governments provided under section 
                406 of the Act.
            (2) Participation.--Only States, tribal and local 
        governments, and owners or operators of private non-profit 
        facilities that elect to participate in the pilot program may 
        participate in the pilot program for their projects.
            (3) Administration.--
                    (A) In general.--For the purposes of the pilot 
                program, the Administrator shall establish new 
                procedures to administer assistance provided under 
                section 406 of the Act.
                    (B) New procedures.--The new procedures established 
                under subparagraph (A) shall include--
                            (i) making grants on the basis of estimates 
                        agreed to by the State, tribal, or local 
                        government, or owner or operator of a private 
                        non-profit facility and the Administrator to 
                        provide financial incentives and disincentives 
                        for the State, tribal, or local government, or 
                        owner or operator of a private non-profit 
                        facility for the timely and cost-effective 
                        completion of projects under section 406 of the 
                        Act;
                            (ii) notwithstanding sections 406(c)(1)(A) 
                        and 406(c)(2)(A) of the Act, providing an 
                        option for a State, tribal, or local 
                        government, or owner or operator of a private 
                        non-profit facility to elect to receive an in-
                        lieu contribution, without reduction, on the 
                        basis of estimates of the cost of repair, 
                        restoration, reconstruction, or replacement of 
                        a public facility owned or controlled by the 
                        State, tribal, or local government and of 
                        management expenses;
                            (iii) consolidating, to the extent 
                        determined appropriate by the Administrator, 
                        the facilities of a State, tribal, or local 
                        government, or owner or operator of a private 
                        nonprofit facility as a single project based 
                        upon the estimates established under the pilot 
                        procedures; and
                            (iv) notwithstanding any other provision of 
                        law, if the actual costs of a project completed 
                        under the pilot procedures are less than the 
                        estimated costs thereof, the Administrator may 
                        permit a grantee or sub grantee to use all or 
                        part of the excess funds for cost-effective 
                        activities that reduce the risk of future 
                        damage, hardship, or suffering from a major 
                        disaster.
            (4) Waiver.--The Administrator may waive such regulations 
        or rules applicable to the provisions of assistance in section 
        406 of the Act as the Administrator determines are necessary to 
        carry out the pilot program under this section.
    (b) Report.--
            (1) In general.--Not later than October 31, 2015, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report regarding the effectiveness of the pilot 
        program under this section.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) an assessment by the Administrator of any 
                administrative or financial benefits of the pilot 
                program;
                    (B) an assessment by the Administrator of the 
                effect, including any savings in time and cost, of the 
                pilot program;
                    (C) any other findings and conclusions of the 
                Administrator with respect to the pilot program; and
                    (D) any recommendations of the Administrator for 
                additional authority to continue or make permanent the 
                pilot program.
    (c) Deadline for Initiation of Implementation.--Not later than 90 
days after the date of enactment of this Act, the Administrator shall 
begin implementation of the pilot program under this section.
    (d) Pilot Program Duration.--The Administrator may not approve a 
project under the pilot program under this section after December 31, 
2014.

SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL PROCEDURES.

    (a) In General.--The President, acting through the Administrator of 
the Federal Emergency Management Agency, shall establish new procedures 
to administer assistance for debris and wreckage removal provided under 
sections 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)(A), 
5173, and 5192(a)(5)).
    (b) New Procedures.--The new procedures established under 
subsection (a) may include--
            (1) making grants on the basis of fixed estimates to 
        provide financial incentives and disincentives for the timely 
        or cost effective completion of projects under sections 
        403(a)(3)(A), 407, and 502(a)(5) of such Act if the State, 
        tribal, or local government, or owner or operator of the 
        private non-profit facility agrees to be responsible to pay for 
        any actual costs that exceed the estimate;
            (2) using a sliding scale for the Federal share for removal 
        of debris and wreckage based on the time it takes to complete 
        debris and wreckage removal;
            (3) allowing utilization of program income from recycled 
        debris without offset to grant amount;
            (4) reimbursing base and overtime wages for employees and 
        extra hires of a State, tribal, or local government, or owner 
        or operator of a private non-profit facility performing or 
        administering debris and wreckage removal; and
            (5) notwithstanding any other provision of law, if the 
        actual costs of projects under subsection (b)(1) are less than 
        the estimated costs thereof, the Administrator may permit a 
        grantee or sub grantee to use all or part of the excess funds 
        for any of the following purposes:
                    (A) Debris management planning.
                    (B) Acquisition of debris management equipment for 
                current or future use.
                    (C) Other activities to improve future debris 
                removal operations, as determined by the Administrator.

SEC. 214. USE OF FUNDS.

    Unless otherwise specified in this Act, the Administrator of the 
Federal Emergency Management Agency shall use amounts authorized 
pursuant to section 699 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 811) for reviews, reports, and studies included 
in this Act.

SEC. 215. REDUCTION OF AUTHORIZATION FOR EMERGENCY MANAGEMENT 
              PERFORMANCE GRANTS.

    Section 662(f)(5) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 762) is amended by striking ``$950,000,000'' and 
inserting ``$946,600,000''.

SEC. 216. TECHNICAL CORRECTION.

    Section 202(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5132(c)) is amended by striking 
``section 611(c)'' and inserting ``section 611(d)''.

SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT REAUTHORIZATION.

    (a) Short Title.--This section may be cited as the ``Dam Safety Act 
of 2012''.
    (b) Purpose.--The purpose of this section is to reduce the risks to 
life and property from dam failure in the United States through the 
reauthorization of an effective national dam safety program that brings 
together the expertise and resources of Federal and non-Federal 
communities in achieving national dam safety hazard reduction.
    (c) Amendments to the National Dam Safety Program Act.--
            (1) Administrator.--
                    (A) In general.--The National Dam Safety Program 
                Act (33 U.S.C. 467 et seq.) is amended by striking 
                ``Director'' each place it appears and inserting 
                ``Administrator''.
                    (B) Conforming amendment.--Section 2(3) of such Act 
                (33 U.S.C. 467(3)) is amended in the paragraph heading 
                by striking ``Director'' and inserting 
                ``Administrator''.
            (2) Inspection of dams.--Section 3(b)(1) of such Act (33 
        U.S.C. 467a(b)(1)) is amended by striking ``or maintenance'' 
        and inserting ``maintenance, condition, or provision for 
        emergency operations''.
            (3) National dam safety program.--
                    (A) Objectives.--Section 8(c)(4) of such Act (33 
                U.S.C. 467f(c)(4)) is amended to read as follows:
            ``(4) develop and implement a comprehensive dam safety 
        hazard education and public awareness program to assist the 
        public in mitigating against, preparing for, responding to, and 
        recovering from dam incidents;''.
                    (B) Board.--Section 8(f)(4) of such Act (33 U.S.C. 
                467f(f)(4)) is amended by inserting ``, representatives 
                from nongovernmental organizations,'' after ``State 
                agencies''.
            (4) Authorization of appropriations.--
                    (A) National dam safety program.--
                            (i) Annual amounts.--Section 13(a)(1) of 
                        such Act (33 U.S.C. 467j(a)(1)) is amended by 
                        striking ``$6,500,000 for fiscal year 2007, 
                        $7,100,000 for fiscal year 2008, $7,600,000 for 
                        fiscal year 2009, $8,300,000 for fiscal year 
                        2010, and $9,200,000 for fiscal year 2011'' and 
                        inserting ``$8,024,000 for each of fiscal years 
                        2012 through 2015''.
                            (ii) Maximum amount of allocation.--
                                    (I) In general.--Section 
                                13(a)(2)(B) of such Act (33 U.S.C. 
                                467j(a)(2)(B)) is amended by striking 
                                ``50 percent of the reasonable cost of 
                                implementing the State dam safety 
                                program'' and inserting ``the amount of 
                                funds committed by the State to 
                                implement dam safety program 
                                activities''.
                                    (II) Applicability.--The amendment 
                                made by subclause (I) shall apply to 
                                fiscal year 2013 and each fiscal year 
                                thereafter.
                    (B) National dam inventory.--Section 13(b) of such 
                Act (33 U.S.C. 467j(b)) is amended by striking 
                ``$650,000 for fiscal year 2007, $700,000 for fiscal 
                year 2008, $750,000 for fiscal year 2009, $800,000 for 
                fiscal year 2010, and $850,000 for fiscal year 2011'' 
                and inserting ``$383,000 for each of fiscal years 2012 
                through 2015''.
                    (C) Research.--Section 13(c) of such Act (33 U.S.C. 
                467j(c)) is amended by striking ``$1,600,000 for fiscal 
                year 2007, $1,700,000 for fiscal year 2008, $1,800,000 
                for fiscal year 2009, $1,900,000 for fiscal year 2010, 
                and $2,000,000 for fiscal year 2011'' and inserting 
                ``$1,000,000 for each of fiscal years 2012 through 
                2015''.
                    (D) Dam safety training.--Section 13(d) of such Act 
                (33 U.S.C. 467j(d)) is amended by striking ``$550,000 
                for fiscal year 2007, $600,000 for fiscal year 2008, 
                $650,000 for fiscal year 2009, $700,000 for fiscal year 
                2010, and $750,000 for fiscal year 2011'' and inserting 
                ``$750,000 for each of fiscal years 2012 through 
                2015''.
                    (E) Staff.--Section 13(e) of such Act (33 U.S.C. 
                467j(e)) is amended by striking ``$700,000 for fiscal 
                year 2007, $800,000 for fiscal year 2008, $900,000 for 
                fiscal year 2009, $1,000,000 for fiscal year 2010, and 
                $1,100,000 for fiscal year 2011'' and inserting 
                ``$436,000 for each of fiscal years 2012 through 
                2015''.
                                                 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; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```