IB 

Union Calendar No. 322 

111TH CONGRESS 

2D SESSION H. R. 3377 

[Report No. 111–562] 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to enhance the Nation’s disaster preparedness, response, recovery, 

and mitigation capabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2009 

Mr. OBERSTAR (for himself, Mr. MICA, Ms. NORTON, and Mr. MARIO DIAZBALART of Florida) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

JULY 22, 2010 

Additional sponsors: Mr. FILNER, Mr. BOSWELL, Mr. TAYLOR, Ms. HIRONO, 

Mr. HARE, Mr. CUMMINGS, Mr. MICHAUD, Mr. COHEN, Ms. SHEA-PORTER, and Mr. LARSEN of Washington 

JULY 22, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on July 29, 2009] 

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A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance the Nation’s disaster 

preparedness, response, recovery, and mitigation capabilities, and for other purposes. 

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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 ‘‘Disaster Response, Re5 covery, and Mitigation Enhancement Act of 2009’’. 

6 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—MAJOR DISASTER AND EMERGENCY ASSISTANCE 

ADMINISTRATION 

Sec. 101. Pre-disaster hazard mitigation. 

Sec. 102. Health benefits for temporary employees. 

Sec. 103. Disposal of excess property to assist other disaster survivors. 

Sec. 104. National Urban Search and Rescue Response System. 

Sec. 105. Disaster Relief Fund. 

TITLE II—MAJOR DISASTER AND EMERGENCY ASSISTANCE 

PROGRAMS 

Sec. 201. Additional mitigation assistance. 

Sec. 202. Temporary mortgage and rental payments. 

Sec. 203. Clarification of grant authority. 

Sec. 204. Case management services. 

Sec. 205. Household pets and service animals. 

Sec. 206. Storage, sale, transfer, and disposal of housing units. 

Sec. 207. Other methods of disposal. 

Sec. 208. Establishment of criteria relating to administration of hazard mitigation assistance by States. 

Sec. 209. Use of financial assistance to disseminate information regarding costeffective mitigation technologies. 

TITLE III—OTHER MATTERS 

Sec. 301. Emergency management assistance compact grants. 

Sec. 302. Authority to accept and use gifts. 

Sec. 303. Individual assistance factors. 

Sec. 304. Technical corrections to references. 

Sec. 305. Functions of Federal coordinating officer. 

Sec. 306. Federal interagency disaster recovery task force. 

Sec. 307. Debris removal. 

Sec. 308. Review of regulations and policies. 

Sec. 309. Appeals process. 

Sec. 310. Repair, restoration, and replacement of damaged facilities. 

Sec. 311. Special procedures for widespread damage. 

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1 TITLE I—MAJOR DISASTER AND 

2 EMERGENCY ASSISTANCE AD3 MINISTRATION 

4 SEC. 101. PRE-DISASTER HAZARD MITIGATION. 

5 (a) ALLOCATION OF FUNDS.—Section 203(f) of the 

6 Robert T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5133(f)) is amended to read as follows: 

8 ‘‘(f) ALLOCATION OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—The President shall award 

10 financial assistance under this section on a competi11 tive basis and in accordance with the criteria in sub12 section (g). 

13 ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In 

14 providing financial assistance under this section, the 

15 President shall ensure that the amount of financial 

16 assistance made available to a State (including 

17 amounts made available to local governments of the 

18 State) for a fiscal year— 

19 ‘‘(A) is not less than the lesser of— 

20 ‘‘(i) $575,000; or 

21 ‘‘(ii) the amount that is equal to one 

22 percent of the total funds appropriated to 

23 carry out this section for the fiscal year; 

24 and 

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1 ‘‘(B) does not exceed the amount that is 

2 equal to 15 percent of the total funds appro3 priated to carry out this section for the fiscal 

4 year.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 203(m) of such Act (42 U.S.C. 5133(m)) is amended to read 

7 as follows: 

8 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $250,000,000 for each of fiscal years 2010, 2011, and 

11 2012.’’. 

12 (c) REFERENCES.—Section 203 of such Act (42 U.S.C. 

13 5133) is amended— 

14 (1) in the section heading by striking 

15 ‘‘PREDISASTER’’ and inserting ‘‘PRE-DISASTER’’; 

16 (2) in the subsection heading for subsection (i) 

17 by striking ‘‘PREDISASTER’’ and inserting ‘‘PRE-DIS18 ASTER’’; 

19 (3) by striking ‘‘Predisaster’’ each place it ap20 pears and inserting ‘‘Pre-Disaster’’; and 

21 (4) by striking ‘‘predisaster’’ each place it ap22 pears and inserting ‘‘pre-disaster’’. 

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1 SEC. 102. HEALTH BENEFITS FOR TEMPORARY EMPLOYEES. 

2 Section 306 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5149) is amend4 ed by adding at the end the following: 

5 ‘‘(c) HEALTH BENEFITS.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding any provi7 sion of title 5, United States Code, or related regula8 tions limiting or prohibiting the provision of health 

9 benefits for temporary or intermittent employees, per10 sonnel appointed under subsection (b)(1) shall be eli11 gible to enroll in the Federal Employees Health Bene12 fits plan or any successor health benefits plan ap13 proved and administered by the Office of Personnel 

14 Management under terms and conditions set by the 

15 agency appointing the temporary personnel. 

16 ‘‘(2) ANNUAL REPORT.—Not later than one year 

17 after the date of enactment of this subsection, and an18 nually thereafter, the President shall submit to the 

19 Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Governmental Affairs of the 

22 Senate a report on the implementation of this sub23 section.’’. 

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1 SEC. 103. DISPOSAL OF EXCESS PROPERTY TO ASSIST 

2 OTHER DISASTER SURVIVORS. 

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

4 Emergency Assistance Act (42 U.S.C. 5141 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 327. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, 

7 AND EQUIPMENT. 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other provi9 sion of law, if the President determines that materials, sup10 plies, or equipment acquired by the President pursuant to 

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

12 with a major disaster or emergency is in excess of the 

13 amount needed for those efforts, the President may transfer 

14 the excess materials, supplies, or equipment, by sale, at a 

15 price that is fair and equitable, directly to a State, local 

16 government, or relief or disaster assistance organization for 

17 the purpose of— 

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

19 disasters and emergencies; and 

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

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

22 disaster or emergency if— 

23 ‘‘(A) the Governor of the affected State cer24 tifies that— 

25 ‘‘(i) there is an urgent need for the ma26 terials, supplies, or equipment; and 

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1 ‘‘(ii) the State is unable to provide the 

2 materials, supplies, or equipment in a time3 ly manner; and 

4 ‘‘(B) the President determines that the ma5 terials, supplies, or equipment is not readily 

6 available from commercial sources, except that 

7 this subparagraph shall not apply in the case of 

8 a transfer of perishable supplies. 

9 ‘‘(b) DEPOSIT OF PROCEEDS.—Notwithstanding any 

10 other provision of law, any proceeds received under sub11 section (a) shall be deposited in the appropriate Disaster 

12 Relief Fund account. 

13 ‘‘(c) HAZARD DEFINED.—In this section, the term 

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

15 SEC. 104. NATIONAL URBAN SEARCH AND RESCUE RE16 SPONSE SYSTEM. 

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

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

19 5141 et seq.) is further amended by adding at the end the 

20 following: 

21 ‘‘SEC. 328. NATIONAL URBAN SEARCH AND RESCUE RE22 SPONSE SYSTEM. 

23 ‘‘(a) DEFINITIONS.—In this section, the following defi24 nitions apply: 

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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Emer3 gency Management Agency. 

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

5 Federal Emergency Management Agency. 

6 ‘‘(3) HAZARD.—The term ‘hazard’ has the mean7 ing given that term by section 602. 

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

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

10 member not employed by a sponsoring agency or par11 ticipating agency. 

12 ‘‘(5) PARTICIPATING AGENCY.—The term ‘par13 ticipating agency’ means a State or local government, 

14 nonprofit organization, or private organization that 

15 has executed an agreement with a sponsoring agency 

16 to participate in the System. 

17 ‘‘(6) SPONSORING AGENCY.—The term ‘spon18 soring agency’ means a State or local government 

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

20 Administrator to participate in the System. 

21 ‘‘(7) SYSTEM.—The term ‘System’ means the Na22 tional Urban Search and Rescue Response System to 

23 be administered under this section. 

24 ‘‘(8) SYSTEM MEMBER.—The term ‘System mem25 ber’ means an individual who is not a full-time emmstockstill on DSKH9S0YB1PROD with BILLS

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1 ployee of the Federal Government, who serves on a 

2 task force or on a System management or other tech3 nical team. 

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

5 an urban search and rescue team designated by the 

6 Administrator to participate in the System. 

7 ‘‘(b) GENERAL AUTHORITY.—Subject to the require8 ments of this section, the Administrator shall continue to 

9 administer the emergency response system known as the Na10 tional Urban Search and Rescue Response System. 

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

12 Administrator shall provide for a national network of 

13 standardized search and rescue resources to assist States 

14 and local governments in responding to hazards. 

15 ‘‘(d) TASK FORCES.— 

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

17 designate task forces to participate in the System. The 

18 Administrator shall determine the criteria for such 

19 participation. 

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

21 shall have a sponsoring agency. The Administrator 

22 shall enter into an agreement with the sponsoring 

23 agency of each task force with respect to the partici24 pation of the task force in the System. 

25 ‘‘(3) COMPOSITION.— 

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

2 force may include, at the discretion of the spon3 soring agency of the task force, one or more par4 ticipating agencies. The sponsoring agency of a 

5 task force shall enter into an agreement with 

6 each participating agency of the task force with 

7 respect to the participation of the participating 

8 agency on the task force. 

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

10 may also include, at the discretion of the spon11 soring agency of the task force, other individuals 

12 not otherwise associated with the sponsoring 

13 agency or a participating agency of the task 

14 force. The sponsoring agency of a task force may 

15 enter into a separate agreement with each such 

16 individual with respect to the participation of 

17 the individual on the task force. 

18 ‘‘(e) MANAGEMENT AND TECHNICAL TEAMS.—The Ad19 ministrator shall maintain such management teams and 

20 other technical teams as the Administrator determines are 

21 necessary to administer the System. 

22 ‘‘(f) APPOINTMENT OF SYSTEM MEMBERS INTO FED23 ERAL SERVICE.— 

24 ‘‘(1) IN GENERAL.—The Administrator may ap25 point a System member into Federal service for a pemstockstill on DSKH9S0YB1PROD with BILLS

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1 riod of service to provide for the participation of the 

2 System member in exercises, preincident staging, 

3 major disaster and emergency response activities, and 

4 training events sponsored or sanctioned by the Ad5 ministrator. 

6 ‘‘(2) NONAPPLICABILITY OF CERTAIN CIVIL SERV7 ICE LAWS.—The Administrator may make appoint8 ments under paragraph (1) without regard to the pro9 visions of title 5, United States Code, governing ap10 pointments in the competitive service. 

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

12 The authority of the Administrator to make appoint13 ments under this subsection shall not affect any other 

14 authority of the Administrator under this Act. 

15 ‘‘(4) LIMITATION.—A System member who is ap16 pointed into Federal service under paragraph (1) 

17 shall not be deemed an employee of the United States 

18 for purposes other than those specifically set forth in 

19 this section. 

20 ‘‘(g) COMPENSATION.— 

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

22 terms and conditions as the Administrator may im23 pose by regulation, the Administrator shall make pay24 ments to the sponsoring agency of a task force— 

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1 ‘‘(A) to reimburse each employer of a Sys2 tem member on the task force for compensation 

3 paid by the employer to the System member for 

4 any period during which the System member is 

5 appointed into Federal service under subsection 

6 (f)(1); and 

7 ‘‘(B) to make payments directly to a non8 employee System member on the task force for 

9 any period during which the non-employee Sys10 tem member is appointed into Federal service 

11 under subsection (f)(1). 

12 ‘‘(2) REIMBURSEMENT FOR EMPLOYEES FILLING

13 POSITIONS OF SYSTEM MEMBERS.— 

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

15 and conditions as the Administrator may impose 

16 by regulation, the Administrator shall make pay17 ments to the sponsoring agency of a task force to 

18 reimburse each employer of a System member on 

19 the task force for compensation paid by the em20 ployer to an employee filling a position normally 

21 filled by the System member for any period dur22 ing which the System member is appointed into 

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

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

25 employer shall be eligible for reimbursement 

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1 under subparagraph (A) only to the extent that 

2 the costs are in excess of the costs that would 

3 have been incurred by the employer had the Sys4 tem member not been appointed into Federal 

5 service under subsection (f)(1). 

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

7 shall not be entitled to pay directly from the Agency 

8 for a period during which the System member is ap9 pointed into Federal service under subsection (f)(1). 

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

11 DEATH.— 

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

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

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

15 death as a result of a personal injury sustained while 

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

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

18 United States Code, be treated as though the member 

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

20 title) who had sustained the injury in the perform21 ance of duty. 

22 ‘‘(2) ELECTION OF BENEFITS.— 

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

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1 ber, the System member’s dependent) is enti2 tled— 

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

4 benefits under subchapter I of chapter 81 of 

5 title 5, United States Code, by reason of 

6 personal injury, illness, disability, or death, 

7 and 

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

9 local government by reason of the same per10 sonal injury, illness, disability, or death, 

11 the System member or dependent shall elect to 

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

13 or (ii). 

14 ‘‘(B) DEADLINE.—A System member or de15 pendent shall make an election of benefits under 

16 subparagraph (A) not later than one year after 

17 the date of the personal injury, illness, disability, 

18 or death that is the reason for the benefits or 

19 until such later date as the Secretary of Labor 

20 may allow for reasonable cause shown. 

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

22 benefits made under this paragraph is irrev23 ocable unless otherwise provided by law. 

24 ‘‘(3) REIMBURSEMENT FOR STATE OR LOCAL

25 BENEFITS.—Subject to such terms and conditions as 

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1 the Administrator may impose by regulation, in the 

2 event that a System member or dependent elects bene3 fits from a State or local government under para4 graph (2)(A), the Administrator shall reimburse the 

5 State or local government for the value of those bene6 fits. 

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

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

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

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

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

12 procedure. 

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

14 With respect to a System member who is not a regular full15 time employee of a sponsoring agency or participating 

16 agency, the following terms and conditions apply: 

17 ‘‘(1) Service as a System member shall be 

18 deemed ‘service in the uniformed services’ for purposes 

19 of chapter 43 of title 38, United States Code, relating 

20 to employment and reemployment rights of individ21 uals who have performed service in the uniformed 

22 services (regardless of whether the individual receives 

23 compensation for such participation). All rights and 

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1 ance, enforcement, and investigation shall be as pro2 vided for in such chapter. 

3 ‘‘(2) Preclusion of giving notice of service by ne4 cessity of appointment under this section shall be 

5 deemed preclusion by ‘military necessity’ for purposes 

6 of section 4312(b) of title 38, United States Code, per7 taining to giving notice of absence from a position of 

8 employment. A determination of such necessity shall 

9 be made by the Administrator and shall not be subject 

10 to judicial review. 

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

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

13 any State or other governmental jurisdiction evidencing the 

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

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

16 System member shall be deemed to be performing a Federal 

17 activity when rendering aid involving such skill or assist18 ance during a period of appointment into Federal service 

19 under subsection (f)(1). 

20 ‘‘(l) ADVISORY COMMITTEE.— 

21 ‘‘(1) IN GENERAL.—The Administrator shall es22 tablish and maintain an advisory committee to pro23 vide expert recommendations to the Administrator in 

24 order to assist the Administrator in administering the 

25 System. 

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

2 shall be composed of members from geographically di3 verse areas, and shall include— 

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

5 from at least 3 sponsoring agencies; 

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

7 least 2 States that include sponsoring agencies; 

8 and 

9 ‘‘(C) at least one representative rec10 ommended by the leaders of the task forces. 

11 ‘‘(3) INAPPLICABILITY OF TERMINATION RE12 QUIREMENT.—Section 14(a)(2) of the Federal Advi13 sory Committee Act (5 U.S.C. App.) shall not apply 

14 to the advisory committee under this subsection. 

15 ‘‘(m) PREPAREDNESS COOPERATIVE AGREEMENTS.— 

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

17 appropriations for such purpose, the Administrator 

18 shall enter into an annual preparedness cooperative 

19 agreement with each sponsoring agency. Amounts 

20 made available to a sponsoring agency under such a 

21 preparedness cooperative agreement shall be for the 

22 following purposes: 

23 ‘‘(A) Training and exercises, including 

24 training and exercises with other Federal, State, 

25 and local government response entities. 

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1 ‘‘(B) Acquisition and maintenance of equip2 ment, including interoperable communications 

3 and personal protective equipment. 

4 ‘‘(C) Medical monitoring required for re5 sponder safety and health in anticipation of and 

6 following a major disaster, emergency, or other 

7 hazard, as determined by the Administrator. 

8 ‘‘(2) AVAILABILITY OF APPROPRIATIONS.—Not9 withstanding section 1552(b) of title 31, United 

10 States Code, amounts made available for cooperative 

11 agreements under this subsection that are not ex12 pended shall be deposited in an Agency account and 

13 shall remain available for such agreements without 

14 fiscal year limitation. 

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

16 Administrator shall enter into a response cooperative agree17 ment with each sponsoring agency, as appropriate, under 

18 which the Administrator agrees to reimburse the sponsoring 

19 agency for costs incurred by the sponsoring agency in re20 sponding to a major disaster or emergency. 

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

22 necessary obligations consistent with this section in order 

23 to ensure the effectiveness of the System. 

24 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

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1 ‘‘(1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section $52,000,000 for 

3 each of fiscal years 2010, 2011, and 2012. Such sums 

4 shall be in addition to amounts made available from 

5 the Disaster Relief Fund for response cooperative 

6 agreements entered into under subsection (n). 

7 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Admin8 istrator may use not to exceed 6 percent of the funds 

9 appropriated for a fiscal year pursuant to paragraph 

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

11 costs incurred by the Administrator in carrying out 

12 this section.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) APPLICABILITY OF TITLE 5, UNITED STATES

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

16 Code, is amended— 

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

18 at the end; 

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

20 after subparagraph (E); 

21 (C) in subparagraph (F) by adding ‘‘and’’ 

22 at the end; and 

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

24 following: 

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1 ‘‘(G) an individual who is a System mem2 ber of the National Urban Search and Rescue 

3 Response System during a period of appoint4 ment into Federal service pursuant to section 

5 328 of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act;’’. 

7 (2) INCLUSION AS PART OF UNIFORMED SERV8 ICES FOR PURPOSES OF USERRA.—Section 4303 of 

9 title 38, United States Code, is amended— 

10 (A) in paragraph (13) by inserting ‘‘, a pe11 riod for which a System member of the National 

12 Urban Search and Rescue Response System is 

13 absent from a position of employment due to an 

14 appointment into Federal service under section 

15 328 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act’’ before ‘‘, and a pe17 riod’’; and 

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

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

20 members of the National Urban Search and Res21 cue Response System during a period of appoint22 ment into Federal service under section 328 of 

23 the Robert T. Stafford Disaster Relief and Emer24 gency Assistance Act,’’. 

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1 SEC. 105. DISASTER RELIEF FUND. 

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

3 Emergency Assistance Act (42 U.S.C. 5141 et seq.) is fur4 ther amended by adding at the end the following: 

5 ‘‘SEC. 329. DISASTER RELIEF FUND. 

6 ‘‘(a) IN GENERAL.—There is in the Treasury a fund 

7 known as the Disaster Relief Fund. 

8 ‘‘(b) DEPOSITS AND CREDITS.—The Fund shall consist 

9 of amounts appropriated and credited to the Fund pursu10 ant to this Act. 

11 ‘‘(c) ELIGIBLE USES OF FUND.—Amounts in the Fund 

12 shall be available to the President, as provided in advance 

13 in appropriations Acts— 

14 ‘‘(1) to provide assistance in response to a major 

15 disaster or emergency pursuant to titles IV and V; 

16 and 

17 ‘‘(2) for programs and activities of the Federal 

18 Emergency Management Agency that support the pro19 vision of such assistance, including readiness and 

20 other programs and activities that are not readily at21 tributable to a single major disaster or emergency. 

22 ‘‘(d) LIMITATION.—Amounts made available from the 

23 Fund for programs and activities referred to in subsection 

24 (c)(2) may not exceed $350,000,000 in any fiscal year. 

25 ‘‘(e) ANNUAL REPORT.—On or before the date on which 

26 the President submits the budget of the United States to 

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1 the Congress under section 1105 of title 31, United States 

2 Code, the President shall submit each year to the Committee 

3 on Transportation and Infrastructure of the House of Rep4 resentatives and the Committee on Homeland Security and 

5 Governmental Affairs of the Senate a report on the uses of 

6 the Fund in the previous fiscal year. 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to the Fund such sums as 

9 may be necessary. 

10 ‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts in the 

11 Fund shall remain available until expended.’’. 

12 TITLE II—MAJOR DISASTER AND 

13 EMERGENCY ASSISTANCE 

14 PROGRAMS 

15 SEC. 201. ADDITIONAL MITIGATION ASSISTANCE. 

16 (a) IN GENERAL.—Section 404 of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5170c) is amended by adding at the end the fol19 lowing: 

20 ‘‘(d) ADDITIONAL MITIGATION ASSISTANCE.— 

21 ‘‘(1) IN GENERAL.—If, as of the date of the dec22 laration of a major disaster, the Governor of the af23 fected State has submitted to the President a certifi24 cation under paragraph (2), and the State is in com25 pliance with updating procedures established under 

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1 paragraph (3), the President may increase the max2 imum total of contributions under this section for the 

3 major disaster, as specified in subsection (a) and sec4 tion 322(e), by an amount equal to 4 percent of the 

5 estimated aggregate amount of grants to be made (less 

6 any associated administrative costs) under this Act 

7 with respect to the major disaster. 

8 ‘‘(2) SUBMISSION OF CERTIFICATION.—To be eli9 gible for increased contributions under paragraph (1), 

10 a State shall submit to the President, subject to the 

11 approval of the President, a certification that the 

12 State’s building code— 

13 ‘‘(A) is consistent with the most recent 

14 version of a nationally recognized model building 

15 code; 

16 ‘‘(B) has been adopted by the State within 

17 6 years of the most recent version of the nation18 ally recognized model building code; 

19 ‘‘(C) uses the nationally recognized model 

20 building code as a minimum standard; and 

21 ‘‘(D) is being actively enforced by the State. 

22 ‘‘(3) PERIODIC UPDATES.— 

23 ‘‘(A) IN GENERAL.—A Governor of a State 

24 that has submitted a certification under para25 graph (2) shall update the State’s building code 

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1 and resubmit a certification under paragraph 

2 (2) at least once every 6 years. 

3 ‘‘(B) DEADLINES.—The President shall 

4 issue regulations establishing procedures for 

5 State compliance with the requirements of sub6 paragraph (A). The procedures shall be con7 sistent with requirements related to mitigation 

8 planning under section 322. 

9 ‘‘(4) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 ‘‘(A) ACTIVELY ENFORCE.—The term ‘ac12 tively enforce’ means jurisdictional execution of 

13 all phases of a State building code in the process 

14 of examination and approval of construction 

15 plans, specifications, and technical data and the 

16 inspection of new construction or renovation 

17 with respect to natural hazards. 

18 ‘‘(B) NATIONALLY RECOGNIZED MODEL

19 BUILDING CODE.—The term ‘nationally recog20 nized model building code’ means a building 

21 code for residential and commercial construction 

22 and construction materials that— 

23 ‘‘(i) has been developed and published 

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1 sensus type forum with input from national 

2 experts; and 

3 ‘‘(ii) is based on national structural 

4 design standards that establish minimum 

5 acceptable criteria for the design, construc6 tion, and maintenance of residential and 

7 commercial buildings for the purpose of pro8 tecting the health, safety, and general wel9 fare of the building’s users against natural 

10 disasters. 

11 ‘‘(C) STATE BUILDING CODE.—The term 

12 ‘State building code’ means requirements and as13 sociated standards for residential and commer14 cial construction and construction materials that 

15 are implemented on a statewide basis by ordi16 nance, resolution, law, housing or building code, 

17 or zoning ordinance. At a minimum, such re18 quirements and associated standards shall 

19 apply— 

20 ‘‘(i) to construction-related activities of 

21 residential building contractors applicable 

22 to single-family and 2-family residential 

23 structures; and 

24 ‘‘(ii) to construction-related activities 

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1 mercial building contractors applicable to 

2 the structural safety, design, and construc3 tion of commercial, industrial, and multi4 family structures. 

5 ‘‘(5) REGULATIONS.—The President, acting 

6 through the Administrator of the Federal Emergency 

7 Management Agency, shall issue such regulations as 

8 may be necessary to carry out this subsection.’’. 

9 (b) CRITERIA FOR ASSISTANCE AWARDS.—Section 

10 203(g) of such Act (42 U.S.C. 5133(g)) is amended— 

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

12 (9); 

13 (2) by redesignating paragraph (10) as para14 graph (11); and 

15 (3) by inserting after paragraph (9) the fol16 lowing: 

17 ‘‘(10) in the case of a State, whether the State 

18 has in effect and is actively enforcing a State build19 ing code in a manner consistent with section 404(d); 

20 and’’. 

21 SEC. 202. TEMPORARY MORTGAGE AND RENTAL PAYMENTS. 

22 Section 408(c) of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act (42 U.S.C. 5174(c)) is 

24 amended by adding at the end the following: 

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1 ‘‘(5) TEMPORARY MORTGAGE AND RENTAL PAY2 MENTS.—The President may provide assistance on a 

3 temporary basis in the form of mortgage or rental 

4 payments to or on behalf of individuals and families 

5 who, as a result of financial hardship caused by a 

6 major disaster, are at imminent risk of dispossession 

7 or eviction from a residence by reason of foreclosure 

8 of any mortgage or lien, cancellation of any contract 

9 for sale, or termination of any lease, entered into 

10 prior to such disaster. Such assistance shall be pro11 vided for the duration of the period of financial hard12 ship, but not to exceed 18 months of assistance or the 

13 maximum amount of assistance that is authorized to 

14 be provided pursuant to subsection (h).’’. 

15 SEC. 203. CLARIFICATION OF GRANT AUTHORITY. 

16 (a) SECTION 418.—Section 418 of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5185) is amended— 

19 (1) by striking the section heading and all that 

20 follows though ‘‘The President’’ and inserting the fol21 lowing: 

22 ‘‘SEC. 418. EMERGENCY COMMUNICATIONS. 

23 ‘‘(a) IN GENERAL.—The President’’; 

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1 (2) by inserting ‘‘to provide assistance, including 

2 financial assistance, equipment, supplies, and per3 sonnel, in order’’ before ‘‘to establish’’; and 

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

5 ‘‘(b) FEDERAL SHARE.—The Federal share of assist6 ance under this section shall be not less than 75 percent 

7 of the eligible cost of such assistance.’’. 

8 (b) SECTION 419.—Section 419 of such Act (42 U.S.C. 

9 5186) is amended— 

10 (1) by striking the section heading and all that 

11 follows through ‘‘The President’’ inserting the fol12 lowing: 

13 ‘‘SEC. 419. EMERGENCY PUBLIC TRANSPORTATION. 

14 ‘‘(a) IN GENERAL.—The President’’; 

15 (2) by inserting ‘‘to provide assistance to a State 

16 or local government, including financial assistance, 

17 equipment, supplies, and personnel, in order’’ before 

18 ‘‘to provide’’ the first place it appears; 

19 (3) by striking ‘‘a major’’ and inserting ‘‘an 

20 emergency or major’’; and 

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

22 ‘‘(b) FEDERAL SHARE.—The Federal share of assist23 ance under this section shall be not less than 75 percent 

24 of the eligible cost of such assistance.’’. 

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1 (c) SECTION 309.—Section 309(b) of such Act (42 

2 U.S.C. 5152(b)) is amended by inserting ‘‘, including grant 

3 agreements,’’ after ‘‘agreements’’. 

4 SEC. 204. CASE MANAGEMENT SERVICES. 

5 (a) CASE MANAGEMENT SERVICES.—Section 426 of 

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5189d) is amended— 

8 (1) by striking ‘‘qualified private organizations’’ 

9 and inserting ‘‘qualified relief or disaster assistance 

10 organizations’’; and 

11 (2) by striking ‘‘services, to victims’’ and insert12 ing ‘‘services to survivors’’. 

13 (b) CASE MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than one year after 

15 the date of enactment of this Act, the Administrator 

16 of the Federal Emergency Management Agency shall 

17 implement a plan to ensure that the Federal Emer18 gency Management Agency is the lead Federal agency 

19 in coordinating and managing case management 

20 services referred to in section 426 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5189d) for survivors of a major dis23 aster. To assist in providing such case management 

24 services, the Administrator may use State or local 

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1 government agencies or qualified relief or disaster as2 sistance organizations. 

3 (2) REPORT.—Not later than 30 days after the 

4 date of enactment of this Act, the Administrator shall 

5 submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate a report that reviews in detail 

9 the actions the Administrator is taking— 

10 (A) to ensure that the Federal Emergency 

11 Management Agency is the lead agency in co12 ordinating and managing case management 

13 services for survivors of a major disaster; and 

14 (B) to involve qualified relief or disaster as15 sistance organizations referred to in section 426 

16 of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5189d) to 

18 assist in providing case management services. 

19 SEC. 205. HOUSEHOLD PETS AND SERVICE ANIMALS. 

20 (a) EMERGENCY ASSISTANCE.—Section 502(a) of the 

21 Robert T. Stafford Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5192(a)) is amended— 

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

24 (7); 

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1 (2) by striking the period at the end of para2 graph (8) and inserting ‘‘; and’’; and 

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

4 ‘‘(9) provide assistance for rescue, care, shelter, 

5 and essential needs— 

6 ‘‘(A) to individuals with household pets and 

7 service animals; and 

8 ‘‘(B) to such pets and animals.’’. 

9 (b) TECHNICAL CORRECTIONS.—Section 403(a)(3) of 

10 such Act (42 U.S.C. 5170b(a)(3)) is amended— 

11 (1) in subparagraph (B) by striking ‘‘medical 

12 equipment,,’’ and inserting ‘‘medical equipment,’’; 

13 and 

14 (2) by striking the second subparagraph (J), as 

15 added by section 4 of Public Law 109–308 (120 Stat. 

16 1726). 

17 SEC. 206. STORAGE, SALE, TRANSFER, AND DISPOSAL OF 

18 HOUSING UNITS. 

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

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of FEMA. 

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

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

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1 given such terms in section 102 of the Stafford Act 

2 (42 U.S.C. 5122). 

3 (3) FEMA.—The term ‘‘FEMA’’ means the Fed4 eral Emergency Management Agency. 

5 (4) HAZARD.—The term ‘‘hazard’’ has the mean6 ing given such term in section 602 of the Stafford Act 

7 (42 U.S.C. 5195a). 

8 (5) SUITABLE CONDITION.—The term ‘‘suitable 

9 condition’’ means, with respect to a temporary hous10 ing unit, a unit that satisfies, as determined by the 

11 Administrator, the criteria of disposal condition code 

12 1, 4, or 7 under section 102–36.240 of title 41, Code 

13 of Federal Regulations, as in effect on the date of en14 actment of this Act. 

15 (6) STAFFORD ACT.—The term ‘‘Stafford Act’’ 

16 means the Robert T. Stafford Disaster Relief and 

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

18 (b) NEEDS ASSESSMENT; ESTABLISHMENT OF CRI19 TERIA.—Not later than 3 months after the date of enact20 ment of this Act, the Administrator shall— 

21 (1) complete an assessment to determine the 

22 number of temporary housing units that FEMA needs 

23 to maintain in stock to respond appropriately to 

24 emergencies or major disasters occurring after the 

25 date of enactment of this Act; and 

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1 (2) establish criteria for determining whether the 

2 individual temporary housing units stored by FEMA 

3 are in suitable condition. 

4 (c) PLAN.— 

5 (1) IN GENERAL.—Not later than 6 months after 

6 the date of enactment of this Act, the Administrator 

7 shall establish a plan for— 

8 (A) storing the number of temporary hous9 ing units that FEMA needs to maintain in 

10 stock, as determined by the Administrator under 

11 subsection (b)(1); 

12 (B) selling, transferring, donating, or other13 wise disposing of the temporary housing units in 

14 the inventory of FEMA, as of the date of enact15 ment of this Act, that— 

16 (i) are in excess of the number of tem17 porary housing units that FEMA needs to 

18 maintain in stock, as determined by the Ad19 ministrator under subsection (b)(1); and 

20 (ii) are in suitable condition, as deter21 mined by the Administrator based on the 

22 criteria established under subsection (b)(2); 

23 and 

24 (C) disposing of temporary housing units in 

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1 ment of this Act, that the Administrator deter2 mines are not in suitable condition, as deter3 mined by the Administrator based on the criteria 

4 established under subsection (b)(2). 

5 (2) METHOD FOR DISPOSAL OF TEMPORARY

6 HOUSING UNITS THAT ARE NOT IN SUITABLE CONDI7 TION.—Disposals of temporary housing units pursu8 ant to paragraph (1)(C) shall be made by the Admin9 istrator of General Services in a manner that ensures 

10 that the trailers are not able to be used for housing 

11 and are salvaged or scraped. 

12 (3) IMPLEMENTATION.— 

13 (A) IN GENERAL.—Not later than 9 months 

14 after the date of enactment of this Act, the Ad15 ministrator shall begin to implement the plan es16 tablished under paragraph (1). 

17 (B) COMPLETION OF DISPOSAL OF UNITS.— 

18 Not later than 2 years after the date of enact19 ment of this Act, the sale, transfer, donation, or 

20 other disposal of all units under paragraphs 

21 (1)(B) and (1)(C) that the Administrator has de22 termined are not necessary to maintain in stock 

23 shall be completed. 

24 (4) REPORT.— 

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1 (A) IN GENERAL.—Not later than 6 months 

2 after the date of enactment of this Act, and every 

3 3 months thereafter until the sale, transfer, dona4 tion, or other disposal of all units under para5 graphs (1)(B) and (1)(C) is complete, the Ad6 ministrator shall submit to the Committee on 

7 Transportation and Infrastructure of the House 

8 of Representatives and the Committee on Home9 land Security and Governmental Affairs of the 

10 Senate a report on the actions that the Adminis11 trator has taken to establish and implement the 

12 plan established under paragraph (1). 

13 (B) REQUIRED INFORMATION.—In each re14 port submitted under subparagraph (A), the Ad15 ministrator shall document the number of tem16 porary housing units remaining in the inventory 

17 of FEMA and the number of units sold, trans18 ferred, donated, and otherwise disposed of pursu19 ant to this section. 

20 (5) UPDATE.—The Administrator shall update 

21 the plan established under paragraph (1) as necessary 

22 to ensure that the Administrator maintains in the in23 ventory of FEMA only those temporary housing units 

24 that— 

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1 (A) are needed to respond appropriately to 

2 emergencies or major disasters; and 

3 (B) are in suitable condition. 

4 (d) TRANSFER OF TEMPORARY HOUSING UNITS TO

5 STATES.— 

6 (1) IN GENERAL.—Notwithstanding section 

7 408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)), 

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

9 Administrator may transfer or donate to States, on a 

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

11 temporary housing units in the inventory of FEMA 

12 that are in suitable condition. 

13 (2) STATE REQUESTS.— 

14 (A) IN GENERAL.—Not later than 6 months 

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

16 may submit to the Administrator a request to re17 ceive excess temporary housing units under 

18 paragraph (1). 

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

20 to receive excess temporary housing units under 

21 paragraph (1) if the State agrees— 

22 (i) to use the units to provide tem23 porary housing to survivors of incidents 

24 that are caused by hazards and that the 

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1 Governor of the State determines require 

2 State assistance; 

3 (ii) to pay to store and maintain the 

4 units in suitable condition; 

5 (iii) to test the units for formaldehyde; 

6 (iv) to ensure that the formaldehyde 

7 levels of the units do not exceed the thresh8 old determined acceptable by the State be9 fore making the units available to house 

10 survivors of an incident; 

11 (v) in the event of a major disaster or 

12 emergency declared for the State by the 

13 President under the Stafford Act, to make 

14 the units available to the President or to use 

15 the units to provide housing directly to sur16 vivors of the major disaster or emergency in 

17 the State; 

18 (vi) to comply with the nondiscrimina19 tion provisions of section 308 of the Stafford 

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

21 (vii) to obtain and maintain hazard 

22 and flood insurance on the units. 

23 (C) INCIDENTS.—The incidents referred to 

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

25 that do not result in a declaration of a major 

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1 disaster or emergency by the President under the 

2 Stafford Act. 

3 (3) DISTRIBUTION.— 

4 (A) ESTABLISHMENT OF PROCESS.—The 

5 Administrator shall establish a process— 

6 (i) to review requests submitted by 

7 States under paragraph (2); and 

8 (ii) to distribute excess temporary 

9 housing units that are in the inventory of 

10 FEMA that are in suitable condition. 

11 (B) ALLOCATION.—If the number of tem12 porary housing units requested by States under 

13 paragraph (2) exceeds the number of excess tem14 porary housing units available, the Adminis15 trator shall allocate the available units among 

16 the States that have submitted a request. 

17 (4) REMAINING TEMPORARY HOUSING UNITS.— 

18 Temporary housing units that are not transferred or 

19 donated under the process established under para20 graph (1) shall be sold, transferred, donated, or other21 wise disposed of subject to the requirements of section 

22 408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)) 

23 and other applicable provisions of law. 

24 (5) LIMITATION ON STATUTORY CONSTRUC25 TION.—Nothing in this section shall be construed to 

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1 affect section 689k of the Post-Katrina Emergency 

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

3 For purposes of that section, a transfer or donation 

4 to a State of a temporary housing unit under para5 graph (1) shall be treated as a disposal to house indi6 viduals or households under section 408 of the Staf7 ford Act (42 U.S.C. 5174). 

8 SEC. 207. OTHER METHODS OF DISPOSAL. 

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

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

11 5174(d)(2)(B)) is amended— 

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

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

14 end and inserting ‘‘; or’’; and 

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

16 ‘‘(iii) may be sold directly to a State 

17 or other governmental entity or to a vol18 untary organization for the sole purpose of 

19 providing temporary housing to disaster 

20 victims in disasters and incidents caused by 

21 a hazard (as such term is defined in section 

22 602) that do not result in a declaration of 

23 a major disaster or emergency if, as a con24 dition of the sale, the State, other governmstockstill on DSKH9S0YB1PROD with BILLS

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1 mental agency, or voluntary organization 

2 agrees— 

3 ‘‘(I) to comply with the non4 discrimination provisions of section 

5 308; and 

6 ‘‘(II) to obtain and maintain haz7 ard and flood insurance in the housing 

8 units.’’. 

9 SEC. 208. ESTABLISHMENT OF CRITERIA RELATING TO AD10 MINISTRATION OF HAZARD MITIGATION AS11 SISTANCE BY STATES. 

12 Not later than 180 days after the date of enactment 

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

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

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

16 5170c(c)(2)). 

17 SEC. 209. USE OF FINANCIAL ASSISTANCE TO DISSEMINATE 

18 INFORMATION REGARDING COST-EFFECTIVE 

19 MITIGATION TECHNOLOGIES. 

20 Section 203(e)(2) of the Robert T. Stafford Disaster 

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

22 5133(e)(2)) is amended by inserting after ‘‘10 percent’’ the 

23 following: ‘‘(or up to 15 percent if approved by the Presi24 dent)’’. 

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1 TITLE III—OTHER MATTERS 

2 SEC. 301. EMERGENCY MANAGEMENT ASSISTANCE COM3 PACT GRANTS. 

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

5 T. Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5196 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COM9 PACT GRANTS. 

10 ‘‘(a) IN GENERAL.—The Administrator may make 

11 grants to provide for implementation of the Emergency 

12 Management Assistance Compact consented to by Congress 

13 in the joint resolution entitled ‘Joint resolution granting 

14 the consent of Congress to the Emergency Management As15 sistance Compact’ (Public Law 104–321; 110 Stat. 3877). 

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

17 Administrator of the Emergency Management Assistance 

18 Compact shall be eligible to receive grants under subsection 

19 (a). 

20 ‘‘(c) USE OF FUNDS.—A grant received under this sec21 tion shall be used— 

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

23 the Emergency Management Assistance Compact 

24 after-action reports for the 2004 and 2005 hurricane 

25 seasons; 

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

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

3 have enacted the compact; 

4 ‘‘(3) to continue coordination with the Agency 

5 and appropriate Federal agencies; 

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

7 local governments and their respective national orga8 nizations; and 

9 ‘‘(5) to assist State and local governments, emer10 gency response providers, and organizations rep11 resenting such providers with credentialing the pro12 viders and the typing of emergency response resources. 

13 ‘‘(d) COORDINATION.—The Administrator shall consult 

14 with the Administrator of the Emergency Management As15 sistance Compact to ensure effective coordination of efforts 

16 in responding to requests for assistance. 

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

18 authorized to be appropriated to carry out this section 

19 $4,000,000 for each of fiscal years 2010, 2011, and 2012. 

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

21 (b) REPEAL.—Section 661 of the Post-Katrina Emer22 gency Management Reform Act of 2006 (6 U.S.C. 761) is 

23 repealed. 

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1 SEC. 302. AUTHORITY TO ACCEPT AND USE GIFTS. 

2 The first sentence of section 701(b) of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5201(b)) is amended by inserting ‘‘, through any 

5 means including grants,’’ before ‘‘bequests’’. 

6 SEC. 303. INDIVIDUAL ASSISTANCE FACTORS. 

7 In order to provide more objective criteria for evalu8 ating the need for assistance to individuals and to speed 

9 a declaration of a major disaster or emergency under the 

10 Robert T. Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5121 et seq.), not later than one year 

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

13 of the Federal Emergency Management Agency, in coopera14 tion with representatives of State and local emergency man15 agement agencies, shall review, update, and revise through 

16 rulemaking the factors considered under section 206.48 of 

17 title 44, Code of Federal Regulations, to measure the sever18 ity, magnitude, and impact of a disaster. 

19 SEC. 304. TECHNICAL CORRECTIONS TO REFERENCES. 

20 The Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5121 et seq.) is amended— 

22 (1) by redesignating the second section 425 (as 

23 added by section 607 of the Security and Account24 ability for Every Port Act of 2006 (120 Stat. 1941)) 

25 as section 427; 

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1 (2) in section 602(a) by striking paragraph (7) 

2 and inserting the following: 

3 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis4 trator’ means the Administrator of the Federal Emer5 gency Management Agency.’’; and 

6 (3) by striking ‘‘Director’’ each place it appears 

7 and inserting ‘‘Administrator’’, except— 

8 (A) the second and fourth places it appears 

9 in section 622(c); and 

10 (B) in section 626(b). 

11 SEC. 305. FUNCTIONS OF FEDERAL COORDINATING OFFI12 CER. 

13 Section 302(b) of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5143(b)) is 

15 amended— 

16 (1) in paragraph (3) by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (4) as para19 graph (6); and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) not later than one month after the date of 

23 the declaration of a major disaster or emergency, 

24 make an initial appraisal of the types of recovery as25 sistance needed that incorporates, as appropriate, recmstockstill on DSKH9S0YB1PROD with BILLS

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1 ommendations of the Federal interagency disaster re2 covery task force established under section 330; 

3 ‘‘(5) coordinate with State government officials 

4 the establishment of detailed short-term and long-term 

5 recovery plans and methods for implementation of 

6 such plans; and’’. 

7 SEC. 306. FEDERAL INTERAGENCY DISASTER RECOVERY 

8 TASK FORCE. 

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

10 Emergency Assistance Act (42 U.S.C. 5141 et seq.), as 

11 amended by this Act, is further amended by adding at the 

12 end the following: 

13 ‘‘SEC. 330. FEDERAL INTERAGENCY DISASTER RECOVERY 

14 TASK FORCE. 

15 ‘‘(a) ESTABLISHMENT.—The President shall establish 

16 a Federal interagency disaster recovery task force (herein17 after referred to in this section as the ‘task force’) to carry 

18 out the following: 

19 ‘‘(1) Identify, maintain a catalogue of, and sub20 mit to the Committee on Transportation and Infra21 structure of the House of Representatives and the 

22 Committee on Homeland Security and Governmental 

23 Affairs of the Senate at least annually a report de24 scribing the Federal programs that may be used to as25 sist in recovery efforts after a major disaster or emermstockstill on DSKH9S0YB1PROD with BILLS

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1 gency and make such report available to the public on 

2 the Internet. 

3 ‘‘(2) Ensure ongoing communication between the 

4 Federal departments and agencies determined by the 

5 President to administer the Federal programs referred 

6 to in paragraph (1) to enhance and expedite the re7 covery efforts of the Federal Government with respect 

8 to a major disaster or emergency. 

9 ‘‘(b) CHAIRPERSON.—The Administrator of the Fed10 eral Emergency Management Agency shall serve as the 

11 chairperson of the task force. 

12 ‘‘(c) MEMBERSHIP.—The task force shall include a 

13 representative of each Federal department and agency de14 termined by the President to administer a program that 

15 may be used to assist in recovery efforts after a major dis16 aster or emergency. 

17 ‘‘(d) MEETING FREQUENCY.—The task force shall meet 

18 at least once each year.’’. 

19 SEC. 307. DEBRIS REMOVAL. 

20 Section 407(d) of the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5173(d)) is 

22 amended by adding at the end the following: ‘‘The Federal 

23 share shall be increased by 5 percent for States and local 

24 governments that (1) have a debris management plan ap25 proved by the Administrator of the Federal Emergency 

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1 Management Agency; and (2) have prequalified 2 or more 

2 debris and wreckage removal contractors before the date of 

3 declaration of the major disaster. To qualify for the in4 creased Federal share under the preceding sentence, a debris 

5 management plan shall be resubmitted to the Administrator 

6 for approval every 4 years.’’. 

7 SEC. 308. REVIEW OF REGULATIONS AND POLICIES. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of enactment of this Act, the President shall review 

10 regulations and policies relating to Federal disaster assist11 ance to eliminate regulations the President determines are 

12 no longer relevant, to harmonize contradictory regulations, 

13 and to simplify and expedite disaster recovery and assist14 ance. 

15 (b) REPORT.—Not later than 18 months after the date 

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

17 the Committee on Transportation and Infrastructure of the 

18 House of Representatives and the Committee on Homeland 

19 Security and Governmental Affairs of the Senate a report 

20 describing changes made to regulations as a result of the 

21 review required under subsection (a), together with any leg22 islative recommendations relating thereto. 

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1 SEC. 309. APPEALS PROCESS. 

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

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

4 amended to read as follows: 

5 ‘‘(b) PERIOD FOR DECISION.— 

6 ‘‘(1) IN GENERAL.—A decision regarding an ap7 peal under subsection (a) shall be rendered within 60 

8 days after the date on which the Federal official des9 ignated to administer such appeal receives notice of 

10 such appeal. 

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

12 Federal official fails to satisfy the requirement under 

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

14 written explanation of such failure to the applicant. 

15 The President shall transmit quarterly to the Com16 mittee on Transportation and Infrastructure of the 

17 House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate a report on such failures.’’. 

20 SEC. 310. REPAIR, RESTORATION, AND REPLACEMENT OF 

21 DAMAGED FACILITIES. 

22 (a) AMOUNT REGARDING NOTIFICATION AND RE23 PORTS.—Section 406(a) of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) 

25 is amended— 

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1 (1) in paragraph (4) by striking ‘‘$20,000,000’’ 

2 and inserting ‘‘$5,000,000’’; and 

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

4 ‘‘(5) CONTRIBUTION STATUS REPORTS.—Not less 

5 frequently than every 180 days, the President shall 

6 transmit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Homeland Security and Governmental 

9 Affairs of the Senate a report on the status of appli10 cations, obligations, and contributions under this sec11 tion with respect to each major disaster for which, on 

12 the date of the transmission of such report, a con13 tribution is eligible to be requested or made under this 

14 section.’’. 

15 (b) ISSUANCE OF REGULATIONS RELATING TO ELIGI16 BLE COSTS.—Not later than 180 days after the date of en17 actment of this Act, the President shall issue and begin to 

18 implement the regulations required by section 406(e)(3)(C) 

19 of the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5172(e)(3)(C)) to provide for cost 

21 estimation procedures that expedite recovery and to reduce 

22 the costs and time for completion of recovery projects 

23 through the creation of financial and performance incen24 tives 

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1 SEC. 311. SPECIAL PROCEDURES FOR WIDESPREAD DAM2 AGE. 

3 (a) IN GENERAL.—Section 406 of the Robert T. Staf4 ford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5172) is further amended by adding at the end the 

6 following: 

7 ‘‘(f) SPECIAL PROCEDURES FOR WIDESPREAD DAM8 AGE.— 

9 ‘‘(1) IN GENERAL.—If, at the request of the Gov10 ernor of a State, the President makes a determination 

11 that a major disaster has caused extensive and wide12 spread damage and destruction in the State and that 

13 utilizing special procedures to expedite the repair, res14 toration, reconstruction, or replacement of eligible fa15 cilities under this section is in the public interest, the 

16 President may provide assistance under this section 

17 in connection with the major disaster utilizing the 

18 special procedures. 

19 ‘‘(2) CONDITIONS FOR ASSISTANCE.— 

20 ‘‘(A) IN GENERAL.—In providing assistance 

21 under the special procedures authorized by this 

22 subsection, the President may provide such as23 sistance subject to any limitations or other con24 ditions the President establishes by regulation. 

25 ‘‘(B) FACILITY RECOVERY SPENDING

26 PLAN.—To be eligible for assistance under the 

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1 special procedures authorized by this subsection, 

2 a State shall submit to the President a facility 

3 recovery spending plan. Receipt of assistance 

4 under the special procedures shall be conditioned 

5 on a determination by the President that the 

6 plan is consistent with the requirements under 

7 this section. 

8 ‘‘(3) PLANNING ASSISTANCE.— 

9 ‘‘(A) IN GENERAL.—Not later than 10 days 

10 after the date the President makes an affirmative 

11 determination, at the request of a State, under 

12 paragraph (1) (or at a later date if requested by 

13 the Governor of the State), the President shall 

14 provide the State with assistance to develop a 

15 plan under paragraph (2)(B). 

16 ‘‘(B) TYPES OF ASSISTANCE.— 

17 ‘‘(i) FINANCIAL ASSISTANCE.—The 

18 President may provide financial assistance 

19 to a State to assist the development of a 

20 plan under paragraph (2)(B). 

21 ‘‘(ii) TECHNICAL ASSISTANCE.—The 

22 President may provide, as appropriate, 

23 technical assistance to a State to assist the 

24 development of a plan under paragraph 

25 (2)(B). 

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1 ‘‘(iii) EMERGENCY MANAGEMENT AS2 SISTANCE COMPACT.—Assistance to develop 

3 a plan under paragraph (2)(B) may in4 clude assistance through the Emergency 

5 Management Assistance Compact described 

6 in section 617. 

7 ‘‘(4) LARGE IN-LIEU CONTRIBUTIONS.—In pro8 viding assistance under the special procedures author9 ized by this subsection, notwithstanding the percent10 ages specified in subsections (c)(1)(A) and (c)(2)(A), 

11 the President may make a contribution to a State or 

12 local government or person that owns or operates a 

13 private nonprofit facility for the purposes described 

14 in such subsections in an amount up to 100 percent 

15 of the Federal share of the Federal estimate of the cost 

16 of repairing, restoring, reconstructing, or replacing a 

17 facility if the President determines a contribution in 

18 that amount is in the public interest.’’. 

19 (b) REGULATIONS.— 

20 (1) INTERIM FINAL RULE.—Not later than 180 

21 days after the date of enactment of this Act, the Ad22 ministrator of the Federal Emergency Management 

23 Agency shall issue an interim final rule to establish 

24 special procedures under section 406(f) of the Robert 

25 T. Stafford Disaster Relief and Emergency Assistance 

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1 Act, as added by subsection (a). To the extent prac2 ticable, the Administrator shall consult with State 

3 and local emergency management agencies during the 

4 development of the interim final rule. 

5 (2) FINAL RULE.—Not later than 2 years after 

6 the date the interim final rule described in paragraph 

7 (1) takes effect, the President shall issue a final rule 

8 to establish special procedures under section 406(f) of 

9 such Act, as added by subsection (a). In issuing the 

10 final rule, the President shall consider public com11 ments, including the comments of State and local 

12 emergency management agencies, and the findings of 

13 the Inspector General under subsection (c). 

14 (3) SPECIAL PROCEDURES.—In developing the 

15 regulations under this subsection, the Administrator 

16 shall consider, at a minimum, the following: 

17 (A) The authority and procedures used by 

18 the Administrator to carry out sections 406(c), 

19 406(e)(1), and 422 of the Robert T. Stafford Dis20 aster Relief and Emergency Assistance Act (42 

21 U.S.C. 5172(c), 5172(e)(1), and 5189). 

22 (B) Whether modifications of or alternatives 

23 to procedures under section 406 of such Act are 

24 warranted in the event of widespread and exten25 sive damage and destruction to expedite the remstockstill on DSKH9S0YB1PROD with BILLS

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1 pair, restoration, reconstruction, or replacement 

2 of eligible facilities and to assist a State in im3 plementing a plan under subsection (f)(2)(B) of 

4 such section, as added by subsection (a). 

5 (c) INSPECTOR GENERAL REPORT.—Not later than 90 

6 days after the date the interim final rule issued under sub7 section (b)(1) takes effect, the Inspector General of the De8 partment of Homeland Security shall submit to the Admin9 istrator of the Federal Emergency Management Agency a 

10 report on the implementation of section 406(f) of the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance Act, 

12 as added by subsection (a). The Inspector General may sub13 mit additional reports, as appropriate, including reports 

14 after the President utilizes the authority under such section. 

15 The reports shall include, as appropriate, recommendations 

16 on improved implementation of such section and any rec17 ommendations for legislation. 

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Union Calendar No. 322 

111TH CONGRESS 

2D SESSION H. R. 3377 

[Report No. 111–562] 

A BILL 

To amend the Robert T. Stafford Disaster Relief 

purposes. ery, and mitigation capabilities, and for other Nation’s disaster preparedness, response, recovand Emergency Assistance Act to enhance the 

JULY 22, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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