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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3377 Reported in House (RH)]

                                                 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 Diaz-
Balart 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]

_______________________________________________________________________

                                 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.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2009''.

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 cost-effective 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.

    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

SEC. 101. PRE-DISASTER HAZARD MITIGATION.

    (a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is 
amended to read as follows:
    ``(f) Allocation of Funds.--
            ``(1) In general.--The President shall award financial 
        assistance under this section on a competitive basis and in 
        accordance with the criteria in subsection (g).
            ``(2) Minimum and maximum amounts.--In providing financial 
        assistance under this section, the President shall ensure that 
        the amount of financial assistance made available to a State 
        (including amounts made available to local governments of the 
        State) for a fiscal year--
                    ``(A) is not less than the lesser of--
                            ``(i) $575,000; or
                            ``(ii) the amount that is equal to one 
                        percent of the total funds appropriated to 
                        carry out this section for the fiscal year; and
                    ``(B) does not exceed the amount that is equal to 
                15 percent of the total funds appropriated to carry out 
                this section for the fiscal year.''.
    (b) Authorization of Appropriations.--Section 203(m) of such Act 
(42 U.S.C. 5133(m)) is amended to read as follows:
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2010, 2011, and 2012.''.
    (c) References.--Section 203 of such Act (42 U.S.C. 5133) is 
amended--
            (1) in the section heading by striking ``predisaster'' and 
        inserting ``pre-disaster'';
            (2) in the subsection heading for subsection (i) by 
        striking ``Predisaster'' and inserting ``Pre-Disaster'';
            (3) by striking ``Predisaster'' each place it appears and 
        inserting ``Pre-Disaster''; and
            (4) by striking ``predisaster'' each place it appears and 
        inserting ``pre-disaster''.

SEC. 102. HEALTH BENEFITS FOR TEMPORARY EMPLOYEES.

    Section 306 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the 
following:
    ``(c) Health Benefits.--
            ``(1) In general.--Notwithstanding any provision of title 
        5, United States Code, or related regulations limiting or 
        prohibiting the provision of health benefits for temporary or 
        intermittent employees, personnel appointed under subsection 
        (b)(1) shall be eligible to enroll in the Federal Employees 
        Health Benefits plan or any successor health benefits plan 
        approved and administered by the Office of Personnel Management 
        under terms and conditions set by the agency appointing the 
        temporary personnel.
            ``(2) Annual report.--Not later than one year after the 
        date of enactment of this subsection, and annually thereafter, 
        the President 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 implementation of this subsection.''.

SEC. 103. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER 
              SURVIVORS.

    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. 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 is in 
excess of the amount needed for those efforts, the President may 
transfer the excess materials, supplies, or equipment, by sale, at a 
price that is fair and equitable, 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--
                    ``(A) the Governor of the affected State certifies 
                that--
                            ``(i) there is an urgent need for the 
                        materials, supplies, or equipment; and
                            ``(ii) the State is unable to provide the 
                        materials, supplies, or equipment in a timely 
                        manner; and
                    ``(B) the President determines that the materials, 
                supplies, or equipment is not readily available from 
                commercial sources, except that this subparagraph shall 
                not apply in the case of a transfer of perishable 
                supplies.
    ``(b) Deposit of Proceeds.--Notwithstanding any other provision of 
law, any proceeds received under subsection (a) shall be deposited in 
the appropriate Disaster Relief Fund account.
    ``(c) Hazard Defined.--In this section, the term `hazard' has the 
meaning given that term by section 602.''.

SEC. 104. NATIONAL 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 further 
amended by adding at the end the following:

``SEC. 328. 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, 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 of each task force with 
        respect to the participation of the task force in the System.
            ``(3) Composition.--
                    ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency of 
                the task force, one or more participating agencies. The 
                sponsoring agency of a task force 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 of 
                the task force, 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 deemed 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 one 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 shall be 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 shall be 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 shall be 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 one 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 this section $52,000,000 for each of fiscal years 
        2010, 2011, and 2012. Such sums shall be in addition to amounts 
        made available from the Disaster Relief Fund for response 
        cooperative agreements entered into under subsection (n).
            ``(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) 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 328 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 328 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 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.

SEC. 105. DISASTER RELIEF FUND.

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

``SEC. 329. DISASTER RELIEF FUND.

    ``(a) In General.--There is in the Treasury a fund known as the 
Disaster Relief Fund.
    ``(b) Deposits and Credits.--The Fund shall consist of amounts 
appropriated and credited to the Fund pursuant to this Act.
    ``(c) Eligible Uses of Fund.--Amounts in the Fund shall be 
available to the President, as provided in advance in appropriations 
Acts--
            ``(1) to provide assistance in response to a major disaster 
        or emergency pursuant to titles IV and V; and
            ``(2) for programs and activities of the Federal Emergency 
        Management Agency that support the provision of such 
        assistance, including readiness and other programs and 
        activities that are not readily attributable to a single major 
        disaster or emergency.
    ``(d) Limitation.--Amounts made available from the Fund for 
programs and activities referred to in subsection (c)(2) may not exceed 
$350,000,000 in any fiscal year.
    ``(e) Annual Report.--On or before the date on which the President 
submits the budget of the United States to the Congress under section 
1105 of title 31, United States Code, the President shall submit each 
year 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 uses of the Fund in 
the previous fiscal year.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary.
    ``(g) Availability of Amounts.--Amounts in the Fund shall remain 
available until expended.''.

       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS

SEC. 201. ADDITIONAL MITIGATION ASSISTANCE.

    (a) In General.--Section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
adding at the end the following:
    ``(d) Additional Mitigation Assistance.--
            ``(1) In general.--If, as of the date of the declaration of 
        a major disaster, the Governor of the affected State has 
        submitted to the President a certification under paragraph (2), 
        and the State is in compliance with updating procedures 
        established under paragraph (3), the President may increase the 
        maximum total of contributions under this section for the major 
        disaster, as specified in subsection (a) and section 322(e), by 
        an amount equal to 4 percent of the estimated aggregate amount 
        of grants to be made (less any associated administrative costs) 
        under this Act with respect to the major disaster.
            ``(2) Submission of certification.--To be eligible for 
        increased contributions under paragraph (1), a State shall 
        submit to the President, subject to the approval of the 
        President, a certification that the State's building code--
                    ``(A) is consistent with the most recent version of 
                a nationally recognized model building code;
                    ``(B) has been adopted by the State within 6 years 
                of the most recent version of the nationally recognized 
                model building code;
                    ``(C) uses the nationally recognized model building 
                code as a minimum standard; and
                    ``(D) is being actively enforced by the State.
            ``(3) Periodic updates.--
                    ``(A) In general.--A Governor of a State that has 
                submitted a certification under paragraph (2) shall 
                update the State's building code and resubmit a 
                certification under paragraph (2) at least once every 6 
                years.
                    ``(B) Deadlines.--The President shall issue 
                regulations establishing procedures for State 
                compliance with the requirements of subparagraph (A). 
                The procedures shall be consistent with requirements 
                related to mitigation planning under section 322.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Actively enforce.--The term `actively 
                enforce' means jurisdictional execution of all phases 
                of a State building code in the process of examination 
                and approval of construction plans, specifications, and 
                technical data and the inspection of new construction 
                or renovation with respect to natural hazards.
                    ``(B) Nationally recognized model building code.--
                The term `nationally recognized model building code' 
                means a building code for residential and commercial 
                construction and construction materials that--
                            ``(i) has been developed and published by a 
                        code organization in an open consensus type 
                        forum with input from national experts; and
                            ``(ii) is based on national structural 
                        design standards that establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of residential 
                        and commercial buildings for the purpose of 
                        protecting the health, safety, and general 
                        welfare of the building's users against natural 
                        disasters.
                    ``(C) State building code.--The term `State 
                building code' means requirements and associated 
                standards for residential and commercial construction 
                and construction materials that are implemented on a 
                statewide basis by ordinance, resolution, law, housing 
                or building code, or zoning ordinance. At a minimum, 
                such requirements and associated standards shall 
                apply--
                            ``(i) to construction-related activities of 
                        residential building contractors applicable to 
                        single-family and 2-family residential 
                        structures; and
                            ``(ii) to construction-related activities 
                        of engineers, architects, designers, and 
                        commercial building contractors applicable to 
                        the structural safety, design, and construction 
                        of commercial, industrial, and multifamily 
                        structures.
            ``(5) Regulations.--The President, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        issue such regulations as may be necessary to carry out this 
        subsection.''.
    (b) Criteria for Assistance Awards.--Section 203(g) of such Act (42 
U.S.C. 5133(g)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following:
            ``(10) in the case of a State, whether the State has in 
        effect and is actively enforcing a State building code in a 
        manner consistent with section 404(d); and''.

SEC. 202. TEMPORARY MORTGAGE AND RENTAL PAYMENTS.

    Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at 
the end the following:
            ``(5) Temporary mortgage and rental payments.--The 
        President may provide assistance on a temporary basis in the 
        form of mortgage or rental payments to or on behalf of 
        individuals and families who, as a result of financial hardship 
        caused by a major disaster, are at imminent risk of 
        dispossession or eviction from a residence by reason of 
        foreclosure of any mortgage or lien, cancellation of any 
        contract for sale, or termination of any lease, entered into 
        prior to such disaster. Such assistance shall be provided for 
        the duration of the period of financial hardship, but not to 
        exceed 18 months of assistance or the maximum amount of 
        assistance that is authorized to be provided pursuant to 
        subsection (h).''.

SEC. 203. CLARIFICATION OF GRANT AUTHORITY.

    (a) Section 418.--Section 418 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5185) is amended--
            (1) by striking the section heading and all that follows 
        though ``The President'' and inserting the following:

``SEC. 418. EMERGENCY COMMUNICATIONS.

    ``(a) In General.--The President'';
            (2) by inserting ``to provide assistance, including 
        financial assistance, equipment, supplies, and personnel, in 
        order'' before ``to establish''; and
            (3) by adding at the end the following:
    ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
    (b) Section 419.--Section 419 of such Act (42 U.S.C. 5186) is 
amended--
            (1) by striking the section heading and all that follows 
        through ``The President'' inserting the following:

``SEC. 419. EMERGENCY PUBLIC TRANSPORTATION.

    ``(a) In General.--The President'';
            (2) by inserting ``to provide assistance to a State or 
        local government, including financial assistance, equipment, 
        supplies, and personnel, in order'' before ``to provide'' the 
        first place it appears;
            (3) by striking ``a major'' and inserting ``an emergency or 
        major''; and
            (4) by adding at the end the following:
    ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
    (c) Section 309.--Section 309(b) of such Act (42 U.S.C. 5152(b)) is 
amended by inserting ``, including grant agreements,'' after 
``agreements''.

SEC. 204. CASE MANAGEMENT SERVICES.

    (a) Case Management Services.--Section 426 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189d) 
is amended--
            (1) by striking ``qualified private organizations'' and 
        inserting ``qualified relief or disaster assistance 
        organizations''; and
            (2) by striking ``services, to victims'' and inserting 
        ``services to survivors''.
    (b) Case Management Plan.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall implement a plan to ensure 
        that the Federal Emergency Management Agency is the lead 
        Federal agency in coordinating and managing case management 
        services referred to in section 426 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189d) 
        for survivors of a major disaster. To assist in providing such 
        case management services, the Administrator may use State or 
        local government agencies or qualified relief or disaster 
        assistance organizations.
            (2) Report.--Not later than 30 days after the date of 
        enactment of this Act, 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 that reviews in 
        detail the actions the Administrator is taking--
                    (A) to ensure that the Federal Emergency Management 
                Agency is the lead agency in coordinating and managing 
                case management services for survivors of a major 
                disaster; and
                    (B) to involve qualified relief or disaster 
                assistance organizations referred to in section 426 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5189d) to assist in providing 
                case management services.

SEC. 205. HOUSEHOLD PETS AND SERVICE ANIMALS.

    (a) Emergency Assistance.--Section 502(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) provide assistance for rescue, care, shelter, and 
        essential needs--
                    ``(A) to individuals with household pets and 
                service animals; and
                    ``(B) to such pets and animals.''.
    (b) Technical Corrections.--Section 403(a)(3) of such Act (42 
U.S.C. 5170b(a)(3)) is amended--
            (1) in subparagraph (B) by striking ``medical equipment,,'' 
        and inserting ``medical equipment,''; and
            (2) by striking the second subparagraph (J), as added by 
        section 4 of Public Law 109-308 (120 Stat. 1726).

SEC. 206. 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) Suitable condition.--The term ``suitable condition'' 
        means, with respect to a temporary housing unit, a unit that 
        satisfies, as determined by the Administrator, the criteria of 
        disposal condition code 1, 4, or 7 under section 102-36.240 of 
        title 41, Code of Federal Regulations, as in effect on the date 
        of enactment of this Act.
            (6) 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 3 
months after the date of enactment of this Act, the Administrator 
shall--
            (1) 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; and
            (2) establish criteria for determining whether the 
        individual temporary housing units stored by FEMA are in 
        suitable condition.
    (c) Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        for--
                    (A) storing the number of temporary housing units 
                that FEMA needs to maintain in stock, as determined by 
                the Administrator under subsection (b)(1);
                    (B) selling, transferring, donating, or otherwise 
                disposing of the temporary housing units in the 
                inventory of FEMA, as of the date of enactment of this 
                Act, that--
                            (i) 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)(1); and
                            (ii) are in suitable condition, as 
                        determined by the Administrator based on the 
                        criteria established under subsection (b)(2); 
                        and
                    (C) disposing of temporary housing units in the 
                inventory of FEMA, as of the date of enactment of this 
                Act, that the Administrator determines are not in 
                suitable condition, as determined by the Administrator 
                based on the criteria established under subsection 
                (b)(2).
            (2) Method for disposal of temporary housing units that are 
        not in suitable condition.--Disposals of temporary housing 
        units pursuant to paragraph (1)(C) shall be made by the 
        Administrator of General Services in a manner that ensures that 
        the trailers are not able to be used for housing and are 
        salvaged or scraped.
            (3) Implementation.--
                    (A) In general.--Not later than 9 months after the 
                date of enactment of this Act, the Administrator shall 
                begin to implement the plan established under paragraph 
                (1).
                    (B) Completion of disposal of units.--Not later 
                than 2 years after the date of enactment of this Act, 
                the sale, transfer, donation, or other disposal of all 
                units under paragraphs (1)(B) and (1)(C) that the 
                Administrator has determined are not necessary to 
                maintain in stock shall be completed.
            (4) Report.--
                    (A) In general.--Not later than 6 months after the 
                date of enactment of this Act, and every 3 months 
                thereafter until the sale, transfer, donation, or other 
                disposal of all units under paragraphs (1)(B) and 
                (1)(C) is complete, 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 
                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.
            (5) 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--
                    (A) are needed to respond appropriately to 
                emergencies or major disasters; and
                    (B) are in suitable condition.
    (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 that are in suitable condition.
            (2) State requests.--
                    (A) In general.--Not later than 6 months 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 
                        in suitable condition;
                            (iii) to test the units for formaldehyde;
                            (iv) to ensure that the formaldehyde levels 
                        of the units do not exceed the threshold 
                        determined acceptable by the State before 
                        making the units available to house survivors 
                        of an incident;
                            (v) 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;
                            (vi) to comply with the nondiscrimination 
                        provisions of section 308 of the Stafford Act 
                        (42 U.S.C. 5151); and
                            (vii) 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 that 
                        are in suitable condition.
                    (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 the process 
        established 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. 207. 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 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, 
                        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 in the 
                                housing units.''.

SEC. 208. 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. 209. USE OF FINANCIAL ASSISTANCE TO DISSEMINATE INFORMATION 
              REGARDING COST-EFFECTIVE MITIGATION TECHNOLOGIES.

    Section 203(e)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133(e)(2)) is amended by inserting 
after ``10 percent'' the following: ``(or up to 15 percent if approved 
by the President)''.

                        TITLE III--OTHER MATTERS

SEC. 301. 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 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 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 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 $4,000,000 for each of fiscal 
years 2010, 2011, and 2012. 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. 302. AUTHORITY TO ACCEPT AND USE GIFTS.

    The first sentence of section 701(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201(b)) is 
amended by inserting ``, through any means including grants,'' before 
``bequests''.

SEC. 303. 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 one 
year after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency, in cooperation with 
representatives of State 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. 304. TECHNICAL CORRECTIONS TO REFERENCES.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended--
            (1) by redesignating the second section 425 (as added by 
        section 607 of the Security and Accountability for Every Port 
        Act of 2006 (120 Stat. 1941)) as section 427;
            (2) in section 602(a) by striking paragraph (7) and 
        inserting the following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
            (3) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                    (A) the second and fourth places it appears in 
                section 622(c); and
                    (B) in section 626(b).

SEC. 305. FUNCTIONS OF FEDERAL COORDINATING OFFICER.

    Section 302(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5143(b)) is amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (6); and
            (3) by inserting after paragraph (3) the following:
            ``(4) not later than one month after the date of the 
        declaration of a major disaster or emergency, make an initial 
        appraisal of the types of recovery assistance needed that 
        incorporates, as appropriate, recommendations of the Federal 
        interagency disaster recovery task force established under 
        section 330;
            ``(5) coordinate with State government officials the 
        establishment of detailed short-term and long-term recovery 
        plans and methods for implementation of such plans; and''.

SEC. 306. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.), as amended by this Act, is 
further amended by adding at the end the following:

``SEC. 330. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.

    ``(a) Establishment.--The President shall establish a Federal 
interagency disaster recovery task force (hereinafter referred to in 
this section as the `task force') to carry out the following:
            ``(1) Identify, maintain a catalogue of, and 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 at least annually a report 
        describing the Federal programs that may be used to assist in 
        recovery efforts after a major disaster or emergency and make 
        such report available to the public on the Internet.
            ``(2) Ensure ongoing communication between the Federal 
        departments and agencies determined by the President to 
        administer the Federal programs referred to in paragraph (1) to 
        enhance and expedite the recovery efforts of the Federal 
        Government with respect to a major disaster or emergency.
    ``(b) Chairperson.--The Administrator of the Federal Emergency 
Management Agency shall serve as the chairperson of the task force.
    ``(c) Membership.--The task force shall include a representative of 
each Federal department and agency determined by the President to 
administer a program that may be used to assist in recovery efforts 
after a major disaster or emergency.
    ``(d) Meeting Frequency.--The task force shall meet at least once 
each year.''.

SEC. 307. DEBRIS REMOVAL.

    Section 407(d) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5173(d)) is amended by adding at 
the end the following: ``The Federal share shall be increased by 5 
percent for States and local governments that (1) have a debris 
management plan approved by the Administrator of the Federal Emergency 
Management Agency; and (2) have prequalified 2 or more debris and 
wreckage removal contractors before the date of declaration of the 
major disaster. To qualify for the increased Federal share under the 
preceding sentence, a debris management plan shall be resubmitted to 
the Administrator for approval every 4 years.''.

SEC. 308. REVIEW OF REGULATIONS AND POLICIES.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the President 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 18 months 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.

SEC. 309. 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 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. 310. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

    (a) Amount Regarding Notification and Reports.--Section 406(a) of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172(a)) is amended--
            (1) in paragraph (4) by striking ``$20,000,000'' and 
        inserting ``$5,000,000''; and
            (2) by adding at the end the following:
            ``(5) Contribution status reports.--Not less frequently 
        than every 180 days, 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 on the status of 
        applications, obligations, and contributions under this section 
        with respect to each major disaster for which, on the date of 
        the transmission of such report, a contribution is eligible to 
        be requested or made under this section.''.
    (b) Issuance of Regulations Relating to Eligible Costs.--Not later 
than 180 days after the date of enactment of this Act, the President 
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. 311. SPECIAL PROCEDURES FOR WIDESPREAD DAMAGE.

    (a) In General.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is further amended 
by adding at the end the following:
    ``(f) Special Procedures for Widespread Damage.--
            ``(1) In general.--If, at the request of the Governor of a 
        State, the President makes a determination that a major 
        disaster has caused extensive and widespread damage and 
        destruction in the State and that utilizing special procedures 
        to expedite the repair, restoration, reconstruction, or 
        replacement of eligible facilities under this section is in the 
        public interest, the President may provide assistance under 
        this section in connection with the major disaster utilizing 
        the special procedures.
            ``(2) Conditions for assistance.--
                    ``(A) In general.--In providing assistance under 
                the special procedures authorized by this subsection, 
                the President may provide such assistance subject to 
                any limitations or other conditions the President 
                establishes by regulation.
                    ``(B) Facility recovery spending plan.--To be 
                eligible for assistance under the special procedures 
                authorized by this subsection, a State shall submit to 
                the President a facility recovery spending plan. 
                Receipt of assistance under the special procedures 
                shall be conditioned on a determination by the 
                President that the plan is consistent with the 
                requirements under this section.
            ``(3) Planning assistance.--
                    ``(A) In general.--Not later than 10 days after the 
                date the President makes an affirmative determination, 
                at the request of a State, under paragraph (1) (or at a 
                later date if requested by the Governor of the State), 
                the President shall provide the State with assistance 
                to develop a plan under paragraph (2)(B).
                    ``(B) Types of assistance.--
                            ``(i) Financial assistance.--The President 
                        may provide financial assistance to a State to 
                        assist the development of a plan under 
                        paragraph (2)(B).
                            ``(ii) Technical assistance.--The President 
                        may provide, as appropriate, technical 
                        assistance to a State to assist the development 
                        of a plan under paragraph (2)(B).
                            ``(iii) Emergency management assistance 
                        compact.--Assistance to develop a plan under 
                        paragraph (2)(B) may include assistance through 
                        the Emergency Management Assistance Compact 
                        described in section 617.
            ``(4) Large in-lieu contributions.--In providing assistance 
        under the special procedures authorized by this subsection, 
        notwithstanding the percentages specified in subsections 
        (c)(1)(A) and (c)(2)(A), the President may make a contribution 
        to a State or local government or person that owns or operates 
        a private nonprofit facility for the purposes described in such 
        subsections in an amount up to 100 percent of the Federal share 
        of the Federal estimate of the cost of repairing, restoring, 
        reconstructing, or replacing a facility if the President 
        determines a contribution in that amount is in the public 
        interest.''.
    (b) Regulations.--
            (1) Interim final rule.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall issue an interim final rule 
        to establish special procedures under section 406(f) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act, as added by subsection (a). To the extent practicable, the 
        Administrator shall consult with State and local emergency 
        management agencies during the development of the interim final 
        rule.
            (2) Final rule.--Not later than 2 years after the date the 
        interim final rule described in paragraph (1) takes effect, the 
        President shall issue a final rule to establish special 
        procedures under section 406(f) of such Act, as added by 
        subsection (a). In issuing the final rule, the President shall 
        consider public comments, including the comments of State and 
        local emergency management agencies, and the findings of the 
        Inspector General under subsection (c).
            (3) Special procedures.--In developing the regulations 
        under this subsection, the Administrator shall consider, at a 
        minimum, the following:
                    (A) The authority and procedures used by the 
                Administrator to carry out sections 406(c), 406(e)(1), 
                and 422 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5172(c), 
                5172(e)(1), and 5189).
                    (B) Whether modifications of or alternatives to 
                procedures under section 406 of such Act are warranted 
                in the event of widespread and extensive damage and 
                destruction to expedite the repair, restoration, 
                reconstruction, or replacement of eligible facilities 
                and to assist a State in implementing a plan under 
                subsection (f)(2)(B) of such section, as added by 
                subsection (a).
    (c) Inspector General Report.--Not later than 90 days after the 
date the interim final rule issued under subsection (b)(1) takes 
effect, the Inspector General of the Department of Homeland Security 
shall submit to the Administrator of the Federal Emergency Management 
Agency a report on the implementation of section 406(f) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, as added by 
subsection (a). The Inspector General may submit additional reports, as 
appropriate, including reports after the President utilizes the 
authority under such section. The reports shall include, as 
appropriate, recommendations on improved implementation of such section 
and any recommendations for legislation.
                                                 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 and Emergency 
Assistance Act to enhance the Nation's disaster preparedness, response, 
     recovery, and mitigation capabilities, and for other purposes.

_______________________________________________________________________

                             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
```