HR 219 RDS
‘‘(ii) the type of work may otherwise 
be carried out by contract or agreement 
with private organizations, firms, or indi-
viduals.; or 
‘‘(B) overtime and hazardous duty com-
pensation for permanent employees of the 
State, tribal, or local government conducting 
emergency protective measures under this sec-
tion. 
‘‘(2) OVERTIME.—The guidelines for reimburse-
ment for costs under paragraph (1) shall ensure that 
no State, tribal, or local government is denied reim-
bursement for overtime payments that are required 
pursuant to the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.). 
‘‘(3) NO
EFFECT
ON
MUTUAL
AID
PACTS.— 
Nothing in this subsection shall affect the ability of 
the President to reimburse labor force expenses pro-
vided pursuant to an authorized mutual aid pact.’’. 
SEC. 9. INDIVIDUAL ASSISTANCE FACTORS. 
In order to provide more objective criteria for evalu-
ating the need for assistance to individuals, to clarify the 
threshold for eligibility 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. 
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5121 et seq.), not later than 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Emer-
gency Management Agency, in cooperation with represent-
atives of State, tribal, and local emergency management 
agencies, shall review, update, and revise through rule-
making the factors considered under section 206.48 of 
title 44, Code of Federal Regulations (including section 
206.48(b)(2) of such title relating to trauma and the spe-
cific conditions or losses that contribute to trauma), to 
measure the severity, magnitude, and impact of a disaster. 
SEC. 10. TRIBAL REQUESTS FOR A MAJOR DISASTER OR 
EMERGENCY 
DECLARATION 
UNDER 
THE 
STAFFORD ACT. 
(a) MAJOR DISASTER REQUESTS.—Section 401 of 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170) is amended— 
(1) by striking ‘‘All requests for a declaration’’ 
and inserting ‘‘(a) IN GENERAL.—All requests for a 
declaration’’; and 
(2) by adding at the end the following: 
‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 
‘‘(1) IN GENERAL.—The Chief Executive of an 
affected Indian tribal government may submit a re-
quest for a declaration by the President that a 
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major disaster exists consistent with the require-
ments of subsection (a). 
‘‘(2) REFERENCES.—In implementing assist-
ance authorized by the President under this Act in 
response to a request of the Chief Executive of an 
affected Indian tribal government for a major dis-
aster declaration, any reference in this title or title 
III (except sections 310 and 326) to a State or the 
Governor of a State is deemed to refer to an affected 
Indian tribal government or the Chief Executive of 
an affected Indian tribal government, as appro-
priate. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section shall prohibit an Indian tribal government 
from receiving assistance under this title through a 
declaration made by the President at the request of 
a State under subsection (a) if the President does 
not make a declaration under this subsection for the 
same incident. 
‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIB-
AL GOVERNMENTS.— 
‘‘(1) IN GENERAL.—In providing assistance to 
an Indian tribal government under this title, the 
President may waive or adjust any payment of a 
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non-Federal contribution with respect to the assist-
ance if— 
‘‘(A) the President has the authority to 
waive or adjust the payment under another pro-
vision of this title; and 
‘‘(B) the President determines that the 
waiver or adjustment is necessary and appro-
priate. 
‘‘(2) CRITERIA
FOR
MAKING
DETERMINA-
TIONS.—The President shall establish criteria for 
making determinations under paragraph (1)(B).’’. 
(b) EMERGENCY REQUESTS.—Section 501 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5191) is amended by adding at the 
end the following: 
‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 
‘‘(1) IN GENERAL.—The Chief Executive of an 
affected Indian tribal government may submit a re-
quest for a declaration by the President that an 
emergency exists consistent with the requirements of 
subsection (a). 
‘‘(2) REFERENCES.—In implementing assist-
ance authorized by the President under this title in 
response to a request of the Chief Executive of an 
affected Indian tribal government for an emergency 
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declaration, any reference in this title or title III 
(except sections 310 and 326) to a State or the Gov-
ernor of a State is deemed to refer to an affected 
Indian tribal government or the Chief Executive of 
an affected Indian tribal government, as appro-
priate. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section shall prohibit an Indian tribal government 
from receiving assistance under this title through a 
declaration made by the President at the request of 
a State under subsection (a) if the President does 
not make a declaration under this subsection for the 
same incident.’’. 
(c) DEFINITIONS.—Section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122) is amended— 
(1) in paragraph (7)(B) by striking ‘‘; and’’ and 
inserting ‘‘, that is not an Indian tribal government 
as defined in paragraph (6); and’’; 
(2) by redesignating paragraphs (6) through 
(10) as paragraphs (7) through (11), respectively; 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 
‘Indian tribal government’ means the governing body 
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