tem 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 ap-
pointed 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 perform-
ance of duty. 
‘‘(2) ELECTION OF BENEFITS.— 
‘‘(A) IN
GENERAL.—If a System member 
(or, in the case of the death of the System mem-
ber, the System member’s dependent) is enti-
tled— 
‘‘(i) under paragraph (1) to receive 
benefits under subchapter I of chapter 81 of 
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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 per-
sonal 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 de-
pendent shall make an election of benefits under 
subparagraph (A) not later than 1 year after the 
date of the personal injury, illness, disability, or 
death that is the reason for the benefits or until 
such later date as the Secretary of Labor may 
allow for reasonable cause shown. 
‘‘(C) EFFECT OF ELECTION.—An election of 
benefits made under this paragraph is irrev-
ocable 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 bene-
fits from a State or local government under para-
graph (2)(A), the Administrator shall reimburse the 
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State or local government for the value of those bene-
fits. 
‘‘(i) LIABILITY.—A System member appointed into 
Federal service under subsection (f)(1), while acting within 
the scope of the appointment, is deemed an employee of the 
Government under section 1346(b) of title 28, United States 
Code, and chapter 171 of that title, relating to tort claims 
procedure. 
‘‘(j) EMPLOYMENT AND REEMPLOYMENT RIGHTS.— 
With respect to a System member who is not a regular full- 
time employee of a sponsoring agency or participating 
agency, the following terms and conditions apply: 
‘‘(1) Service as a System member is deemed 
‘service in the uniformed services’ for purposes of 
chapter 43 of title 38, United States Code, relating to 
employment and reemployment rights of individuals 
who have performed service in the uniformed services 
(regardless of whether the individual receives com-
pensation for such participation). All rights and obli-
gations 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 ne-
cessity of appointment under this section is deemed 
preclusion by ‘military necessity’ for purposes of sec-
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tion 4312(b) of title 38, United States Code, per-
taining to giving notice of absence from a position of 
employment. A determination of such necessity shall 
be made by the Administrator and shall not be subject 
to judicial review. 
‘‘(k) LICENSES AND PERMITS.—If a System member 
holds a valid license, certificate, or other permit issued by 
any State or other governmental jurisdiction evidencing the 
member’s qualifications in any professional, mechanical, or 
other skill or type of assistance required by the System, the 
System member is deemed to be performing a Federal activ-
ity 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 es-
tablish and maintain an advisory committee to pro-
vide 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 di-
verse areas, and shall include— 
‘‘(A) the chief officer or senior executive 
from at least 3 sponsoring agencies; 
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‘‘(B) the senior emergency manager from at 
least 2 States that include sponsoring agencies; 
and 
‘‘(C) at least 1 representative recommended 
by the leaders of the task forces. 
‘‘(3) INAPPLICABILITY
OF
TERMINATION
RE-
QUIREMENT.—Section 14(a)(2) of the Federal Advi-
sory 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 equip-
ment, including interoperable communications 
and personal protective equipment. 
‘‘(C) Medical monitoring required for re-
sponder safety and health in anticipation of and 
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following a major disaster, emergency, or other 
hazard, as determined by the Administrator. 
‘‘(2) AVAILABILITY
OF
APPROPRIATIONS.—Not-
withstanding section 1552(b) of title 31, United 
States Code, amounts made available for cooperative 
agreements under this subsection that are not ex-
pended 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 agree-
ment with each sponsoring agency, as appropriate, under 
which the Administrator agrees to reimburse the sponsoring 
agency for costs incurred by the sponsoring agency in re-
sponding 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 ap-
propriated to carry out the System and the provisions 
of this section $35,250,000 for each of fiscal years 
2012, 2013, and 2014. 
‘‘(2) ADMINISTRATIVE EXPENSES.—The Admin-
istrator may use not to exceed 6 percent of the funds 
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appropriated for a fiscal year pursuant to paragraph 
(1) for salaries, expenses, and other administrative 
costs incurred by the Administrator in carrying out 
this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) APPLICABILITY OF TITLE 5, UNITED STATES 
CODE.—Section 8101(1) of title 5, United States 
Code, is amended— 
(A) in subparagraph (D) by striking ‘‘and’’ 
at the end; 
(B) by moving subparagraph (F) to appear 
after subparagraph (E); 
(C) in subparagraph (F)— 
(i) by striking ‘‘United States Code,’’; 
and 
(ii) by adding ‘‘and’’ at the end; and 
(D) by inserting after subparagraph (F) the 
following: 
‘‘(G) an individual who is a System mem-
ber of the National Urban Search and Rescue 
Response System during a period of appoint-
ment into Federal service pursuant to section 
327 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act;’’. 
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(2) INCLUSION AS PART OF UNIFORMED SERV-
ICES FOR PURPOSES OF USERRA.—Section 4303 of 
title 38, United States Code, is amended— 
(A) in paragraph (13) by inserting ‘‘, a pe-
riod for which a System member of the National 
Urban Search and Rescue Response System is 
absent from a position of employment due to an 
appointment into Federal service under section 
327 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act’’ before ‘‘, and a pe-
riod’’; and 
(B) in paragraph (16) by inserting after 
‘‘Public Health Service,’’ the following: ‘‘System 
members of the National Urban Search and Res-
cue Response System during a period of appoint-
ment into Federal service under section 327 of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act,’’. 
SEC. 202. REAUTHORIZATION OF EMERGENCY MANAGE-
MENT 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: 
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‘‘SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COM-
PACT GRANTS. 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Emergency Management Agency may make grants to pro-
vide for implementation of the Emergency Management As-
sistance Compact consented to by Congress in the joint reso-
lution entitled ‘Joint resolution granting the consent of 
Congress to the Emergency Management Assistance Com-
pact’ (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 sec-
tion shall be used— 
‘‘(1) to carry out recommendations identified in 
the Emergency Management Assistance Compact 
after-action reports for the 2004 and 2005 hurricane 
seasons; 
‘‘(2) to administer compact operations on behalf 
of States, as such term is defined in the compact, that 
have enacted the compact; 
‘‘(3) to continue coordination with the Federal 
Emergency Management Agency and appropriate 
Federal agencies; 
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‘‘(4) to continue coordination with States and 
local governments and their respective national orga-
nizations; and 
‘‘(5) to assist State and local governments, emer-
gency response providers, and organizations rep-
resenting such providers with credentialing the pro-
viders and the typing of emergency response resources. 
‘‘(d) COORDINATION.—The Administrator of the Fed-
eral Emergency Management Agency shall consult with the 
Administrator of the Emergency Management Assistance 
Compact to ensure effective coordination of efforts in re-
sponding to requests for assistance. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$2,000,000 for each of the fiscal years 2012, 2013, and 2014. 
Such sums shall remain available until expended.’’. 
(b) REPEAL.—Section 661 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 761) is 
repealed. 
SEC. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST 
OTHER DISASTER SURVIVORS. 
Title III of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act as amended by this Act is further 
amended by adding at the end the following: 
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‘‘SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, 
AND EQUIPMENT. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if the President determines that materials, sup-
plies, or equipment acquired by the President pursuant to 
title IV or V for response or recovery efforts in connection 
with a major disaster or emergency are in excess of the 
amount needed for those efforts, the President may transfer 
the excess materials, supplies, or equipment directly to a 
State, local government, or relief or disaster assistance orga-
nization for the purpose of— 
‘‘(1) assisting disaster survivors in other major 
disasters and emergencies; and 
‘‘(2) assisting survivors in incidents caused by a 
hazard that do not result in a declaration of a major 
disaster or emergency if the Governor of the affected 
State certifies that— 
‘‘(A) there is an urgent need for the mate-
rials, supplies, or equipment; and 
‘‘(B) the State is unable to provide the ma-
terials, supplies, or equipment in a timely man-
ner. 
‘‘(b) HAZARD DEFINED.—In this section, the term 
‘hazard’ has the meaning given that term by section 602.’’. 
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SEC. 204. STORAGE, SALE, TRANSFER, AND DISPOSAL OF 
HOUSING UNITS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ 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 Fed-
eral Emergency Management Agency. 
(4) HAZARD.—The term ‘‘hazard’’ has the mean-
ing given such term in section 602 of the Stafford Act 
(42 U.S.C. 5195a). 
(5) STAFFORD ACT.—The term ‘‘Stafford Act’’ 
means the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
(b) NEEDS ASSESSMENT; ESTABLISHMENT OF CRI-
TERIA.—Not later than 90 days after the date of enactment 
of this Act, the Administrator shall complete an assessment 
to determine the number of temporary housing units that 
FEMA needs to maintain in stock to respond appropriately 
to emergencies or major disasters occurring after the date 
of enactment of this Act. 
(c) PLAN.— 
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(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Administrator 
shall establish a plan and guidelines for— 
(A) storing the number of temporary hous-
ing units that FEMA needs to maintain in 
stock, as determined by the Administrator under 
subsection (b); and 
(B) selling, transferring, donating, or other-
wise disposing of the temporary housing units in 
the inventory of FEMA that are in excess of the 
number of temporary housing units that FEMA 
needs to maintain in stock, as determined by the 
Administrator under subsection (b). 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act and annu-
ally thereafter, the Administrator shall submit to 
the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on the ac-
tions that the Administrator has taken to estab-
lish and implement the plan and guidelines es-
tablished under paragraph (1). 
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(B) REQUIRED INFORMATION.—In each re-
port submitted under subparagraph (A), the Ad-
ministrator shall document the number of tem-
porary housing units remaining in the inventory 
of FEMA and the number of units sold, trans-
ferred, donated, and otherwise disposed of pursu-
ant to this section. 
(3) UPDATE.—The Administrator shall update 
the plan established under paragraph (1) as necessary 
to ensure that the Administrator maintains in the in-
ventory of FEMA only those temporary housing units 
that are needed to respond appropriately to emer-
gencies or major disasters. 
(d) TRANSFER OF TEMPORARY HOUSING UNITS TO 
STATES.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)), 
and subject to the requirements of paragraph (2), the 
Administrator may transfer or donate to States, on a 
priority basis, pursuant to subsection (c)(1)(B), excess 
temporary housing units in the inventory of FEMA. 
(2) STATE REQUESTS.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, a State 
may submit to the Administrator a request to re-
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ceive 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 tem-
porary housing to survivors of incidents 
that are caused by hazards and that the 
Governor of the State determines require 
State assistance; 
(ii) to pay to store and maintain the 
units; 
(iii) in the event of a major disaster or 
emergency declared for the State by the 
President under the Stafford Act, to make 
the units available to the President or to use 
the units to provide housing directly to sur-
vivors of the major disaster or emergency in 
the State; 
(iv) to comply with the nondiscrimina-
tion provisions of section 308 of the Stafford 
Act (42 U.S.C. 5151); and 
(v) to obtain and maintain hazard and 
flood insurance on the units. 
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(C) INCIDENTS.—The incidents referred to 
in subparagraph (B)(i) may include incidents 
that do not result in a declaration of a major 
disaster or emergency by the President under the 
Stafford Act. 
(3) DISTRIBUTION.— 
(A) ESTABLISHMENT
OF
PROCESS.—The 
Administrator shall establish a process— 
(i) to review requests submitted by 
States under paragraph (2); and 
(ii) to distribute excess temporary 
housing units that are in the inventory of 
FEMA. 
(B) ALLOCATION.—If the number of tem-
porary housing units requested by States under 
paragraph (2) exceeds the number of excess tem-
porary housing units available, the Adminis-
trator shall allocate the available units among 
the States that have submitted a request. 
(4) REMAINING TEMPORARY HOUSING UNITS.— 
Temporary housing units that are not transferred or 
donated under paragraph (1) shall be sold, trans-
ferred, donated, or otherwise disposed of subject to the 
requirements of section 408(d)(2) of the Stafford Act 
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(42 U.S.C. 5174(d)(2)) and other applicable provi-
sions of law. 
(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—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 para-
graph (1) shall be treated as a disposal to house indi-
viduals or households under section 408 of the Staf-
ford Act (42 U.S.C. 5174). 
SEC. 205. OTHER METHODS OF DISPOSAL. 
Section 408(d)(2)(B) of the Robert T. Stafford Disaster 
Relief 
and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5174(d)(2)(B)) is amended— 
(1) in clause (i) by striking ‘‘or’’; 
(2) in clause (ii) by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iii) may be sold, transferred, or do-
nated directly to a State or other govern-
mental entity or to a voluntary organiza-
tion for the sole purpose of providing tem-
porary housing to disaster victims in disas-
ters and incidents caused by a hazard (as 
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such term is defined in section 602) that do 
not result in a declaration of a major dis-
aster or emergency if, as a condition of the 
sale, transfer, or donation, the State, other 
governmental agency, or voluntary organi-
zation agrees— 
‘‘(I) to comply with the non-
discrimination provisions of section 
308; and 
‘‘(II) to obtain and maintain haz-
ard and flood insurance for the hous-
ing units.’’. 
SEC. 206. ESTABLISHMENT OF CRITERIA RELATING TO AD-
MINISTRATION OF HAZARD MITIGATION AS-
SISTANCE BY STATES. 
Not later than 180 days after the date of enactment 
of this Act, the President shall establish the criteria required 
under section 404(c)(2) of the Robert T. Stafford Disaster 
Relief 
and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5170c(c)(2)). 
SEC. 207. REVIEW OF REGULATIONS AND POLICIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the President, acting through 
the Administrator of the Federal Emergency Management 
Agency, shall review regulations and policies relating to 
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Federal disaster assistance to eliminate regulations the 
President determines are no longer relevant, to harmonize 
contradictory regulations, and to simplify and expedite dis-
aster recovery and assistance. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the President shall transmit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report 
describing changes made to regulations as a result of the 
review required under subsection (a), together with any leg-
islative recommendations relating thereto. 
(c) STATE HAZARD MITIGATION PLANS.—The Presi-
dent, acting through the Administrator, shall revise regula-
tions related to the submission of State Hazard Mitigation 
Plans to extend the hazard mitigation planning cycle to 
every 5 years, consistent with local planning cycles. 
SEC. 208. APPEALS PROCESS. 
Section 423(b) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5189a(b)) is 
amended to read as follows: 
‘‘(b) PERIOD FOR DECISION.— 
‘‘(1) IN GENERAL.—A decision regarding an ap-
peal under subsection (a) shall be rendered within 60 
days after the date on which the Federal official des-
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ignated to administer such appeal receives notice of 
such appeal. 
‘‘(2) FAILURE
TO
SATISFY
DEADLINE.—If the 
Federal official fails to satisfy the requirement under 
paragraph (1), the Federal official shall provide a 
written explanation of such failure to the applicant. 
The President, acting through the Administrator of 
the Federal Emergency Management Agency, shall 
transmit quarterly to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on such 
failures.’’. 
SEC. 209. IMPLEMENTATION OF COST ESTIMATING. 
Not later than 180 days after the date of enactment 
of this Act, the President, acting through the Administrator 
of the Federal Emergency Management Agency, shall issue 
and begin to implement the regulations required by section 
406(e)(3)(C) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to pro-
vide 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. 
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SEC. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR 
EMERGENCY 
DECLARATION 
UNDER 
THE 
STAFFORD ACT. 
(a) MAJOR DISASTER REQUESTS.—Section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 major 
disaster exists consistent with the requirements of sub-
section (a). 
‘‘(2) REFERENCES.—In implementing assistance 
authorized by the President under this Act in re-
sponse to a request of the Chief Executive of an af-
fected Indian tribal government for a major disaster 
declaration, any reference in this title or section 319 
to a State or the Governor of a State is deemed to 
refer to an affected Indian tribal government or the 
Chief Executive of an affected Indian tribal govern-
ment, as appropriate. 
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‘‘(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 TRIBAL 
GOVERNMENTS.— 
‘‘(1) IN GENERAL.—In providing assistance to 
an Indian tribal government under this title, the 
President may waive or adjust any payment of a 
non-Federal contribution with respect to the 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 DETERMINATIONS.— 
The President shall establish criteria for making de-
terminations under paragraph (1)(B).’’. 
(b) EMERGENCY REQUESTS.—Section 501 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
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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 emer-
gency exists consistent with the requirements of sub-
section (a). 
‘‘(2) REFERENCES.—In implementing assistance 
authorized by the President under this title in re-
sponse to a request of the Chief Executive of an af-
fected Indian tribal government for an emergency dec-
laration, any reference in this title or section 319 to 
a State or the Governor of a State shall be deemed to 
refer to an affected Indian tribal government or the 
Chief Executive of an affected Indian tribal govern-
ment, as appropriate. 
‘‘(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.’’. 
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(c) DEFINITIONS.—Section 102 of the Robert T. Staf-
ford 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 
of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community that the Secretary of 
the Interior acknowledges to exist as an Indian tribe 
under the Federally Recognized Indian Tribe List Act 
of 1994 (25 U.S.C. 479a et seq.).’’; and 
(4) by adding at the end the following: 
‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Exec-
utive’ means the person who is recognized by the Sec-
retary of the Interior as the chief elected administra-
tive officer of an Indian tribal government.’’. 
(d) REFERENCES.—Title I of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
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5121 et seq.) is amended by adding after section 102 the 
following: 
‘‘SEC. 103. REFERENCES. 
‘‘Except as otherwise specifically provided, any ref-
erence in this Act to ‘State and local’, ‘State or local’, or 
‘State, local’ with respect to governments or officials and 
any reference to a ‘local government’ in section 417 is 
deemed to refer also to Indian tribal governments and offi-
cials, as appropriate.’’. 
(e) REGULATIONS.— 
(1) ISSUANCE.—The President shall issue regula-
tions to carry out the amendments made by this sec-
tion. 
(2) FACTORS.—In issuing the regulations, the 
President shall consider the unique conditions that af-
fect the general welfare of Indian tribal governments. 
SEC. 211. INDIVIDUAL ASSISTANCE FACTORS. 
In order to provide more objective criteria for evalu-
ating 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 Assist-
ance Act (42 U.S.C. 5121 et seq.), not later than 1 year 
after the date of enactment of this Act, the Administrator 
of the Federal Emergency Management Agency, in coopera-
tion with representatives of State, tribal, and local emer-
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gency management agencies, shall review, update, and re-
vise through rulemaking the factors considered under sec-
tion 206.48 of title 44, Code of Federal Regulations, to 
measure the severity, magnitude, and impact of a disaster. 
SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The President, acting through 
the Administrator of the Federal Emergency Manage-
ment Agency, and in coordination with States, tribal 
and local governments, and owners or operators of 
private non-profit facilities, shall establish and con-
duct a pilot program to— 
(A) reduce the costs to the Government of 
providing assistance to States, tribal and local 
governments, and owners or operators of private 
non-profit facilities under section 406 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5172) (referred 
to in this section as the ‘‘Act’’); 
(B) increase flexibility in the administra-
tion of section 406 of such Act; and 
(C) expedite the provision of assistance to 
States, tribal, and local governments provided 
under section 406 of the Act. 
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(2) PARTICIPATION.—Only States, tribal and 
local governments, and owners or operators of private 
non-profit facilities that elect to participate in the 
pilot program may participate in the pilot program 
for their projects. 
(3) ADMINISTRATION.— 
(A) IN GENERAL.—For the purposes of the 
pilot program, the Administrator shall establish 
new procedures to administer assistance pro-
vided under section 406 of the Act. 
(B) NEW
PROCEDURES.—The new proce-
dures established under subparagraph (A) shall 
include— 
(i) making grants on the basis of esti-
mates agreed to by the State, tribal, or local 
government, or owner or operator of a pri-
vate non-profit facility and the Adminis-
trator to provide financial incentives and 
disincentives for the State, tribal, or local 
government, or owner or operator of a pri-
vate non-profit facility for the timely and 
cost-effective completion of projects under 
section 406 of the Act; 
(ii) 
notwithstanding 
sections 
406(c)(1)(A) and 406(c)(2)(A) of the Act, 
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providing an option for a State, tribal, or 
local government, or owner or operator of a 
private non-profit facility to elect to receive 
an in-lieu contribution, without reduction, 
on the basis of estimates of the cost of re-
pair, restoration, reconstruction, or replace-
ment of a public facility owned or con-
trolled by the State, tribal, or local govern-
ment and of management expenses; 
(iii) consolidating, to the extent deter-
mined appropriate by the Administrator, 
the facilities of a State, tribal, or local gov-
ernment, or owner or operator of a private 
nonprofit facility as a single project based 
upon the estimates established under the 
pilot procedures; and 
(iv) notwithstanding any other provi-
sion of law, if the actual costs of a project 
completed under the pilot procedures are 
less than the estimated costs thereof, the Ad-
ministrator may permit a grantee or sub 
grantee to use all or part of the excess funds 
for cost-effective activities that reduce the 
risk of future damage, hardship, or suf-
fering from a major disaster. 
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(4) WAIVER.—The Administrator may waive 
such regulations or rules applicable to the provisions 
of assistance in section 406 of the Act as the Adminis-
trator determines are necessary to carry out the pilot 
program under this section. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than October 31, 
2015, the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report regarding the effectiveness of the pilot 
program under this section. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include— 
(A) an assessment by the Administrator of 
any administrative or financial benefits of the 
pilot program; 
(B) an assessment by the Administrator of 
the effect, including any savings in time and 
cost, of the pilot program; 
(C) any other findings and conclusions of 
the Administrator with respect to the pilot pro-
gram; and 
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