‘‘(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 communica-
tions and personal protective equipment. 
‘‘(C) Medical monitoring required for re-
sponder safety and health in anticipation of and 
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 
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. 
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‘‘(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 coopera-
tive agreements entered into under subsection (n). 
‘‘(2) ADMINISTRATIVE
EXPENSES.—The Ad-
ministrator may use not to exceed 6 percent of the 
funds appropriated for a fiscal year pursuant to 
paragraph (1) for salaries, expenses, and other ad-
ministrative 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); 
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(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 mem-
ber of the National Urban Search and Rescue 
Response System during a period of appoint-
ment into Federal service pursuant to section 
328 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act;’’. 
(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 Na-
tional Urban Search and Rescue Response Sys-
tem 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 ap-
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pointment into Federal service under section 
328 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act,’’. 
SEC. 106. 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 con-
sist 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 programs and 
activities that are not readily attributable to a single 
major disaster or emergency. 
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‘‘(d) SUPPORT PROGRAMS.—The programs and ac-
tivities referred to in subsection (c)(2) include the pro-
grams and activities authorized by sections 302, 303, and 
306(b). 
‘‘(e) LIMITATION.—Amounts made available from the 
Fund for programs and activities referred to in subsection 
(c)(2) may not exceed $300,000,000 in any fiscal year. 
‘‘(f) 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 Sen-
ate a report on the uses of the Fund in the previous fiscal 
year. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Fund such sums 
as may be necessary. 
‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts in the 
Fund shall remain available until expended.’’. 
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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, at the time of a declara-
tion of a major disaster, the affected State has in 
effect and is actively enforcing throughout the State 
an approved State building code, 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.—To be eligible for an in-
creased Federal share under paragraph (1), a State 
shall submit its State building code to the President 
for approval. 
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‘‘(3) APPROVAL.—The President shall approve 
a State building code submitted under paragraph (2) 
if the President determines that the building code— 
‘‘(A) is consistent with the most recent 
version of a nationally recognized model build-
ing code; 
‘‘(B) has been adopted by the State within 
6 years of the most recent version of the na-
tionally recognized model building code; and 
‘‘(C) uses the nationally recognized model 
building code as a minimum standard. 
‘‘(4) PERIODIC UPDATES.—The President shall 
set appropriate standards, by regulation, for the 
periodic update, resubmission, and reapproval of a 
State building code approved by the President in ac-
cordance with paragraph (3) that are consistent with 
similar requirements related to mitigation planning 
under section 322. 
‘‘(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) ACTIVELY
ENFORCING.—The term 
‘actively enforcing’ means effective jurisdic-
tional execution of all phases of a State building 
code in the process of examination and approval 
of construction plans, specifications, and tech-
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nical data and the inspection of new construc-
tion or renovation. 
‘‘(B) NATIONALLY
RECOGNIZED
MODEL 
BUILDING CODE.—The term ‘nationally recog-
nized model building code’ means a building 
code for residential and commercial construc-
tion and construction materials that— 
‘‘(i) has been developed and published 
by a code organization in an open con-
sensus type forum with input from na-
tional experts; and 
‘‘(ii) is based on national structural 
design standards that establish minimum 
acceptable criteria for the design, construc-
tion, and maintenance of residential and 
commercial buildings for the purpose of 
protecting the health, safety, and general 
welfare of the building’s users against nat-
ural disasters. 
‘‘(C) STATE BUILDING CODE.—The term 
‘State building code’ means requirements and 
associated standards for residential and com-
mercial construction and construction materials 
that are implemented on a statewide basis by 
ordinance, resolution, law, housing or building 
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code, or zoning ordinance. At a minimum, such 
requirements and associated standards shall 
apply— 
‘‘(i) to construction-related activities 
of residential building contractors applica-
ble 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 con-
struction of commercial, industrial, and 
multifamily structures. 
‘‘(6) REGULATIONS.—Not later than 180 days 
after the date of enactment of this subsection, 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 para-
graph (11); and 
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(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) the extent to which the State or local 
government is carrying out activities to implement a 
State building code approved under section 404(d); 
and’’. 
SEC. 202. TEMPORARY MORTGAGE AND RENTAL PAY-
MENTS. 
Section 408(c) of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5174(c)) 
is amended by adding at the end the following: 
‘‘(5) TEMPORARY MORTGAGE AND RENTAL PAY-
MENTS.—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 pro-
vided 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 au-
thorized to be provided pursuant to subsection (h).’’. 
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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 inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The President’’; 
(2) by inserting ‘‘to provide assistance, includ-
ing grants, 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 assist-
ance under this section shall be not less than 75 percent 
of the eligible cost of such assistance.’’. 
(b) SECTION 419.—Section 419 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5186) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The President’’; 
(2) by inserting ‘‘to provide assistance, includ-
ing grants, equipment, supplies, and personnel, in 
order’’ before ‘‘to provide’’ the first place it appears; 
and 
(3) by adding at the end the following: 
‘‘(b) FEDERAL SHARE.—The Federal share of assist-
ance under this section shall be not less than 75 percent 
of the eligible cost of such assistance.’’. 
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(c) SECTION 309.—Section 309(b) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act is 
amended by adding ‘‘, including grant agreements,’’ after 
‘‘agreements’’. 
SEC. 204. HOUSEHOLD PETS AND SERVICE ANIMALS. 
(a) EMERGENCY ASSISTANCE.—Section 502(a) of 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 para-
graph (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. 
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SEC. 205. 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 mean-
ings 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 Staf-
ford Act (42 U.S.C. 5195a). 
(5) SUITABLE CONDITION.—The term ‘‘suitable 
condition’’ means, with respect to a temporary hous-
ing 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.). 
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(b) NEEDS ASSESSMENT; ESTABLISHMENT OF CRI-
TERIA.—Not later than 3 months after the date of enact-
ment 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 Adminis-
trator shall establish a plan for— 
(A) storing the number of temporary hous-
ing units that the Administrator has deter-
mined under subsection (b)(1) that FEMA 
needs to maintain in stock; 
(B) selling, transferring, donating, or oth-
erwise disposing of the temporary housing units 
in the inventory of FEMA, as of the date of en-
actment of this Act, that— 
(i) are in excess of the number of 
temporary housing units that the Adminis-
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trator has determined under subsection 
(b)(1) that FEMA needs to maintain in 
stock; and 
(ii) are in suitable condition, based on 
the criteria established under subsection 
(b)(2); and 
(C) disposing of the temporary housing 
units in the inventory of FEMA that the Ad-
ministrator determines are not in suitable con-
dition, based on the criteria established under 
subsection (b)(2). 
(2) IMPLEMENTATION.—Not later than 9 
months after the date of enactment of this Act, the 
Administrator shall implement the plan established 
under paragraph (1). 
(d) APPLICABILITY OF DISPOSAL REQUIREMENTS.— 
(1) IN GENERAL.—Any sale, transfer, donation, 
or disposal of a temporary housing unit under the 
plan established under subsection (c)(1) shall be 
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. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Administrator may sell, transfer, donate, or 
otherwise make available temporary housing units in 
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suitable condition in the inventory of FEMA, as of 
the date of enactment of this Act, to States, other 
governmental entities, and voluntary organizations 
for the purpose of providing temporary housing to 
victims of incidents caused by hazards that do not 
result in a declaration of a major disaster or emer-
gency by the President, if— 
(A) the Governor of the affected State cer-
tifies that— 
(i) there is an urgent need for the 
temporary housing units; and 
(ii) the State is unable to provide the 
temporary housing units in a timely man-
ner; and 
(B) the State, other governmental entity, 
or voluntary organization agrees— 
(i) to comply with the nondiscrimina-
tion provisions of section 308 of the Staf-
ford Act (42 U.S.C. 5151); and 
(ii) to obtain and maintain hazard 
and flood insurance on the housing units. 
(3) 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). 
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For purposes of that section, a disposal of a tem-
porary housing unit under subsection (d)(2) shall be 
treated as a disposal to house individuals or house-
holds under section 408 of the Stafford Act (42 
U.S.C. 5174). 
(e) REPORT.—Not later than one year 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 Sen-
ate a report on the status of the distribution, sale, trans-
fer, donation, or other disposal of the unused temporary 
housing units purchased by FEMA. 
TITLE III—OTHER MATTERS 
SEC. 301. COMMUNITY PREPAREDNESS. 
Subtitle A of title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5196 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 617. COMMUNITY PREPAREDNESS. 
‘‘(a) CITIZEN CORPS.—The Administrator shall con-
tinue to administer the citizen preparedness program 
known as the ‘Citizen Corps’. 
‘‘(b) ACTIVITIES.—In carrying out the program, the 
Administrator may— 
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‘‘(1) collaborate with community leaders to co-
ordinate and leverage efforts to strengthen commu-
nity involvement in preparedness, planning, mitiga-
tion, response, and recovery for hazards; 
‘‘(2) educate and train citizens in emergency 
preparedness and mitigation; and 
‘‘(3) train citizens in basic response skills, in-
cluding fire safety, light search and rescue, and 
medical operations in preparation for hazards. 
‘‘(c) COMMUNITY
EMERGENCY
RESPONSE
TEAM 
PROGRAM.—In carrying out the program, the Adminis-
trator shall continue to administer the Community Emer-
gency Response Team Program. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section— 
‘‘(1) $30,000,000 for fiscal year 2010; 
‘‘(2) $35,000,000 for fiscal year 2011; and 
‘‘(3) $40,000,000 for fiscal year 2012. 
‘‘(e) ALLOCATION OF FUNDS.—Of the amounts ap-
propriated to carry out this section for a fiscal year, not 
to exceed $2,000,000 may be used to carry out the Com-
munity Emergency Response Team Program.’’. 
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SEC. 302. EMERGENCY MANAGEMENT ASSISTANCE COM-
PACT GRANTS. 
(a) IN GENERAL.—Subtitle A of title VI of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 618. EMERGENCY MANAGEMENT ASSISTANCE COM-
PACT GRANTS. 
‘‘(a) IN GENERAL.—The Administrator may make 
grants to provide for implementation of the Emergency 
Management Assistance Compact consented to by Con-
gress in the joint resolution entitled ‘Joint resolution 
granting the consent of Congress to the Emergency Man-
agement 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 sub-
section (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; 
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‘‘(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 orga-
nizations; 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 re-
sources. 
‘‘(d) COORDINATION.—The Administrator shall con-
sult with the Administrator of the Emergency Manage-
ment 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. 
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SEC. 303. 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. 304. 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 one year 
after the date of enactment of this Act, the Administrator 
of the Federal Emergency Management Agency, in co-
operation with representatives of State and local emer-
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. 305. TECHNICAL CORRECTIONS TO REFERENCES. 
The Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) is amend-
ed— 
(1) in section 602(a) by striking paragraph (7) 
and inserting the following: 
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‘‘(7) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal 
Emergency Management Agency.’’; and 
(2) 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). 
Æ 
VerDate Nov 24 2008 
06:19 Jul 30, 2009
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H3377
jbell on DSKDVH8Z91PROD with BILLS