I 113th CONGRESS 1st Session H. R. 3300 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Shuster (for himself, Mr. Rahall , Mr. Barletta , and Mr. Carson of Indiana ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To reauthorize the programs and activities of the Federal Emergency Management Agency.

1. Short title This Act may be cited as the FEMA Reauthorization Act of 2013 . I Reauthorization of FEMA and Modernization of Integrated Public Alert and Warning System 101. Reauthorization of Federal Emergency Management Agency Section 699 of Public Law 109–295 ( 6 U.S.C. 811 ) is amended— (1) by striking administration and operations each place it appears and inserting management and administration ; (2) in paragraph (2) by striking and ; (3) in paragraph (3) by striking the period and inserting ; and ; and (4) by adding at the end the following: (4) for fiscal year 2014, $972,145,000; (5) for fiscal year 2015, $972,145,000; and (6) for fiscal year 2016, $972,145,000. . 102. Integrated public alert and warning system modernization (a) Short title This section may be cited as the Integrated Public Alert and Warning System Modernization Act of 2013 . (b) Integrated public alert and warning system modernization (1) In general To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall— (A) modernize the integrated public alert and warning system of the United States (in this section referred to as the public alert and warning system ) to ensure that the President under all conditions is able to alert and warn governmental authorities and the civilian population in areas endangered by disasters; and (B) implement the public alert and warning system. (2) Implementation requirements In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee (established under subsection (c))— (A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (C) include in the public alert and warning system the capability to alert and warn, and provide the equivalent amount of information to individuals with disabilities and individuals with access and functional needs; (D) ensure that training, tests, and exercises are conducted for the public alert and warning system and that the system is incorporated into other training and exercise programs of the Department of Homeland Security, as appropriate; (E) establish and integrate into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; (F) conduct, at least once every 3 years, periodic nationwide tests of the public alert and warning system; and (G) ensure that the public alert and warning system is resilient, secure, and can withstand acts of terrorism and other external attacks. (3) System requirements The public alert and warning system shall— (A) incorporate multiple communications technologies; (B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (C) to the extent technically feasible, be designed to provide alerts to the largest portion of the affected population, including nonresident visitors and tourists and individuals with disabilities and access and functional needs, and improve the ability of remote areas to receive alerts; (D) promote local and regional public and private partnerships to enhance community preparedness and response; (E) provide redundant alert mechanisms if practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (F) include a mechanism to ensure the protection of individual privacy. (4) Implementation plan Not later than 180 days after the date of submission of the report of the Integrated Public Alert and Warning System Advisory Committee, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan to implement the public alert and warning system. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. (5) Maximum funds The Administrator may use not more than $12,733,000 of the amount made available pursuant to section 699 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 811 ) for each of fiscal years 2014, 2015, and 2016 to carry out the provisions of this section. (c) Integrated public alert and warning system advisory committee (1) Establishment Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the Advisory Committee ). (2) Membership The Advisory Committee shall be composed of the following members (or their designees) to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission. (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (C) The Assistant Secretary for Communications and Information of the Department of Commerce. (D) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (E) Representatives from federally recognized Indian tribes and national Indian organizations. (F) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of— (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry, including commercial and noncommercial radio and television stations; (v) the cellular industry; (vi) the cable industry; (vii) the satellite industry; and (viii) national organizations representing individuals with disabilities and access and functional needs and national organizations representing the elderly. (G) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson The Administrator shall serve as the Chairperson of the Advisory Committee. (4) Meetings (A) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings After the initial meeting, the Advisory Committee shall meet at the call of the Chairperson. (C) Notice; open meetings Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (D) Interested persons Interested persons shall be permitted to attend, appear before, or file statements with the Advisory Committee, in accordance with subsection (c) of section 552b of title 5, United States Code. (E) Meeting minutes The Advisory Committee shall keep detailed minutes of each meeting, which shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Advisory Committee. (F) Availability of information The records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Advisory Committee shall be available for public inspection and copying, subject to section 552 of title 5, United States Code, at a single location in the office of FEMA until the Advisory Committee ceases to exist. (5) Rules (A) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Consultation with nonmembers The Advisory Committee and the program offices for the integrated public alert and warning system for the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technologies that may be beneficial to the public alert and warning system. Such groups may include— (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (7) Recommendations The Advisory Committee shall develop recommendations for an integrated public alert and warning system, including— (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (B) recommendations to provide for a public alert and warning system that— (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; and (vii) provides redundant alert mechanisms if practicable in order to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. (8) Initial and annual report Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. (9) Federal advisory committee act Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. (10) Termination The Advisory Committee shall terminate not later than 3 years after the date of enactment of this Act. (d) Limitation on statutory construction Nothing in this section shall be construed to authorize or require FEMA or any other government entity to require any action on the part of the Federal Communications Commission, the Department of Commerce, the Office of Emergency Communications, or any other nongovernment entity nor impact any existing obligations of these entities. II Stafford Act and Other Programs 201. Reauthorization of 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 amended by adding at the end the following: 327. 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) Nonemployee system member The term nonemployee 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 and 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 with respect to the participation of each task force in the System. (3) Composition (A) Participating agencies A task force may include, at the discretion of the sponsoring agency, one or more participating agencies. The sponsoring agency shall enter into an agreement with each participating agency 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, other individuals not otherwise associated with the sponsoring agency or a participating agency. 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 considered 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 nonemployee 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 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 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 Federal 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 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 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 Preclusion of giving notice of service by necessity of appointment under this section is 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 is 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 three sponsoring agencies; (B) the senior emergency manager from at least two 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 the System and the provisions of this section $35,180,000 for each of fiscal years 2014, 2015, and 2016. (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)— (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 member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 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 327 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 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, . 202. Reauthorization of 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: 617. Emergency management assistance compact grants (a) In general The Administrator of the Federal Emergency Management Agency 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 Federal Emergency Management 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 of the Federal Emergency Management Agency 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 $2,000,000 for each of the fiscal years 2014, 2015, and 2016. 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.