[House Report 111-562]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-562
======================================================================
DISASTER RESPONSE, RECOVERY, AND MITIGATION ENHANCEMENT ACT OF 2009
_______
July 22, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3377]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3377) 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose of the Legislation
H.R. 3377, the ``Disaster Response, Recovery, and
Mitigation Enhancement Act of 2009'', as amended, amends the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act) to improve the assistance that the Federal
Government provides to States, local governments, and
communities before, during, and after major disasters and
emergencies.
Background and Need for Legislation
The Stafford Act (42 U.S.C. 5121 et seq.) is administered
by the Federal Emergency Management Agency (FEMA) and provides
the statutory authority for most Federal activities in the wake
of a natural disaster or other emergency. While FEMA and the
Stafford Act are best known for the response and recovery
activities undertaken by FEMA after the President declares a
major disaster, the Stafford Act also authorizes the Federal
Government's all-hazard preparedness and mitigation programs.
Together, these programs help communities and citizens prepare
for, respond to, recover from, and mitigate the broad range of
hazards facing our nation.
In the wake of Hurricanes Katrina and Rita, Congress
enacted significant changes affecting FEMA and the Stafford Act
in the Post-Katrina Emergency Management Reform Act of 2006
(Title VI of P.L. 109-295). The Committee believes that
systemic challenges remain at FEMA. On November 5, 2009, the
Committee approved H.R. 1174, the ``FEMA Independence Act of
2009'', to address these challenges and to reinstate FEMA as an
independent, cabinet-level agency. The changes made by H.R.
3377, as amended, make improvements to FEMA's programs that are
needed regardless of whether FEMA is an independent agency or
is a component within the Department of Homeland Security.
H.R. 3377, the ``Disaster Response, Recovery, and
Mitigation Enhancement Act of 2009'', as amended, enhances
FEMA's ability to administer emergency management at the
Federal level. Specifically, the bill reauthorizes certain FEMA
programs and activities, codifies programs that FEMA is
currently administering under the authority of the Stafford Act
but which are not expressly authorized in statute, amends
eligibility under some FEMA programs, and makes technical
corrections to the Stafford Act.
Summary of the Legislation
Section 1. Short title
Section 1 designates the short title of the bill as the
``Disaster Response, Recovery, and Mitigation Enhancement Act
of 2009''.
Sec. 2. Table of contents
Section 2 sets out the table of contents for the bill.
TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
Sec. 101. Pre-Disaster Hazard mitigation
Section 101 amends section 203 of the Stafford Act and
makes changes to FEMA's Pre-Disaster Mitigation (PDM) program.
Subsection (a) amends Section 203(f) by increasing the
minimum allocation that each State receives under PDM from
$500,000 under current law to $575,000, but maintains that each
State shall receive the lesser of this amount or one percent of
the total funds appropriated for the program in a given fiscal
year. This section codifies the competitive aspects of the
program as currently administered by FEMA, and retains a
provision that any State may not receive more than 15 percent
of the total funds appropriated for the fiscal year.
Subsection (b) authorizes appropriations for the PDM
program of $250 million for each of fiscal years 2010, 2011,
and 2012. This subsection also eliminates the provision in
Section 203(m) of the Stafford Act which sunsets the PDM
program on September 30, 2010. Under current law, the PDM
program terminates on September 30, 2010, unless Congress
reauthorizes the program.
Subsection (c) changes references in Section 203 of the
Stafford Act from ``Predisaster'' to ``Pre-Disaster'',
consistent with how FEMA refers to the program.
On April 30, 2008, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on the PDM program. At this hearing, there was a
discussion of the important role of building codes in reducing
damage to buildings from natural hazards. The Committee
instructs FEMA to consider adoption and enforcement of
appropriate building codes in its grant criteria under the PDM
program pursuant to section 203(g)(2) of the Stafford Act.
At the hearing, emergency management representatives also
suggested that private non-profits (PNPs) be allowed to be sub-
applicants and sub-grantees for the Pre-Disaster Mitigation
program when local governments do not have the resources to
perform this function on behalf of the PNPs. The Committee is
not aware of any specific cases of this problem, and believes
that if a local government is unable to serve as the sub-
applicant and sub-grantee on behalf of a PNP, an appropriate
State agency may do so on its behalf.
One of the few criticisms of the Pre-Disaster Mitigation
program has been the length of time that it takes for FEMA to
obligate PDM funds.\1\ The Committee notes that FEMA is taking
steps to streamline grant processes and encourages FEMA to use
all appropriate flexibility to expedite the disbursement of
grant funds. The Committee notes that Congress specifically
exempted the Pre-Disaster Mitigation program from grant
administration and other requirements imposed in P.L. 110-53,
the Implementing Recommendations of the 9/11 Commission Act of
2007, to avoid additional administrative requirements that
would slow down the disbursement of funds.
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\1\Francis X. McCarthy and Natalie Keegan, ``FEMA's Pre-Disaster
Mitigation Program: Overview and Issues'' (February 18, 2010), at 10.
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The Committee is aware of the difficulties that several
small localities in Minnesota faced when attempting to apply
for PDM grants, due in part to the limited application
timeframes. In addition, the Committee is aware of the
challenges that communities in Minnesota and other small
communities around the country have faced in completing well-
developed applications due to the time-consuming requirement of
using FEMA's eGrants application system. The Committee urges
FEMA to develop a streamlined application process and continue
to seek ways by which small communities can make the most
efficient use of their limited resources during the application
process.
Sec. 102. Health benefits for temporary employees
Section 102 amends section 306 of the Stafford Act by
inserting a new subsection 306(c) to make temporary or
intermittent employees hired by FEMA under the Stafford Act in
response to a disaster eligible to enroll in the Federal Health
Benefits Program. Currently, intermittent employees deployed in
a disaster, known as Disaster Assistance Employees (DAEs),
generally do not have access to employer-provided health
insurance and must carry their own private insurance. According
to FEMA, as of January 2010, only 770 out of 9,106 DAEs had
health benefits through FEMA. These 770 employees were eligible
for benefits through a narrow provision outside the Stafford
Act because they were previously full-time Federal employees.
Although FEMA has authority under section 306 to provide health
insurance, it does not currently make available health
insurance to more than 8,000 DAEs.\2\ The Committee expects
FEMA to use the discretion granted by this provision to apply
appropriate limits on this authority, such as waiting periods
for new employees and minimum annual service requirements.
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\2\Pursuant to section 306, FEMA provides health insurance through
the Federal Health Benefits Program (FEHB) to 2,574 other full-time
employees, known as ``CORE employees''. According to FEMA, 2,574 out of
3,222 eligible CORE employees elected FEHB coverage.
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Sec. 103. Disposal of excess property to assist other disaster victims
Section 103 adds a new section 327 to the Stafford Act to
allow the President to sell excess materials, supplies, or
equipment at a fair and equitable price to States, local
governments, and relief or disaster assistance organizations
(as those terms are described in section 309 of the Stafford
Act) to assist victims of disasters and emergencies or other
incidents that do not result in the declaration of a major
disaster or emergency under the Stafford Act. The President may
provide these materials, supplies, or equipment if the Governor
of an affected State certifies an urgent need, and such State
is unable to provide the materials, supplies, or equipment. The
President must determine that the materials, supplies, or
equipment are not available from commercial sources. However,
in the case of perishable supplies, the President need not make
this determination.
Sec. 104. National Urban Search and Rescue Response System
Section 104 of the bill adds a new section 328 to the
Stafford Act to clarify the authority of the National Urban
Search and Rescue System (US&R). The activities of the US&R
system are currently authorized in various sections of the
Stafford Act.\3\
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\3\Specifically, 44 CFR 208.3(a) provides: ``The Federal Emergency
Management Agency established and operated the System under the
authority of Sec. Sec. 303, 306(a), 306(b), 403(a)(3)(B) and 621(c) of
the Stafford Act.''
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US&R is a classic all-hazards disaster program. The program
grew from the need to rescue victims from structural collapses
during natural hazards such as earthquakes and hurricanes, and
developed after the devastating results of the Mexico City
Earthquake of 1985 and the Loma Prieta Earthquake that struck
California in 1989. The National Urban Search and Rescue System
has grown into a robust system of 28 teams comprised of State
and local responders who work together to respond to major
disasters and emergencies under the Stafford Act. The teams are
also available to State and local governments to respond to
incidents under their own authorities. US&R teams provide a
very specialized and critical capability that our nation has
called upon numerous times since the inception of the US&R
system nearly two decades ago. For example, in 2008, 17 US&R
teams were activated and deployed for potential rescue
operations for Hurricane Gustav and 15 teams were activated and
deployed for Hurricane Ike. In 2005, all 28 teams were deployed
for Hurricane Katrina. In addition, six US&R task forces were
deployed by the United States Agency for International
Development for rescue operations in Haiti in response to the
devastating earthquake that occurred in January 2010.
This section codifies existing workers' compensation and
tort liability protections for US&R System members that are
currently provided administratively by FEMA. It also provides
new protections under the Uniformed Services Employment and
Reemployment Rights Act (USERRA), and establishes licensing and
professional liability protection. The Committee expects that
FEMA will update its existing US&R program regulations,
codified at 44 CFR Part 208, to incorporate the changes
required by the enactment of this section.
Sec. 105. Disaster Relief Fund
Section 105 of the bill adds a new section 329 to the
Stafford Act to authorize the existing Disaster Relief Fund and
Disaster Readiness and Support Account. Funded by Congressional
appropriations, the Disaster Relief Fund provides funding for
FEMA's Federal disaster programs authorized by titles IV and V
of the Stafford Act. These programs consist of Individual
Assistance, which includes funds available for housing,
transportation, medical care, and replacement of personal
property; and Public Assistance, which includes aid to State or
local governments to pay part of the costs of rebuilding a
community's damaged infrastructure. This section authorizes the
Disaster Relief Fund, which was created in appropriations law
and is not currently codified in the Stafford Act. This bill
also authorizes the Disaster Readiness and Support Account,
which was created in the late 1990s, and provides for ongoing
capabilities that are not readily attributable to one specific
disaster, including certain activities authorized by sections
302, 303 and 306(b) of the Stafford Act. Examples of such
capabilities include processing and call centers for disaster
assistance applications and the maintenance of emergency teams.
TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS
Sec. 201. Additional mitigation assistance
Section 201 makes amendments to the Hazard Mitigation Grant
Program (HMGP) and the Pre-Disaster Mitigation program in
support of States that actively enforce approved building
codes.
Subsection (a) amends section 404 of the Stafford Act by
adding a new subsection (d) which provides for additional
assistance under HMGP for States that actively enforce an
approved building code throughout the State. Under current law,
a State is eligible to receive up to 15 percent (subject to a
sliding scale) of the estimated aggregate amounts of grants
that the State is expected to receive under the Public
Assistance and Individual Assistance programs, or in the case
of a State with an enhanced mitigation plan under section
322(e) of the Stafford Act, 20 percent. Subsection (a) provides
for an additional four percent; therefore, the total percentage
that a State is eligible to receive under HMGP is increased to
up to 19 percent, or 24 percent for a State with an enhanced
mitigation plan under section 322(e) of the Stafford Act.
To receive the additional mitigation assistance under this
provision, the State must certify that its building code is
consistent with the most recent version of a nationally
recognized model building code, that it has been adopted by the
State within six years of the most recent version of that code,
that the State uses that code as a minimum standard, and that
it is being actively enforced within the State. This
certification is subject to the approval of the President. This
section requires that the State's building code be updated, and
that the State resubmit its certification every six years.
However, FEMA, in establishing requirements for certification,
shall coordinate these requirements with the approval of State
mitigation plans under section 322 of the Stafford Act.
Subsection (b) amends section 203 of the Stafford Act which
authorizes the Pre-Disaster Mitigation program. Section 203(g)
of the Stafford Act is amended to add to the criteria the
President uses to determine when to provide technical or
financial assistance whether the State has in effect and is
actively enforcing a State building code, consistent with the
new subsection 404(d) of the Stafford Act as added by
subsection (a).
Sec. 202. Temporary mortgage and rental payments
Section 202 amends section 408 of the Stafford Act by
restoring the Mortgage and Rental Assistance (MRA) program.
Congress eliminated this program in the Disaster Mitigation Act
of 2000 (P.L. 106-390). It is important to note that FEMA used
this program extensively in New York after the attacks of
September 11, 2001, after Congress repealed the program, but
before the repeal took effect. Section 202 restores the former
Stafford Act provision on MRA, with a few modifications. FEMA
is authorized to provide financial assistance, not to exceed 18
months or the limitation in subsection 408(h) of the Stafford
Act,\4\ 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. This provision
corrects one of the major weaknesses of the prior provision,
which required a written notice of dispossession or eviction.
Consistent with all housing assistance under section 408 of the
Stafford Act, this assistance is limited to primary residences.
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\4\Under Section 408(h), no individual or household may receive
assistance above a maximum limit which is adjusted each year. For
disasters in fiscal year 2010 that limit is $29,900. See 74 FR 51303,
October 6, 2009.
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The Committee expects that FEMA will define imminent risk
through rulemaking and recommends that FEMA define this term as
a certain number of days before the statutory period for
eviction or foreclosure, which is determined under State law
and varies from State to State. This provision provides FEMA
with flexibility in how and when to provide this assistance.
The Committee expects that FEMA will exercise this discretion
to ensure that this provision is implemented prudently with
appropriate accountability, especially in determining when a
financial hardship is caused by a major disaster. Although this
provision specifically refers to major disasters, under section
502(a)(6) of the Stafford Act, MRA, like all assistance under
Section 408, is available following an emergency declaration as
well.
Sec. 203. Clarification of grant authority
Section 203 makes technical amendments to section 418 of
the Stafford Act (Emergency Communications) and section 419 of
the Stafford Act (Emergency Public Transportation), clarifying
that assistance authorized by these sections can be provided by
grants to States rather than solely being provided directly by
the Federal Government. This provision also amends section 309
of the Stafford Act to clarify that FEMA can enter into grant
agreements to carry out this section. The Committee notes that
the agreements authorized by this section include agreements
entered into prior to a major disaster or emergency for use in
response to a major disaster or emergency. The agreements
entered into prior to a disaster could be similar to the
agreements authorized for Urban Search and Rescue Teams
authorized by section 328(m) of the Stafford Act, as amended by
this bill, or the pre-scripted mission assignments that FEMA
promulgates with other Federal agencies prior to major
disasters and emergencies.
Sec. 204. Case management services
Subsection (a) of Section 204 makes technical amendments to
section 426 of the Stafford Act which authorizes case
management services. The term ``qualified private
organizations'' is replaced with ``qualified relief or disaster
assistance organizations''. This change makes section 426
consistent with section 309 of the Stafford Act and other FEMA
programs, by conforming the description of voluntary agencies
that assist in disasters. Section 426, as amended, only applies
to ``qualified relief or disaster assistance organizations''.
The use of the term qualified is meant to be limiting and apply
only to those relief or disaster assistance organizations that
have expertise in case management. In addition, by making this
section consistent with section 309, the language reinforces
that FEMA may use the authority provided in section 309 to
enter into grant agreements with these organizations to carry
out this section.
Subsection (b) requires the Administrator of FEMA, within
one year of the date of enactment, to implement a plan to
ensure that FEMA is the lead agency in coordinating and
managing the case management services authorized by section 426
of the Stafford Act. Within 30 days of the date of enactment,
the Administrator of FEMA must report to Congress on the
actions that the Administrator is taking to ensure that FEMA is
the lead agency for case management services and to involve
qualified relief or disaster assistance organizations.
Sec. 205. Household pets and service animals
Subsection (a) of Section 205 amends section 502 of the
Stafford Act, to add rescue, care, and sheltering of household
pets and service animals to the activities eligible under
emergency assistance programs in Title V of Stafford Act. The
Post-Katrina Emergency Management Reform Act of 2006 amended
section 403 of the Stafford Act to make such activities
eligible for assistance in a major disaster declaration under
Title IV of the Stafford Act, but did not provide this
authority for emergency declarations under Title V of the
Stafford Act. This provision extends that authority to
emergency declarations.
Subsection (b) makes technical corrections to section
403(a) of the Stafford Act.
Sec. 206. Storage, sale, transfer, and disposal of housing units
Section 206 requires FEMA to address its inventory of
temporary housing units.
Subsection (a) defines the terms ``Administrator'',
``emergency'', ``major disaster'', ``FEMA'', ``hazard'',
``suitable condition'', and ``Stafford Act''.
Subsection (b) requires FEMA, within three months of the
date of enactment, to assess the number of housing units
necessary to meet requirements for major disasters and
emergencies under the Stafford Act, and to establish criteria
for determining whether the units stored by FEMA are in
suitable condition.
Subsection (c) requires FEMA to establish a plan for
storing the necessary units and selling, storing, or otherwise
disposing of those units that are not necessary to maintain in
stock. Trailers that are found to have formaldehyde must be
disposed of in a manner to ensure they are not to be used for
housing. The plan must be established within six months of the
date of enactment and, within nine months of the date of
enactment, the Administrator must begin to implement the plan.
The disposal of units not necessary to maintain in stock must
occur within two years of the date of enactment. Not later than
six months after the date of enactment, and every three months
thereafter, the Administrator shall submit a report on
implementation of the plan to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate until the disposal of the units is complete.
Subsection (d) allows for the transfer of excess temporary
housing units to States, subject to certain conditions, for use
in major disasters or emergencies under the Stafford Act or for
other incidents caused by a hazard that the Governor determines
requires State assistance. However, in the event of a major
disaster or emergency in that State, the State must make the
units available to the President for use in that major disaster
or emergency or provide the units directly to survivors of that
major disaster or emergency. The Administrator shall establish
a process to review requests made by States for temporary
housing units under this section and to distribute excess
temporary housing units that are in FEMA's inventory and in
suitable condition. If the number of temporary housing units
requested by States exceeds the number available, the
Administrator shall determine how to allocate available units
among the States that have made a request.
Sec. 207. Other methods of disposal
Section 207 amends section 408 of the Stafford Act to allow
the Administrator to sell excess temporary housing units that
are no longer needed by FEMA to a State, governmental entity,
or voluntary organization to provide temporary housing to
disaster victims in disasters and incidents caused by a hazard
(as defined in section 602 of the Stafford Act) that do not
result in a declaration of a major disaster or emergency,
provided that such recipients meet existing conditions under
current law.
Sec. 208. Establishment of criteria relating to administration of
hazard mitigation assistance by States
Section 208 requires the President, within 180 days of the
date of enactment, to implement a program authorized in section
204 of the Disaster Mitigation Act of 2000. To date, FEMA has
not implemented this program to allow States to manage the
Hazard Mitigation Grant Program under section 404 of the
Stafford Act.
Sec. 209. Use of financial assistance to disseminate information
regarding cost-effective mitigation technologies
Section 209 amends section 203 of the Stafford Act to
increase the amount of Pre-Disaster Mitigation program funds
that a State may use to disseminate information about cost-
effective mitigation technologies from 10 percent to up to 15
percent, with the approval of the President.
TITLE III--OTHER MATTERS
Sec. 301. Emergency Management Assistance Compact grants
Subsection (a) of Section 301 adds a new section 617 to the
Stafford Act to reauthorize Emergency Management Assistance
Compact (EMAC or Compact) grants. EMAC provides form and
structure to interstate mutual aid and allows a State that is
impacted by a disaster to request and receive assistance from
other States quickly and efficiently. States and the
Administrator of the Emergency Management Assistance Compact
are eligible to receive grants under this section. The grants
may be used to carry out recommendations identified in the EMAC
after-action reports for the 2004 and 2005 hurricane seasons;
administer the Compact; coordinate with FEMA and other
appropriate Federal agencies; continue coordination with State
and local governments and their respective national
organizations; or assist with credentialing providers and
typing emergency response resources. In providing assistance
under the Compact, the Administrator of FEMA shall consult with
the Administrator of the Compact to ensure effective
coordination of efforts in responding to requests for
assistance. This section authorizes $4,000,000 to be
appropriated to carry out this section for each of fiscal years
2010, 2011, and 2012. The current authorization for EMAC grants
expired on September 30, 2008.
Subsection (b) repeals 6 U.S.C. 761 which is the previous
authorization that expired on September 30, 2008.
Sec. 302. Authority to accept and use gifts
Section 302 makes a technical amendment to section 701(b)
of the Stafford Act that clarifies that FEMA may make grants
with funds or other gifts and donations made under section 701.
Sec. 303. Individual assistance factors
Section 303 requires FEMA, not later than one year after
the date of enactment, to review, update, and revise, through
rulemaking, the factors considered in making recommendations
for the assistance provided to individuals and families under
the Stafford Act (as provided in 44 CFR 206.48). In developing
these factors, the Committee recommends that FEMA not
discriminate against States that have existing individual
assistance programs and encourage other States to create such
programs.
Sec. 304. Technical corrections to references
Section 304 makes technical corrections by changing
references to the ``Director'' of FEMA to ``Administrator'' of
FEMA, consistent with the change in title of the head of FEMA
that took effect on April 1, 2007.
Sec. 305. Functions of Federal Coordinating Officer
Section 305 amends section 302 of the Stafford Act to
clarify the responsibilities of the Federal Coordinating
Officer (FCO) appointed after a major disaster or emergency in
recovery, including long-term recovery. This section requires
the FCO to make an initial appraisal of the types of recovery
assistance needed not later than one month after the date of
declaration of a major disaster or emergency. As appropriate,
the FCO shall incorporate the recommendations of the Federal
interagency disaster recovery task force created by section 306
of this Act. In addition, the FCO is required to coordinate
with State government officials on the establishment and
implementation of detailed short and long-term recovery plans.
The Committee notes that the FCO has authority for short
and long-term recovery provided in various provisions of the
Stafford Act, including section 402. FEMA, through its
regulations, has also created a role for a ``Disaster Recovery
Manager'' in 44 CFR 206.41(b). Although FEMA makes an
administrative distinction for the purposes of its programs,
the Disaster Recovery Manager carries out the duties of the FCO
in recovery and is almost always the same person as the FCO.
Sec. 306. Federal interagency disaster recovery task force
Section 306 adds a new section 330 to the Stafford Act to
establish a Federal interagency disaster recovery task force.
This task force will enhance and expedite recovery efforts of
the Federal Government with respect to a major disaster or
emergency.
Section 330(a) establishes the task force and requires the
task force to identify, maintain and catalogue Federal programs
that may be used to assist in recovery efforts and to report to
Congress at least annually.
Section 330(b) establishes the Administrator of FEMA as the
chairperson of the task force.
Section 330(c) requires that the task force 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. The Committee notes the critical
role that the Economic Development Administration (EDA) has
played in recovery from disasters and EDA's specific statutory
authority for post-disaster recovery, and expects that EDA will
play a significant role in the task force.
Section 330(d) provides that the task force shall meet at
least once each year.
Sec. 307. Debris removal
Section 307 authorizes the President to increase the cost
share by five percent for debris removal under section 407 of
the Stafford Act for States and local governments that have a
debris management plan approved by the Administrator of FEMA
prior to the disaster declaration. This section codifies a
pilot project authorized by the Committee in the Post-Katrina
Emergency Management Reform Act of 2006.
Sec. 308. Review of regulations and policies
Subsection (a) of section 308 requires the President,
within one year of the date of enactment, to review regulations
and policies related to Federal disaster assistance to
eliminate regulations that the President determines are no
longer relevant, to harmonize contradictory regulations, and to
simplify and expedite disaster recovery and assistance. The
Committee understands that FEMA has begun such a process and
expects that this review will occur within the timeframe
outlined in this section and with appropriate input from State
and local emergency managers and other stakeholders.
Subsection (b) provides that, not later than 18 months
after the date of enactment, 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 subsection (a) and any
related legislative recommendations.
Sec. 309. Appeals process
Section 309 amends section 423(b) of the Stafford Act to
change the deadline by which FEMA must issue decisions on
appeals on disaster assistance from 90 days to 60 days of
receiving notice of the appeal. This section also adds a new
provision that requires FEMA to provide a written explanation
of the failure to meet the new deadline to the applicant, and
provide quarterly reports to Congress. The Committee continues
to be concerned about FEMA's inability to meet the statutory
deadlines for decisions on appeals, especially in the Public
Assistance program. A recent report on the Public Assistance
program by the Inspector General of the Department of Homeland
Security, requested by the Committee, confirms these concerns.
The Inspector General found that, on average, it took FEMA
seven months to complete first appeals and an additional 10
months to complete second appeals; in some cases the appeal
process took several years.\5\
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\5\Department of Homeland Security Office of Inspector General,
Assessment of FEMA's Public Assistance Program Policies and Procedures,
Report OIG-10-26 (December 2009), at 4-6.
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Sec. 310. Repair restoration and replacement of damaged facilities
Subsection (a) of Section 310 amends section 406 of the
Stafford Act to lower the threshold for Public Assistance
projects on which the President must report to Congress from
$20 million to $5 million. The subsection also adds a new
provision to require a report, not less frequently than every
180 days, to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate on the status
of applications, obligations, and contributions for each active
major disaster on the date of the transmission of the report.
Subsection (b) requires the President, within 180 days of
the date of enactment, to issue regulations and implement the
cost estimating procedures for the Public Assistance program.
Section 406(e) of the Stafford Act was amended to require these
procedures in the Disaster Mitigation Act of 2000. FEMA has not
implemented the Disaster Mitigation Act requirement. A number
of hearings held by the Subcommittee on Economic Development,
Public Buildings, and Emergency Management have highlighted
delays in implementing the Public Assistance program and
conflicts between FEMA and State and local governments on
eligibility for this program. These delays and conflicts have
impeded the recovery from a number of disasters, including
Hurricane Katrina. The Committee believes that, if FEMA had
implemented the cost estimating requirements of the Disaster
Mitigation Act of 2000, many of these delays and conflicts
could have been avoided. The Committee also notes that
implementation of this provision is a critical element in
developing and implementing the special procedures for
widespread damages authorized by section 311 of this Act.
Sec. 311. Special procedures for widespread damage
Subsection (a) of section 311 amends the Stafford Act by
adding a new subsection 406(f). This provision authorizes the
President to make a determination, at the request of a
Governor, that a major disaster has caused extensive and
widespread damages; and that special procedures to expedite the
repair, restoration, reconstruction, or replacement of eligible
public facilities are in the public interest. The President may
apply any limitations or other conditions in making available
this assistance that the President establishes by regulation.
To be eligible for assistance under special procedures, a
State must submit a facility recovery plan to the President. To
provide assistance under special procedures, the President must
determine that the plan is consistent with the requirements of
this section. Within 10 days after the President makes the
determination to use special procedures, the President must
provide the State assistance in developing the facility
recovery plan, unless the State requests assistance in
developing the plan be provided at a later date. This
assistance to develop the plan may be provided through
financial assistance, technical assistance, or through the
Emergency Management Assistance Compact described in section
617 of the Stafford Act, as amended by section 301 of this Act.
When providing assistance under special procedures, the
President may provide up to 100 percent for large in-lieu
contributions, also known as alternate projects.
Subsection (b) requires the Administrator of FEMA to issue
an interim final rule to implement this program within 180 days
of the date of enactment, and a final rule not later than two
years after the date of the interim final rule. In issuing the
final rule, the Administrator shall consider public comments,
including the comments of State and local emergency management
agencies, and the report of the Inspector General under
subsection (c).
In developing the special procedures through rulemaking,
the Administrator shall consider, at a minimum, the authorities
and procedures used to carry out section 406(c) of the Stafford
Act, which authorizes large in-lieu projects, section 422,
which authorizes simplified procedures for small projects, and
section 406(e), which authorizes cost-estimating procedures,
including mitigation authorized by section 406(e)(1). The
Committee notes that with the exception of the adjustment for
contributions for large in-lieu projects, also known as
alternate projects, the Stafford Act already provides the
President with the discretion and flexibility to establish the
special procedures authorized by this section. However, this
section requires FEMA to do so, and establishes clear criteria
for when special procedures may be used.
Subsection (c) requires the Inspector General of the
Department of Homeland Security to issue a report 90 days after
the implementation of this provision and authorizes additional
reports as appropriate.
Additional Matters
FEMA has begun a multi-year effort to harmonize
administrative requirements for all of FEMA's hazard mitigation
programs, including the all-hazards PDM and HMGP programs
authorized by the Stafford Act, and flood mitigation programs
(e.g., Flood Mitigation Assistance, Repetitive Flood Loss, and
Severe Repetitive Loss). FEMA's goal is to unify the
administrative requirements of hazard mitigation assistance
programs by using common systems and tools, and by simplifying
and streamlining the application and eligibility determination
process. FEMA expects that these changes will improve program
implementation, management, and close-out. The focus is on
simplifying the process for both FEMA and the communities that
it serves. The Committee strongly supports these efforts.
The Committee notes that ``safe rooms'' can be effective in
protecting lives in a disaster and notes that safe rooms and
related projects that help ensure facilities protect lives
during a disaster are an appropriate use of Stafford Act
mitigation funds, subject to all other appropriate statutory
and program requirements.
The Committee recognizes that some communities have less
capability than others to develop competitive hazard mitigation
applications, and that some States are less able than others to
build and maintain the capacity to provide needed technical
assistance. The Committee encourages FEMA to continue to make
available technical assistance, and allow States the greatest
flexibility permitted to provide technical assistance to
communities that require such assistance and capacity building
to identify and develop applications in accordance with the
specifications of the nationally competitive program.
In 2006, FEMA instituted a Mitigation Reconstruction pilot
program for communities impacted by Hurricanes Katrina and
Rita; however, FEMA has not considered these projects in other
disasters. Mitigation Reconstruction, also known as Demolish-
Rebuild, provides for damaged structures to be reconstructed in
a way that will mitigate against loses in future disasters. In
certain cases, the cost-benefit of demolishing and
reconstructing justifies the use of mitigation funds in this
way. For example, simply elevating an old structure to guard
against flood damage does little to protect against wind
damage. In addition, there is no statutory prohibition against
the use of mitigation funding for mitigation reconstruction.
The Committee encourages and supports FEMA in making
appropriate mitigation reconstruction projects allowable under
its mitigation programs.
The Committee held a number of hearings detailing the
impact of FEMA's policies on recovery efforts following a large
and widespread disaster, such as Hurricane Katrina. Often, the
processes established through regulations and policies for
assistance under FEMA's programs were found to be cumbersome,
especially following a large-scale disaster. In addition, FEMA
has failed to fully implement certain authorities provided
under the Stafford Act, such as those authorities that provide
for the use of cost-estimating, which can help expedite the
recovery process. Therefore, H.R. 3377, as amended, includes a
number of provisions that are intended to help streamline and
improve assistance and coordination following such a disaster,
including directing the President to review disaster assistance
regulations and policies, shortening the Public Assistance
appeals process, creating a Federal Interagency Recovery Task
Force, and establishing special procedures for widespread
disasters.
The Committee notes that the Administration is engaged in a
number of efforts to review the Federal Government's role and
activities in disaster recovery including long-term recovery.
EDA has traditionally assisted communities' disaster recovery
and has specific authority to support post-disaster economic
recovery. The Committee expects that EDA will play a
significant role in any Federal long-term disaster recovery
efforts.
Legislative History and Committee Consideration
The Committee held the following hearings related to
matters contained in H.R. 3377 in the 110th and 111th
Congresses:
On March 27, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's Temporary Housing Program.
On April 20, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's Emergency Food Supply System.
On April 26, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's Preparedness and Response to All Hazards.
On April 30, 2008, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's Pre-Disaster Mitigation program.
On June 4, 2008, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing on
FEMA's Integrated Public Alerts and Warning System.
On September 23, 2008, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's response to the 2008 hurricane season and the
National Disaster Housing Strategy.
On February 25, 2009, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's continuing efforts on Gulf Coast recovery and
its response to recent disasters.
On May 14, 2009, the Committee on Transportation and
Infrastructure held a hearing on an Independent FEMA.
On July 27, 2009, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing on
catastrophic disasters.
On September 29, 2009, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on ongoing recovery efforts from Hurricane Katrina in
the Gulf Coast.
On September 30, 2009, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's Integrated Public Alerts and Warning System.
On October 20, 2009 the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on the reports of the National Council on Disabilities
and the National Commission on Children and Disaster on
disasters and emergency management.
On February 3, 2010, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on FEMA's National Urban Search and Rescue System and
their activities in response to the Haitian earthquake.
On March 4, 2010, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing on
the United States Conference of Mayors report on the Stafford
Act and on disaster issues related to cities.
On March 23, 2010, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing on the response to winter storms and disaster
declarations for winter storms in the National Capital Region.
On May 11, 2010, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing on
the proposed Fiscal Year 2011 budgets for FEMA and the Economic
Development Administration.
In the 110th and 111th Congresses, the Committee took
action on the following legislation:
On May 21, 2008, Chairman James L. Oberstar introduced H.R.
6109, the ``Pre-Disaster Mitigation Act of 2008''. On May 22,
2008, the Committee on Transportation and Infrastructure met in
open session to consider H.R. 6109. The Committee ordered the
bill reported favorably to the House by voice vote with a
quorum present. On June 19, 2008, the Committee on
Transportation and Infrastructure reported the bill. H. Rept.
110-725.
On July 30, 2008, Chairman James L. Oberstar introduced
H.R. 6658, the ``Disaster Response, Recovery, and Mitigation
Enhancement Act of 2008''. On July 31, 2008, the Committee on
Transportation and Infrastructure met in open session to
consider H.R. 6658. The Committee ordered the bill reported
favorably to the House by voice vote with a quorum present.
On March 26, 2009, Chairman James L. Oberstar introduced
H.R. 1746, the ``Pre-Disaster Mitigation Act of 2009''. On
April 2, 2009, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1746. The
Committee ordered the bill reported favorably to the House by
voice vote with a quorum present. On April 23, 2009, the
Committee on Transportation and Infrastructure reported the
bill. H. Rept. 111-83.
On July 29, 2009, Chairman James L. Oberstar introduced
H.R. 3377, the ``Disaster Response, Recovery, and Mitigation
Enhancement Act of 2009''. On November 5, 2009, the Committee
on Transportation and Infrastructure met in open session to
consider H.R. 3377. The Committee adopted by voice vote an
amendment in the nature of a substitute. The Committee ordered
the bill, as amended, reported favorably to the House by voice
vote with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 3377 or ordering the bill reported.
A motion to order H.R. 3377, as amended, reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
improve the assistance that the Federal Government provides to
States, local governments, and communities before, during, and
after major disasters and emergencies.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R.
3377, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 8, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3377, the Disaster
Response, Recovery, and Mitigation Enhancement Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 3377--Disaster Response, Recovery, and Mitigation Enhancement Act
of 2009
Summary: H.R. 3377 would affect several grant and disaster
assistance programs administered by the Federal Emergency
Management Agency (FEMA). The legislation would:
Authorize grants to states and localities
for predisaster mitigation programs;
Modernize emergency warning systems to
incorporate multiple technologies;
Expand participation in the Federal
Employees Health Benefit (FEHB) program to include
temporary or intermittent employees hired by FEMA
during a disaster;
Provide funding for urban response and
rescue efforts and establish a national network of
standardized resources for search and rescue;
Increase hazard mitigation assistance
available to states following a disaster;
Authorize mortgage and rental payment
assistance for victims of a disaster;
Authorize grants to states that agree to
provide aid to other states during a disaster;
Increase assistance for debris removal to
states and local governments;
Require FEMA to undertake a number of
reviews and reports;
Specifically authorize a Disaster Relief
Fund (DRF);
Authorize assistance for the rescue, care,
and shelter of household pets and service animals
during a declared emergency;
Direct FEMA to develop and implement a plan
to dispose of excess housing units; and,
Create special procedures for recovery
funding for disasters with extensive and widespread
damages and increase assistance for alternative public
assistance projects.
Assuming appropriation of the necessary funds, CBO
estimates that implementing H.R. 3377 would cost about $1.2
billion over the 2010-2015 period.
In addition, the legislation would authorize FEMA to retain
and spend receipts from the sales of excess materials,
supplies, and equipment. Under current law, proceeds in excess
of sale costs are deposited into the Treasury. Pay-as-you-go
procedures would apply because enacting the legislation would
affect direct spending; however, CBO estimates that such
spending would be insignificant in any year. We estimate that
enacting this legislation would not affect revenues.
H.R. 3377 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), by eliminating an existing right to seek compensation
for damages and by requiring employers to allow members of the
urban search and rescue response system to reclaim their jobs
after completing a deployment to a disaster. Based on
information from FEMA, CBO estimates that the cost to comply
with the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($70 million and $141 million, respectively, in 2010,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3377 is shown in the following table.
The cost of this legislation falls within budget functions 450
(community and regional development) and 550 (health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2010-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Predisaster Mitigation Grants:
Authorization Level\1\..................... 150 250 250 0 0 0 650
Estimated Outlays.......................... 4 81 160 205 150 50 650
Integrated Public Alert and Warning System:
Estimated Authorization Level.............. 0 39 39 40 41 43 202
Estimated Outlays.......................... 0 6 14 25 34 40 119
Health Benefits for Temporary Employees:
Estimated Authorization Level.............. 4 16 17 18 19 21 95
Estimated Outlays.......................... 4 16 17 18 19 21 95
National Urban Search and Rescue Response
System:
Authorization Level\1\..................... 19 52 52 0 0 0 123
Estimated Outlay........................... 2 46 52 23 0 0 123
Increased Hazard Mitigation Assistance:
Estimated Authorization Level.............. 0 28 56 56 57 58 255
Estimated Outlays.......................... 0 1 8 22 36 47 114
Temporary Mortgage and Rental Payments:
Estimated Authorization Level.............. 0 2 3 3 3 3 14
Estimated Outlays.......................... 0 1 3 3 3 3 13
Emergency Management Assistance Compact Grants:
Authorization Level........................ 4 4 4 0 0 0 12
Estimated Outlays.......................... 1 4 4 3 0 0 12
Increased Debris Removal Assistance:
Estimated Authorization Level.............. 0 12 18 18 18 19 85
Estimated Outlays.......................... 0 11 17 18 18 19 83
Reviews and Reports:
Estimated Authorization Level.............. * 1 1 1 1 1 5
Estimated Outlays.......................... * 1 1 1 1 1 5
Total Changes:
Estimated Authorization Level.......... 177 404 440 136 139 145 1,441
Estimated Outlays...................... 11 167 276 318 261 181 1,214
----------------------------------------------------------------------------------------------------------------
Note: *less than $500,000.
\1\H.R. 3377 would authorize appropriations for fiscal year 2010 above amounts provided by the Congress under
current law and allocated by FEMA for that year (see Public Law 111-83).
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted during fiscal year 2010 and that
amounts specified and estimated to be necessary will be
appropriated for each year.
Spending subject to appropriation
Predisaster Mitigation Grants. Section 101 would authorize
the appropriation of $250 million in each of fiscal years 2010
through 2012 for FEMA to provide assistance to states and
localities for predisaster mitigation projects such as
constructing levees, relocating homes away from flood prone
areas, and retrofitting buildings in areas prone to
earthquakes. For 2010, the Congress provided $100 million for
such assistance (see Public Law 111-83). CBO assumes that the
additional $150 million authorized by this legislation for that
year would also be appropriated. Based on historical spending
patterns for this program, CBO estimates that implementing this
provision would cost $650 million over the 2010-2015 period.
Integrated Public Alert and Warning System. Section 102
would authorize the appropriation of $37 million for 2010 and
such sums as may be necessary thereafter to modernize the
Integrated Public Alert and Warning System (IPAWS). IPAWS
utilizes multiple technologies (for example, satellite radios,
computers, pagers, and cellular phones) in addition to
traditional radio and television communications to provide
information about an impending or ongoing disaster. To date,
FEMA has completed several pilot programs and continues to
implement IPAWS technologies in various regions. In addition,
the legislation would establish an advisory committee to make
recommendations on implementing the system.
FEMA plans to allocate about $37 million for IPAWS in 2010
from amounts already provided for that year. Based on
information from the agency, CBO does not expect that
activities would increase significantly over the next five
years under this bill. Consequently, we estimate that the
amounts necessary to implement this section would be roughly
equivalent to the current budget for the program (adjusted for
inflation) and would cost about $119 million over the 2011-2015
period.
Health Benefits for Temporary Employees. Section 103 would
allow temporary or intermittent employees hired by FEMA under
the Stafford Act to enroll in the Federal Employees Health
Benefit (FEHB) program. Based on estimates from FEMA of the
number of disaster assistance employees that would be eligible
each year (about 8,000), CBO estimates that the federal
contribution towards premiums for temporary and intermittent
employees would total about $95 million over the 2010-2015
period. CBO estimates that about half of the eligible employees
working for less than one year would enroll in the program.
National Urban Search and Rescue Response System. Section
105 would authorize the appropriation of $52 million in each of
fiscal years 2010 through 2012 for FEMA to supplement
operations of the National Urban Search and Rescue Response
System. The system consists of multiple task forces made up of
participants from fire departments, law enforcement agencies,
federal, state, and local governments, and private companies.
Task forces assist local responders in locating victims and
managing recovery operations. Funding provided in this
legislation would be used to operate and train the task forces,
maintain equipment, and replace or repair equipment used in
training or when responding to a disaster. The bill also would
direct FEMA to establish a national network of standardized
resources used in search and rescue operations and to enter
into cooperative agreements with sponsoring agencies to
reimburse costs incurred in those efforts.
For 2010, the Congress provided about $33 million for the
Urban Search and Rescue Response System (see Public Law 111-
83). CBO assumes that the additional $19 million authorized by
this bill for 2010 also would be provided. Based on historical
spending patterns for this program, CBO estimates that
implementing this provision would cost $123 million over the
2010-2015 period.
Increased Hazard Mitigation Assistance. Section 201 would
increase assistance available to states under FEMA's Hazard
Mitigation Grant Program (HMGP). Under current law, states
receive grants for postdisaster mitigation equal to between 7.5
percent and 15 percent of total recovery assistance provided
under the Stafford Act. States with a FEMA-approved State or
Tribal Enhanced Hazard Mitigation Plan may receive grants of up
to 20 percent of Stafford Act assistance, Under this
legislation, if a state is actively enforcing an approved
building code, FEMA could increase mitigation assistance
through HMGP by an amount equal to 4 percent of total recovery
assistance. Based on historical obligations for hazard
mitigation and assuming that about half of future disasters
occur in states with approved building codes, CBO estimates
that implementing this provision would require additional
appropriations of about $255 million over the 2011-2015 period,
at a cost of $114 million.
Temporary Mortgage and Rental Payments. Section 202 would
authorize FEMA to make mortgage and rental payments on behalf
of individuals facing imminent risk of eviction as a result of
a disaster. Assistance under the program would be limited to 18
months and would be subject to FEMA's cap on total individual
and household assistance ($29,900 for 2010, adjusted annually
for inflation). Prior to 2002, FEMA operated a Mortgage and
Rental Assistance (MRA) program with similar parameters.
Payments under MRA totaled about $18 million from 1970 until
2001, when FEMA distributed $76 million in assistance following
the September 11 terrorist attacks, CBO estimates that
implementing a similar program would require additional
resources of about $14 million over the next five years,
increasing discretionary spending by $13 million over that
period.
Emergency Management Assistance Compact Grants. Section 301
would authorize the appropriation of $4 million a year over the
2010-2012 period for grants to administer and coordinate
activities under the Emergency Management Assistance Compact
(EMAC). EMAC was ratified by the Congress in 1996 (see Public
Law 104-321) as an interstate mutual-aid agreement that enables
member states to share resources during a declared disaster.
The compact also allows for interstate coordination of
emergency-related exercises and training. EMAC is currently
administered by the National Emergency Management Association
(NEMA), a private association representing state emergency
management directors. Based on historical expenditure patterns,
CBO estimates that providing grants to NEMA and EMAC
participants would cost $12 million over the 2010-2013 period.
Increased Debris Removal Assistance. Section 308 would
increase the federal cost share for debris removal by 5 percent
for states and local governments that have developed a debris
management plan and have prequalified at least two wreckage-
removal contractors prior to a disaster. Under current FEMA
covers 75 percent of the cost for debris removal after a
disaster. (In certain cases, the federal share has been
temporarily increased up to 100 percent.)
Like other disaster relief, spending for debris removal
varies depending on the quantity and magnitude of disasters in
a given year. Over the 2000-2004 period, annual allocations for
debris removal averaged about $350 million compared with almost
$1.2 billion over the last five years. Based on those
historical expenditures, CBO estimates that implementing this
provision would require additional resources of about $85
million over the next five years, at a cost of $83 million over
that time.
Reviews and Reports. The legislation would direct FEMA to
review the factors used to measure the severity, magnitude,
cost, and impact of a disaster; the criteria for a state to
administer its HMGP funds; and whether certain recommendations
regarding individuals with disabilities should be incorporated
into policies for disaster response and recovery. CBO cannot
predict whether any actions undertaken as a result of those
reviews would affect the costs of disaster relief.
The legislation also would require FEMA to submit reports
to the Congress regarding improvements to IPAWS (from the newly
created IPAWS Modernization Advisory Committee); activities of
the DRF; the storage, use, and disposal of temporary housing
units; the status of public assistance grants for each major
disaster; and the implementation of special procedures for
disasters with widespread damage. Based on the historical costs
of similar types of studies produced by FEMA and other
agencies, CBO estimates that this work would cost about $5
million over the next five years.
Other Provisions. H.R. 3377 would make a number of other
changes to the Stafford Act, which CBO estimates would have no
significant impact on the federal budget.
Disaster Relief Fund (DRF). Section 106 would authorize the
appropriation of whatever amounts are necessary to provide
disaster-related assistance under the Stafford Act. Although
current law does not explicitly authorize appropriations for
those purposes, the Congress regularly provides funds to the
DRF through annual and supplemental appropriations. Since 2000,
more than $85 billion has been expended for disaster
assistance, including more than $37 billion for the 2005 Gulf
Coast hurricanes. Because this provision would not alter the
authorized activities of the federal government in response to
a disaster, CBO estimates that it would have no additional
cost.
Assistance for Household Pets and Service Animals. Section
205 would authorize FEMA to provide assistance for the rescue,
care, and shelter of household pets and service animals during
a declared emergency. Under current law, such assistance is
available within presidentially declared disaster areas at the
discretion of FEMA. Emergency assistance (unlike major disaster
assistance) may be triggered without a gubernatorial request
and does not require that certain criteria (for example, level
of damages) be met before federal aid becomes available. Based
on information from FEMA, CBO does not expect that a
significant increase in resources would be necessary to
implement this provision.
Disposal of Temporary Housing Units. Section 206 would
direct FEMA to develop and implement a plan to dispose of
temporary housing units (for example, mobile homes and travel
trailers) that are in excess of current and future needs or are
determined to be unusable. Excess units determined to be in a
suitable condition could immediately be donated to states for
disaster relief purposes, instead of first being offered for
sale to current occupants under current law. CBO cannot
determine how many units would be donated rather than sold
under this provision; however, because the proceeds of any sale
are deposited in the DRF or remain with General Services
Administration (GSA disposes of excess property for FEMA and
many other agencies) under current law, any change in receipts
would have no net effect on the federal budget.
Additional Assistance for Certain Disasters. Section 312
would direct FEMA to establish special procedures for areas
where a major disaster has caused extensive and widespread
damage. Those procedures would allow FEMA to provide technical
and financial assistance to develop recovery spending plans and
increased federal funding for certain public assistance
projects. Under current law, state and local governments may
elect to construct new facilities, engage in hazard mitigation,
or repair and expand other facilities in lieu of repairing an
existing structure damaged by a disaster. In such cases,
federal funding is decreased by 10 percent for public buildings
and by 25 percent for private nonprofit facilities. Using the
special procedures developed under this section, FEMA could
provide the full federal share for the cost of those projects
(which is typically 75 percent, but for large disasters may
increase to 90 percent).
CBO assumes that the special procedures would apply only in
cases where damages are exceedingly high or widespread (such as
Hurricane Katrina in 2005 or Hurricane Ike in 2008). CBO cannot
predict the timing of these events or whether any other
additional assistance may be provided as a result of this
provision. Few alternative projects were undertaken following
major disasters over the last few years, suggesting that
additional expenditures under the bill would be small in most
years.
Direct spending
Section 104 would authorize FEMA to sell excess disaster-
related materials, supplies, and equipment directly to states,
local governments, and disaster relief organizations for the
purpose of assisting victims of other disasters or emergencies.
Proceeds received from the sale of such excess property would
be available to FEMA to provide future disaster assistance.
Under current law, such receipts are deposited in the Treasury
as miscellaneous receipts. Any decrease in receipts to the
Treasury as a result of this provision would be considered
direct spending.
Based on information from GSA, CBO estimates that any
additional spending under this provision would be
insignificant. Under current law, excess property is first
available for transfer to other federal agencies. Material not
transferred may be donated to state and nonprofit
organizations. Property not disposed of through those means may
then be offered to the public for sale. The sale of FEMA's
materials and supplies generally does not result in a
significant sum deposited in the Treasury. Usually, FEMA or GSA
will retain any receipts to cover the costs of a sale (for
example, warehousing and handling). Therefore, CBO estimates
that allowing FEMA to retain proceeds from the sale of excess
disaster-related materials, supplies, and equipment would have
no significant net effect on the federal budget.
Pay-as-you-go considerations: Because provisions of the
bill could affect direct spending, pay-as-you-go procedures
would apply. However, CBO estimates that any increase in direct
spending under the bill would be insignificant in each year.
Intergovernmental and private-sector impact: H.R. 3377
would impose intergovernmental and private-sector mandates as
defined in UMRA. CBO estimates that the cost to comply with the
mandates to state, local, and tribal governments and the
private sector would fall below the annual thresholds
established in UMRA for such mandates ($70 million and $141
million, respectively, in 2010, adjusted annually for
inflation).
Under current law, members of search and rescue task forces
have protection from tort liability when participating in
federal preparedness activities. The bill would expand that
protection to include training exercises. Such protection would
impose a mandate because it would eliminate an existing right
to seek compensation for damages. According to FEMA, no claims
for damage have been filed regarding a training exercise, nor
does the agency expect that any such claims would be filed
under current law. Therefore, CBO estimates that the costs, if
any, of this mandate would be minimal.
The bill also would require employers to allow task force
members who are deployed to a disaster to reclaim their jobs
upon completion of their service. According to FEMA, there are
currently about 2,000 workers in the system; the duration of
deployment is usually less than one month; and in general, most
employers currently allow workers to reclaim their positions:
Thus, CBO estimates that the cost for government and private-
sector employers to comply with the mandate would fall below
the annual thresholds.
The bill also would benefit state, local, and tribal
governments by authorizing appropriations for hazard mitigation
activities; authorizing the sale of excess materials, supplies,
and equipment to those governments for use in emergencies; and
authorizing the reimbursement of compensation for certain
public employees who are activated as part of an urban search
and rescue team. Any costs to those governments would he
incurred voluntarily.
Estimate prepared by: Federal Costs: Daniel Hoople--FEMA;
Kirstin Nelson--FEHB; Impact on State, Local, and Tribal
Governments: Melissa Merrell; Impact on the Private Sector:
Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
3377, as amended, does not contain any earmarks, limited tax
benefits, or limited tariff benefits under clause 9(e), 9(f),
or 9(g) of rule XXI.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 3377, as amended,
does not preempt any State, local, or tribal law.
Advisory Committee Statement
H.R. 3377, as amended, establishes an advisory committee as
defined by section 3 of the Federal Advisory Committee Act: the
Urban Search and Rescue Advisory Committee. The Committee finds
pursuant to section 5 of the Federal Advisory Committee Act
that none of the functions of the proposed advisory committee
are being or could be performed by one or more agencies or by
an advisory committee already in existence, or by enlarging the
mandate of an existing advisory committee. The Committee also
determines that the Urban Search and Rescue Advisory Committee
has a clearly defined purpose, fairly balanced membership, and
meets all of the other requirements of section 5(b) of the
Federal Advisory Committee Act.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act''.
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 203. [PREDISASTER] PRE-DISASTER HAZARD MITIGATION.
(a) * * *
(b) Establishment of Program.--The President may establish a
program to provide technical and financial assistance to States
and local governments to assist in the implementation of
[predisaster] pre-disaster hazard mitigation measures that are
cost-effective and are designed to reduce injuries, loss of
life, and damage and destruction of property, including damage
to critical services and facilities under the jurisdiction of
the States or local governments.
(c) Approval by President.--If the President determines that
a State or local government has identified natural disaster
hazards in areas under its jurisdiction and has demonstrated
the ability to form effective public-private natural disaster
hazard mitigation partnerships, the President, using amounts in
the National [Predisaster] Pre-Disaster Mitigation Fund
established under subsection (i) (referred to in this section
as the ``Fund''), may provide technical and financial
assistance to the State or local government to be used in
accordance with subsection (e).
* * * * * * *
(e) Uses of Technical and Financial Assistance.--
(1) In general.--Technical and financial assistance
provided under this section--
(A) shall be used by States and local
governments principally to implement
[predisaster] pre-disaster hazard mitigation
measures that are cost-effective and are
described in proposals approved by the
President under this section; and
* * * * * * *
(2) Dissemination.--A State or local government may
use not more than 10 percent (or up to 15 percent if
approved by the President) of the financial assistance
received by the State or local government under this
section for a fiscal year to fund activities to
disseminate information regarding cost-effective
mitigation technologies.
[(f) Allocation of Funds.--The amount of financial assistance
made available to a State (including amounts made available to
local governments of the State) under this section for a fiscal
year--
[(1) shall be not less than the lesser of--
[(A) $500,000; or
[(B) the amount that is equal to 1.0 percent
of the total funds appropriated to carry out
this section for the fiscal year;
[(2) shall not exceed 15 percent of the total funds
described in paragraph (1)(B); and
[(3) shall be subject to the criteria specified in
subsection (g).]
(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.
(g) Criteria for Assistance Awards.--In determining whether
to provide technical and financial assistance to a State or
local government under this section, the President shall take
into account--
(1) * * *
* * * * * * *
(9) the extent to which assistance will fund
mitigation activities in small impoverished
communities; [and]
(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
[(10)] (11) such other criteria as the President
establishes in consultation with State and local
governments.
* * * * * * *
(i) National [Predisaster] Pre-Disaster Mitigation Fund.--
(1) Establishment.--The President may establish in
the Treasury of the United States a fund to be known as
the ``National [Predisaster] Pre-Disaster Mitigation
Fund'', to be used in carrying out this section.
(2) Transfers to fund.--There shall be deposited in
the Fund--
(A) * * *
(B) sums available from gifts, bequests, or
donations of services or property received by
the President for the purpose of [predisaster]
pre-disaster hazard mitigation.
* * * * * * *
[(m) Termination of Authority.--The authority provided by
this section terminates September 30, 2009.]
(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.
SEC. 204. INTERAGENCY TASK FORCE.
(a) * * *
(b) Chairperson.--The [Director] Administrator of the Federal
Emergency Management Agency shall serve as the chairperson of
the task force.
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
COORDINATING OFFICERS
Sec. 302. (a) * * *
(b) In order to effectuate the purposes of this Act, the
Federal coordinating officer, within the affected area, shall--
(1) * * *
* * * * * * *
(3) coordinate the administration of relief,
including activities of the State and local
governments, the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations,
which agree to operate under his advise or direction,
except that nothing contained in this Act shall limit
or in any way affect the responsibilities of the
American National Red Cross under the Act of January 5,
1905, as amended (33 Stat. 599); [and]
(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
[(4)] (6) take such other action, consistent with
authority delegated to him by the President, and
consistent with the provisions of this Act, as he may
deem necessary to assist local citizens and public
officials in promptly obtaining assistance to which
they are entitled.
* * * * * * *
SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
(a) * * *
(b) Emergency Response Teams.--
(1) Establishment.--In carrying out subsection (a),
the President, acting through the [Director]
Administrator of the Federal Emergency Management
Agency, shall establish--
(A) * * *
* * * * * * *
(2) Target capability level.--The [Director]
Administrator shall ensure that specific target
capability levels, as defined pursuant to the
guidelines established under section 646(a) of the
Post-Katrina Emergency Management Reform Act of 2006,
are established for Federal emergency response teams.
(3) Personnel.--The President, acting through the
[Director] Administrator, shall ensure that the Federal
emergency response teams consist of adequate numbers of
properly planned, organized, equipped, trained, and
exercised personnel to achieve the established target
capability levels. Each emergency response team shall
work in coordination with State and local officials and
onsite personnel associated with a particular incident.
(4) Readiness reporting.--The [Director]
Administrator shall evaluate team readiness on a
regular basis and report team readiness levels in the
report required under section 652(a) of the Post-
Katrina Emergency Management Reform Act of 2006.
* * * * * * *
PERFORMANCE OF SERVICES
Sec. 306. (a) * * *
* * * * * * *
(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.
* * * * * * *
USE AND COORDINATION OF RELIEF ORGANIZATIONS
Sec. 309. (a) * * *
(b) The President is authorized to enter into agreements,
including grant agreements, with the American National Red
Cross, the Salvation Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations under which
the disaster relief activities of such organizations may be
coordinated by the Federal coordinating officer whenever such
organizations are engaged in providing relief during and after
a major disaster or emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies,
and services will be in compliance with regulations prohibiting
duplication of benefits and guaranteeing nondiscrimination
promulgated by the President under this Act, and such other
regulation as the President may require.
* * * * * * *
SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) * * *
* * * * * * *
(c) Duties.--The Small State and Rural Advocate shall--
(1) * * *
* * * * * * *
(3) conduct such other activities as the [Director]
Administrator of the Federal Emergency Management
Agency considers appropriate.
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. 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.
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.
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.
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 403. ESSENTIAL ASSISTANCE.
(a) In General.--Federal agencies may on the direction of the
President, provide assistance essential to meeting immediate
threats to life and property resulting from a major disaster,
as follows:
(1) * * *
* * * * * * *
(3) Work and services to save lives and protect
property.--Performing on public or private lands or
waters any work or services essential to saving lives
and protecting and preserving property or public health
and safety, including--
(A) * * *
(B) search and rescue, emergency medical
care, emergency mass care, emergency shelter,
and provision of food, water, medicinedurable
[medical equipment,,] medical equipment, and
other essential needs, including movement of
supplies or persons;
* * * * * * *
[(J) provision of rescue, care, shelter, and
essential needs--
[(i) to individuals with household
pets and service animals; and
[(ii) to such pets and animals.]
* * * * * * *
SEC. 404. HAZARD MITIGATION.
(a) *
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the [Director] Administrator of the
Federal Emergency Management Agency may provide
property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) * * *
(B) on or after the date of enactment of this
subsection, the applicant for the assistance
enters into an agreement with the [Director]
Administrator that provides assurances that--
(i) * * *
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) * * *
* * * * * * *
(III) a structure that the
[Director] Administrator
approves in writing before the
commencement of the
construction of the structure;
and
* * * * * * *
(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.
* * * * * * *
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) Contributions.--
(1) * * *
* * * * * * *
(4) Notification to congress.--Before making any
contribution under this section in an amount greater
than [$20,000,000] $5,000,000, the President shall
notify--
(A) * * *
* * * * * * *
(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.
* * * * * * *
(c) Large In-Lieu Contributions.--
(1) For public facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
(i) * * *
(ii) any uninsured public facility
located in a special flood hazard area
identified by the [Director]
Administrator of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(2) For private nonprofit facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
(i) * * *
(ii) any uninsured private nonprofit
facility located in a special flood
hazard area identified by the
[Director] Administrator of the Federal
Emergency Management Agency under the
National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.).
(d) Flood Insurance.--
(1) Reduction of federal assistance.--If a public
facility or private nonprofit facility located in a
special flood hazard area identified for more than 1
year by the [Director] Administrator pursuant to the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.) is damaged or destroyed, after the 180th day
following the date of the enactment of the Disaster
Relief and Emergency Assistance Amendments of 1988, by
flooding in a major disaster and such facility is not
covered on the date of such flooding by flood
insurance, the Federal assistance which would otherwise
be available under this section with respect to repair,
restoration, reconstruction, and replacement of such
facility and associated expenses shall be reduced in
accordance with paragraph (2).
* * * * * * *
(e) Eligible Cost.--
(1) * * *
* * * * * * *
(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after the date of the enactment of this
paragraph, the President, acting through the
[Director] Administrator of the Federal
Emergency Management Agency, shall establish an
expert panel, which shall include
representatives from the construction industry
and State and local government.
* * * * * * *
(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.
DEBRIS REMOVAL
Sec. 407. (a) * * *
* * * * * * *
(d) Federal Share.--The Federal share of assistance under
this section shall be not less than 75 percent of the eligible
cost of debris and wreckage removal carried out under this
section. 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. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) * * *
* * * * * * *
(c) Types of Housing Assistance.--
(1) * * *
* * * * * * *
(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).
(d) Terms and Conditions Relating to Housing Assistance.--
(1) * * *
(2) Disposal of units.--
(A) * * *
(B) Other methods of disposal.--If not
disposed of under subparagraph (A), a temporary
housing unit purchased under this section by
the President for the purpose of housing
disaster victims--
(i) may be sold to any person; [or]
(ii) may be sold, transferred,
donated, or otherwise made available
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 major disasters and
emergencies if, as a condition of the
sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees--
(I) * * *
(II) to obtain and maintain
hazard and flood insurance on
the housing unit[.]; or
(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.
* * * * * * *
[EMERGENCY COMMUNICATIONS
[Sec. 418. The President]
SEC. 418. EMERGENCY COMMUNICATIONS.
(a) In General.--The President is authorized during, or in
anticipation of, an emergency or major disaster to provide
assistance, including financial assistance, equipment,
supplies, and personnel, in order to establish temporary
communications systems and to make such communications
available to State and local government officials and other
persons as he deems appropriate.
(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.
[EMERGENCY PUBLIC TRANSPORTATION
[Sec. 419. The President]
SEC. 419. EMERGENCY PUBLIC TRANSPORTATION.
(a) In General.--The President is authorized to provide
assistance to a State or local government, including financial
assistance, equipment, supplies, and personnel, in order to
provide temporary public transportation service in an area
affected by [a major] an emergency or major disaster to meet
emergency needs and to provide transportation to governmental
offices, supply centers, stores, post offices, schools, major
employment centers, and such other places as may be necessary
in order to enable the community to resume its normal pattern
of life as soon as possible.
(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.
* * * * * * *
SEC. 423. APPEALS OF ASSISTANCE DECISIONS.
(a) * * *
[(b) Period for Decision.--A decision regarding an appeal
under subsection (a) shall be rendered within 90 days after the
date on which the Federal official designated to administer
such appeals receives notice of such appeal.]
(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. 426. CASE MANAGEMENT SERVICES.
The President may provide case management services, including
financial assistance, to State or local government agencies or
[qualified private organizations] qualified relief or disaster
assistance organizations to provide such [services, to victims]
services to survivors of major disasters to identify and
address unmet needs.
SEC. [425.] 427. ESSENTIAL SERVICE PROVIDERS.
(a) * * *
* * * * * * *
TITLE V--EMERGENCY ASSISTANCE PROGRAMS
SEC. 502. FEDERAL EMERGENCY ASSISTANCE.
(a) Specified.--In any emergency, the President may--
(1) * * *
* * * * * * *
(7) assist State and local governments in the
distribution of medicine, food, and other consumable
supplies, and emergency assistance; [and]
(8) provide accelerated Federal assistance and
Federal support where necessary to save lives, prevent
human suffering, or mitigate severe damage, which may
be provided in the absence of a specific request and in
which case the President--
(A) * * *
(B) shall not, in notifying and coordinating
with a State under subparagraph (A), delay or
impede the rapid deployment, use, and
distribution of critical resources to victims
of an emergency[.]; and
(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.
* * * * * * *
TITLE VI--EMERGENCY PREPAREDNESS
* * * * * * *
SEC. 602. DEFINITIONS.
(a) Definitions.--For purposes of this title only:
(1) * * *
* * * * * * *
(4) Organizational equipment.--The term
``organizational equipment'' means equipment determined
by the [Director] Administrator to be necessary to an
emergency preparedness organization, as distinguished
from personal equipment, and of such a type or nature
as to require it to be financed in whole or in part by
the Federal Government. Such term does not include
those items which the local community normally uses in
combating local disasters, except when required in
unusual quantities dictated by the requirements of the
emergency preparedness plans.
* * * * * * *
[(7) Director.--The term `` Administrator'' means the
Administrator of the Federal Emergency Management
Agency.]
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
* * * * * * *
SEC. 603. ADMINISTRATION OF TITLE.
This title shall be carried out by the [Director]
Administrator of the Federal Emergency Management Agency.
Subtitle A--Powers and Duties
SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) In General.--In order to carry out the policy described
in section 601, the [Director] Administrator shall have the
authorities provided in this section.
(b) Federal Emergency Response Plans and Programs.--The
[Director] Administrator may prepare Federal response plans and
programs for the emergency preparedness of the United States
and sponsor and direct such plans and programs. To prepare such
plans and programs and coordinate such plans and programs with
State efforts, the [Director] Administrator may request such
reports on State plans and operations for emergency
preparedness as may be necessary to keep the President,
Congress, and the States advised of the status of emergency
preparedness in the United States.
(c) Delegation of Emergency Preparedness Responsibilities.--
With the approval of the President, the [Director]
Administrator may delegate to other departments and agencies of
the Federal Government appropriate emergency preparedness
responsibilities and review and coordinate the emergency
preparedness activities of the departments and agencies with
each other and with the activities of the States and
neighboring countries.
(d) Communications and Warnings.--The [Director]
Administrator may make appropriate provision for necessary
emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) Emergency Preparedness Measures.--The [Director]
Administrator may study and develop emergency preparedness
measures designed to afford adequate protection of life and
property, including--
(1) * * *
* * * * * * *
(f) Training Programs.--(1) The [Director] Administrator
may--
(A) * * *
(B) conduct or operate schools or including the
payment of travel expenses, in accordance with
subchapter I of chapter 57 of title 5, United States
Code, and the Standardized Government Travel
Regulations, and per diem allowances, in lieu of
subsistence for trainees in attendance or the
furnishing of subsistence and quarters for trainees and
instructors on terms prescribed by the [Director]
Administrator; and
* * * * * * *
(2) The terms prescribed by the [Director] Administrator for
the payment of travel expenses and per diem allowances
authorized by this subsection shall include a provision that
such payment shall not exceed one-half of the total cost of
such expenses.
(3) The [Director] Administrator may lease real property
required for the purpose of carrying out this subsection, but
may not acquire fee title to property unless specifically
authorized by law.
(g) Public Dissemination of Emergency Preparedness
Information.--The [Director] Administrator may publicly
disseminate appropriate emergency preparedness information by
all appropriate means.
(h) Emergency Preparedness Compacts.--(1) The [Director]
Administrator shall establish a program supporting the
development of emergency preparedness compacts for acts of
terrorism, disasters, and emergencies throughout the Nation,
by--
(A) * * *
* * * * * * *
(2) The [Director] Administrator may--
(A) * * *
* * * * * * *
(i) Materials and Facilities.--(1) The [Director]
Administrator may procure by condemnation or otherwise,
construct, lease, transport, store, maintain, renovate or
distribute materials and facilities for emergency preparedness,
with the right to take immediate possession thereof.
* * * * * * *
(3) The [Director] Administrator may lease real property
required for the purpose of carrying out the provisions of this
subsection, but shall not acquire fee title to property unless
specifically authorized by law.
(4) The [Director] Administrator may procure and maintain
under this subsection radiological, chemical, bacteriological,
and biological agent monitoring and decontamination devices and
distribute such devices by loan or grant to the States for
emergency preparedness purposes, under such terms and
conditions as the [Director] Administrator shall prescribe.
(j) Financial Contributions.--(1) The [Director]
Administrator may make financial contributions, on the basis of
programs or projects approved by the [Director] Administrator,
to the States for emergency preparedness purposes, including
the procurement, construction, leasing, or renovating of
materials and facilities. Such contributions shall be made on
such terms or conditions as the [Director] Administrator shall
prescribe, including the method of purchase, the quantity,
quality, or specifications of the materials or facilities, and
such other factors or care or treatment to assure the
uniformity, availability, and good condition of such materials
or facilities.
(2) The [Director] Administrator may make financial
contributions, on the basis of programs or projects approved by
the [Director] Administrator, to the States and local
authorities for animal emergency preparedness purposes,
including the procurement, construction, leasing, or renovating
of emergency shelter facilities and materials that will
accommodate people with pets and service animals.
* * * * * * *
(4) The amounts authorized to be contributed by the
[Director] Administrator to each State for organizational
equipment shall be equally matched by such State from any
source it determines is consistent with its laws.
(5) Financial contributions to the States for shelters and
other protective facilities shall be determined by taking the
amount of funds appropriated or available to the [Director]
Administrator for such facilities in each fiscal year and
apportioning such funds among the States in the ratio which the
urban population of the critical target areas (as determined by
the [Director] Administrator) in each State, at the time of the
determination, bears to the total urban population of the
critical target areas of all of the States.
(6) The amounts authorized to be contributed by the
[Director] Administrator to each State for such shelters and
protective facilities shall be equally matched by such State
from any source it determines is consistent with its laws and,
if not matched within a reasonable time, the [Director]
Administrator may reallocate such amounts to other States under
the formula described in paragraph (4). The value of any land
contributed by any State or political subdivision thereof shall
be excluded from the computation of the State share under this
subsection.
(7) The amounts paid to any State under this subsection shall
be expended solely in carrying out the purposes set forth
herein and in accordance with State emergency preparedness
programs or projects approved by the [Director] Administrator.
The [Director] Administrator shall make no contribution toward
the cost of any program or project for the procurement,
construction, or leasing of any facility which (A) is intended
for use, in whole or in part, for any purpose other than
emergency preparedness, and (B) is of such kind that upon
completion it will, in the judgment of the [Director]
Administrator, be capable of producing sufficient revenue to
provide reasonable assurance of the retirement or repayment of
such cost; except that (subject to the preceding provisions of
this subsection) the [Director] Administrator may make a
contribution to any State toward that portion of the cost of
the construction, reconstruction, or enlargement of any
facility which the [Director] Administrator determines to be
directly attributable to the incorporation in such facility of
any feature of construction or design not necessary for the
principal intended purpose thereof but which is, in the
judgment of the [Director] Administrator necessary for the use
of such facility for emergency preparedness purposes.
(8) The [Director] Administrator shall submit to Congress a
report, at least annually, regarding all contributions made
pursuant to this subsection.
(9) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed
with the assistance of any contribution of Federal funds made
by the [Director] Administrator under this subsection shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (commonly
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and
every such employee shall receive compensation at a rate not
less than one and \1/2\ times the basic rate of pay of the
employee for all hours worked in any workweek in excess of
eight hours in any workday or 40 hours in the workweek, as the
case may be. The [Director] Administrator shall make no
contribution of Federal funds without first obtaining adequate
assurance that these labor standards will be maintained upon
the construction work. The Secretary of Labor shall have, with
respect to the labor standards specified in this subsection,
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of
June 13, 1934 (40 U.S.C. 276(c)).
(k) Sale or Disposal of Certain Materials and Facilities.--
The [Director] Administrator may arrange for the sale or
disposal of materials and facilities found by the [Director]
Administrator to be unnecessary or unsuitable for emergency
preparedness purposes in the same manner as provided for excess
property under the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.). Any funds received as
proceeds from the sale or other disposition of such materials
and facilities shall be deposited into the Treasury as
miscellaneous receipts.
SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.
The [Director] Administrator shall give all practicable
assistance to States in arranging, through the Department of
State, mutual emergency preparedness aid between the States and
neighboring countries.
SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.
(a) General Authority.--To further assist in carrying out the
purposes of this title, the [Director] Administrator may make
financial contributions to the States (including interstate
emergency preparedness authorities established pursuant to
section 611(h)) for necessary and essential State and local
emergency preparedness personnel and administrative expenses,
on the basis of approved plans (which shall be consistent with
the Federal emergency response plans for emergency
preparedness) for the emergency preparedness of the States. The
financial contributions to the States under this section may
not exceed one-half of the total cost of such necessary and
essential State and local emergency preparedness personnel and
administrative expenses.
(b) Plan Requirements.--A plan submitted under this section
shall--
(1) * * *
* * * * * * *
(3) provide for the development of State and local
emergency preparedness operational plans, including a
catastrophic incident annex, pursuant to standards
approved by the [Director] Administrator;
* * * * * * *
(5) provide that the State shall make such reports in
such form and content as the [Director] Administrator
may require;
(6) make available to duly authorized representatives
of the [Director] Administrator and the Comptroller
General, books, records, and papers necessary to
conduct audits for the purposes of this section; and
* * * * * * *
(d) Terms and Conditions.--The [Director] Administrator shall
establish such other terms and conditions as the [Director]
Administrator considers necessary and proper to carry out this
section.
* * * * * * *
(f) Allocation of Funds.--For each fiscal year concerned, the
[Director] Administrator shall allocate to each State, in
accordance with regulations and the total sum appropriated
under this title, amounts to be made available to the States
for the purposes of this section. Regulations governing
allocations to the States under this subsection shall give due
regard to (1) the criticality of the areas which may be
affected by hazards with respect to the development of the
total emergency preparedness readiness of the United States,
(2) the relative state of development of emergency preparedness
readiness of the State, (3) population, and (4) such other
factors as the [Director] Administrator shall prescribe. The
[Director] Administrator may reallocate the excess of any
allocation not used by a State in a plan submitted under this
section. Amounts paid to any State or political subdivision
under this section shall be expended solely for the purposes
set forth in this section.
(g) Standards for State and Local Emergency Preparedness
Operational Plans.--In approving standards for State and local
emergency preparedness operational plans pursuant to subsection
(b)(3), the [Director] Administrator shall ensure that such
plans take into account the needs of individuals with household
pets and service animals prior to, during, and following a
major disaster or emergency.
(h) Submission of Plan.--If a State fails to submit a plan
for approval as required by this section within 60 days after
the [Director] Administrator notifies the States of the
allocations under this section, the [Director] Administrator
may reallocate such funds, or portions thereof, among the other
States in such amounts as, in the judgment of the [Director]
Administrator, will best assure the adequate development of the
emergency preparedness capability of the United States.
(h) Annual Reports.--The [Director] Administrator shall
report annually to the Congress all contributions made pursuant
to this section.
* * * * * * *
SEC. 616. DISASTER RELATED INFORMATION SERVICES.
(a) In General.--Consistent with section 308(a), the
[Director] Administrator of Federal Emergency Management Agency
shall--
(1) * * *
* * * * * * *
(b) Group Size.--For purposes of subsection (a), the
[Director] Administrator of Federal Emergency Management Agency
shall define the size of a population group.
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.
Subtitle B--General Provisions
SEC. 621. ADMINISTRATIVE AUTHORITY.
(a) In General.--For the purpose of carrying out the powers
and duties assigned to the [Director] Administrator under this
title, the [Director] Administrator may exercise the
administrative authorities provided under this section.
(b) Advisory Personnel.--(1) The [Director] Administrator may
employ not more than 100 part-time or temporary advisory
personnel (including not to exceed 25 subjects of the United
Kingdom or citizens of Canada) as the [Director] Administrator
considers to be necessary in carrying out the provisions of
this title.
(2) Persons holding other offices or positions under the
United States for which they receive compensation, while
serving as advisory personnel, shall receive no additional
compensation for such service. Other part-time or temporary
advisory personnel so employed may serve without compensation
or may receive compensation at a rate not to exceed $180 for
each day of service, plus authorized subsistence and travel, as
determined by the [Director] Administrator.
(c) Services of Other Agency Personnel and Volunteers.--The
[Director] Administrator may--
(1) * * *
* * * * * * *
(d) Gifts.--Notwithstanding any other provision of law, the
[Director] Administrator may accept gifts of supplies,
equipment, and facilities and may use or distribute such gifts
for emergency preparedness purposes in accordance with the
provisions of this title.
(e) Reimbursement.--The [Director] Administrator may
reimburse any Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its
materials and facilities under this title to the extent funds
are available.
(f) Printing.--The [Director] Administrator may purchase such
printing, binding, and blank-book work from public, commercial,
or private printing establishments or binderies as the
[Director] Administrator considers necessary upon orders placed
by the Public Printer or upon waivers issued in accordance with
section 504 of title 44, United States Code.
(g) Rules and Regulations.--The [Director] Administrator may
prescribe such rules and regulations as may be necessary and
proper to carry out any of the provisions of this title and
perform any of the powers and duties provided by this title.
The [Director] Administrator may perform any of the powers and
duties provided by this title through or with the aid of such
officials of the Federal Emergency Management Agency as the
[Director] Administrator may designate.
(h) Failure To Expend Contributions Correctly.--(1) When,
after reasonable notice and opportunity for hearing to the
State or other person involved, the [Director] Administrator
finds that there is a failure to expend funds in accordance
with the regulations, terms, and conditions established under
this title for approved emergency preparedness plans, programs,
or projects, the [Director] Administrator may notify such State
or person that further payments will not be made to the State
or person from appropriations under this title (or from funds
otherwise available for the purposes of this title for any
approved plan, program, or project with respect to which there
is such failure to comply) until the [Director] Administrator
is satisfied that there will no longer be any such failure.
(2) Until so satisfied, the [Director] Administrator shall
either withhold the payment of any financial contribution to
such State or person or limit payments to those programs or
projects with respect to which there is substantial compliance
with the regulations, terms, and conditions governing plans,
programs, or projects hereunder.
* * * * * * *
SEC. 622. SECURITY REGULATIONS.
(a) Establishment.--The [Director] Administrator shall
establish such security requirements and safeguards, including
restrictions with respect to access to information and property
as the [Director] Administrator considers necessary.
(b) Limitations on Employee Access to Information.--No
employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with
respect to which access restrictions have been established
under this section, until it shall have been determined that no
information is contained in the files of the Federal Bureau of
Investigation or any other investigative agency of the
Government indicating that such employee is of questionable
loyalty or reliability for security purposes, or if any such
information is so disclosed, until the Federal Bureau of
Investigation shall have conducted a full field investigation
concerning such person and a report thereon shall have been
evaluated in writing by the [Director] Administrator.
(c) National Security Positions.--No employee of the Federal
Emergency Management Agency shall occupy any position
determined by the [Director] Administrator to be of critical
importance from the standpoint of national security until a
full field investigation concerning such employee shall have
been conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the [Director] Administrator of the Federal
Emergency Management Agency. In the event such full field
investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant for
a position of critical importance is of questionable loyalty or
reliability for security purposes, or if the [Director]
Administrator of the Federal Emergency Management Agency for
any other reason considers it to be advisable, such
investigation shall be discontinued and a report thereon shall
be referred to the [Director] Administrator of the Federal
Emergency Management Agency for evaluation in writing.
Thereafter, the [Director] Administrator of the Federal
Emergency Management Agency may refer the matter to the Federal
Bureau of Investigation for the conduct of a full field
investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the
[Director] Administrator of the Federal Emergency Management
Agency for action.
(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency acting under the authority of this
title, except the subjects of the United Kingdom and citizens
of Canada specified in section 621(b), shall execute the
loyalty oath or appointment affidavits prescribed by the
[Director] Administrator of the Office of Personnel Management.
Each person other than a Federal employee who is appointed to
serve in a State or local organization for emergency
preparedness shall before entering upon duties, take an oath in
writing before a person authorized to administer oaths, which
oath shall be substantially as follows: I, ----------, do
solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
And I do further swear (or affirm) that I do not advocate, nor
am I a member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the
Government of the United States by force or violence; and that
during such time as I am a member of ---------- (name of
emergency preparedness organization), I will not advocate nor
become a member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the
Government of the United States by force or violence.'' After
appointment and qualification for office, the director of
emergency preparedness of any State, and any subordinate
emergency preparedness officer within such State designated by
the director in writing, shall be qualified to administer any
such oath within such State under such regulations as the
director shall prescribe. Any person who shall be found guilty
of having falsely taken such oath shall be punished as provided
in section 1621 of title 18, United States Code.
SEC. 623. USE OF EXISTING FACILITIES.
In performing duties under this title, the [Director]
Administrator--
(1) * * *
* * * * * * *
(3) shall refrain from engaging in any form of
activity which would duplicate or parallel activity of
any other Federal department or agency unless the
[Director] Administrator, with the written approval of
the President, shall determine that such duplication is
necessary to accomplish the purposes of this title.
SEC. 624. ANNUAL REPORT TO CONGRESS.
The [Director] Administrator shall annually submit a written
report to the President and Congress covering expenditures,
contributions, work, and accomplishments of the Federal
Emergency Management Agency pursuant to this title, accompanied
by such recommendations as the [Director] Administrator
considers appropriate.
* * * * * * *
SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM.
(a) In General.--The [Director] Administrator shall establish
a minority emergency preparedness demonstration program to
research and promote the capacity of minority communities to
provide data, information, and awareness education by providing
grants to or executing contracts or cooperative agreements with
eligible nonprofit organizations to establish and conduct such
programs.
* * * * * * *
(e) Application and Review Procedure.--To be eligible to
receive a grant, contract, or cooperative agreement under this
section, an organization must submit an application to the
[Director] Administrator at such time, in such manner, and
accompanied by such information as the [Director] Administrator
may reasonably require. The [Director] Administrator shall
establish a procedure by which to accept such applications.
* * * * * * *
TITLE VII--MISCELLANEOUS
AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS
Sec. 701. (a) * * *
(b) In furtherance of the purposes of this Act, the President
or his delegate may accept and use, through any means including
grants, bequests, gifts, or donations of service, money, or
property, real, personal, or mixed, tangible, or intangible.
All sums received under this subsection shall be deposited in a
separate fund on the books of the Treasury and shall be
available for expenditure upon the certification of the
President or his delegate. At the request of the President or
his delegate, the Secretary of the Treasury may invest and
reinvest excess monies in the fund. Such investments shall be
in public debt securities with maturities suitable for the
needs of the fund and shall bear interest at rates determined
by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations of
the United States of comparable maturities. The interest on
such investments shall be credited to, and form a part of, the
fund.
* * * * * * *
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TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
SUBCHAPTER I--GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) * * *
* * * * * * *
(D) an individual employed by the government
of the District of Columbia; [and]
* * * * * * *
(F) an individual selected pursuant to
chapter 121 of title 28, United States Code,
and serving as a petit or grand juror; and
(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;
* * * * * * *
----------
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 4303. Definitions
For the purposes of this chapter--
(1) * * *
* * * * * * *
(13) The term ``service in the uniformed services''
means the performance of duty on a voluntary or
involuntary basis in a uniformed service under
competent authority and includes active duty, active
duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty,
a period for which a person is absent from a position
of employment for the purpose of an examination to
determine the fitness of the person to perform any such
duty, 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, and a period for which a person is
absent from employment for the purpose of performing
funeral honors duty as authorized by section 12503 of
title 10 or section 115 of title 32.
* * * * * * *
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, 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, and any other category of persons
designated by the President in time of war or national
emergency.
* * * * * * *
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POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 2--ADDITIONAL PREPAREDNESS
[SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
[(a) In General.--The Administrator may make grants to
administer the Emergency Management Assistance Compact
consented to by 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) Uses.--A grant 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 season;
[(2) to administer compact operations on behalf of
all member States and territories;
[(3) to continue coordination with the Agency and
appropriate Federal agencies;
[(4) to continue coordination with State, local, and
tribal government entities and their respective
national organizations; and
[(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing emergency response
providers and the typing of emergency response
resources.
[(c) 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.
[(d) Authorization.--There is authorized to be appropriated
to carry out this section $4,000,000 for fiscal year 2008. Such
sums shall remain available until expended.]
* * * * * * *