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[From the U.S. Government Publishing Office]
112th Congress Rept. 112-674
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
FEMA REAUTHORIZATION ACT OF 2012
_______
September 14, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2903]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2903) to reauthorize the programs
and activities of the Federal Emergency Management Agency,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 15
Background and Need for Legislation.............................. 15
Hearings......................................................... 19
Legislative History and Consideration............................ 21
Committee Votes.................................................. 21
Committee Oversight Findings..................................... 21
New Budget Authority and Tax Expenditures........................ 22
Congressional Budget Office Cost Estimate........................ 22
Performance Goals and Objectives................................. 26
Advisory of Earmarks............................................. 26
Federal Mandate Statement........................................ 26
Preemption Clarification......................................... 26
Advisory Committee Statement..................................... 27
Applicability to the Legislative Branch.......................... 27
Section-by-Section Analysis of the Legislation................... 27
Changes in Existing Law made by the Bill, as Reported............ 32
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FEMA Reauthorization
Act of 2012''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC
ALERT AND WARNING SYSTEM
Sec. 101. Reauthorization of Federal Emergency Management Agency.
Sec. 102. Integrated Public Alert and Warning System Modernization.
TITLE II--STAFFORD ACT AND OTHER PROGRAMS
Sec. 201. Reauthorization of urban search and rescue response system.
Sec. 202. Reauthorization of emergency management assistance compact
grants.
Sec. 203. Disposal of excess property to assist other disaster
survivors.
Sec. 204. Storage, sale, transfer, and disposal of housing units.
Sec. 205. Other methods of disposal.
Sec. 206. Establishment of criteria relating to administration of
hazard mitigation assistance by States.
Sec. 207. Review of regulations and policies.
Sec. 208. Appeals process.
Sec. 209. Implementation of cost estimating.
Sec. 210. Tribal requests for a major disaster or emergency declaration
under the Stafford Act.
Sec. 211. Individual assistance factors.
Sec. 212. Public assistance pilot program.
Sec. 213. Public assistance debris removal procedures.
Sec. 214. Use of funds.
Sec. 215. Reduction of authorization for emergency management
performance grants.
Sec. 216. Technical correction.
Sec. 217. National Dam Safety Program Act reauthorization.
TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC
ALERT AND WARNING SYSTEM
SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 811) is amended to read as follows:
``SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title and
the amendments made by this title for the salaries and expenses of the
Agency--
``(1) for fiscal year 2012, $1,031,378,000, including amounts
transferred from grant programs;
``(2) for fiscal year 2013, $1,031,378,000, including amounts
transferred from grant programs; and
``(3) for fiscal year 2014, $1,031,378,000, including amounts
transferred from grant programs.''.
SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) Short Title.--This section may be cited as the ``Integrated
Public Alert and Warning System Modernization Act of 2012''.
(b) Integrated Public Alert and Warning System Modernization.--
(1) In general.--To provide timely and effective disaster
warnings under this section, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall--
(A) modernize the integrated public alert and warning
system of the United States (in this section referred
to as the ``public alert and warning system'') to
ensure that the President under all conditions is able
to alert and warn governmental authorities and the
civilian population in areas endangered by disasters;
and
(B) implement the public alert and warning system.
(2) Implementation requirements.--In carrying out paragraph
(1), the Administrator shall, consistent with the
recommendations in the final report of the Integrated Public
Alert and Warning System Advisory Committee (established under
subsection (c))--
(A) establish or adopt, as appropriate, common
alerting and warning protocols, standards, terminology,
and operating procedures for the public alert and
warning system;
(B) include in the public alert and warning system
the capability to adapt the distribution and content of
communications on the basis of geographic location,
risks, or personal user preferences, as appropriate;
(C) include in the public alert and warning system
the capability to alert and warn individuals with
disabilities and individuals with limited English
proficiency;
(D) ensure that training, tests, and exercises are
conducted for the public alert and warning system;
(E) establish and integrate into the National
Incident Management System a comprehensive and periodic
training program to instruct and educate Federal,
State, Tribal, and local government officials in the
use of the Common Alerting Protocol enabled Emergency
Alert System; and
(F) consider conducting, at least once every 3 years,
periodic nationwide tests of the public alert and
warning system.
(3) System requirements.--The public alert and warning system
shall--
(A) incorporate multiple communications technologies;
(B) be designed to adapt to, and incorporate, future
technologies for communicating directly with the
public;
(C) be designed to provide alerts to the largest
portion of the affected population feasible, including
nonresident visitors and tourists, and improve the
ability of remote areas to receive alerts;
(D) promote local and regional public and private
partnerships to enhance community preparedness and
response; and
(E) provide redundant alert mechanisms if practicable
so as to reach the greatest number of people regardless
of whether they have access to, or utilize, any
specific medium of communication or any particular
device.
(4) Implementation plan.--Not later than 180 days after the
date of submission of the report of the Integrated Public Alert
and Warning System Advisory Committee, the Administrator shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a detailed plan
to implement the public alert and warning system. The plan
shall include a timeline for implementation, a spending plan,
and recommendations for any additional authority that may be
necessary to fully implement this subsection.
(5) Maximum funds.--The Administrator may use not more than
$13,287,000 of the amount made available pursuant to section
699 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 811) for each of fiscal years 2012, 2013, and 2014 to
carry out the provisions of this section.
(c) Integrated Public Alert and Warning System Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall establish an advisory
committee to be known as the Integrated Public Alert and
Warning System Advisory Committee (in this subsection referred
to as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed of
the following members, to be appointed by the Administrator as
soon as practicable after the date of enactment of this Act:
(A) The Chairman of the Federal Communications
Commission.
(B) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce.
(C) The Assistant Secretary for Communications and
Information of the Department of Commerce.
(D) Representatives of State and local governments,
representatives of emergency management agencies, and
representatives of emergency response providers,
selected from among individuals nominated by national
organizations representing governments and personnel.
(E) Representatives from federally recognized Indian
tribes and national Indian organizations.
(F) Individuals who have the requisite technical
knowledge and expertise to serve on the Advisory
Committee, including representatives of--
(i) communications service providers;
(ii) vendors, developers, and manufacturers
of systems, facilities, equipment, and
capabilities for the provision of
communications services;
(iii) third-party service bureaus;
(iv) the broadcasting industry;
(v) the national organization representing
the licensees and permittees of noncommercial
broadcast television stations;
(vi) the cellular industry;
(vii) the cable industry;
(viii) the satellite industry; and
(ix) national organizations representing
individuals with special needs, including
individuals with disabilities and the elderly.
(G) Qualified representatives of such other
stakeholders and interested and affected parties as the
Administrator considers appropriate.
(3) Chairperson.--The Administrator shall serve as the
Chairperson of the Advisory Committee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 60
days after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the
Chairperson.
(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
(5) Rules.--
(A) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting
business of the Advisory Committee.
(B) Subcommittees.--To assist the Advisory Committee
in carrying out its functions, the Chairperson may
establish appropriate subcommittees composed of members
of the Advisory Committee and other subject matter
experts as the Chairperson considers necessary.
(C) Additional rules.--The Advisory Committee may
adopt such other rules as are necessary to carry out
its duties.
(6) Recommendations.--The Advisory Committee shall develop
recommendations for an integrated public alert and warning
system, including--
(A) recommendations for common alerting and warning
protocols, standards, terminology, and operating
procedures for the public alert and warning system; and
(B) recommendations to provide for a public alert and
warning system that--
(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks, or
personal user preferences, as appropriate;
(ii) has the capability to alert and warn
individuals with disabilities and individuals
with limited English proficiency;
(iii) incorporates multiple communications
technologies;
(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(v) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
(vi) promotes local and regional public and
private partnerships to enhance community
preparedness and response; and
(vii) provides redundant alert mechanisms if
practicable in order to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
(7) Initial and annual report.--Not later than 1 year after
the date of enactment of this Act, the Advisory Committee shall
submit to the Administrator, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report containing the recommendations of the Advisory
Committee.
(8) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
(9) Termination.--The Advisory Committee shall terminate not
later than 3 years after the date of enactment of this Act.
(d) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect the authority of the Department of
Commerce or the Federal Communications Commission.
TITLE II--STAFFORD ACT AND OTHER PROGRAMS
SEC. 201. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--Title III of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by
adding at the end the following:
``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) Definitions.--In this section, the following definitions apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Agency.--The term `Agency' means the Federal Emergency
Management Agency.
``(3) Hazard.--The term `hazard' has the meaning given that
term by section 602.
``(4) 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 and who serves on a task force or on a System
management or other technical team.
``(9) Task force.--The term `task force' means an urban
search and rescue team designated by the Administrator to
participate in the System.
``(b) General Authority.--Subject to the requirements of this
section, the Administrator shall continue to administer the emergency
response system known as the National Urban Search and Rescue Response
System.
``(c) Functions.--In administering the System, the Administrator
shall provide for a national network of standardized search and rescue
resources to assist States and local governments in responding to
hazards.
``(d) Task Forces.--
``(1) Designation.--The Administrator shall designate task
forces to participate in the System. The Administrator shall
determine the criteria for such participation.
``(2) Sponsoring agencies.--Each task force shall have a
sponsoring agency. The Administrator shall enter into an
agreement with the sponsoring agency with respect to the
participation of each task force in the System.
``(3) Composition.--
``(A) Participating agencies.--A task force may
include, at the discretion of the sponsoring agency, 1
or more participating agencies. The sponsoring agency
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,
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 considered an
employee of the United States for purposes other than those
specifically set forth in this section.
``(g) Compensation.--
``(1) Pay of system members.--Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency of a
task force--
``(A) to reimburse each employer of a System member
on the task force for compensation paid by the employer
to the System member for any period during which the
System member is appointed into Federal service under
subsection (f)(1); and
``(B) to make payments directly to a 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 1 year after the date of the personal
injury, illness, disability, or death that is the
reason for the benefits or until such later date as the
Secretary of Labor may allow for reasonable cause
shown.
``(C) Effect of election.--An election of benefits
made under this paragraph is irrevocable unless
otherwise provided by law.
``(3) Reimbursement for state or local benefits.--Subject to
such terms and conditions as the Administrator may impose by
regulation, in the event that a System member or dependent
elects benefits from a State or local government under
paragraph (2)(A), the Administrator shall reimburse the State
or local government for the value of those benefits.
``(i) Liability.--A System member appointed into Federal service
under subsection (f)(1), while acting within the scope of the
appointment, is deemed an employee of the Government under section
1346(b) of title 28, United States Code, and chapter 171 of that title,
relating to tort claims procedure.
``(j) Employment and Reemployment Rights.--With respect to a System
member who is not a regular full-time employee of a sponsoring agency
or participating agency, the following terms and conditions apply:
``(1) Service as a System member is deemed `service in the
uniformed services' for purposes of chapter 43 of title 38,
United States Code, relating to employment and reemployment
rights of individuals who have performed service in the
uniformed services (regardless of whether the individual
receives 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 is deemed preclusion by
`military necessity' for purposes of section 4312(b) of title
38, United States Code, pertaining to giving notice of absence
from a position of employment. A determination of such
necessity shall be made by the Administrator and shall not be
subject to judicial review.
``(k) Licenses and Permits.--If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, the System member is deemed to be performing a Federal
activity when rendering aid involving such skill or assistance during a
period of appointment into Federal service under subsection (f)(1).
``(l) Advisory Committee.--
``(1) In general.--The Administrator shall establish and
maintain an advisory committee to provide expert
recommendations to the Administrator in order to assist the
Administrator in administering the System.
``(2) Composition.--The advisory committee shall be composed
of members from geographically diverse areas, and shall
include--
``(A) the chief officer or senior executive from at
least 3 sponsoring agencies;
``(B) the senior emergency manager from at least 2
States that include sponsoring agencies; and
``(C) at least 1 representative recommended by the
leaders of the task forces.
``(3) Inapplicability of termination requirement.--Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the advisory committee under this
subsection.
``(m) Preparedness Cooperative Agreements.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Administrator shall enter
into an annual preparedness cooperative agreement with each
sponsoring agency. Amounts made available to a sponsoring
agency under such a preparedness cooperative agreement shall be
for the following purposes:
``(A) Training and exercises, including training and
exercises with other Federal, State, and local
government response entities.
``(B) Acquisition and maintenance of equipment,
including interoperable communications and personal
protective equipment.
``(C) Medical monitoring required for responder
safety and health in anticipation of and following a
major disaster, emergency, or other hazard, as
determined by the Administrator.
``(2) Availability of appropriations.--Notwithstanding
section 1552(b) of title 31, United States Code, amounts made
available for cooperative agreements under this subsection that
are not expended shall be deposited in an Agency account and
shall remain available for such agreements without fiscal year
limitation.
``(n) Response Cooperative Agreements.--The Administrator shall enter
into a response cooperative agreement with each sponsoring agency, as
appropriate, under which the Administrator agrees to reimburse the
sponsoring agency for costs incurred by the sponsoring agency in
responding to a major disaster or emergency.
``(o) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
``(p) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the System and the provisions of this section
$35,250,000 for each of fiscal years 2012, 2013, and 2014.
``(2) Administrative expenses.--The Administrator may use not
to exceed 6 percent of the funds appropriated for a fiscal year
pursuant to paragraph (1) for salaries, expenses, and other
administrative costs incurred by the Administrator in carrying
out this section.''.
(b) Conforming Amendments.--
(1) Applicability of title 5, united states code.--Section
8101(1) of title 5, United States Code, is amended--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) by moving subparagraph (F) to appear after
subparagraph (E);
(C) in subparagraph (F)--
(i) by striking ``United States Code,''; and
(ii) by adding ``and'' at the end; and
(D) by inserting after subparagraph (F) the
following:
``(G) an individual who is a System member of the
National Urban Search and Rescue Response System during
a period of appointment into Federal service pursuant
to section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is
amended--
(A) in paragraph (13) by inserting ``, a period for
which a System member of the National Urban Search and
Rescue Response System is absent from a position of
employment due to an appointment into Federal service
under section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act'' before ``, and a
period''; and
(B) in paragraph (16) by inserting after ``Public
Health Service,'' the following: ``System members of
the National Urban Search and Rescue Response System
during a period of appointment into Federal service
under section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,''.
SEC. 202. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT
GRANTS.
(a) In General.--Subtitle A of title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.)
is amended by adding at the end the following:
``SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
``(a) In General.--The Administrator of the Federal Emergency
Management Agency may make grants to provide for implementation of the
Emergency Management Assistance Compact consented to by Congress in the
joint resolution entitled `Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact' (Public Law
104-321; 110 Stat. 3877).
``(b) Eligible Grant Recipients.--States and the Administrator of the
Emergency Management Assistance Compact shall be eligible to receive
grants under subsection (a).
``(c) Use of Funds.--A grant received under this section shall be
used--
``(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action reports
for the 2004 and 2005 hurricane seasons;
``(2) to administer compact operations on behalf of States,
as such term is defined in the compact, that have enacted the
compact;
``(3) to continue coordination with the Federal Emergency
Management Agency and appropriate Federal agencies;
``(4) to continue coordination with States and local
governments and their respective national organizations; and
``(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing the providers and the typing of
emergency response resources.
``(d) Coordination.--The Administrator of the Federal Emergency
Management Agency shall consult with the Administrator of the Emergency
Management Assistance Compact to ensure effective coordination of
efforts in responding to requests for assistance.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2012, 2013, and 2014. 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. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER
SURVIVORS.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act as amended by this Act is further amended by adding at
the end the following:
``SEC. 328. 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 are in excess
of the amount needed for those efforts, the President may transfer the
excess materials, supplies, or equipment directly to a State, local
government, or relief or disaster assistance 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 the Governor of the affected State certifies
that--
``(A) there is an urgent need for the materials,
supplies, or equipment; and
``(B) the State is unable to provide the materials,
supplies, or equipment in a timely manner.
``(b) Hazard Defined.--In this section, the term `hazard' has the
meaning given that term by section 602.''.
SEC. 204. 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) 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 90
days after the date of enactment of this Act, the Administrator shall
complete an assessment to determine the number of temporary housing
units that FEMA needs to maintain in stock to respond appropriately to
emergencies or major disasters occurring after the date of enactment of
this Act.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a plan
and guidelines for--
(A) storing the number of temporary housing units
that FEMA needs to maintain in stock, as determined by
the Administrator under subsection (b); and
(B) selling, transferring, donating, or otherwise
disposing of the temporary housing units in the
inventory of FEMA that are in excess of the number of
temporary housing units that FEMA needs to maintain in
stock, as determined by the Administrator under
subsection (b).
(2) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act and annually thereafter,
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 and guidelines 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.
(3) 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 are needed to respond
appropriately to emergencies or major disasters.
(d) Transfer of Temporary Housing Units to States.--
(1) In general.--Notwithstanding section 408(d)(2) of the
Stafford Act (42 U.S.C. 5174(d)(2)), and subject to the
requirements of paragraph (2), the Administrator may transfer
or donate to States, on a priority basis, pursuant to
subsection (c)(1)(B), excess temporary housing units in the
inventory of FEMA.
(2) State requests.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, a State may submit to
the Administrator a request to 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;
(iii) in the event of a major disaster or
emergency declared for the State by the
President under the Stafford Act, to make the
units available to the President or to use the
units to provide housing directly to survivors
of the major disaster or emergency in the
State;
(iv) to comply with the nondiscrimination
provisions of section 308 of the Stafford Act
(42 U.S.C. 5151); and
(v) to obtain and maintain hazard and flood
insurance on the units.
(C) Incidents.--The incidents referred to in
subparagraph (B)(i) may include incidents that do not
result in a declaration of a major disaster or
emergency by the President under the Stafford Act.
(3) Distribution.--
(A) Establishment of process.--The Administrator
shall establish a process--
(i) to review requests submitted by States
under paragraph (2); and
(ii) to distribute excess temporary housing
units that are in the inventory of FEMA.
(B) Allocation.--If the number of 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 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. 205. OTHER METHODS OF DISPOSAL.
Section 408(d)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)) is amended--
(1) in clause (i) by striking ``or'';
(2) in clause (ii) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) may be sold, transferred, or donated
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, transfer, or
donation, 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 for the housing
units.''.
SEC. 206. 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. 207. REVIEW OF REGULATIONS AND POLICIES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the President, acting through the Administrator of the
Federal Emergency Management Agency, shall review regulations and
policies relating to 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 1 year after the date of enactment of
this Act, the President shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report describing changes made to regulations as a result of
the review required under subsection (a), together with any legislative
recommendations relating thereto.
(c) State Hazard Mitigation Plans.--The President, acting through the
Administrator, shall revise regulations related to the submission of
State Hazard Mitigation Plans to extend the hazard mitigation planning
cycle to every 5 years, consistent with local planning cycles.
SEC. 208. APPEALS PROCESS.
Section 423(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended to read as
follows:
``(b) Period for Decision.--
``(1) In general.--A decision regarding an 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, acting through the
Administrator of the Federal Emergency Management Agency, 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. 209. IMPLEMENTATION OF COST ESTIMATING.
Not later than 180 days after the date of enactment of this Act, the
President, acting through the Administrator of the Federal Emergency
Management Agency, shall issue and begin to implement the regulations
required by section 406(e)(3)(C) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to
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. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION
UNDER THE STAFFORD ACT.
(a) Major Disaster Requests.--Section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is
amended--
(1) by striking ``All requests for a declaration'' and
inserting ``(a) In General.--All requests for a declaration'';
and
(2) by adding at the end the following:
``(b) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that a major disaster exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or
section 319 to a State or the Governor of a State is deemed to
refer to an affected Indian tribal government or the Chief
Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
``(c) Cost Share Adjustments for Indian Tribal Governments.--
``(1) In general.--In providing assistance to an Indian
tribal government under this title, the President may waive or
adjust any payment of a non-Federal contribution with respect
to the assistance if--
``(A) the President has the authority to waive or
adjust the payment under another provision of this
title; and
``(B) the President determines that the waiver or
adjustment is necessary and appropriate.
``(2) Criteria for making determinations.--The President
shall establish criteria for making determinations under
paragraph (1)(B).''.
(b) Emergency Requests.--Section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is
amended by adding at the end the following:
``(c) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that an emergency exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this title in response to a request of the
Chief Executive of an affected Indian tribal government for an
emergency declaration, any reference in this title or section
319 to a State or the Governor of a State shall be deemed to
refer to an affected Indian tribal government or the Chief
Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.''.
(c) Definitions.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (7)(B) by striking ``; and'' and inserting
``, that is not an Indian tribal government as defined in
paragraph (6); and'';
(2) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
``(6) Indian tribal government.--The term `Indian tribal
government' means the governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as an
Indian tribe under the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a et seq.).''; and
(4) by adding at the end the following:
``(12) Chief executive.--The term `Chief Executive' means the
person who is recognized by the Secretary of the Interior as
the chief elected administrative officer of an Indian tribal
government.''.
(d) References.--Title I of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by
adding after section 102 the following:
``SEC. 103. REFERENCES.
``Except as otherwise specifically provided, any reference in this
Act to `State and local', `State or local', or `State, local' with
respect to governments or officials and any reference to a `local
government' in section 417 is deemed to refer also to Indian tribal
governments and officials, as appropriate.''.
(e) Regulations.--
(1) Issuance.--The President shall issue regulations to carry
out the amendments made by this section.
(2) Factors.--In issuing the regulations, the President shall
consider the unique conditions that affect the general welfare
of Indian tribal governments.
SEC. 211. 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 1
year after the date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency, in cooperation with
representatives of State, tribal, 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. 212. PUBLIC ASSISTANCE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator of the Federal Emergency Management Agency, and
in coordination with States, tribal and local governments, and
owners or operators of private non-profit facilities, shall
establish and conduct a pilot program to--
(A) reduce the costs to the Government of providing
assistance to States, tribal and local governments, and
owners or operators of private non-profit facilities
under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172)
(referred to in this section as the ``Act'');
(B) increase flexibility in the administration of
section 406 of such Act; and
(C) expedite the provision of assistance to States,
tribal, and local governments provided under section
406 of the Act.
(2) Participation.--Only States, tribal and local
governments, and owners or operators of private non-profit
facilities that elect to participate in the pilot program may
participate in the pilot program for their projects.
(3) Administration.--
(A) In general.--For the purposes of the pilot
program, the Administrator shall establish new
procedures to administer assistance provided under
section 406 of the Act.
(B) New procedures.--The new procedures established
under subparagraph (A) shall include--
(i) making grants on the basis of estimates
agreed to by the State, tribal, or local
government, or owner or operator of a private
non-profit facility and the Administrator to
provide financial incentives and disincentives
for the State, tribal, or local government, or
owner or operator of a private non-profit
facility for the timely and cost-effective
completion of projects under section 406 of the
Act;
(ii) notwithstanding sections 406(c)(1)(A)
and 406(c)(2)(A) of the Act, providing an
option for a State, tribal, or local
government, or owner or operator of a private
non-profit facility to elect to receive an in-
lieu contribution, without reduction, on the
basis of estimates of the cost of repair,
restoration, reconstruction, or replacement of
a public facility owned or controlled by the
State, tribal, or local government and of
management expenses;
(iii) consolidating, to the extent determined
appropriate by the Administrator, the
facilities of a State, tribal, or local
government, or owner or operator of a private
nonprofit facility as a single project based
upon the estimates established under the pilot
procedures; and
(iv) notwithstanding any other provision of
law, if the actual costs of a project completed
under the pilot procedures are less than the
estimated costs thereof, the Administrator may
permit a grantee or sub grantee to use all or
part of the excess funds for cost-effective
activities that reduce the risk of future
damage, hardship, or suffering from a major
disaster.
(4) Waiver.--The Administrator may waive such regulations or
rules applicable to the provisions of assistance in section 406
of the Act as the Administrator determines are necessary to
carry out the pilot program under this section.
(b) Report.--
(1) In general.--Not later than October 31, 2015, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report regarding the effectiveness of the pilot
program under this section.
(2) Contents.--The report submitted under paragraph (1) shall
include--
(A) an assessment by the Administrator of any
administrative or financial benefits of the pilot
program;
(B) an assessment by the Administrator of the effect,
including any savings in time and cost, of the pilot
program;
(C) any other findings and conclusions of the
Administrator with respect to the pilot program; and
(D) any recommendations of the Administrator for
additional authority to continue or make permanent the
pilot program.
(c) Deadline for Initiation of Implementation.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
begin implementation of the pilot program under this section.
(d) Pilot Program Duration.--The Administrator may not approve a
project under the pilot program under this section after December 31,
2014.
SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL PROCEDURES.
(a) In General.--The President, acting through the Administrator of
the Federal Emergency Management Agency, shall establish new procedures
to administer assistance for debris and wreckage removal provided under
sections 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)(A),
5173, and 5192(a)(5)).
(b) New Procedures.--The new procedures established under subsection
(a) may include--
(1) making grants on the basis of fixed estimates to provide
financial incentives and disincentives for the timely or cost
effective completion of projects under sections 403(a)(3)(A),
407, and 502(a)(5) of such Act if the State, tribal, or local
government, or owner or operator of the private non-profit
facility agrees to be responsible to pay for any actual costs
that exceed the estimate;
(2) using a sliding scale for the Federal share for removal
of debris and wreckage based on the time it takes to complete
debris and wreckage removal;
(3) allowing utilization of program income from recycled
debris without offset to grant amount;
(4) reimbursing base and overtime wages for employees and
extra hires of a State, tribal, or local government, or owner
or operator of a private non-profit facility performing or
administering debris and wreckage removal; and
(5) notwithstanding any other provision of law, if the actual
costs of projects under subsection (b)(1) are less than the
estimated costs thereof, the Administrator may permit a grantee
or sub grantee to use all or part of the excess funds for any
of the following purposes:
(A) Debris management planning.
(B) Acquisition of debris management equipment for
current or future use.
(C) Other activities to improve future debris removal
operations, as determined by the Administrator.
SEC. 214. USE OF FUNDS.
Unless otherwise specified in this Act, the Administrator of the
Federal Emergency Management Agency shall use amounts authorized
pursuant to section 699 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 811) for reviews, reports, and studies included
in this Act.
SEC. 215. REDUCTION OF AUTHORIZATION FOR EMERGENCY MANAGEMENT
PERFORMANCE GRANTS.
Section 662(f)(5) of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 762) is amended by striking ``$950,000,000'' and
inserting ``$946,600,000''.
SEC. 216. TECHNICAL CORRECTION.
Section 202(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5132(c)) is amended by striking
``section 611(c)'' and inserting ``section 611(d)''.
SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT REAUTHORIZATION.
(a) Short Title.--This section may be cited as the ``Dam Safety Act
of 2012''.
(b) Purpose.--The purpose of this section is to reduce the risks to
life and property from dam failure in the United States through the
reauthorization of an effective national dam safety program that brings
together the expertise and resources of Federal and non-Federal
communities in achieving national dam safety hazard reduction.
(c) Amendments to the National Dam Safety Program Act.--
(1) Administrator.--
(A) In general.--The National Dam Safety Program Act
(33 U.S.C. 467 et seq.) is amended by striking
``Director'' each place it appears and inserting
``Administrator''.
(B) Conforming amendment.--Section 2(3) of such Act
(33 U.S.C. 467(3)) is amended in the paragraph heading
by striking ``Director'' and inserting
``Administrator''.
(2) Inspection of dams.--Section 3(b)(1) of such Act (33
U.S.C. 467a(b)(1)) is amended by striking ``or maintenance''
and inserting ``maintenance, condition, or provision for
emergency operations''.
(3) National dam safety program.--
(A) Objectives.--Section 8(c)(4) of such Act (33
U.S.C. 467f(c)(4)) is amended to read as follows:
``(4) develop and implement a comprehensive dam safety hazard
education and public awareness program to assist the public in
mitigating against, preparing for, responding to, and
recovering from dam incidents;''.
(B) Board.--Section 8(f)(4) of such Act (33 U.S.C.
467f(f)(4)) is amended by inserting ``, representatives
from nongovernmental organizations,'' after ``State
agencies''.
(4) Authorization of appropriations.--
(A) National dam safety program.--
(i) Annual amounts.--Section 13(a)(1) of such
Act (33 U.S.C. 467j(a)(1)) is amended by
striking ``$6,500,000 for fiscal year 2007,
$7,100,000 for fiscal year 2008, $7,600,000 for
fiscal year 2009, $8,300,000 for fiscal year
2010, and $9,200,000 for fiscal year 2011'' and
inserting ``$8,024,000 for each of fiscal years
2012 through 2015''.
(ii) Maximum amount of allocation.--
(I) In general.--Section 13(a)(2)(B)
of such Act (33 U.S.C. 467j(a)(2)(B))
is amended by striking ``50 percent of
the reasonable cost of implementing the
State dam safety program'' and
inserting ``the amount of funds
committed by the State to implement dam
safety program activities''.
(II) Applicability.--The amendment
made by subclause (I) shall apply to
fiscal year 2013 and each fiscal year
thereafter.
(B) National dam inventory.--Section 13(b) of such
Act (33 U.S.C. 467j(b)) is amended by striking
``$650,000 for fiscal year 2007, $700,000 for fiscal
year 2008, $750,000 for fiscal year 2009, $800,000 for
fiscal year 2010, and $850,000 for fiscal year 2011''
and inserting ``$383,000 for each of fiscal years 2012
through 2015''.
(C) Research.--Section 13(c) of such Act (33 U.S.C.
467j(c)) is amended by striking ``$1,600,000 for fiscal
year 2007, $1,700,000 for fiscal year 2008, $1,800,000
for fiscal year 2009, $1,900,000 for fiscal year 2010,
and $2,000,000 for fiscal year 2011'' and inserting
``$1,000,000 for each of fiscal years 2012 through
2015''.
(D) Dam safety training.--Section 13(d) of such Act
(33 U.S.C. 467j(d)) is amended by striking ``$550,000
for fiscal year 2007, $600,000 for fiscal year 2008,
$650,000 for fiscal year 2009, $700,000 for fiscal year
2010, and $750,000 for fiscal year 2011'' and inserting
``$750,000 for each of fiscal years 2012 through
2015''.
(E) Staff.--Section 13(e) of such Act (33 U.S.C.
467j(e)) is amended by striking ``$700,000 for fiscal
year 2007, $800,000 for fiscal year 2008, $900,000 for
fiscal year 2009, $1,000,000 for fiscal year 2010, and
$1,100,000 for fiscal year 2011'' and inserting
``$436,000 for each of fiscal years 2012 through
2015''.
Purpose of Legislation
The purpose of H.R. 2903 is to reauthorize activities and
programs of the Federal Emergency Management Agency (FEMA) and
reform and streamline certain activities and programs of FEMA.
Background and Need for Legislation
H.R. 2903 was introduced by Subcommittee on Economic
Development, Public Buildings, and Emergency Management
Chairman Jeff Denham on September 13, 2011 to reauthorize FEMA,
the Urban Search and Rescue (USAR) system and the Emergency
Management Assistance Compact Grants (EMAC) at current year
levels. Amendments were adopted in committee that included the
reauthorization of the National Dam Safety Program and various
reforms intended to reduce costs and streamline FEMA assistance
programs.
Federal Emergency Management Agency: History and reauthorization
FEMA was established in 1979 by Executive Order by
President Carter following a number of massive disasters in the
1960s and 1970s which resulted in proposals by the National
Governors Association and others to streamline and cut the
number of agencies states were required to work with following
a disaster. Prior to the creation of FEMA, the federal
government's emergency response mechanisms were scattered among
many agencies throughout government. The creation of FEMA
helped to centralize these authorities and the coordination of
the federal government's response to a disaster. The Disaster
Relief Act of 1974 constituted the statutory authority for most
federal disaster response activities especially of FEMA and
this Act was later amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act in 1988. Following more
than two decades as an independent agency, the Homeland
Security Act of 2002 (P.L. 107-296), which created the
Department of Homeland Security (DHS), placed FEMA within DHS,
and FEMA's functions were dispersed among various offices and
directorates of DHS.
In 2005, Hurricanes Katrina and Rita devastated the Gulf
Coast. Following Hurricanes Katrina and Rita and the poor
response that occurred, several investigations and
congressional inquiries and hearings took place to examine the
preparation for, response to, and later recovery from these
hurricanes. In particular, the Select Bipartisan Committee to
Investigate the Preparation for and Response to Hurricane
Katrina was formed and culminated in the issuance of a report
entitled, ``A Failure of Initiative: The Final Report of the
Select Bipartisan Committee to Investigate the Preparation for
and Response to Hurricane Katrina'' on February 15, 2006.
Following the issuance of this report, Congress enacted the
Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA)
(P.L. 109-295), which put FEMA back together again within DHS.
PKEMRA, authorized, among other things, FEMA for the first time
in legislation.
In addition to the overall reauthorization of FEMA's
salaries and expenses, H.R. 2903 also reauthorizes other
programs important to disaster preparedness and response,
including the Urban Search and Rescue system, the Emergency
Management Assistance Compact grants, and the National Dam
Safety Program.
Urban Search and Rescue (USAR) System
Currently, there are 28 FEMA USAR Task Forces spread
throughout the continental United States that are trained and
equipped by FEMA. These teams are comprised of firefighters,
engineers, medical professionals, canine/handler teams and
emergency managers with special training in urban search-and-
rescue, and serve as a national resource for disaster response.
The task force is a partnership between state fire departments,
law enforcement agencies, federal and local governmental
agencies and private companies.
Typically, the teams are trained to conduct physical search
and rescue missions in collapsed buildings, provide emergency
medical care to trapped victims, assess and control gas,
electric service and hazardous materials, and evaluate and
stabilize damaged structures. If a disaster event warrants
national USAR support, FEMA will deploy the three closest task
forces within six hours of notification, and additional teams
as necessary. The role of these task forces is to support state
and local emergency responders' efforts to locate victims and
manage recovery operations.
Emergency Management Assistance Compacts (EMAC)
EMAC is an interstate compact approved by Congress that
provides an effective avenue by which states can provide one
another mutual aid in the event of a disaster. Through EMAC, a
state impacted by a disaster can request and receive assistance
from other member states more quickly and efficiently, by
addressing concerns with regards to liability and
reimbursement.
National Dam Safety Program
The National Dam Safety Program (NDSP) was originally
created as part of the Water Resources and Development Act of
1996. The program, led by FEMA, is a partnership with other
federal agencies, states, and other stakeholders and provides
assistance in training, dam assessments, and research. In
addition NDSP funds an inventory, which is administered by the
U.S. Army Corps of Engineers.
FEMA Reforms
H.R. 2903 as reported by the committee includes a number of
reforms intended to eliminate waste, reduce costs, and
streamline FEMA assistance.
Integrated Public Alert and Warning System (IPAWS)
In the 111th Congress, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management
conducted an investigation of the development of IPAWS and the
Government Accountability Office (GAO) issued a report\1\ that
highlighted concerns related to FEMA's development of IPAWS.
The subcommittee's investigation and GAO's report supported the
need for legislation to ensure consultation and coordination
with key stakeholders, strategic planning, and the timely roll
out of the new system. The result of these problems was a waste
of taxpayer dollars. Without a clear vision and strategic plan,
funds were spent on misguided projects. For example, the GAO
found examples of pilot programs funded by FEMA that ``have
ended inconclusively, with few documented lessons learned.''\2\
In addition, the committee found that FEMA failed to consult
with key stakeholders, such as states, locals, broadcasters and
the wireless industry to ensure IPAWS is developed in such a
way that would be compatible with existing technologies and be
usable by the primary users of the system.
---------------------------------------------------------------------------
\1\Emergency Preparedness: Improved Planning and Coordination
Necessary for Modernization and Integration of Public Alert and Warning
System, GAO-09-834, September 9, 2009
\2\Id. at p. 18.
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In September of 2011, H.R. 2904, the Integrated Public
Alert and Warning System Modernization Act was introduced by
Representative Jeff Denham. Similar legislation had been
introduced in the 110th and 111th Congresses. H.R. 2903 as
reported by the committee includes the provisions of that Act.
The legislation is modeled after the Warning, Alert, and
Response Network (WARN) Act enacted by Congress in 2006. The
WARN Act, as signed into law as Title VI of P.L. 109-347, the
Security and Accountability for Every Port Act of 2006 (The
SAFE Port Act), required the establishment of a Commercial
Mobile Service Alert Advisory Committee (CMSAAC) by the Federal
Communications Commission (FCC). Committee members included
state, local and tribal governments, members of the private
sector, and representatives of people with disabilities. The
committee was charged with providing the FCC with
recommendations on technical requirements, standards,
regulations, and other matters needed to support the
transmittal of emergency alerts by commercial mobile service
providers to their subscribers on a voluntary basis. During the
course of the committee investigation, the framework
established by the WARN Act ensured input by the relevant
industries maximizing buy-in by the private sector and helping
to facilitate decision-making by establishing timetables. The
provisions in H.R. 2903 are intended to establish a similar
framework to the development of IPAWS.
Emergency Alert System
Currently, the United States issues emergency warnings
through the Emergency Alert System (EAS)--the successor to the
Emergency Broadcast System (EBS)--which relays messages through
broadcast and other media. EAS allows the president and
authorized officials to transmit emergency messages to the
public via television (TV) and radio through a hierarchical
distribution system dating back to the 1960s. FEMA is
responsible for administering EAS at the national level and
distributing presidential alerts to national primary stations,
known as Primary Entry Point (PEP) stations. PEP stations are
stations that have been hardened to protect them from
disasters, including backup generators and fuel onsite.
Broadcasts of the national level alerts are relayed by the PEP
stations across the country to radio and TV stations that
rebroadcast the message to other stations and cable systems.
The retransmission of alerts from one EAS participant to
another is commonly referred to as a ``daisy chain''
distribution system. The GAO raised serious questions about the
reliability of this system.
Integrated Public Alert and Warning System
On June 26, 2006, former President Bush issued Executive
Order 13407, stating the U.S. policy is ``to have an effective,
reliable, integrated, flexible and comprehensive system to
alert and warn the American people.'' The former President
issued a list of functional requirements for the Secretary of
Homeland Security. The requirements were based on
recommendations of experts in the field and included:
evaluating and assessing existing resources at all levels of
government; adopting common alerting protocols, standards
terminology, and other procedures to enable interoperability;
delivering alerts on criteria such as location and risk;
accommodating disabilities and language needs; supporting
necessary communication facilities; conducting training,
testing, and exercises; ensuring public education about
emergency warnings; coordinating and cooperating with the
private sector and government at all levels; administering the
existing EAS as a component of a broader system; and ensuring
that the president can alert and warn the American people.
Executive Order 13407 directed FEMA to meet this challenge
``to ensure an orderly and effective transition'' from current
capabilities to the system described in the executive order and
to report on the implementation of the system within 90 days
after the order, and on at least a yearly basis thereafter.
FEMA's IPAWS program was initiated in 2004, and has become the
programmatic mechanism to carry out this executive order.
IPAWS aims to be the nation's next generation public
communications and warning capability. As previously mentioned,
the current EAS is based on generally outdated technology that
mostly relies on radio and TV to transmit audio-only alerts.
Today, the public uses many different technologies to receive
information and is increasingly less reliant on TV and radio.
In addition, digital technology has significantly more
capabilities than the old analog signal, providing for the
opportunity to integrate into the system methods for alerting
those with disabilities and limited English proficiency.
Streamlining and improving FEMA's processes
H.R. 2903 also incorporates a number of key reforms that
the committee believes will reduce costs, cut through
unnecessary red-tape and help communities recover faster
following disasters. These reforms include setting deadlines on
FEMA's implementation of requirements to use cost-estimates in
determining Public Assistance under section 406 of the Stafford
Act and issuing criteria to implement provisions that allow
states to administer hazard mitigation grants; streamlining the
process for transfer of unneeded and costly-to-maintain
temporary housing units to states for use by disaster victims.
The legislation also makes permanent the debris removal pilot
program ensuring expedited debris removal in a cost-effective
way.
The legislation also will create a pilot program requiring
FEMA to test innovative approaches for streamlining and
expediting Public Assistance projects and to evaluate their
impact on cost reduction and recovery.
Hearings
The committee, including the Subcommittee on Economic
Development, Public Buildings, and Emergency Management, held
18 hearings on subjects related to matters contained in H.R.
2903 during the 111th and 112th congresses. In particular, the
committee held the following hearings:
``Post-Katrina Disaster Response and Recovery: Evaluating
FEMA's Continuing Efforts in the Gulf Coast and Response to
Recent Disasters'' held on February 25, 2009. The purpose of
this hearing was to examine the status of recovery efforts
following Hurricane Katrina in the Gulf Coast and FEMA's
overall disaster recovery programs particularly as they related
to housing and rebuilding of public infrastructure.
``Disaster Capacity in the National Capital Region:
Experiences, Capabilities, and Weaknesses'' held on April 3,
2009. The purpose of this hearing was to examine the disaster
preparedness and response capacity in the National Capital
Region.
``FEMA: Preparedness for the 2009 Hurricane Season'' held
on May 1, 2009. This field hearing held in Miami, Florida
focused on disaster preparedness and response in anticipation
of the 2009 hurricane season.
Full Committee hearing on ``An Independent FEMA: Restoring
the Nation's Capabilities for Effective Emergency Management
and Disaster Response'' held on May 14, 2009. The purpose of
this hearing was to examine FEMA and how it has functioned
since its placement within the Department of Homeland Security.
``Still Post-Katrina: How FEMA Decides When Housing
Responsibilities End'' held on May 22, 2009. This hearing
focused on the status of housing assistance to individuals and
families in the aftermath of Hurricane Katrina.
``Post-Katrina: What it Takes to Cut the Bureaucracy and
Assure a More Rapid Response after a Catastrophic Disaster''
held on July 27, 2009. The purpose of this hearing was to
examine how to define a catastrophic disaster, the role of the
federal government following a catastrophic disaster, and
whether additional authority is needed to effectively respond
to and recover from a catastrophic disaster.
``Final Breakthrough on the Billion Dollar Katrina
Infrastructure Logjam: How is it Working?'' held on September
29, 2009. This hearing focused on the statutes of the
rebuilding of infrastructure overall disaster recovery programs
being provided through the Public Assistance programs of FEMA.
``This Is NOT a Test: Will the Nation's Emergency Alert
System Deliver the President's Message to the Public?'' held on
September 30, 2009. The purpose of this hearing was to examine
the status of efforts within the federal government,
specifically, FEMA to modernize, expand and integrate existing
emergency alert warning systems through the Integrated Public
Alert and Warning Systems. The committee also received a report
from the Government Accountability Office detailing its
assessment of the nation's emergency alert system.
``Looking Out for the Very Young, the Elderly and Others
with Special Needs: Lessons from Katrina and other Major
Disasters'' held on October 20, 2009. The purpose of this
hearing was to examine plans and procedures in place that would
provide aid to children, the disabled, and others with special
needs in the event of disaster and to receive testimony on two
congressionally mandated reports on children and people with
disabilities.
``FEMA's Urban Search and Rescue Program in Haiti: How to
Apply Lessons Learned at Home'' held on February 3, 2010. The
purpose of this hearing was to examine the National Urban
Search and Rescue System of FEMA and the lessons learned from
deployments to Haiti following the earthquake.
``U.S. Mayors Speak Out: Addressing Disasters in Cities''
held on March 4, 2010. The purpose of this hearing was to
review and receive testimony on a report released by the United
States Conference of Mayors regarding proposals on changes to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act as well as related programs, policies, and regulations.
``Snow Disasters for Local, State, and Federal Governments
in the National Capital Region: Response and Recovery
Partnerships with FEMA'' held on March 23, 2010. The purpose of
the hearing was to review the status of recovery efforts from
that winter's storms in the National Capital Region and the
lessons to be learned from those storms that would apply to
future disasters regardless of cause.
``Priorities for Disasters and Economic Disruption: The
Proposed Fiscal Year 2011 Budgets for the Federal Emergency
Management Agency and the Economic Development Administration''
held on May 6, 2010. The purpose of this hearing was to receive
testimony regarding the FEMA Fiscal Year (FY) 2011 Budget, and
the Economic Development Administration (EDA) FY 2011 Budget
and to review how their budget priorities deal with natural
disasters, man-made disasters, and economic disruption.
``Five Years after Katrina: Where We Are and What We Have
Learned for Future Disasters'' held on September 22, 2010. The
purpose of the hearing was to receive testimony on the status
of recovery efforts from Hurricanes Katrina and Rita. The
hearing focused on the status of an arbitration program created
for Public Assistance projects for Hurricanes Katrina and Rita
as well as other programs created by legislation and
administratively to facilitate the Public Assistance program
for Hurricanes Katrina and Rita.
``Improving the Nation's Response to Catastrophic
Disasters: How to Minimize Costs and Streamline our Emergency
Management Programs'' held on March 30, 2011. The purpose of
the hearing was to examine preparedness and response as it
related to catastrophic disasters in the wake of the earthquake
in Japan and how costs could be minimized and the process
streamlined.
``FEMA Reauthorization and Cutting the Red Tape in
Recovery'' held on July 14, 2011. The purpose of the hearing
was to examine the issues of communities recovering from a
disaster in the context of FEMA reauthorization.
``Streamlining Emergency Management: Improving
Preparedness, Response, and Cutting Costs'' held on October 13,
2011. The purpose of the hearing was to examine how the
emergency management system and programs can be streamlined to
reduce costs and improve preparedness and response.
``The Effectiveness of our Nation's Public Alert System''
held on December 13, 2011. The purpose of the hearing was to
examine the development of FEMA's Integrated Public Alert and
Warning System (IPAWS) and receive testimony regarding the
recent test of the nation's Emergency Alert System (EAS).
Legislative History and Consideration
On September 13, 2011, Representative Jeff Denham
introduced H.R. 2903, a bill to reauthorize the Federal
Emergency Management Agency and other FEMA programs.
On March 1, 2012, the Subcommittee on Economic Development,
Public Buildings and Emergency Management met in open session.
The subcommittee adopted two amendments by voice vote--a
substitute amendment offered by Rep. Denham and an amendment
offered by Rep. Barletta--and ordered the bill forwarded to the
full committee by voice vote.
On March 8, 2012, the Committee on Transportation and
Infrastructure met in open session. The committee accepted by
unanimous consent the consideration the committee print of H.R.
2903, which reflected the amendments adopted by the
subcommittee, as original text for the purposes of amendment.
Five amendments were offered to the committee print of H.R.
2903. The committee adopted four amendments by voice vote
offered respectively by Rep. Hanna, Rep. Rahall, Rep. Carnahan,
and Rep. Richardson. An amendment offered by Rep. Crawford was
withdrawn. H.R. 2903 was ordered reported as amended to the
House by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each recorded 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. During
consideration of H.R. 2903 no recorded votes were taken. All
amendments were adopted by voice vote. The bill, as amended,
was reported favorably to the House of Representatives by voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Transportation and
Infrastructure's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974, included below.
Congressional Budget Office Cost Estimate
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. 2903 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 6, 2012.
Hon. John L. Mica,
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. 2903, the FEMA
Reauthorization Act of 2012.
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. 2903--FEMA Reauthorization Act of 2012
Summary: H.R. 2903 would authorize appropriations totaling
about $2.2 billion over the next two years for the Federal
Emergency Management Agency (FEMA). The legislation would
authorize about $2.1 billion for salaries and expenses of the
agency, including $37 million to modernize the Integrated
Public Alert and Warning System (IPAWS); $71 million for the
Urban Search and Rescue (US&R;) Response System; $32 million for
dam safety activities; and $4 million for emergency management
assistance compact grants. Based on historical expenditure
patterns, CBO estimates that implementing the legislation would
cost $2.1 billion over the 2013-2017 period, assuming
appropriation of the specified amounts.
Enacting this legislation would affect direct spending;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that the net effects would probably be zero or
insignificant for each year. Enacting H.R. 2903 would not
affect revenues.
H.R. 2903 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
upon 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 ($73 million and $146 million, respectively, in 2012,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2903 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
FEMA Salaries and Expenses:
Authorization Level................................. 1,031 1,031 0 0 0 2,063
Estimated Outlays................................... 666 924 354 98 0 2,042
Urban Search and Rescue Response System:
Authorization Level................................. 35 35 0 0 0 71
Estimated Outlays................................... 25 35 10 0 0 70
EMAC Grants:
Authorization Level................................. 2 2 0 0 0 4
Estimated Outlays................................... 2 2 0 0 0 4
National Dam Safety Program:
Authorization Level................................. 11 11 11 0 0 32
Estimated Outlays................................... 7 10 10 4 1 32
Total Changes:
Authorization Level............................. 1,079 1,079 11 0 0 2,170
Estimated Outlays............................... 700 971 374 102 1 2,148
----------------------------------------------------------------------------------------------------------------
Notes: FEMA = Federal Emergency Management Agency; EMAC = Emergency Management Assistance Compact. Components
may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2012 and that
amounts specified will be appropriated for each year.
Spending subject to appropriation
FEMA Salaries and Expenses. FEMA is the federal
government's lead agency in preparing for, protecting against,
responding to, and recovering from all hazards, including
natural disasters, acts of terrorism, and other man-made
disasters. For 2012, the Congress provided $946 million
(including transfers, but excluding amounts for the Urban
Search and Rescue Response System, authorized separately in
this bill) for salaries and expenses of the agency (see Public
Law 112-74).
Title I of H.R. 2903 would authorize the appropriation of
$1,031 million for each of fiscal years 2013 and 2014 to
administer FEMA programs about $85 million more than the amount
provided for fiscal year 2012. Of those funds, up to $13
million per year would be used to modernize IPAWS. IPAWS
utilizes multiple technologies (for example, satellite radios,
computers, and cellular phones) in addition to traditional
radio and television communications to provide information
about an impending or ongoing emergency. A similar amount was
provided for this activity in 2012.
Based on historical expenditure rates, CBO estimates that
implementing this provision would cost about $2 billion over
the next five years, assuming appropriation of the specified
amounts for 2013 and 2014.
Urban Search and Rescue Response System. Section 201 would
authorize the appropriation of $35 million in each of fiscal
years 2013 and 2014 for US&R.; This amount is $6 million below
the level provided in 2012 (see Public Law 112-74). The US&R;
response system consists of multiple task forces that assist
local responders in the location, extrication, and initial
medical stabilization of victims trapped in confined spaces.
Funding provided by the bill would be used to staff and train
the task forces and maintain equipment used in training and
responding to a disaster. The bill also would direct FEMA to
establish a national network of standardized resources and to
enter into cooperative agreements with sponsoring agencies to
reimburse costs incurred in US&R; operations.
Based on historical expenditure patterns, CBO estimates
that implementing this provision would cost $70 million over
the next five years, assuming appropriation of the specified
amounts.
Emergency Management Assistance Compact (EMAC) Grants.
Section 202 would authorize the appropriation of $4 million
over the 2013-2014 period for grants to administer and
coordinate activities under 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. EMAC is currently
administered by the National Emergency Management Association
(NEMA), a private association representing state emergency
management directors. CBO estimates that providing grants to
NEMA and EMAC participants would cost $4 million over the 2013-
2017 period, assuming appropriation of the specified amounts.
National Dam Safety Program. Section 217 would authorize
the appropriation of about $11 million a year over the 2013-
2015 period for activities of FEMA related to dam safety. Funds
authorized by the bill would be used for: operating an
Interagency Committee on Dam Safety and a Dam Safety Review
Board, assisting state safety programs, maintaining a dam
inventory, conducting research, and providing training for
state safety staff and inspectors. Based on historical spending
patterns, CBO estimates that implementing this section would
cost $32 million over the next five years.
Other Changes. The legislation would make a number of other
changes, which CBO estimates would not have a significant net
impact on discretionary spending.
Transfer of Excess Materials, Supplies, and Equipment.
Section 203 would authorize FEMA to transfer excess materials,
supplies, and equipment directly to states, local governments,
and disaster relief organizations for the purpose of assisting
victims of disasters. Under current law, most excess property
must first be offered for transfer to other federal agencies
prior to being available for donation. In some cases, the
General Services Administration (GSA) might require receiving
entities to reimburse the holding agency (in this case, FEMA)
for transferred property. If reimbursements to FEMA decline or
if other federal agencies purchase property similar to that
donated under this provision, discretionary spending may
increase. However, based on the historical disposition of FEMA
property, CBO estimates that any discretionary costs would be
insignificant over the next five years.
Disposal of Temporary Housing Units. Section 204 would
direct FEMA to develop a plan to dispose of temporary housing
units (for example, mobile homes and travel trailers) that are
determined to be in excess of the amount needed to maintain an
appropriate disaster response. Excess units could be donated to
states for disaster relief purposes, instead of first being
offered for sale to current occupants under current law. In
most recent cases, proceeds from sales have been deposited into
the Disaster Relief Fund or retained by GSA to cover the costs
of sales. (GSA disposes of excess property for many federal
agencies, including FEMA.) If implementing this provision would
cause proceeds from sales to decrease, FEMA or GSA may request
appropriations in the future to cover the difference, resulting
in additional discretionary spending. However, based on
information from FEMA, CBO estimates that implementing this
provision would result in no significant cost over the 2013-
2017 period.
Tribal Requests for Presidential Declaration. Section 210
would allow the chief executive of a tribal government to
request a declaration by the President that a major disaster or
emergency exists. Under current law, only the governor of a
state may make such a request. Implementing this provision may
increase discretionary spending in areas where a declaration
would not otherwise have been made. CBO expects that such
requests would occur infrequently and estimates that
implementing this provision would have an insignificant effect
on discretionary spending over the next five years.
Direct Spending
Sections 203 and 204 would allow FEMA to transfer or donate
certain excess property that may have otherwise been sold to
states, local governments, and disaster relief organizations.
In some cases, receipts collected from property sales (after
reimbursing GSA for the costs of sales) are deposited into the
Treasury as miscellaneous receipts (an offset to direct
spending). Any decrease in receipts to the Treasury as a result
of this provision would therefore be considered an increase in
direct spending. However, based on information from FEMA, CBO
estimates that any loss in receipts over the next 10 years
would be minor.
Pay-As-You-Go considerations: Pay-as-you-go procedures
apply because the bill would have an insignificant impact on
direct spending.
Intergovernmental and private-sector impact: H.R. 2903
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 ($73 million and $146
million, respectively, in 2012, 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 likely 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 4,000 workers in the system; the duration of
deployment is usually less than one month; in general, most
employers currently allow workers to reclaim their positions.
Thus, CBO estimates that the cost for governmental 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 or transfer 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 be incurred voluntarily.
Estimate prepared by: Federal costs: Daniel Hoople; 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.
Performance Goals and Objectives
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
reauthorize the Federal Emergency Management Agency, the Urban
Search and Rescue System, the Emergency Management Assistance
Compact, and the National Dam Safety program in addition to
providing for reforms and reduction of costs in FEMA assistance
programs.
Advisory of Earmarks
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2903 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Federal Mandate 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'' (P.L. 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. 2903 does not
preempt any state, local, or tribal law.
Advisory Statement
H.R. 2903 establishes an advisory committee for the Urban
Search and Rescue System within the meaning of section 5(b) of
the Federal Advisory Committee Act and provides that any costs
associated with such committee be provided for from the amounts
authorized in the legislation.
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).
Section-by-Section Analysis of the Legislation
TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC
ALERT AND WARNING SYSTEM
Section 101. Reauthorization of the Federal Emergency Management Agency
(FEMA)
This section reauthorizes FEMA through fiscal year 2014 at
$1.031 billion each year for Salaries and Expenses (S&E;)
consistent with current funding levels.
Section 102. Integrated Public Alert and Warning System modernization
This section authorizes the Integrated Public Alert and
Warning System (IPAWS) at $13.3 million out of the S&E; account
consistent with existing funding levels. This section also
would establish a clear framework for the development of IPAWS
and ensure stakeholder input through an advisory committee.
The intention of this section is to codify the framework
FEMA should be using to develop IPAWS consistent with Executive
Order 13407 issued by President Bush. Given the problems
highlighted by the GAO and the committee, providing clear
direction on the development of IPAWS is critical to
eliminating waste and ensuring taxpayer dollars are
appropriately used in developing an effective alert and warning
system.
While the section provides for a report of the IPAWS
Advisory Committee, the Advisory Committee is intended to
ensure that the various federal agencies that have a part in
the governance of the IPAWS are conducting an ongoing dialogue
with message disseminators. At present, there is no mechanism
for the system's managers, users, and relay participants to
meet on a regular basis to address problems and seek
improvements to the system. Given that, the committee strongly
urges the Advisory Committee to meet no less than annually.
The requirements of the system outlined in this section are
intended to guide FEMA in its use and development of the
capabilities in digital and other technologies. The
requirements should not be interpreted as an authorization for
FEMA to itself develop the communications network necessary to
implement IPAWS. In addition, the language in section
102(b)(3)(C) requires the public alert and warning system to
provide alerts to the largest portion of the affected
population as is feasible. Currently, some local broadcasters
translate the alerts into languages other than English based on
their communities' needs, and are encouraged to continue doing
so. Nothing in this section shall give FEMA the authority to
require a television or radio broadcaster, or other
communications company, to translate disaster warnings and
emergency messages into multiple languages. This language
provision is intended to allow the pass through (where
appropriate) of non-English language emergency messages as they
are received by broadcaster from the public alert and warning
system.
The committee expects that FEMA will work closely with
relevant stakeholders on ensuring alerts can be sent to and
received by those with disabilities. The committee recognizes
FEMA has improved its outreach to relevant groups but expects
FEMA to specifically work closely with the National Council on
Disability (NCD), the federal agency specifically charged with
working on disability policy. The committee notes the work the
NCD has done to study the issue of people with disabilities in
disasters, including the development of recommendations related
to alerting systems in its report entitled ``Effective
Emergency Management: Making Improvements for Communities and
People with Disabilities'' issued August 12, 2009.
TITLE II--STAFFORD ACT AND OTHER PROGRAMS
Section 201. Reauthorization of Urban Search and Rescue response system
This section reauthorizes the Urban Search and Rescue
system (USAR) at $35.25m for fiscal years 2012 through 2014
consistent with previous funding levels. This section also
codifies the system in statute and clarifies liabilities and
compensation issues related to participants in the system.
This section is intended to codify existing workers'
compensation and tort liability protections for USAR system
members that are currently provided administratively by FEMA.
It also provides protections under the Uniformed Services
Employment and Reemployment Rights Act (USERRA), and
establishes licensing a professional liability protection.
The committee expects that eligible expenditures of federal
funds to a sponsoring agency should include training and
exercises with other federal, state, and local government
authorities. Moreover, such expenditures may include activation
of a task force for the purpose of a National Special Security
Event (NSSE) as determined by the administrator.
This section highlights the eligible expenses under the
USAR program and the committee intends that storage and the
cost for transportation assets be deemed as eligible
expenditures for the acquisition and maintenance of equipment
necessary to support a task force.
The committee has ensured the authorization levels in the
legislation are consistent with actual funding of the program.
However, the committee recognizes that existing funding may not
be sufficient to cover all needed costs. The committee is aware
that annual appropriations for the USAR program have not fully
compensated sponsoring agencies for the costs to equip,
maintain and train task force members. With estimates as high
as $1.7 million annually to sustain each task force, annual
appropriations should approach $56 million for the 28 existing
teams. The committee believes these costs should be thoroughly
evaluated in accessing the appropriate funding levels.
Prospective sponsoring agencies have also expressed interest in
joining the Urban Search and Rescue system. Although the
program does not specify the number of task forces, the history
of appropriations and the adequacy of existing capabilities
must be considered when determining whether to expand the
number of task forces.
Section 202. Reauthorization of Emergency Management Assistance Compact
grants
This section reauthorizes the Emergency Management
Assistance Compact (EMAC) grants at two million dollars each
year through fiscal year 2014. Authorization levels are
consistent with existing funding.
Section 203. Disposal of excess property to assist other disaster
survivors
This section streamlines the process for FEMA to transfer
excess materials, supplies, or equipment to state and local
governments, or relief or disaster assistance organization to
assist disaster survivors in incidents other than declared
major disasters or emergencies.
Section 204. Storage, sale, transfer, and disposal of housing units
This section requires FEMA to review the existing inventory
of temporary housing units (THUs), determine the number of
excess THUs and streamlines the process for transferring excess
THUs to states or disposing of such units.
In the past, FEMA incurred costs of $100 million to $120
million to store and maintain unneeded trailers and temporary
housing units. In recent years, FEMA has sold the unused THUs,
saving taxpayers storage and maintenance costs. In addition to
the costs, following certain localized disasters it became
apparent that FEMA lacks a streamlined process to make THUs it
no longer needs available to states and local communities
devastated by disasters that may not result in a declaration.
This provision along with section 205 would streamline the
process of such transfers--allowing those who find themselves
homeless from a disaster to have shelter and at the same time
reducing FEMA's costs to store and maintain units that are no
longer needed by FEMA.
Section 205. Other methods of disposal
This section provides for a streamlined process for FEMA to
sell, transfer or donate THUs to assist disaster victims in
disasters and incidents caused by a hazard that do not result
in a declaration.
Section 206. Establishment of criteria relating to administration of
hazard mitigation assistance by states
This section requires FEMA to promulgate criteria, as
required under statute, within 180 days of enactment, to
implement provisions in the Stafford Act that would allow
states to administer the Hazard Mitigation Grant Program.
Section 207. Review of regulations and policies
This section requires FEMA, within 180 days of enactment,
to review its regulations and policies related to disaster
assistance to eliminate regulations that are no longer
relevant, to harmonize conflicting regulations and to simplify
and expedite disaster recovery and assistance.
The section also requires FEMA to revise its regulations
related to State Hazard Mitigation plans to make its planning
cycle 5 years, consistent with local planning cycles. The
committee understands that the lack of consistency between FEMA
and state planning cycles has resulted in unnecessary confusion
and burden on the states.
Section 208. Appeals process
This section shortens FEMA's appeals process from 90 to 60
days.
Section 209. Implementation of cost estimating
This section requires FEMA to, within 180 days of enactment
of the Act, promulgate regulations to implement cost estimating
provisions in the Stafford Act. These provisions were enacted
in the Disaster Mitigation Act of 2000 and have not been
implemented. Testimony received during the Subcommittee on
Economic Development, Public Buildings, and Emergency
Management hearing on October 13, 2011 indicated that this one
provision, if implemented, could save significant
administrative costs by reducing the bureaucracy associated
with disaster assistance and closing disasters more quickly.
Section 210. Tribal requests for a major disaster or emergency
declaration under Stafford Act
This section provides for federally-recognized tribes to
request a disaster declaration when the state in which they
reside fails to do so.
Section 211. Individual assistance factors
This section requires FEMA, within 1 year of enactment, to
review, update and revise the factors considered in regulation
related to Individual Assistance.
Section 212. Public assistance pilot program
This section establishes a public assistance pilot program
directing FEMA to develop a pilot program that would reduce
costs and expedite assistance through the use of cost estimates
and consolidating projects. This section limits the pilot by
terminating it in 2014 and requires FEMA to report to Congress
on its assessment of the pilot program in 2015.
The intention behind this pilot program is to test
approaches that would reduce administrative costs and expedite
the recovery process following a major disaster. Currently,
costs increase the longer it takes a community to rebuild due
both to the cost of reconstruction as well as the
administrative costs associated with staffing a disaster and
managing the detailed and confusing ``project worksheet''
process. The pilot program would direct FEMA to use cost-
estimating, consolidation of projects, and incentives to
streamline the Public Assistance process and speed up recovery.
The committee expects FEMA to fully use the authorities
provided and to report on costs and savings, including savings
associated with any administrative costs. The committee expects
FEMA to pilot multiple approaches including insurance payment
and settlement models that should greatly reduce or eliminate
the current project worksheet process. The committee reminds
FEMA there is no statutory requirement for the current project
worksheet grant reimbursement approach or a requirement for it
to be operated as a reimbursement grant program at all.
Section 213. Public assistance debris removal procedures
This section streamlines and makes permanent FEMA's Debris
Removal pilot program to provide for assistance based on
estimates.
Very often the first step following a disaster is removing
debris. Debris removal must occur before communities can
rebuild. The traditional method by which FEMA removed debris
was fraught with red-tape, slowed the process and was
susceptible to fraud and high costs. In 2006, as part of Public
Law 109-295, Congress enacted legislation to direct FEMA to
conduct a pilot program for public assistance and debris
removal. Since that time, FEMA implemented a pilot program that
reduced unit costs through predisaster contracts, demonstrated
more flexibility and incorporated incentives to expedite debris
removal. As a result, the committee believes making permanent
this pilot program is critical to reducing costs and
streamlining the debris removal process following a disaster.
The committee also believes FEMA should develop and pilot cost
estimating approaches for debris removal to determine if the
program can be improved further.
Section 214. Use of funds
This section makes clear any costs associated with reports,
reviews, or studies required in the Act are authorized out of
FEMA's S&E; authorization. This provision clarifies FEMA must
use existing funding to pay for any costs associated with
reports, reviews or studies.
Section 215. Reduction of authorization for Emergency Management
Performance Grants
This section reduces the authorization for the Emergency
Management Performance Grants (EMPG) by $3.4 million in fiscal
year 2012 to offset a corresponding increase in the
authorization for the National Dam Safety Program reauthorized
in section 217.
Section 216. Technical correction
This section corrects a technical error in the Stafford
Act.
Section 217. National Dam Safety Program Act reauthorization
This section reauthorizes the National Dam Safety Program
through Fiscal Year 2015 at levels consistent with existing
spending except that an increase has been provided for which is
offset by the reduction pursuant to section 215.
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):
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Post-Katrina Emergency
Management Reform Act of 2006''.
* * * * * * *
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.]
SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
(a) * * *
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out the program--
(1) * * *
* * * * * * *
(5) for fiscal year 2012, [$950,000,000]
$946,600,000.
* * * * * * *
Subtitle G--Authorization of Appropriations
[SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title and the amendments made by this title for the
administration and operations of the Agency--
[(1) for fiscal year 2008, an amount equal to the
amount appropriated for fiscal year 2007 for
administration and operations of the Agency, multiplied
by 1.1;
[(2) for fiscal year 2009, an amount equal to the
amount described in paragraph (1), multiplied by 1.1;
and
[(3) for fiscal year 2010, an amount equal to the
amount described in paragraph (2), multiplied by 1.1.]
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title and the amendments made by this title for the salaries
and expenses of the Agency--
(1) for fiscal year 2012, $1,031,378,000, including
amounts transferred from grant programs;
(2) for fiscal year 2013, $1,031,378,000, including
amounts transferred from grant programs; and
(3) for fiscal year 2014, $1,031,378,000, including
amounts transferred from grant programs.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS
* * * * * * *
DEFINITIONS
Sec. 102. As used in this Act--
(1) * * *
* * * * * * *
(6) Indian tribal government.--The term ``Indian
tribal government'' means the governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a et seq.).
[(6)] (7) Individual with a disability.--The term
``individual with a disability'' means an individual
with a disability as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)).
[(7)] (8) Local government.--The term ``local
government'' means--
(A) * * *
(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or
organization[; and], that is not an Indian
tribal government as defined in paragraph (6);
and
* * * * * * *
[(8)] (9) ``Federal agency'' means any department,
independent establishment, Government corporation, or
other agency of the executive branch of the Federal
Government, including the United States Postal Service,
but shall not include the American National Red Cross.
[(9)] (10) Public facility.--``Public facility''
means the following facilities owned by a State or
local government:
(A) * * *
* * * * * * *
[(10)] (11) Private nonprofit facility.--
(A) * * *
* * * * * * *
(12) Chief executive.--The term ``Chief Executive''
means the person who is recognized by the Secretary of
the Interior as the chief elected administrative
officer of an Indian tribal government.
SEC. 103. REFERENCES.
Except as otherwise specifically provided, any reference in
this Act to ``State and local'', ``State or local'', or
``State, local'' with respect to governments or officials and
any reference to a ``local government'' in section 417 is
deemed to refer also to Indian tribal governments and
officials, as appropriate.
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
DISASTER WARNINGS
Sec. 202. (a) * * *
* * * * * * *
(c) The President is authorized to utilize or to make
available to Federal, State, and local agencies the facilities
of the civil defense communications system established and
maintained pursuant to [section 611(c)] section 611(d) of this
Act or any other Federal communications system for the purpose
of providing warning to governmental authorities and the
civilian population in areas endangered by disasters.
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) Definitions.--In this section, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) Hazard.--The term ``hazard'' has the meaning
given that term by section 602.
(4) 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 and who serves on a task force or on
a System management or other technical team.
(9) Task force.--The term ``task force'' means an
urban search and rescue team designated by the
Administrator to participate in the System.
(b) General Authority.--Subject to the requirements of this
section, the Administrator shall continue to administer the
emergency response system known as the National Urban Search
and Rescue Response System.
(c) Functions.--In administering the System, the
Administrator shall provide for a national network of
standardized search and rescue resources to assist States and
local governments in responding to hazards.
(d) Task Forces.--
(1) Designation.--The Administrator shall designate
task forces to participate in the System. The
Administrator shall determine the criteria for such
participation.
(2) Sponsoring agencies.--Each task force shall have
a sponsoring agency. The Administrator shall enter into
an agreement with the sponsoring agency with respect to
the participation of each task force in the System.
(3) Composition.--
(A) Participating agencies.--A task force may
include, at the discretion of the sponsoring
agency, 1 or more participating agencies. The
sponsoring agency 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, 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
considered an employee of the United States for
purposes other than those specifically set forth in
this section.
(g) Compensation.--
(1) Pay of system members.--Subject to such terms and
conditions as the Administrator may impose by
regulation, the Administrator shall make payments to
the sponsoring agency of a task force--
(A) to reimburse each employer of a System
member on the task force for compensation paid
by the employer to the System member for any
period during which the System member is
appointed into Federal service under subsection
(f)(1); and
(B) to make payments directly to a 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 1 year after
the date of the personal injury, illness,
disability, or death that is the reason for the
benefits or until such later date as the
Secretary of Labor may allow for reasonable
cause shown.
(C) Effect of election.--An election of
benefits made under this paragraph is
irrevocable unless otherwise provided by law.
(3) Reimbursement for state or local benefits.--
Subject to such terms and conditions as the
Administrator may impose by regulation, in the event
that a System member or dependent elects benefits from
a State or local government under paragraph (2)(A), the
Administrator shall reimburse the State or local
government for the value of those benefits.
(i) Liability.--A System member appointed into Federal
service under subsection (f)(1), while acting within the scope
of the appointment, is deemed an employee of the Government
under section 1346(b) of title 28, United States Code, and
chapter 171 of that title, relating to tort claims procedure.
(j) Employment and Reemployment Rights.--With respect to a
System member who is not a regular full-time employee of a
sponsoring agency or participating agency, the following terms
and conditions apply:
(1) Service as a System member is deemed ``service in
the uniformed services'' for purposes of chapter 43 of
title 38, United States Code, relating to employment
and reemployment rights of individuals who have
performed service in the uniformed services (regardless
of whether the individual receives 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 is deemed
preclusion by ``military necessity'' for purposes of
section 4312(b) of title 38, United States Code,
pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Administrator and shall not be subject
to judicial review.
(k) Licenses and Permits.--If a System member holds a valid
license, certificate, or other permit issued by any State or
other governmental jurisdiction evidencing the member's
qualifications in any professional, mechanical, or other skill
or type of assistance required by the System, the System member
is deemed to be performing a Federal activity when rendering
aid involving such skill or assistance during a period of
appointment into Federal service under subsection (f)(1).
(l) Advisory Committee.--
(1) In general.--The Administrator shall establish
and maintain an advisory committee to provide expert
recommendations to the Administrator in order to assist
the Administrator in administering the System.
(2) Composition.--The advisory committee shall be
composed of members from geographically diverse areas,
and shall include--
(A) the chief officer or senior executive
from at least 3 sponsoring agencies;
(B) the senior emergency manager from at
least 2 States that include sponsoring
agencies; and
(C) at least 1 representative recommended by
the leaders of the task forces.
(3) Inapplicability of termination requirement.--
Section 14(a)(2) of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the advisory
committee under this subsection.
(m) Preparedness Cooperative Agreements.--
(1) In general.--Subject to the availability of
appropriations for such purpose, the Administrator
shall enter into an annual preparedness cooperative
agreement with each sponsoring agency. Amounts made
available to a sponsoring agency under such a
preparedness cooperative agreement shall be for the
following purposes:
(A) Training and exercises, including
training and exercises with other Federal,
State, and local government response entities.
(B) Acquisition and maintenance of equipment,
including interoperable communications and
personal protective equipment.
(C) Medical monitoring required for responder
safety and health in anticipation of and
following a major disaster, emergency, or other
hazard, as determined by the Administrator.
(2) Availability of appropriations.--Notwithstanding
section 1552(b) of title 31, United States Code,
amounts made available for cooperative agreements under
this subsection that are not expended shall be
deposited in an Agency account and shall remain
available for such agreements without fiscal year
limitation.
(n) Response Cooperative Agreements.--The Administrator shall
enter into a response cooperative agreement with each
sponsoring agency, as appropriate, under which the
Administrator agrees to reimburse the sponsoring agency for
costs incurred by the sponsoring agency in responding to a
major disaster or emergency.
(o) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
(p) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out the System and the provisions
of this section $35,250,000 for each of fiscal years
2012, 2013, and 2014.
(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. 328. 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 are in excess of the amount needed for
those efforts, the President may transfer the excess materials,
supplies, or equipment directly to a State, local government,
or relief or disaster assistance 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 the Governor of the affected
State certifies that--
(A) there is an urgent need for the
materials, supplies, or equipment; and
(B) the State is unable to provide the
materials, supplies, or equipment in a timely
manner.
(b) Hazard Defined.--In this section, the term ``hazard'' has
the meaning given that term by section 602.
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
SEC. 401. PROCEDURE FOR DECLARATION.
[All requests for a declaration] (a) In General.--All
requests for a declaration by the President that a major
disaster exists shall be made by the Governor of the affected
State. Such a request shall be based on a finding that the
disaster is of such severity and magnitude that effective
response is beyond the capabilities of the State and the
affected local governments and that Federal assistance is
necessary. As part of such request, and as a prerequisite to
major disaster assistance under this Act, the Governor shall
take appropriate response action under State law and direct
execution of the State's emergency plan. The Governor shall
furnish information on the nature and amount of State and local
resources which have been or will be committed to alleviating
the results of the disaster, and shall certify that, for the
current disaster, State and local government obligations and
expenditures (of which State commitments must be a significant
proportion) will comply with all applicable cost-sharing
requirements of this Act. Based on the request of a Governor
under this section, the President may declare under this Act
that a major disaster or emergency exists.
(b) Indian Tribal Government Requests.--
(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a
declaration by the President that a major disaster
exists consistent with the requirements of subsection
(a).
(2) References.--In implementing assistance
authorized by the President under this Act in response
to a request of the Chief Executive of an affected
Indian tribal government for a major disaster
declaration, any reference in this title or section 319
to a State or the Governor of a State is deemed to
refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal
government, as appropriate.
(3) Savings provision.--Nothing in this subsection
shall prohibit an Indian tribal government from
receiving assistance under this title through a
declaration made by the President at the request of a
State under subsection (a) if the President does not
make a declaration under this subsection for the same
incident.
(c) Cost Share Adjustments for Indian Tribal Governments.--
(1) In general.--In providing assistance to an Indian
tribal government under this title, the President may
waive or adjust any payment of a non-Federal
contribution with respect to the assistance if--
(A) the President has the authority to waive
or adjust the payment under another provision
of this title; and
(B) the President determines that the waiver
or adjustment is necessary and appropriate.
(2) Criteria for making determinations.--The
President shall establish criteria for making
determinations under paragraph (1)(B).
* * * * * * *
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) * * *
* * * * * * *
(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, transferred, or
donated 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, transfer, or
donation, 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 for
the housing units.
* * * * * * *
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, acting through the Administrator of the
Federal Emergency Management Agency, 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.
* * * * * * *
TITLE V--EMERGENCY ASSISTANCE PROGRAMS
SEC. 501. PROCEDURE FOR DECLARATION.
(a) * * *
* * * * * * *
(c) Indian Tribal Government Requests.--
(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a
declaration by the President that an emergency exists
consistent with the requirements of subsection (a).
(2) References.--In implementing assistance
authorized by the President under this title in
response to a request of the Chief Executive of an
affected Indian tribal government for an emergency
declaration, any reference in this title or section 319
to a State or the Governor of a State shall be deemed
to refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal
government, as appropriate.
(3) Savings provision.--Nothing in this subsection
shall prohibit an Indian tribal government from
receiving assistance under this title through a
declaration made by the President at the request of a
State under subsection (a) if the President does not
make a declaration under this subsection for the same
incident.
* * * * * * *
TITLE VI--EMERGENCY PREPAREDNESS
* * * * * * *
Subtitle A--Powers and Duties
* * * * * * *
SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may make grants to provide for implementation
of the Emergency Management Assistance Compact consented to by
Congress in the joint resolution entitled ``Joint resolution
granting the consent of Congress to the Emergency Management
Assistance Compact'' (Public Law 104-321; 110 Stat. 3877).
(b) Eligible Grant Recipients.--States and the Administrator
of the Emergency Management Assistance Compact shall be
eligible to receive grants under subsection (a).
(c) Use of Funds.--A grant received under this section shall
be used--
(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action
reports for the 2004 and 2005 hurricane seasons;
(2) to administer compact operations on behalf of
States, as such term is defined in the compact, that
have enacted the compact;
(3) to continue coordination with the Federal
Emergency Management Agency and appropriate Federal
agencies;
(4) to continue coordination with States and local
governments and their respective national
organizations; and
(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing the providers and the
typing of emergency response resources.
(d) Coordination.--The Administrator of the Federal Emergency
Management Agency shall consult with the Administrator of the
Emergency Management Assistance Compact to ensure effective
coordination of efforts in responding to requests for
assistance.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,000,000 for each
of the fiscal years 2012, 2013, and 2014. Such sums shall
remain available until expended.
* * * * * * *
----------
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]
(E) an individual appointed to a position on
the office staff of a former President under
section 1(b) of the Act of August 25, 1958 (72
Stat. 838);
(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 327 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
but does not include--
(i) * * *
* * * * * * *
----------
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 327 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 327 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.
* * * * * * *
----------
NATIONAL DAM SAFETY PROGRAM ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Dam Safety Program
Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) * * *
(2) Dam.--The term ``dam''--
(A) * * *
(B) does not include--
(i) * * *
(ii) a barrier described in
subparagraph (A) that--
(I) * * *
* * * * * * *
unless the barrier, because of the
location of the barrier or another
physical characteristic of the barrier,
is likely to pose a significant threat
to human life or property if the
barrier fails (as determined by the
[Director] Administrator).
(3) [Director] Administrator.--The term ``[Director]
Administrator'' means the [Director] Administrator of
FEMA.
* * * * * * *
SEC. 3. INSPECTION OF DAMS.
(a) * * *
(b) State Participation.--On request of a State dam safety
agency, with respect to any dam the failure of which would
affect the State, the head of a Federal agency shall--
(1) provide information to the State dam safety
agency on the construction, operation, [or maintenance]
maintenance, condition, or provision for emergency
operations of the dam; or
* * * * * * *
SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.
(a) Establishment.--There is established an Interagency
Committee on Dam Safety--
(1) * * *
(2) chaired by the [Director] Administrator.
* * * * * * *
SEC. 8. NATIONAL DAM SAFETY PROGRAM.
(a) In General.--The [Director] Administrator, in
consultation with ICODS and State dam safety agencies, and the
Board shall establish and maintain, in accordance with this
section, a coordinated national dam safety program. The Program
shall--
(1) * * *
* * * * * * *
(b) Duties.--The [Director] Administrator shall prepare a
strategic plan--
(1) * * *
* * * * * * *
(c) Objectives.--The objectives of the Program are to--
(1) * * *
* * * * * * *
[(4) develop and encourage public awareness projects
to increase public acceptance and support of State dam
safety programs;]
(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist
the public in mitigating against, preparing for,
responding to, and recovering from dam incidents;
* * * * * * *
(e) Assistance for State Dam Safety Programs.--
(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to
ensure dam safety, to protect human life and property,
and to improve State dam safety programs, the
[Director] Administrator shall provide assistance with
amounts made available under section 13 to assist
States in establishing, maintaining, and improving dam
safety programs in accordance with the criteria
specified in paragraph (2).
* * * * * * *
(3) Work plans.--The [Director] Administrator shall
enter into a agreement with each State receiving
assistance under paragraph (2) to develop a work plan
necessary for the State dam safety program to reach a
level of program performance specified in the
agreement.
(4) Maintenance of effort.--Assistance may not be
provided to a State under this subsection for a fiscal
year unless the State enters into such agreement with
the [Director] Administrator as the [Director]
Administrator requires to ensure that the State will
maintain the aggregate expenditures of the State from
all other sources for programs to ensure dam safety for
the protection of human life and property at or above a
level equal to the average annual level of such
expenditures for the 2 fiscal years preceding the
fiscal year.
(5) Approval of programs.--
(A) Submission.--For a State to be eligible
for assistance under this subsection, a plan
for a State dam safety program shall be
submitted to the [Director] Administrator for
approval.
(B) Approval.--A State dam safety program
shall be deemed to be approved 120 days after
the date of receipt by the [Director]
Administrator unless the [Director]
Administrator determines within the 120-day
period that the State dam safety program fails
to meet the requirements of paragraphs (1)
through (3).
(C) Notification of disapproval.--If the
[Director] Administrator determines that a
State dam safety program does not meet the
requirements for approval, the [Director]
Administrator shall immediately notify the
State in writing and provide the reasons for
the determination and the changes that are
necessary for the plan to be approved.
(6) Review of state dam safety programs.--Using the
expertise of the Board, the [Director] Administrator
shall periodically review State dam safety programs. If
the Board finds that a State dam safety program has
proven inadequate to reasonably protect human life and
property and the [Director] Administrator concurs, the
[Director] Administrator shall revoke approval of the
State dam safety program, and withhold assistance under
this subsection, until the State dam safety program
again meets the requirements for approval.
(f) Board.--
(1) Establishment.--The [Director] Administrator
shall establish an advisory board to be known as the
``National Dam Safety Review Board'' to monitor the
safety of dams in the United States, to monitor State
implementation of this section, and to advise the
[Director] Administrator on national dam safety policy.
* * * * * * *
(3) Voting membership.--The Board shall consist of 11
voting members selected by the [Director] Administrator
for expertise in dam safety, of whom--
(A) * * *
* * * * * * *
(F) 5 members shall be selected by the
[Director] Administrator from among State dam
safety officials; and
(G) 1 member shall be selected by the
[Director] Administrator to represent the
private sector.
(4) Nonvoting membership.--The [Director]
Administrator, in consultation with the Board, may
invite a representative of the National Laboratories of
the Department of Energy and may invite representatives
from Federal or State agencies, representatives from
nongovernmental organizations, or dam safety experts,
as needed, to participate in meetings of the Board.
* * * * * * *
(6) Work groups.--The [Director] Administrator may
establish work groups under the Board to assist the
Board in accomplishing its goals. The work groups shall
consist of members of the Board and other individuals
selected by the [Director] Administrator.
* * * * * * *
SEC. 9. RESEARCH.
(a) In General.--The [Director] Administrator, in cooperation
with the Board, shall carry out a program of technical and
archival research to develop and support--
(1) * * *
* * * * * * *
(b) Consultation.--The [Director] Administrator shall provide
for State participation in research under subsection (a) and
periodically advise all States and Congress of the results of
the research.
SEC. 10. DAM SAFETY TRAINING.
At the request of any State that has or intends to develop a
State dam safety program, the [Director] Administrator shall
provide training for State dam safety staff and inspectors.
SEC. 11. REPORTS.
Not later than 90 days after the end of each odd-numbered
fiscal year, the [Director] Administrator shall submit a report
to Congress that--
(1) * * *
* * * * * * *
(4) includes any recommendations for legislative and
other action that the [Director] Administrator
considers necessary.
* * * * * * *
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) National Dam Safety Program.--
(1) Annual amounts.--There are authorized to be
appropriated to FEMA to carry out sections 7, 8, and 11
(in addition to any amounts made available for similar
purposes included in any other Act and amounts made
available under subsections (b) through (e)),
[$6,500,000 for fiscal year 2007, $7,100,000 for fiscal
year 2008, $7,600,000 for fiscal year 2009, $8,300,000
for fiscal year 2010, and $9,200,000 for fiscal year
2011] $8,024,000 for each of fiscal years 2012 through
2015, to remain available until expended.
(2) Allocation.--
(A) * * *
(B) Maximum amount of allocation.--The amount
of funds allocated to a State under this
paragraph may not exceed [50 percent of the
reasonable cost of implementing the State dam
safety program] the amount of funds committed
by the State to implement dam safety program
activities.
(C) Determination.--The [Director]
Administrator and the Board shall determine the
amount allocated to States.
(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 [$650,000 for fiscal year
2007, $700,000 for fiscal year 2008, $750,000 for fiscal year
2009, $800,000 for fiscal year 2010, and $850,000 for fiscal
year 2011] $383,000 for each of fiscal years 2012 through 2015.
(c) Research.--There is authorized to be appropriated to
carry out section 9 [$1,600,000 for fiscal year 2007,
$1,700,000 for fiscal year 2008, $1,800,000 for fiscal year
2009, $1,900,000 for fiscal year 2010, and $2,000,000 for
fiscal year 2011] $1,000,000 for each of fiscal years 2012
through 2015, to remain until expended.
(d) Dam Safety Training.--There is authorized to be
appropriated to carry out section 10 [$550,000 for fiscal year
2007, $600,000 for fiscal year 2008, $650,000 for fiscal year
2009, $700,000 for fiscal year 2010, and $750,000 for fiscal
year 2011] $750,000 for each of fiscal years 2012 through 2015.
(e) Staff.--There is authorized to be appropriated to FEMA
for the employment of such additional staff personnel as are
necessary to carry out sections 8 through 10 [$700,000 for
fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for
fiscal year 2009, $1,000,000 for fiscal year 2010, and
$1,100,000 for fiscal year 2011] $436,000 for each of fiscal
years 2012 through 2015.
* * * * * * *