[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6658 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6658

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to enhance the Nation's disaster preparedness, response, 
     recovery, and mitigation capabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2008

 Mr. Oberstar (for himself, Ms. Norton, Mr. Filner, Mrs. Tauscher, Mr. 
  Boswell, Mr. Bishop of New York, Mr. Carnahan, Mrs. Napolitano, Mr. 
   Braley of Iowa, Mr. Cohen, Mr. Carney, Ms. Matsui, and Ms. Eddie 
  Bernice Johnson of Texas) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to enhance the Nation's disaster preparedness, response, 
     recovery, and mitigation capabilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2008''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

Sec. 101. Pre-disaster hazard mitigation.
Sec. 102. Integrated public alert and warning system modernization.
Sec. 103. Health benefits for temporary employees.
Sec. 104. Disposal of excess property to assist other disaster victims.
Sec. 105. National Urban Search and Rescue Response System.
Sec. 106. Disaster Relief Fund.
       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS

Sec. 201. Additional mitigation assistance.
Sec. 202. Temporary mortgage and rental payments.
Sec. 203. Clarification of grant authority.
Sec. 204. Household pets and service animals.
Sec. 205. Storage, sale, transfer, and disposal of housing units.
                        TITLE III--OTHER MATTERS

Sec. 301. Community preparedness.
Sec. 302. Emergency management assistance compact grants.
Sec. 303. Authority to accept and use gifts.
Sec. 304. Individual assistance factors.
Sec. 305. Technical corrections to references.

    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

SEC. 101. PRE-DISASTER HAZARD MITIGATION.

    (a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is 
amended to read as follows:
    ``(f) Allocation of Funds.--
            ``(1) In general.--The President shall award financial 
        assistance under this section on a competitive basis and in 
        accordance with the criteria in subsection (g).
            ``(2) Minimum and maximum amounts.--In providing financial 
        assistance under this section, the President shall ensure that 
        the amount of financial assistance made available to a State 
        (including amounts made available to local governments of the 
        State) for a fiscal year--
                    ``(A) is not less than the lesser of--
                            ``(i) $575,000; or
                            ``(ii) the amount that is equal to one 
                        percent of the total funds appropriated to 
                        carry out this section for the fiscal year; and
                    ``(B) does not exceed the amount that is equal to 
                15 percent of the total funds appropriated to carry out 
                this section for the fiscal year.''.
    (b) Authorization of Appropriations.--Section 203(m) of such Act 
(42 U.S.C. 5133(m)) is amended to read as follows:
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2009, 2010, and 2011.''.
    (c) References.--Section 203 of such Act (42 U.S.C. 5133) is 
amended--
            (1) in the section heading by striking ``predisaster'' and 
        inserting ``pre-disaster'';
            (2) in the subsection heading for subsection (i) by 
        striking ``Predisaster'' and inserting ``Pre-Disaster'';
            (3) by striking ``Predisaster'' each place it appears and 
        inserting ``Pre-Disaster''; and
            (4) by striking ``predisaster'' each place it appears and 
        inserting ``pre-disaster''.

SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

    (a) In General.--Section 202 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by 
adding at the end the following:
    ``(e) 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 can 
                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--
                    ``(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; and
                    ``(D) ensure the conduct of training, tests, and 
                exercises for 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 where 
                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) Pilot programs.--
                    ``(A) In general.--The Administrator may conduct 
                pilot programs for the purpose of demonstrating the 
                feasibility of using a variety of methods for achieving 
                the system requirements specified in paragraph (3).
                    ``(B) Report.--Not later than 6 months after the 
                date of enactment of this subsection, and annually 
                thereafter for the duration of the pilot programs, 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 
                containing--
                            ``(i) a description and assessment of the 
                        effectiveness of the pilot programs;
                            ``(ii) any recommendations of the 
                        Administrator for additional authority to 
                        continue the pilot programs or make any of the 
                        programs permanent; and
                            ``(iii) any other findings and conclusions 
                        of the Administrator with respect to the pilot 
                        programs.
            ``(5) Implementation plan.--Not later than 6 months after 
        the date of submission of the final 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 for implementing this subsection. 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.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $37,000,000 for 
        fiscal year 2009 and such sums as may be necessary for each 
        fiscal year thereafter.''.
    (b) Integrated Public Alert and Warning System Modernization 
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 (or the Chairman's designee).
                    (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce (or the Administrator's designee).
                    (C) The Assistant Secretary for Communications and 
                Information of the Department of Commerce (or the 
                Assistant Secretary's designee).
                    (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 (or the Administrator's 
        designee) 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 
        and submit in its final report 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;
                    (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 
                        where 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.
            (7) Final report.--Not later than one 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 60 days following the submission of its final 
        report.
    (c) 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)''.
    (d) Limitation on Statutory Construction.--Nothing in this section 
(including the amendment made by this section) shall be construed to 
affect the authority of the Department of Commerce or the Federal 
Communications Commission.

SEC. 103. HEALTH BENEFITS FOR TEMPORARY EMPLOYEES.

    Section 306 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the 
following:
    ``(c) Health Benefits.--
            ``(1) In general.--Notwithstanding any provision of title 
        5, United States Code, or related regulations limiting or 
        prohibiting the provision of health benefits for temporary or 
        intermittent employees, personnel appointed under subsection 
        (b)(1) shall be eligible to enroll in the Federal Employees 
        Health Benefits plan or any successor health benefits plan 
        approved and administered by the Office of Personnel Management 
        under terms and conditions set by the agency appointing the 
        temporary personnel.
            ``(2) Annual report.--Not later than one year after the 
        date of enactment of this subsection, and annually thereafter, 
        the President shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the implementation of this subsection.''.

SEC. 104. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER VICTIMS.

    (a) Disposal of Excess Materials, Supplies, and Equipment.--Title 
III of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the 
following:

``SEC. 327. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, AND EQUIPMENT.

    ``(a) In General.--Notwithstanding any other provision of law, if 
the President determines that materials, supplies, or equipment 
acquired by the President pursuant to title IV or V for response or 
recovery efforts in connection with a major disaster or emergency are 
in excess of the amount needed for those efforts, the President may 
transfer the excess materials, supplies, or equipment, by sale, at a 
price that is fair and equitable, directly to a State, local 
government, or relief or disaster assistance organization for the 
purpose of--
            ``(1) assisting disaster victims in other major disasters 
        and emergencies; and
            ``(2) assisting victims in incidents caused by a hazard 
        that do not result in a declaration of a major disaster or 
        emergency if--
                    ``(A) the Governor of the affected State certifies 
                that--
                            ``(i) there is an urgent need for the 
                        materials, supplies, or equipment; and
                            ``(ii) the State is unable to provide the 
                        materials, supplies, or equipment in a timely 
                        manner; and
                    ``(B) the President determines that the materials, 
                supplies, or equipment are not readily available from 
                commercial sources, except that this subparagraph shall 
                not apply in the case of a transfer of perishable 
                supplies.
    ``(b) Deposit of Proceeds.--Notwithstanding any other provision of 
law, any proceeds received under subsection (a) shall be deposited in 
the appropriate Disaster Relief Fund account.
    ``(c) Hazard Defined.--In this section, the term `hazard' has the 
meaning given that term by section 602.''.
    (b) Disposal of Temporary Housing Units.--
            (1) Disposal.--Section 408(d)(2)(B)(ii) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5174(d)(2)(B)(ii)) is amended by striking ``victims in 
        major disasters and emergencies'' and inserting ``victims in 
        major disasters and emergencies and in incidents caused by a 
        hazard that do not result in a declaration of a major disaster 
        or emergency''.
            (2) Limitation.--Section 408(d)(2) of such Act (42 U.S.C. 
        5174(d)(2)) is amended by adding at the end the following:
                    ``(C) Limitation.--In the case of an incident 
                caused by a hazard that does not result in a 
                declaration of a major disaster or emergency, the 
                President may make temporary housing units available 
                under subparagraph (B)(ii) only if--
                            ``(i) the Governor of the affected State 
                        certifies that--
                                    ``(I) there is an urgent need for 
                                the temporary housing units; and
                                    ``(II) the State is unable to 
                                provide the temporary housing units in 
                                a timely manner; and
                            ``(ii) the President determines that the 
                        temporary housing units are not readily 
                        available from commercial sources.
                    ``(D) Hazard defined.--In this paragraph, the term 
                `hazard' has the meaning given that term by section 
                602.''.
            (3) Special rule.--In the case of an unused temporary 
        housing unit described in section 689k of the Post-Katrina 
        Emergency Management Reform Act of 2006 (Public Law 109-295; 
        120 Stat. 1456), the President may dispose of the unit in 
        accordance with the requirements of that section or in 
        accordance with section 408(d)(2)(B)(ii) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5174(d)(2)(B)(ii)), as amended by this section.

SEC. 105. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended 
by adding at the end the following:

``SEC. 328. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Agency.--The term `Agency' means the Federal 
        Emergency Management Agency.
            ``(3) Hazard.--The term `hazard' has the meaning given that 
        term by section 602.
            ``(4) Non-employee system member.--The term `non-employee 
        System member' means a System member not employed by a 
        sponsoring agency or participating agency.
            ``(5) Participating agency.--The term `participating 
        agency' means a State or local government, nonprofit 
        organization, or private organization that has executed an 
        agreement with a sponsoring agency to participate in the 
        System.
            ``(6) Sponsoring agency.--The term `sponsoring agency' 
        means a State or local government that is the sponsor of a task 
        force designated by the Administrator to participate in the 
        System.
            ``(7) System.--The term `System' means the National Urban 
        Search and Rescue Response System to be administered under this 
        section.
            ``(8) System member.--The term `System member' means an 
        individual who is not a full-time employee of the Federal 
        Government, who serves on a task force or on a System 
        management or other technical team.
            ``(9) Task force.--The term `task force' means an urban 
        search and rescue team designated by the Administrator to 
        participate in the System.
    ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the emergency 
response system known as the `National Urban Search and Rescue Response 
System'.
    ``(c) Functions.--In administering the System, the Administrator 
shall provide for a national network of standardized search and rescue 
resources to assist States and local governments in responding to 
hazards.
    ``(d) Task Forces.--
            ``(1) Designation.--The Administrator shall designate task 
        forces to participate in the System. The Administrator shall 
        determine the criteria for such participation.
            ``(2) Sponsoring agencies.--Each task force shall have a 
        sponsoring agency. The Administrator shall enter into an 
        agreement with the sponsoring agency of each task force with 
        respect to the participation of the task force in the System.
            ``(3) Composition.--
                    ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency of 
                the task force, one or more participating agencies. The 
                sponsoring agency of a task force shall enter into an 
                agreement with each participating agency of the task 
                force with respect to the participation of the 
                participating agency on the task force.
                    ``(B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring agency of 
                the task force, other individuals not otherwise 
                associated with the sponsoring agency or a 
                participating agency of the task force. The sponsoring 
                agency of a task force may enter into a separate 
                agreement with each such individual with respect to the 
                participation of the individual on the task force.
    ``(e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the System.
    ``(f) Appointment of System Members Into Federal Service.--
            ``(1) In general.--The Administrator may appoint a System 
        member into Federal service for a period of service to provide 
        for the participation of the System member in exercises, 
        preincident staging, major disaster and emergency response 
        activities, and training events sponsored or sanctioned by the 
        Administrator.
            ``(2) Nonapplicability of certain civil service laws.--The 
        Administrator may make appointments under paragraph (1) without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
            ``(3) Relationship to other authorities.--The authority of 
        the Administrator to make appointments under this subsection 
        shall not affect any other authority of the Administrator under 
        this Act.
            ``(4) Limitation.--A System member who is appointed into 
        Federal service under paragraph (1) shall not be deemed an 
        employee of the United States for purposes other than those 
        specifically set forth in this section.
    ``(g) Compensation.--
            ``(1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by regulation, the 
        Administrator shall make payments to the sponsoring agency of a 
        task force--
                    ``(A) to reimburse each employer of a System member 
                on the task force for compensation paid by the employer 
                to the System member for any period during which the 
                System member is appointed into Federal service under 
                subsection (f)(1); and
                    ``(B) to make payments directly to a non-employee 
                System member on the task force for any period during 
                which the non-employee System member is appointed into 
                Federal service under subsection (f)(1).
            ``(2) Reimbursement for employees filling positions of 
        system members.--
                    ``(A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make payments to 
                the sponsoring agency of a task force to reimburse each 
                employer of a System member on the task force for 
                compensation paid by the employer to an employee 
                filling a position normally filled by the System member 
                for any period during which the System member is 
                appointed into Federal service under subsection (f)(1).
                    ``(B) Limitation.--Costs incurred by an employer 
                shall be eligible for reimbursement under subparagraph 
                (A) only to the extent that the costs are in excess of 
                the costs that would have been incurred by the employer 
                had the System member not been appointed into Federal 
                service under subsection (f)(1).
            ``(3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period during 
        which the System member is appointed into Federal service under 
        subsection (f)(1).
    ``(h) Personal Injury, Illness, Disability, or Death.--
            ``(1) In general.--A System member who is appointed into 
        Federal service under subsection (f)(1) and who suffers 
        personal injury, illness, disability, or death as a result of a 
        personal injury sustained while acting in the scope of such 
        appointment shall, for the purposes of subchapter I of chapter 
        81 of title 5, United States Code, be treated as though the 
        member were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance of duty.
            ``(2) Election of benefits.--
                    ``(A) In general.--If a System member (or, in the 
                case of the death of the System member, the System 
                member's dependent) is entitled--
                            ``(i) under paragraph (1) to receive 
                        benefits under subchapter I of chapter 81 of 
                        title 5, United States Code, by reason of 
                        personal injury, illness, disability, or death, 
                        and
                            ``(ii) to receive benefits from a State or 
                        local government by reason of the same personal 
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive 
                either the benefits referred to in clause (i) or (ii).
                    ``(B) Deadline.--A System member or dependent shall 
                make an election of benefits under subparagraph (A) not 
                later than one year after the date of the personal 
                injury, illness, disability, or death that is the 
                reason for the benefits or until such later date as the 
                Secretary of Labor may allow for reasonable cause 
                shown.
                    ``(C) Effect of election.--An election of benefits 
                made under this paragraph is irrevocable unless 
                otherwise provided by law.
            ``(3) Reimbursement for state or local benefits.--Subject 
        to such terms and conditions as the Administrator may impose by 
        regulation, in the event that a System member or dependent 
        elects benefits from a State or local government under 
        paragraph (2)(A), the Administrator shall reimburse the State 
        or local government for the value of those benefits.
    ``(i) Liability.--A System member appointed into Federal service 
under subsection (f)(1), while acting within the scope of the 
appointment, is deemed an employee of the Government under section 
1346(b) of title 28, United States Code, and chapter 171 of that title, 
relating to tort claims procedure.
    ``(j) Employment and Reemployment Rights.--With respect to a System 
member who is not a regular full-time employee of a sponsoring agency 
or participating agency, the following terms and conditions apply:
            ``(1) Service as a System member shall be deemed `service 
        in the uniformed services' for purposes of chapter 43 of title 
        38, United States Code, relating to employment and reemployment 
        rights of individuals who have performed service in the 
        uniformed services (regardless of whether the individual 
        receives compensation for such participation). All rights and 
        obligations of such persons and procedures for assistance, 
        enforcement, and investigation shall be as provided for in such 
        chapter.
            ``(2) Preclusion of giving notice of service by necessity 
        of appointment under this section shall be deemed preclusion by 
        `military necessity' for purposes of section 4312(b) of title 
        38, United States Code, pertaining to giving notice of absence 
        from a position of employment. A determination of such 
        necessity shall be made by the Administrator and shall not be 
        subject to judicial review.
    ``(k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or other 
governmental jurisdiction evidencing the member's qualifications in any 
professional, mechanical, or other skill or type of assistance required 
by the System, the System member shall be deemed to be performing a 
Federal activity when rendering aid involving such skill or assistance 
during a period of appointment into Federal service under subsection 
(f)(1).
    ``(l) Advisory Committee.--
            ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
            ``(2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, and 
        shall include--
                    ``(A) the chief officer or senior executive from at 
                least 3 sponsoring agencies;
                    ``(B) the senior emergency manager from at least 2 
                States that include sponsoring agencies; and
                    ``(C) at least one representative recommended by 
                the leaders of the task forces.
            ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
    ``(m) Preparedness Cooperative Agreements.--
            ``(1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator shall enter 
        into an annual preparedness cooperative agreement with each 
        sponsoring agency. Amounts made available to a sponsoring 
        agency under such a preparedness cooperative agreement shall be 
        for the following purposes:
                    ``(A) Training and exercises, including training 
                and exercises with other Federal, State, and local 
                government response entities.
                    ``(B) Acquisition and maintenance of equipment, 
                including interoperable communications and personal 
                protective equipment.
                    ``(C) Medical monitoring required for responder 
                safety and health in anticipation of and following a 
                major disaster, emergency, or other hazard, as 
                determined by the Administrator.
            ``(2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, amounts made 
        available for cooperative agreements under this subsection that 
        are not expended shall be deposited in an Agency account and 
        shall remain available for such agreements without fiscal year 
        limitation.
    ``(n) Response Cooperative Agreements.--The Administrator shall 
enter into a response cooperative agreement with each sponsoring 
agency, as appropriate, under which the Administrator agrees to 
reimburse the sponsoring agency for costs incurred by the sponsoring 
agency in responding to a major disaster or emergency.
    ``(o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
    ``(p) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $52,000,000 for each of fiscal years 
        2009, 2010, and 2011. Such sums shall be in addition to amounts 
        made available from the Disaster Relief Fund for response 
        cooperative agreements entered into under subsection (n).
            ``(2) Administrative expenses.--The Administrator may use 
        not to exceed 6 percent of the funds appropriated for a fiscal 
        year pursuant to paragraph (1) for salaries, expenses, and 
        other administrative costs incurred by the Administrator in 
        carrying out this section.''.
    (b) Conforming Amendments.--
            (1) Applicability of title 5, united states code.--Section 
        8101(1) of title 5, United States Code, is amended--
                    (A) in subparagraph (D) by striking ``and'' at the 
                end;
                    (B) by moving subparagraph (F) to appear after 
                subparagraph (E);
                    (C) in subparagraph (F) by adding ``and'' at the 
                end; and
                    (D) by inserting after subparagraph (F) the 
                following:
                    ``(G) an individual who is a System member of the 
                National Urban Search and Rescue Response System during 
                a period of appointment into Federal service pursuant 
                to section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act;''.
            (2) Inclusion as part of uniformed services for purposes of 
        userra.--Section 4303 of title 38, United States Code, is 
        amended--
                    (A) in paragraph (13) by inserting ``, a period for 
                which a System member of the National Urban Search and 
                Rescue Response System is absent from a position of 
                employment due to an appointment into Federal service 
                under section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act'' before ``, and a 
                period''; and
                    (B) in paragraph (16) by inserting after ``Public 
                Health Service,'' the following: ``System members of 
                the National Urban Search and Rescue Response System 
                during a period of appointment into Federal service 
                under section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.

SEC. 106. DISASTER RELIEF FUND.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) is further amended by adding at 
the end the following:

``SEC. 329. DISASTER RELIEF FUND.

    ``(a) In General.--There is in the Treasury a fund known as the 
Disaster Relief Fund.
    ``(b) Deposits and Credits.--The Fund shall consist of amounts 
appropriated and credited to the Fund pursuant to this Act.
    ``(c) Eligible Uses of Fund.--Amounts in the Fund shall be 
available to the President, as provided in advance in appropriations 
Acts--
            ``(1) to provide assistance in response to a major disaster 
        or emergency pursuant to titles IV and V; and
            ``(2) for programs and activities of the Federal Emergency 
        Management Agency that support the provision of such 
        assistance, including programs and activities that are not 
        readily attributable to a single major disaster or emergency.
    ``(d) Support Programs.--The programs and activities referred to in 
subsection (c)(2) include the programs and activities authorized by 
sections 302, 303, and 306(b).
    ``(e) Limitation.--Amounts made available from the Fund for 
programs and activities referred to in subsection (c)(2) may not exceed 
$300,000,000 in any fiscal year.
    ``(f) Annual Report.--On or before the date on which the President 
submits the budget of the United States to the Congress under section 
1105 of title 31, United States Code, the President shall submit each 
year to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the uses of the Fund in 
the previous fiscal year.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund such sums as may be necessary.
    ``(h) Availability of Amounts.--Amounts in the Fund shall remain 
available until expended.''.

       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS

SEC. 201. ADDITIONAL MITIGATION ASSISTANCE.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(d) Additional Mitigation Assistance.--
            ``(1) In general.--If, at the time of a declaration of a 
        major disaster, the affected State has in effect and is 
        actively enforcing throughout the State an approved State 
        building code, the President may increase the maximum total of 
        contributions under this section for the major disaster, as 
        specified in subsection (a), by an amount equal to 4 percent of 
        the estimated aggregate amount of grants to be made (less any 
        associated administrative costs) under this Act with respect to 
        the major disaster.
            ``(2) Submission.--To be eligible for an increased Federal 
        share under paragraph (1), a State, at least once every 6 
        years, shall submit its State building code to the President 
        for approval.
            ``(3) Approval.--The President shall approve a State 
        building code submitted under paragraph (2) if the President 
        determines that the building code--
                    ``(A) is consistent with the most recent version of 
                a nationally recognized model building code;
                    ``(B) has been adopted by the State within 6 years 
                of the most recent version of the nationally recognized 
                model building code; and
                    ``(C) uses the nationally recognized model building 
                code as a minimum standard.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Actively enforcing.--The term `actively 
                enforcing' means effective jurisdictional execution of 
                all phases of a State building code in the process of 
                examination and approval of construction plans, 
                specifications, and technical data and the inspection 
                of new construction or renovation.
                    ``(B) Nationally recognized model building code.--
                The term `nationally recognized model building code' 
                means a building code for residential and commercial 
                construction and construction materials that--
                            ``(i) has been developed and published by a 
                        code organization in an open consensus type 
                        forum with input from national experts; and
                            ``(ii) is based on national structural 
                        design standards that establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of residential 
                        and commercial buildings for the purpose of 
                        protecting the health, safety, and general 
                        welfare of the building's users against natural 
                        disasters.
                    ``(C) State building code.--The term `State 
                building code' means requirements and associated 
                standards for residential and commercial construction 
                and construction materials that are implemented on a 
                statewide basis by ordinance, resolution, law, housing 
                or building code, or zoning ordinance. At a minimum, 
                such requirements and associated standards shall 
                apply--
                            ``(i) to construction-related activities of 
                        residential building contractors applicable to 
                        single-family and 2-family residential 
                        structures; and
                            ``(ii) to construction-related activities 
                        of engineers, architects, designers, and 
                        commercial building contractors applicable to 
                        the structural safety, design, and construction 
                        of commercial, industrial, and multifamily 
                        structures.
            ``(5) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection, the President, acting through 
        the Administrator of the Federal Emergency Management Agency, 
        shall issue such regulations as may be necessary to carry out 
        this subsection.''.

SEC. 202. TEMPORARY MORTGAGE AND RENTAL PAYMENTS.

    Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at 
the end the following:
            ``(5) Temporary mortgage and rental payments.--The 
        President may provide assistance on a temporary basis in the 
        form of mortgage or rental payments to or on behalf of 
        individuals and families who, as a result of financial hardship 
        caused by a major disaster, are at imminent risk of 
        dispossession or eviction from a residence by reason of 
        foreclosure of any mortgage or lien, cancellation of any 
        contract for sale, or termination of any lease, entered into 
        prior to such disaster. Such assistance shall be provided for 
        the duration of the period of financial hardship, but not to 
        exceed 18 months of assistance or the maximum amount of 
        assistance that is authorized to be provided pursuant to 
        subsection (h).''.

SEC. 203. CLARIFICATION OF GRANT AUTHORITY.

    (a) Section 418.--Section 418 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5185) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        President'';
            (2) by inserting ``to provide assistance, including grants, 
        equipment, supplies, and personnel, in order'' before ``to 
        establish''; and
            (3) by adding at the end the following:
    ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
    (b) Section 419.--Section 419 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5186) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        President'';
            (2) by inserting ``to provide assistance, including grants, 
        equipment, supplies, and personnel, in order'' before ``to 
        provide'' the first place it appears; and
            (3) by adding at the end the following:
    ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
    (c) Section 309.--Section 309(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act is amended by adding ``, including 
grant agreements,'' after ``agreements''.

SEC. 204. HOUSEHOLD PETS AND SERVICE ANIMALS.

    (a) Emergency Assistance.--Section 502(a) of Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) provide assistance for rescue, care, shelter, and 
        essential needs--
                    ``(A) to individuals with household pets and 
                service animals; and
                    ``(B) to such pets and animals.''.
    (b) Technical Corrections.--Section 403(a)(3) of such Act (42 
U.S.C. 5170b(a)(3)) is amended--
            (1) in subparagraph (B) by striking ``medical equipment,,'' 
        and inserting ``medical equipment,''; and
            (2) by striking the second subparagraph (J), as added by 
        section 4 of Public Law 109-308.

SEC. 205. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING UNITS.

    (a) In General.--Not later than 3 months after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall complete an assessment of the number of 
temporary housing units purchased by the Agency that the Administrator 
finds necessary to stock to respond to major disasters and emergencies 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) occurring after the date of enactment of 
this Act.
    (b) Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        for--
                    (A) permanently storing the temporary housing units 
                that the Administrator finds necessary to stock under 
                subsection (a);
                    (B) selling, transferring, or otherwise disposing 
                of the temporary housing units that the Administrator 
                finds are in excess of the number that the 
                Administrator finds necessary to stock under subsection 
                (a) and are in usable condition; and
                    (C) disposing of the temporary housing units that 
                the Administrator finds are not in usable condition.
            (2) Exception.--
                    (A) In general.--If the Administrator submits to 
                Congress a written certification that the Administrator 
                is unable to determine the safe level of exposure to 
                formaldehyde for purposes of travel trailers, the 
                Administrator may exclude from the plan established 
                under paragraph (1) any travel trailer that the 
                Administrator determines may contain formaldehyde.
                    (B) Duration.--The authority to exclude travel 
                trailers under this paragraph shall terminate on the 
                date on which the Environmental Protection Agency or 
                other appropriate department or agency promulgates 
                regulations regarding exposure levels for formaldehyde 
                that are applicable to travel trailers.
            (3) Applicability of disposal requirements.--The plan 
        established under paragraph (1) shall be subject to--
                    (A) the requirements of section 408(d)(2) of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5174(d)(2)), as amended by 
                this Act;
                    (B) the special rule contained in section 103(b)(3) 
                of this Act; and
                    (C) any other applicable provision of law.
    (c) Implementation.--Not later than 9 months after the date of 
enactment of this Act, the Administrator shall implement the plan 
described in subsection (b).
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the status of the distribution, sale, transfer, or 
other disposal of the unused temporary housing units purchased by the 
Agency.

                        TITLE III--OTHER MATTERS

SEC. 301. COMMUNITY PREPAREDNESS.

    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. COMMUNITY PREPAREDNESS.

    ``(a) Citizen Corps.--The Administrator shall continue to 
administer the citizen preparedness program known as the `Citizen 
Corps'.
    ``(b) Activities.--In carrying out the program, the Administrator 
may--
            ``(1) collaborate with community leaders to coordinate and 
        leverage efforts to strengthen community involvement in 
        preparedness, planning, mitigation, response, and recovery for 
        hazards;
            ``(2) educate and train citizens in emergency preparedness 
        and mitigation; and
            ``(3) train citizens in basic response skills, including 
        fire safety, light search and rescue, and medical operations in 
        preparation for hazards.
    ``(c) Community Emergency Response Team Program.--In carrying out 
the program, the Administrator shall continue to administer the 
Community Emergency Response Team Program.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $30,000,000 for fiscal year 2009;
            ``(2) $35,000,000 for fiscal year 2010; and
            ``(3) $40,000,000 for fiscal year 2011.
    ``(e) Allocation of Funds.--Of the amounts appropriated to carry 
out this section for a fiscal year, not to exceed $2,000,000 may be 
used to carry out the Community Emergency Response Team Program.''.

SEC. 302. 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 further amended by adding at the end the following:

``SEC. 618. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

    ``(a) In General.--The Administrator may make grants to provide for 
implementation of the Emergency Management Assistance Compact consented 
to by Congress in the joint resolution entitled `Joint resolution 
granting the consent of Congress to the Emergency Management Assistance 
Compact' (Public Law 104-321; 110 Stat. 3877).
    ``(b) Eligible Grant Recipients.--States and the Administrator of 
the Emergency Management Assistance Compact shall be eligible to 
receive grants under subsection (a).
    ``(c) Use of Funds.--A grant received under this section shall be 
used--
            ``(1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action reports 
        for the 2004 and 2005 hurricane seasons;
            ``(2) to administer compact operations on behalf of States, 
        as such term is defined in the compact, that have enacted the 
        compact;
            ``(3) to continue coordination with the Agency and 
        appropriate Federal agencies;
            ``(4) to continue coordination with States and local 
        governments and their respective national organizations; and
            ``(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the typing of 
        emergency response resources.
    ``(d) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000 for each of fiscal 
years 2009, 2010, and 2011. 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. 303. AUTHORITY TO ACCEPT AND USE GIFTS.

    The first sentence of section 701(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201(b)) is 
amended by inserting ``, through any means including grants,'' before 
``bequests''.

SEC. 304. INDIVIDUAL ASSISTANCE FACTORS.

     In order to provide more objective criteria for evaluating the 
need for assistance to individuals and to speed a declaration of a 
major disaster or emergency under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later 
than one year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency, in 
cooperation with representatives of State and local emergency 
management agencies, shall review, update, and revise through 
rulemaking the factors considered under section 206.48 of title 44, 
Code of Federal Regulations, to measure the severity, magnitude, and 
impact of a disaster.

SEC. 305. TECHNICAL CORRECTIONS TO REFERENCES.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended--
            (1) in section 602(a) by striking paragraph (7) and 
        inserting the following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
            (2) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                    (A) the second and fourth places it appears in 
                section 622(c); and
                    (B) in section 626(b).
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