[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6728 Introduced in House (IH)]

112th CONGRESS
  2nd Session
                                H. R. 6728

  To reauthorize the programs and activities of the Federal Emergency 
               Management Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 1, 2013

   Mr. Denham (for himself, Mr. Mica, and Mr. Rahall) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the programs and activities of the Federal Emergency 
               Management Agency, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster Recovery 
Reform Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Hazard mitigation.
Sec. 3. Individual assistance factors.
Sec. 4. Public assistance program alternative procedures.
Sec. 5. Tribal requests for a major disaster or emergency declaration 
                            under the Stafford Act.
Sec. 6. Federal assistance to individuals and households.
Sec. 7. Simplified procedures.
Sec. 8. Unified Federal review.
Sec. 9. Child care.
Sec. 10. Essential assistance.
Sec. 11. State hazard mitigation plans.
Sec. 12. Other methods of disposal.
Sec. 13. Integrated public alert and warning system modernization.
Sec. 14. Report on impacts of Hurricane Sandy.
Sec. 15. Urban Search and Rescue Response System.
Sec. 16. Recovery commissions.
Sec. 17. Enhancing response and recovery operations and programs.
Sec. 18. Federal recovery preparedness officials.
Sec. 19. Dispute resolution pilot program.

SEC. 2. HAZARD MITIGATION.

    (a) Streamlined Procedures; Advance 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) Streamlined Procedures.--
            ``(1) In general.--For the purpose of providing assistance 
        under this section, the President shall ensure that--
                    ``(A) adequate resources are devoted to ensure that 
                applicable environmental reviews under the National 
                Environmental Policy Act of 1969 and historic 
                preservation reviews under the National Historic 
                Preservation Act are completed on an expeditious basis; 
                and
                    ``(B) the shortest existing applicable process 
                under the National Environmental Policy Act of 1969 and 
                the National Historic Preservation Act is utilized.
            ``(2) Authority for other expedited procedures.--The 
        President may utilize expedited procedures in addition to those 
        required under paragraph (1) for the purpose of providing 
        assistance under this section, such as procedures under the 
        Prototype Programmatic Agreement of the Federal Emergency 
        Management Agency, for the consideration of multiple structures 
        as a group and for an analysis of the cost-effectiveness and 
        fulfillment of cost-share requirements for proposed hazard 
        mitigation measures.
    ``(e) Advance Assistance.--The President may provide not more than 
25 percent of the amount of the estimated cost of hazard mitigation 
measures to a State grantee eligible for a grant under this section 
before eligible costs are incurred.''.
    (b) Establishment of Criteria Relating to Administration of Hazard 
Mitigation Assistance by States.--Section 404(c)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(c)(2)) is amended by inserting after ``applications submitted 
under paragraph (1).'' the following: ``Until such time as the 
Administrator promulgates regulations to implement this paragraph, the 
Administrator may waive notice and comment rulemaking, if the 
Administrator determines doing so is necessary to expeditiously 
implement this section, and may carry out this section as a pilot 
program.''.
    (c) Applicability.--The authority under the amendments made by this 
section shall apply to--
            (1) any major disaster or emergency declared under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) on or after the date of enactment of 
        this Act; and
            (2) a major disaster or emergency declared under that Act 
        before the date of enactment of this Act for which the period 
        for processing requests for assistance has not ended as of the 
        date of enactment of this Act.

SEC. 3. INDIVIDUAL ASSISTANCE FACTORS.

    In order to provide more objective criteria for evaluating the need 
for assistance to individuals, to clarify the threshold for eligibility 
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 (including section 206.48(b)(2) of such 
title relating to trauma and the specific conditions or losses that 
contribute to trauma), to measure the severity, magnitude, and impact 
of a disaster.

SEC. 4. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) by redesignating the second section 425 (relating to 
        essential service providers) as section 427; and
            (2) by adding at the end the following:

``SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

    ``(a) Approval of Projects.--The President, acting through the 
Administrator of the Federal Emergency Management Agency, may approve 
projects under the alternative procedures adopted under this section 
for any major disaster or emergency declared on or after the date of 
enactment of this section. The Administrator may also apply the 
alternate procedures adopted under this section to a major disaster or 
emergency declared before enactment of this Act for which construction 
has not begun as of the date of enactment of this Act.
    ``(b) Adoption.--The Administrator, in coordination with States, 
tribal and local governments, and owners or operators of private 
nonprofit facilities, may adopt alternative procedures to administer 
assistance provided under sections 403(a)(3)(A), 406, 407, and 
502(a)(5).
    ``(c) Goals of Procedures.--The alternative procedures adopted 
under subsection (a) shall further the goals of--
            ``(1) reducing the costs to the Federal Government of 
        providing such assistance;
            ``(2) increasing flexibility in the administration of such 
        assistance;
            ``(3) expediting the provision of such assistance to a 
        State, tribal or local government, or owner or operator of a 
        private nonprofit facility; and
            ``(4) providing financial incentives and disincentives for 
        a State, tribal or local government, or owner or operator of a 
        private nonprofit facility for the timely and cost-effective 
        completion of projects with such assistance.
    ``(d) Participation.--Participation in the alternative procedures 
adopted under this section shall be at the election of a State, tribal 
or local government, or owner or operator of a private nonprofit 
facility consistent with procedures determined by the Administrator.
    ``(e) Minimum Procedures.--The alternative procedures adopted under 
this section shall include the following:
            ``(1) For repair, restoration, and replacement of damaged 
        facilities under section 406--
                    ``(A) making grants on the basis of fixed 
                estimates, if the State, tribal or local government, or 
                owner or operator of the private nonprofit facility 
                agrees to be responsible for any actual costs that 
                exceed the estimate;
                    ``(B) providing an option for a State, tribal or 
                local government, or owner or operator of a private 
                nonprofit facility to elect to receive an in-lieu 
                contribution, without reduction, on the basis of 
                estimates of--
                            ``(i) the cost of repair, restoration, 
                        reconstruction, or replacement of a public 
                        facility owned or controlled by the State, 
                        tribal or local government or owner or operator 
                        of a private nonprofit facility; and
                            ``(ii) management expenses;
                    ``(C) 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 adopted under the procedures;
                    ``(D) if the actual costs of a project completed 
                under the procedures are less than the estimated costs 
                thereof, the Administrator may permit a grantee or 
                subgrantee to use all or part of the excess funds for--
                            ``(i) cost-effective activities that reduce 
                        the risk of future damage, hardship, or 
                        suffering from a major disaster; and
                            ``(ii) other activities to improve future 
                        Public Assistance operations or planning;
                    ``(E) in determining eligible costs under section 
                406, the Administrator shall make available, at an 
                applicant's request and where the Administrator or the 
                certified cost estimate prepared by the applicant's 
                professionally licensed engineers has estimated an 
                eligible Federal share for a project of at least 
                $5,000,000, an independent expert panel to validate the 
                estimated eligible cost consistent with applicable 
                regulations and policies implementing this section; and
                    ``(F) in determining eligible costs under section 
                406, the Administrator shall, at the applicant's 
                request, consider properly conducted and certified cost 
                estimates prepared by professionally licensed engineers 
                (mutually agreed upon by the Administrator and the 
                applicant), to the extent that such estimates comply 
                with applicable regulations, policy, and guidance.
            ``(2) For debris removal under sections 403(a)(3)(A), 407, 
        and 502(a)(5)--
                    ``(A) making grants on the basis of fixed estimates 
                to provide financial incentives and disincentives for 
                the timely or cost-effective completion if the State, 
                tribal or local government, or owner or operator of the 
                private nonprofit facility agrees to be responsible to 
                pay for any actual costs that exceed the estimate;
                    ``(B) using a sliding scale for determining the 
                Federal share for removal of debris and wreckage based 
                on the time it takes to complete debris and wreckage 
                removal;
                    ``(C) allowing use of program income from recycled 
                debris without offset to the grant amount;
                    ``(D) reimbursing base and overtime wages for 
                employees and extra hires of a State, tribal or local 
                government, or owner or operator of a private nonprofit 
                facility performing or administering debris and 
                wreckage removal;
                    ``(E) providing incentives to a State or tribal or 
                local government to have a debris management plan 
                approved by the Administrator and have pre-qualified 1 
                or more debris and wreckage removal contractors before 
                the date of declaration of the major disaster; and
                    ``(F) if the actual costs of projects under 
                subparagraph (A) are less than the estimated costs of 
                the project, the Administrator may permit a grantee or 
                subgrantee to use all or part of the excess funds for--
                            ``(i) debris management planning;
                            ``(ii) acquisition of debris management 
                        equipment for current or future use; and
                            ``(iii) other activities to improve future 
                        debris removal operations, as determined by the 
                        Administrator.
    ``(f) Waiver Authority.--Until such time as the Administrator 
promulgates regulations to implement this section, the Administrator 
may--
            ``(1) waive notice and comment rulemaking, if the 
        Administrator determines the waiver is necessary to 
        expeditiously implement this section; and
            ``(2) carry out the alternative procedures under this 
        section as a pilot program.
    ``(g) Overtime Payments.--The guidelines for reimbursement for 
costs under subsection (e)(2)(D) shall ensure that no State or local 
government is denied reimbursement for overtime payments that are 
required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.).
    ``(h) Report.--
            ``(1) In general.--Not earlier than 3 years, and not later 
        than 5 years, after the date of enactment of this section, the 
        Inspector General of the Department of Homeland Security shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report on the 
        alternative procedures for the repair, restoration, and 
        replacement of damaged facilities under section 406 authorized 
        under this section.
            ``(2) Contents.--The report shall contain an assessment of 
        the effectiveness of the alternative procedures, including--
                    ``(A) whether the alternative procedures helped to 
                improve the general speed of disaster recovery;
                    ``(B) the accuracy of the estimates relied upon;
                    ``(C) whether the financial incentives and 
                disincentives were effective;
                    ``(D) whether the alternative procedures were cost 
                effective;
                    ``(E) whether the independent expert panel 
                described in subsection (e)(1)(E) was effective; and
                    ``(F) recommendations for whether the alternative 
                procedures should be continued and any recommendations 
                for changes to the alternative procedures.''.

SEC. 5. 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 
        title III (except sections 310 and 326) 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 title III 
        (except sections 310 and 326) 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) 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 the Chief, Chairman, Governor, President, or 
        similar executive official 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', `State, and local', `State, 
or local', or `State, local' (including plurals) with respect to 
governments or officials and any reference to a `local government' in 
sections 406(d)(3) and 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. 6. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended--
            (1) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv), respectively;
            (2) by inserting after clause (i) the following:
                            ``(ii) Lease and repair of rental units for 
                        temporary housing.--
                                    ``(I) In general.--The President, 
                                to the extent the President determines 
                                it would be a cost-effective 
                                alternative to other temporary housing 
                                options, may--
                                            ``(aa) enter into lease 
                                        agreements with owners of 
                                        multifamily rental property 
                                        located in areas covered by a 
                                        major disaster declaration to 
                                        house individuals and 
                                        households eligible for 
                                        assistance under this section; 
                                        and
                                            ``(bb) make repairs or 
                                        improvements to properties 
                                        under such lease agreements, to 
                                        the extent necessary to serve 
                                        as safe and adequate temporary 
                                        housing.
                                    ``(II) Improvements or repairs.--
                                Under the terms of any lease agreement 
                                for property entered into under this 
                                subsection, the value of the 
                                improvements or repairs--
                                            ``(aa) shall be deducted 
                                        from the value of the lease 
                                        agreement; and
                                            ``(bb) may not exceed the 
                                        value of the lease 
                                        agreement.''; and
            (3) in clause (iv) (as so redesignated) by striking 
        ``clause (ii)'' and inserting ``clause (iii)''.

SEC. 7. SIMPLIFIED PROCEDURES.

    Section 422 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5189) is amended--
            (1) by striking ``If the Federal estimate'' and inserting 
        ``(a) In General.--If the Federal estimate'';
            (2) by inserting ``(or, if the Administrator has 
        established a threshold under subsection (b), the amount 
        established under subsection (b))'' after ``$35,000'' the first 
        place it appears;
            (3) by inserting ``or, if applicable, the amount 
        established under subsection (b),'' after ``$35,000 amount'' 
        the second place it appears; and
            (4) by adding at the end the following:
    ``(b) Threshold.--
            ``(1) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the President, acting through the 
        Administrator of the Federal Emergency Management Agency (in 
        this section referred to as the `Administrator'), shall--
                    ``(A) complete an analysis to determine whether an 
                increase in the threshold for eligibility under 
                subsection (a) is appropriate, which shall include 
                consideration of cost-effectiveness, speed of recovery, 
                capacity of grantees, past performance, and 
                accountability measures; and
                    ``(B) submit to the appropriate committees of 
                Congress (as defined in section 602 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 U.S.C. 701)) 
                a report regarding the analysis conducted under 
                subparagraph (A).
            ``(2) Amount.--After the Administrator submits the report 
        required under paragraph (1), the President shall direct the 
        Administrator to--
                    ``(A) immediately establish a threshold for 
                eligibility under this section in an appropriate 
                amount, without regard to chapter 5 of title 5, United 
                States Code; and
                    ``(B) adjust the threshold annually to reflect 
                changes in the Consumer Price Index for all Urban 
                Consumers published by the Department of Labor.
            ``(3) Review.--Not later than 3 years after the date on 
        which the Administrator establishes a threshold under paragraph 
        (2), and every 3 years thereafter, the President, acting 
        through the Administrator, shall review the threshold for 
        eligibility under this section.''.

SEC. 8. UNIFIED FEDERAL REVIEW.

    Title IV 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. 429. UNIFIED FEDERAL REVIEW.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, and in consultation with the Council on 
Environmental Quality and the Advisory Council on Historic 
Preservation, the President shall establish an expedited and unified 
interagency review process to ensure compliance with environmental and 
historic requirements under Federal law relating to disaster recovery 
projects, in order to expedite the recovery process, consistent with 
applicable law.
    ``(b) Contents.--The review process established under this section 
shall include mechanisms to expeditiously address delays that may occur 
during the recovery from a major disaster and be updated, as 
appropriate, consistent with applicable law.''.

SEC. 9. CHILD CARE.

    Section 408(e)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(e)(1)) is amended--
            (1) in the paragraph heading by inserting ``child care,'' 
        after ``dental,''; and
            (2) by inserting ``child care,'' after ``dental,''.

SEC. 10. ESSENTIAL ASSISTANCE.

    Section 403 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the 
following:
    ``(d) Salaries and Benefits.--
            ``(1) In general.--If the President declares a major 
        disaster or emergency for an area within the jurisdiction of a 
        State, tribal, or local government, the President may reimburse 
        the State, tribal, or local government for costs relating to--
                    ``(A) basic pay and benefits for permanent 
                employees of the State, tribal, or local government 
                conducting emergency protective measures under this 
                section, if--
                            ``(i) the work is not typically performed 
                        by the employees; and
                            ``(ii) the type of work may otherwise be 
                        carried out by contract or agreement with 
                        private organizations, firms, or individuals.; 
                        or
                    ``(B) overtime and hazardous duty compensation for 
                permanent employees of the State, tribal, or local 
                government conducting emergency protective measures 
                under this section.
            ``(2) Overtime.--The guidelines for reimbursement for costs 
        under paragraph (1) shall ensure that no State, tribal, or 
        local government is denied reimbursement for overtime payments 
        that are required pursuant to the Fair Labor Standards Act of 
        1938 (29 U.S.C. 201 et seq.).
            ``(3) No effect on mutual aid pacts.--Nothing in this 
        subsection shall affect the ability of the President to 
        reimburse labor force expenses provided pursuant to an 
        authorized mutual aid pact.''.

SEC. 11. STATE HAZARD MITIGATION PLANS.

    The President, acting through the Administrator of the Federal 
Emergency Management Agency, 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. 12. OTHER METHODS OF 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 ``and emergencies'' and inserting ``, emergencies, or, if 
the President determines that the sale, transfer, or donation would be 
cost effective to the Federal Government, for an incident caused by a 
hazard (as defined in section 602), for which the Governor has taken 
appropriate action under State law and directed execution of the State 
emergency plan, but that does not result in a Presidential declaration 
of a major disaster or emergency''.

SEC. 13. 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 warnings 
        regarding disasters and other hazards to public safety, the 
        President, acting through the Administrator of the Federal 
        Emergency Management Agency (in this section referred to as the 
        ``Administrator''), 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 under all conditions the President and, 
                except to the extent the public alert and warning 
                system is in use by the President, Federal agencies and 
                State, tribal, and local governments can alert and warn 
                the civilian population in areas endangered by 
                disasters or other hazards to public safety; and
                    (B) implement the public alert and warning system.
            (2) Implementation requirements.--In carrying out paragraph 
        (1), the Administrator shall--
                    (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, and multiple communication systems and 
                technologies, as appropriate;
                    (C) include in the public alert and warning system 
                the capability to alert, warn, and provide equivalent 
                information to individuals with disabilities, 
                individuals with access and functional needs, and 
                individuals with limited-English proficiency, to the 
                extent technically feasible;
                    (D) ensure that training, tests, and exercises are 
                conducted for the public alert and warning system, 
                including by--
                            (i) incorporating the system into other 
                        training and exercise programs of the 
                        Department of Homeland Security, as 
                        appropriate;
                            (ii) establishing and integrating 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
                            (iii) conducting, at least once every 3 
                        years, periodic nationwide tests of the public 
                        alert and warning system;
                    (E) ensure that the public alert and warning system 
                is resilient, secure, and can withstand acts of 
                terrorism and other external attacks;
                    (F) conduct public education efforts so that State, 
                tribal, and local governments, private entities, and 
                the people of the United States reasonably understand 
                the functions of the public alert and warning system 
                and how to access, use, and respond to information from 
                the public alert and warning system through a general 
                market awareness campaign;
                    (G) consult, coordinate, and cooperate with the 
                appropriate private sector entities and Federal, State, 
                tribal, and local governmental authorities, including 
                the regional administrators of the Federal Emergency 
                Management Agency and emergency response providers;
                    (H) coordinate with, and consider the 
                recommendations of the subcommittee established under 
                subsection (c); and
                    (I) to the extent that the development of the 
                public alert and warning system is not consistent with 
                the recommendations of the subcommittee, report such 
                inconsistences to the Committee on Homeland Security 
                and Governmental Affairs of the Senate and the 
                Committee on Transportation and Infrastructure and the 
                Committee on Homeland Security of the House of 
                Representatives.
            (3) System requirements.--The public alert and warning 
        system shall--
                    (A) incorporate multiple communications 
                technologies;
                    (B) be designed to adapt to, and incorporate, 
                future technologies for communicating directly with the 
                public;
                    (C) to the extent technically feasible, be 
                designed--
                            (i) to provide alerts to the largest 
                        portion of the affected population feasible, 
                        including nonresident visitors and tourists, 
                        individuals with disabilities and access and 
                        functional needs, and individuals with limited-
                        English proficiency; and
                            (ii) to improve the ability of remote areas 
                        to receive alerts;
                    (D) promote local and regional public and private 
                partnerships to enhance community preparedness and 
                response;
                    (E) provide redundant alert mechanisms 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; and
                    (F) include a mechanism to ensure the protection of 
                individual privacy.
            (4) Implementation plan.--Not later than 180 days after the 
        date of submission of the report of the subcommittee under 
        subsection (c)(7), the Administrator shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate a detailed plan to implement the public alert and 
        warning system. The plan shall include a timeline for 
        implementation, a spending plan, and recommendations for any 
        additional authority that may be necessary to fully implement 
        this subsection.
            (5) Use of system.--
                    (A) Limitation.--Except to the extent necessary for 
                testing the public alert and warning system, the public 
                alert and warning system shall not be used to transmit 
                a message that does not relate to a disaster or other 
                hazard to public safety.
                    (B) Consumer opt-out.--Nothing in this section 
                shall be construed to supersede section 602 of the SAFE 
                Port Act (47 U.S.C. 1201).
            (6) Performance reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter 
                through 2017, the Administrator shall make available on 
                the public Web site of the Federal Emergency Management 
                Agency a performance report, which shall--
                            (i) establish performance goals for the 
                        implementation of the public alert and warning 
                        system by the Federal Emergency Management 
                        Agency;
                            (ii) describe the performance of the public 
                        alert and warning system, including--
                                    (I) the type of technology used for 
                                alerts and warnings issued under the 
                                system;
                                    (II) the measures taken to alert, 
                                warn, and provide equivalent 
                                information to individuals with 
                                disabilities and individuals with 
                                limited-English proficiency; and
                                    (III) the training, tests, and 
                                exercises performed and the outcomes 
                                obtained by the Federal Emergency 
                                Management Agency;
                            (iii) identify significant challenges to 
                        the effective operation of the public alert and 
                        warning system and any plans to address these 
                        challenges;
                            (iv) identify other necessary improvements 
                        to the system; and
                            (v) provide an analysis comparing the 
                        performance of the public alert and warning 
                        system with the performance goals established 
                        under clause (i).
                    (B) Congress.--The Administrator shall submit to 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure and the Committee on 
                Homeland Security of the House of Representatives each 
                report required under subparagraph (A).
    (c) Integrated Public Alert and Warning System Subcommittee.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Administrator shall establish a 
        Subcommittee to the National Advisory Council established under 
        section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) 
        to be known as the Integrated Public Alert and Warning System 
        Subcommittee (in this subsection referred to as the 
        ``Subcommittee'').
            (2) Membership.--Notwithstanding section 508(c) of the 
        Homeland Security Act of 2002 (6 U.S.C. 318(c)), the 
        Subcommittee shall be composed of the following members (or 
        their designees) to be appointed by the Administrator as soon 
        as practicable after the date of enactment of this Act:
                    (A) The Chairman of the Federal Communications 
                Commission.
                    (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce.
                    (C) The Assistant Secretary for Communications and 
                Information of the Department of Commerce.
                    (D) The Under Secretary for Science and Technology 
                of the Department of Homeland Security.
                    (E) The Under Secretary for the National Protection 
                and Programs Directorate.
                    (F) The Director of Disability Integration and 
                Coordination of the Federal Emergency Management 
                Agency.
                    (G) The National Council on Disability.
                    (H) Qualified individuals appointed by the 
                Administrator as soon as practicable after the date of 
                enactment of this Act from among the following:
                            (i) Representatives of State and local 
                        governments, representatives of emergency 
                        management agencies, and representatives of 
                        emergency response providers, with the 
                        Administrator considering individuals nominated 
                        by national organizations representing 
                        governments and personnel.
                            (ii) Representatives from federally 
                        recognized Indian tribes and national Indian 
                        organizations.
                            (iii) Individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the Subcommittee, 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 cellular industry;
                                    (VI) the cable industry;
                                    (VII) the satellite industry;
                                    (VIII) national organizations 
                                representing individuals with 
                                disabilities, the blind, deaf, and 
                                hearing-loss communities, individuals 
                                with access and functional needs, and 
                                the elderly;
                                    (IX) consumer or privacy advocates; 
                                and
                                    (X) organizations representing 
                                individuals with limited-English 
                                proficiency.
                            (iv) 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 Subcommittee.
            (4) Meetings.--
                    (A) Initial meeting.--The initial meeting of the 
                Subcommittee shall take place not later than 120 days 
                after the date of enactment of this Act.
                    (B) Other meetings.--After the initial meeting, the 
                Subcommittee shall meet, at least annually, at the call 
                of the Chairperson.
            (5) Consultation with nonmembers.--The Subcommittee and the 
        program offices for the integrated public alert and warning 
        system for the United States shall consult with groups that are 
        not represented on the Subcommittee to consider new and 
        developing technologies that may be beneficial to the public 
        alert and warning system. Such groups may include--
                    (A) the Defense Advanced Research Projects Agency;
                    (B) entities engaged in federally funded research; 
                and
                    (C) academic institutions engaged in relevant work 
                and research.
            (6) Recommendations.--The Subcommittee 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) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Subcommittee shall submit to the 
        Administrator, the Committee on Transportation and 
        Infrastructure and the Committee on Homeland Security of the 
        House of Representatives, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report 
        containing the recommendations of the Subcommittee.
            (8) Termination.--The Subcommittee shall terminate not 
        later than 3 years after the date of enactment of this Act.
    (d) Limitation on Authority and Effect on Obligations.--Nothing in 
this section shall be construed--
            (1) to provide the Secretary of Homeland Security authority 
        to require any action by the Federal Communications Commission, 
        the Department of Commerce, or any nongovernment entity; or
            (2) to affect any existing obligations of the Federal 
        Communications Commission, the Department of Commerce, or any 
        nongovernment entity.

SEC. 14. REPORT ON IMPACTS OF HURRICANE SANDY.

    Not later than 90 days after the date of enactment of this Act, the 
Chair of the Hurricane Sandy Rebuilding Task Force established by the 
President, in consultation with the Administrator of the Federal 
Emergency Management Agency, the Secretary of the Treasury, and others 
whom the Chair determines to be appropriate, shall submit to the 
Committee on Appropriations and the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Appropriations 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes a discussion of--
            (1) the impacts of Hurricane Sandy on local government 
        budgets in States where a major disaster has been declared, 
        including revenues from taxes, fees, and other sources, and 
        expenses related to operations, debt obligations, and 
        unreimbursed disaster-related costs;
            (2) the availability of loans from private sources to 
        address such impacts, including information on interest rates, 
        repayment terms, securitization requirements, and the ability 
        of affected local governments to qualify for such loans;
            (3) the availability of Federal resources to address the 
        budgetary impacts of Hurricane Sandy upon local governments;
            (4) the ability of the Community Disaster Loan program 
        authorized under section 417 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5184) to 
        effectively and expeditiously address budgetary impacts of 
        Hurricane Sandy and other disasters upon local governments, 
        including--
                    (A) an assessment of the current statutory limits 
                on loan amounts;
                    (B) the regulations, policies, and procedures 
                governing program mobilization to communities in need 
                and expeditious processing of loan applications;
                    (C) information on interest rates, repayment terms, 
                securitization requirements, and ability of affected 
                local governments to qualify for such loans;
                    (D) criteria governing the cancellation of such 
                loans, including appropriate classification of 
                available revenues and eligible expenses, and the 
                consistency of program rules with customary local 
                government budgetary practices and State or local laws 
                that affect the specific budgetary practices of local 
                governments affected by Hurricane Sandy and other 
                disasters;
                    (E) repayment terms and timeframes on loans that do 
                not qualify for cancellation;
                    (F) options for Congressional consideration related 
                to legislative modifications of this program, and any 
                other applicable provisions of Federal law, in order to 
                address the budgetary impacts of Hurricane Sandy and 
                other disasters upon local governments; and
                    (G) recommendations on steps the Federal Emergency 
                Management Agency may take in order to improve program 
                administration, effectiveness, communications, and 
                speed; and
            (5) potential consequences of Federal action or inaction to 
        address the budgetary impacts of Hurricane Sandy upon local 
        governments.

SEC. 15. 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) 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.
    ``(i) 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.
    ``(j) 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).
    ``(k) Advisory Committee.--
            ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
            ``(2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, and 
        shall include--
                    ``(A) the chief officer or senior executive from at 
                least three sponsoring agencies;
                    ``(B) the senior emergency manager from at least 
                two States that include sponsoring agencies; and
                    ``(C) at least one representative recommended by 
                the leaders of the task forces.
            ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
    ``(l) 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.
    ``(m) 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.
    ``(n) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.''.
    (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. 16. RECOVERY COMMISSIONS.

    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. RECOVERY COMMISSIONS.

    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        the Federal Emergency Management Agency;
            ``(2) the term `Chairperson' means the Chairperson of a 
        Commission selected under subsection (b)(2); and
            ``(3) the term `Commission' means a commission established 
        under subsection (b)(1).
    ``(b) Commission Establishment.--
            ``(1) In general.--If the President determines it is 
        appropriate after a large and complex major disaster, the 
        President may establish a commission to facilitate and support 
        States and local governments in achieving an efficient, 
        effective, and expeditious recovery from the major disaster.
            ``(2) Chairperson.--The President shall select an official 
        to serve as the Chairperson of each Commission established by 
        the President to ensure the responsibilities of the Commission 
        are fulfilled. The duties of the Chairperson shall include 
        coordination of the efforts of Federal agencies in a manner 
        consistent with authorities under this Act, in support of the 
        efficient, effective, and expeditious recovery from the major 
        disaster.
            ``(3) Members of commissions.--Each Commission shall 
        include as a member the Administrator, the head of appropriate 
        coordinating and primary Federal agencies under the National 
        Disaster Recovery Framework, and the head of any other Federal 
        agency that the President determines necessary.
            ``(4) Staffing.--Appropriate senior officials and employees 
        may be detailed to a Commission to serve full-time or part-
        time, as appropriate, on the Commission to ensure efficient 
        coordination of the assistance provided by the Federal 
        Government.
    ``(c) Responsibilities of a Commission.--The responsibilities of a 
Commission may include, consistent with this Act, to--
            ``(1) develop and implement a strategic support plan under 
        subsection (d) for the Federal support of the recovery from the 
        major disaster and to mitigate against the effects of and 
        foster resilience against subsequent disasters;
            ``(2) coordinate the activities of Federal agencies 
        represented by the members of the Commission and other Federal 
        agencies that the President determines necessary, resolve 
        disagreements relating to recovery from the major disaster 
        between or among Federal agencies, and support implementation 
        of the National Disaster Recovery Framework;
            ``(3) compile data relating to the recovery from the major 
        disaster, including on the Federal assistance provided and the 
        status of meeting recovery goals;
            ``(4) identify Federal regulations, policies, and 
        procedures that need to be streamlined and coordinated to 
        enable an efficient, expeditious, and effective recovery from 
        the major disaster;
            ``(5) identify and facilitate the provision of Federal 
        funds to address gaps in the recovery from the major disaster;
            ``(6) coordinate with State and local governments and 
        nongovernmental partners and stakeholders in the affected area 
        to support recovery from the major disaster; and
            ``(7) take actions to prevent waste, fraud, and abuse in 
        the recovery from the major disaster.
    ``(d) Strategic Recovery Support Plan.--
            ``(1) In general.--As soon as feasible, but not later than 
        180 days after the date of a major disaster relating to which 
        the President establishes a Commission, the Commission shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a strategic 
        recovery support plan for how the Federal Government will 
        expeditiously assist State and local governments in the 
        recovery of the area affected by the major disaster.
            ``(2) Contents.--Each strategic recovery support plan 
        submitted under paragraph (1)--
                    ``(A) shall be written in coordination with State 
                and local governments affected by the major disaster; 
                and
                    ``(B) may include, as appropriate--
                            ``(i) an assessment of challenges and needs 
                        faced in the recovery from the major disaster;
                            ``(ii) specific outcomes, goals and 
                        actions, with a plan for monitoring progress 
                        towards such outcomes and goals;
                            ``(iii) a description of how each Federal 
                        agency will support State and local governments 
                        in the recovery efforts, including technical, 
                        financial, and planning assistance, and the 
                        roles and responsibilities of each Federal 
                        agency in fulfilling the strategic recovery 
                        support plan;
                            ``(iv) a description of how each Federal 
                        agency on the Commission will administer and 
                        provide staffing to support recovery from the 
                        major disaster;
                            ``(v) a description of any procedures of a 
                        Federal agency that will be streamlined to help 
                        ensure an efficient and effective recovery from 
                        the major disaster; and
                            ``(vi) a description of any legislative 
                        authority needed to help ensure an efficient, 
                        expeditious, and effective recovery from the 
                        major disaster.
            ``(3) Update.--Not later than 180 days after the date on 
        which a Commission submits a strategic recovery support plan 
        under paragraph (1), and every 180 days thereafter until the 
        date on which the Commission terminates under subsection (e), 
        the Commission shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report describing--
                    ``(A) progress in achieving the major disaster 
                outcomes and goals since the date on which the most 
                recent strategic support strategy or report relating to 
                the major disaster was submitted; and
                    ``(B) major challenges and unmet needs remaining in 
                the recovery from the major disaster.
    ``(e) Termination.--
            ``(1) In general.--The President shall terminate a 
        Commission established in relation to a major disaster when the 
        President determines that all issues relating to the Federal 
        coordination of the recovery have been substantially resolved.
            ``(2) Withdrawal.--Upon a determination by the President 
        that the matters with which a Federal agency has been involved 
        as part of a Commission have been substantially resolved, the 
        Federal agency may withdraw from the Commission.
    ``(f) Authorities.--Nothing in this section shall be construed to 
impair, alter, or otherwise affect the authority of any agency of the 
Federal Government including under section 302.''.

SEC. 17. ENHANCING RESPONSE AND RECOVERY OPERATIONS AND PROGRAMS.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 526. ADMINISTRATION OF RESPONSE AND RECOVERY OPERATIONS AND 
              PROGRAMS.

    ``(a) Definitions.--In this section--
            ``(1) the term `annuitant' means an annuitant under a 
        Government retirement system;
            ``(2) the terms `deployed' and `deployment' mean the 
        performance of services under the response and recovery 
        operations and programs of the Agency, including exercises and 
        training for such operations and programs;
            ``(3) the term `disaster reserve workforce' means the 
        disaster reserve workforce established under subsection (b);
            ``(4) the term `employee' has the meaning given under 
        section 2105 of title 5, United States Code;
            ``(5) the term `employee designated for short term 
        deployments' means an employee hired under section 306(b)(1) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5149(b)(1)) designated only for short-term 
        deployments;
            ``(6) the term `Government retirement system' means a 
        retirement system established by law for employees of the 
        Government of the United States;
            ``(7) the term `major project' means any project for which 
        the total costs are greater than $400,000;
            ``(8) the term `permanent seasonal employee' means an 
        employee, including an employee hired under section 306(b)(1) 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5149(b)(1)), working under seasonal 
        employment as defined under section 340.401 of title 5 of the 
        Code of Federal Regulations or any successor regulation;
            ``(9) the term `reservist' means an employee who is a 
        member of the disaster reserve workforce;
            ``(10) the term `response and recovery operations and 
        programs' means response operations and programs and recovery 
        operations and programs;
            ``(11) the term `response operations and programs' means 
        operations and programs that involve taking immediate actions 
        to save lives, protect property or the environment, or meet 
        basic human needs;
            ``(12) the term `recovery operations and programs' means 
        operations and programs to support and enable recovery, as 
        defined in section 501 of the Homeland Security Act of 2002; 
        and
            ``(13) the term `employee' means an employee, including an 
        employee hired under section 306(b)(1) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5149(b)(1)), who is appointed to a term of 1 or more 
        years.
    ``(b) Disaster Reserve Workforce.--In order to provide efficiency, 
continuity, quality, and accuracy in services performed under response 
and recovery operations and programs there is within the Agency a 
disaster reserve workforce, which shall be used to supplement the work 
of permanent full-time employees of the Agency on response and recovery 
operations and programs.
    ``(c) Provision of Services Performed Under Response and Recovery 
Operations and Programs.--
            ``(1) In general.--The Administrator shall ensure that the 
        disaster reserve workforce can rapidly and efficiently deploy 
        qualified, skilled, and trained reservists for a sufficiently 
        long period to provide continuity in response and recovery 
        operations and programs.
            ``(2) Management and implementation.--
                    ``(A) In general.--Sufficient numbers of qualified 
                permanent full-time employees of the Agency shall lead 
                and manage the disaster reserve workforce and implement 
                response and recovery operations and programs, 
                including leading individual major projects under 
                sections 404, 406, and 407 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170c, 5172, and 5173).
                    ``(B) Disaster reserve workforce.--The Disaster 
                Reserve Workforce shall include--
                            ``(i) term employees;
                            ``(ii) permanent seasonal employees;
                            ``(iii) employees designated for short-term 
                        deployments;
                            ``(iv) employees of the Department who are 
                        not employees of the Agency; and
                            ``(v) employees of other Federal agencies.
                    ``(C) Factors.--In supporting the work of permanent 
                full-time employees, the Administrator--
                            ``(i) shall rely to the greatest extent 
                        possible on term employees and permanent 
                        seasonal employees deployed for long periods of 
                        time in order to help ensure greater 
                        efficiency, continuity, quality, and accuracy 
                        in services performed under recovery operations 
                        and programs; and
                            ``(ii) may use discretion to deploy the 
                        reservists most able to ensure the greatest 
                        efficiency, continuity, quality, and accuracy 
                        in services performed under response and 
                        recovery operations and programs.
            ``(3) Policies and procedures.--In order to ensure that 
        efficient, continuous, and accurate services are provided under 
        response and recovery operations and programs, not later than 
        180 days after the date of enactment of this section, the 
        Administrator shall develop--
                    ``(A) staffing policies and procedures that provide 
                for the management of response and recovery operations 
                and programs by sufficient numbers of permanent full-
                time senior-level officials;
                    ``(B) plans to recruit individuals who reside in 
                the area affected by a major disaster when long-term 
                recovery efforts are needed; and
                    ``(C) policies and procedures relating to sections 
                403, 404, 406, 407, and 502 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170b, 5170c, 5172, 5173, and 5192).
            ``(4) Minimum standards and guidelines for the disaster 
        reserve workforce.--
                    ``(A) Standards and guidelines.--Not later than 180 
                days after the date of enactment of this section, the 
                Administrator shall develop standards and guidelines 
                for the disaster reserve workforce, including--
                            ``(i) setting appropriate mandatory before 
                        and after disaster training requirements;
                            ``(ii) establishing the minimum number of 
                        days annually an individual is required to 
                        deploy in a year during which there is 
                        sufficient work for members of the disaster 
                        reserve workforce;
                            ``(iii) providing for a reasonably long 
                        time period for deployment to ensure continuity 
                        in operations; and
                            ``(iv) establishing performance 
                        requirements, including for the timely and 
                        accurate resolution of issues and projects.
                    ``(B) Maintaining membership in the disaster 
                reserve workforce.--In order to maintain membership in 
                the disaster reserve workforce, a reservist shall--
                            ``(i) be credentialed in accordance with 
                        section 510; and
                            ``(ii) meet all minimum standards and 
                        guidelines established under subparagraph (A)--
                                    ``(I) for term employees, before 
                                being appointed to a term in the 
                                disaster reserve workforce; and
                                    ``(II) annually for all other 
                                reservists.
                    ``(C) Evaluation system.--In consultation with the 
                Director of the Office of Personnel Management, the 
                Administrator shall develop and implement a system to 
                continuously evaluate reservists to ensure that all 
                minimum standards and guidelines under this paragraph 
                are satisfied annually by all reservists. Chapter 43 of 
                title 5, United States Code, shall not apply to 
                reservists covered under the system developed and 
                implemented under this subparagraph.
            ``(5) Contractors.--Not later than 180 days after the date 
        of enactment of this section, the Administrator, in conjunction 
        with the Chief Human Capital Officer of the Agency, shall 
        establish policies and procedures for contractors that support 
        response and recovery operations and programs, which shall 
        ensure that the contractors have appropriate skills, training, 
        knowledge, and experience for assigned tasks, including by 
        ensuring that the contractors meet training, credentialing, and 
        performance requirements similar to the requirements for 
        reservists.
            ``(6) Reemployed annuitants.--
                    ``(A) In general.--In appointing reservists to the 
                disaster reserve workforce, the application of sections 
                8344 and 8468 of title 5, United States Code (relating 
                to annuities and pay on reemployment) or any other 
                similar provision of law under a Government retirement 
                system may be waived by the Administrator for 
                annuitants reemployed on deployments involving a direct 
                threat to life or property or other unusual 
                circumstances for the entirety of the deployment.
                    ``(B) Limitations.--The authority under 
                subparagraph (A)--
                            ``(i) is granted to assist the 
                        Administrator in establishing and effectively 
                        operating the disaster reserve workforce if no 
                        other qualified applicant is available for a 
                        reservist position; and
                            ``(ii) may be exercised only--
                                    ``(I) with respect to natural 
                                disasters, acts of terrorism, or other 
                                man-made disasters, including 
                                catastrophic incidents; and
                                    ``(II) if the applicant will not 
                                accept the position without a waiver.
                    ``(C) Not employee for retirement purposes.--An 
                annuitant to whom a waiver under subparagraph (A) is in 
                effect shall not be considered an employee for purposes 
                of any Government retirement system.
            ``(7) Permanent employment positions.--
                    ``(A) In general.--An employee hired under section 
                306(b)(1) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5149(b)(1)) and 
                NCCC-FEMA corps members who complete their terms of 
                service pursuant to an Interagency Agreement between 
                FEMA and the Corporation for National and Community 
                Service may compete for permanent positions in the 
                Agency under merit promotion procedures. The actual 
                time deployed as a reservist shall be considered 
                creditable service for purposes of such competition and 
                shall be calculated, for purposes of section 8411 of 
                title 5, United States Code, by dividing the total 
                number of days of service as a reservist by 365 to 
                obtain the number of years of service and dividing any 
                remainder by 30 to obtain the number of additional 
                months of service and excluding from the aggregate the 
                fractional part of a month, if any.
                    ``(B) Consideration.--In evaluating a reservist 
                hired under section 306(b)(1) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5149(b)(1)) for a potential permanent employment 
                position, the Administrator shall consider the 
                qualifications of, and performance as a reservist by, 
                the reservist, including the ability of the reservist 
                to timely, accurately, and creatively resolve issues 
                and projects when deployed.
                    ``(C) Effective date and application.--This 
                paragraph shall--
                            ``(i) take effect on the date on which the 
                        Administrator implements the evaluation system 
                        under paragraph (4)(C); and
                            ``(ii) apply to periods of service 
                        performed after that date.
            ``(8) No impact on agency personnel ceiling.--Reservists 
        shall not be counted against any personnel ceiling limitation 
        applicable to the Agency.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 525 the following:

``Sec. 526. Administration of response and recovery operations and 
                            programs.''.
    (c) Permanent Seasonal Employees.--Section 306(b) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5149(b)) is amended--
            (1) in paragraph (1) by inserting ``or permanent seasonal 
        employees (as that term is defined under section 526(a)(8) of 
        the Homeland Security Act of 2002)'' after ``temporary 
        personnel''; and
            (2) in paragraph (3) by inserting ``or the employment of 
        permanent seasonal employees (as that term is defined under 
        section 526(a)(8) of the Homeland Security Act of 2002)'' after 
        ``additional personnel''.

SEC. 18. FEDERAL RECOVERY PREPAREDNESS OFFICIALS.

    Section 653(a) of the Post-Katrina Emergency Management Reform Act 
of 2006 (6 U.S.C. 753(a)) is amended to read as follows:
    ``(a) Agency Responsibility.--
            ``(1) In general.--In support of the national preparedness 
        system, the President shall ensure that each Federal agency 
        with responsibilities under the National Response Plan or the 
        National Disaster Recovery Framework--
                    ``(A) has designated a lead senior official to--
                            ``(i) ensure the Federal agency is prepared 
                        to execute its response and recovery 
                        responsibilities under such plans; and
                            ``(ii) coordinate disaster response and 
                        recovery efforts and activities with the 
                        Administrator;
                    ``(B) has the operational capability to meet the 
                national preparedness goal, including--
                            ``(i) the personnel to make and communicate 
                        decisions;
                            ``(ii) organizational structures that are 
                        assigned, trained, and exercised for the 
                        missions of the agency;
                            ``(iii) sufficient physical resources; and
                            ``(iv) the command, control, and 
                        communication channels to make, monitor, and 
                        communicate decisions;
                    ``(C) complies with the National Incident 
                Management System, including credentialing of personnel 
                and typing of resources likely needed to respond to a 
                natural disaster, act of terrorism, or other man-made 
                disaster in accordance with section 510 of the Homeland 
                Security Act of 2002 (6 U.S.C. 320);
                    ``(D) develops, trains and exercises rosters of 
                response and recovery personnel to be deployed when the 
                agency is called upon to support a Federal response and 
                recovery;
                    ``(E) develops deliberate operational plans and the 
                corresponding capabilities, including crisis planning, 
                to effectively respond to and recover from natural 
                disasters, acts of terrorism, and other man-made 
                disasters in support of the National Response Plan and 
                National Disaster Recovery Framework to ensure a 
                coordinated Federal response; and
                    ``(F) regularly updates, verifies the accuracy of, 
                and provides to the Administrator the information in 
                the inventory required under section 651.
            ``(2) National disaster recovery framework defined.--In 
        this subsection, the term `National Disaster Recovery 
        Framework' means the National Disaster Recovery Framework 
        developed under section 682, or any successor document.''.

SEC. 19. DISPUTE RESOLUTION PILOT PROGRAM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal emergency Management Agency.
            (2) Eligible assistance.--The term ``eligible assistance'' 
        means assistance--
                    (A) under section 403, 406, or 407 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170b, 5172, 5173);
                    (B) for which the legitimate amount in dispute is 
                not less than $1,000,000, which sum the Administrator 
                shall adjust annually to reflect changes in the 
                Consumer Price Index for all Urban Consumers published 
                by the Department of Labor;
                    (C) for which the applicant has a non-Federal 
                share; and
                    (D) for which the applicant has received a decision 
                on a first appeal.
    (b) Procedures.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this section, and in order to facilitate an 
        efficient recovery from major disasters, the Administrator 
        shall establish procedures under which an applicant may request 
        the use of alternative dispute resolution, including 
        arbitration by an independent review panel, to resolve disputes 
        relating to eligible assistance.
            (2) Binding effect.--A decision by an independent review 
        panel under this section shall be binding upon the parties to 
        the dispute.
            (3) Considerations.--The procedures established under this 
        section shall--
                    (A) allow a party of a dispute relating to eligible 
                assistance to request an independent review panel for 
                the review;
                    (B) require a party requesting an independent 
                review panel as described in subparagraph (A) to agree 
                to forgo rights to any further appeal of the dispute 
                relating to any eligible assistance;
                    (C) require that the sponsor of an independent 
                review panel for any alternative dispute resolution 
                under this section be--
                            (i) an individual or entity unaffiliated 
                        with the dispute (which may include a Federal 
                        agency, an administrative law judge, or a 
                        reemployed annuitant who was an employee of the 
                        Federal Government) selected by the 
                        Administrator; and
                            (ii) responsible for identifying and 
                        maintaining an adequate number of independent 
                        experts qualified to review and resolve 
                        disputes under this section;
                    (D) require an independent review panel to--
                            (i) resolve any remaining disputed issue in 
                        accordance with all applicable laws, 
                        regulations, and Agency interpretations of 
                        those laws through its published policies and 
                        guidance;
                            (ii) consider only evidence contained in 
                        the administrative record, as it existed at the 
                        time at which the Agency made its initial 
                        decision;
                            (iii) only set aside a decision of the 
                        Agency found to be arbitrary, capricious, an 
                        abuse of discretion, or otherwise not in 
                        accordance with law; and
                            (iv) in the case of a finding of material 
                        fact adverse to the claimant made on first 
                        appeal, only set aside or reverse such finding 
                        if the finding is clearly erroneous.
                    (E) require an independent review panel to 
                expeditiously issue a written decision for any 
                alternative dispute resolution under this section; and
                    (F) direct that if an independent review panel for 
                any alternative dispute resolution under this section 
                determines that the basis upon which a party submits a 
                request for alternative dispute resolution is 
                frivolous, the independent review panel shall direct 
                the party to pay the reasonable costs to the Federal 
                Emergency Management Agency relating to the review by 
                the independent review panel. Any funds received by the 
                Federal Emergency Management Agency under the authority 
                of this section shall be deposited to the credit of the 
                appropriation or appropriations available for the 
                eligible assistance in dispute on the date on which the 
                funds are received.
    (c) Sunset.--A request for review by an independent review panel 
under this section may not be made after December 31, 2015.
    (d) Report.--
            (1) In general.--Not later than 270 days after the 
        termination of authority under this section under subsection 
        (c), the Comptroller General of the United States shall submit 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        analyzing the effectiveness of the program under this section.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a determination of the availability of data 
                required to complete the report;
                    (B) an assessment of the effectiveness of the 
                program under this section, including an assessment of 
                whether the program expedited or delayed the disaster 
                recovery process;
                    (C) an assessment of whether the program increased 
                or decreased costs to administer section 403, 406, or 
                407 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act;
                    (D) an assessment of the procedures and safeguards 
                that the independent review panels established to 
                ensure objectivity and accuracy, and the extent to 
                which they followed those procedures and safeguards;
                    (E) a recommendation as to whether any aspect of 
                the program under this section should be made a 
                permanent authority; and
                    (F) recommendations for any modifications to the 
                authority or the administration of the authority under 
                this section in order to improve the disaster recovery 
                process.
                                 <all>