1.Short title; table of
contents
(a)This Act may be cited as the Disaster Recovery Reform Act of
2012
.
(b)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.
2.
(a)Streamlined
procedures; advance assistanceSection 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)
(1)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 proceduresThe 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)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
statesSection 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)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.
3.Individual
assistance factorsIn 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.
4.Public assistance
program alternative proceduresTitle 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:
428.Public
assistance program alternative procedures
(a)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)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)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
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)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)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)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)
(1)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)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.
.
5.Tribal requests
for a major disaster or emergency declaration under the Stafford Act
(a)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)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)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)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 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 determinationsThe President shall establish criteria for
making determinations under paragraph
(1)(B).
.
(b)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)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)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)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)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)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)The term
Chief Executive
means the person who is the Chief, Chairman,
Governor, President, or similar executive official of an Indian tribal
government.
.
(d)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:
103.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)
(1)The
President shall issue regulations to carry out the amendments made by this
section.
(2)In
issuing the regulations, the President shall consider the unique conditions
that affect the general welfare of Indian tribal governments.
6.Federal
assistance to individuals and householdsSection 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)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)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)
.
7.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)
(1)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)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)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.
.
8.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:
429.
(a)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)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.
.
9.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,
.
10.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)
(1)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)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 pactsNothing in this subsection shall affect the
ability of the President to reimburse labor force expenses provided pursuant to
an authorized mutual aid
pact.
.
11.State hazard
mitigation plansThe
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.
12.Other methods of
disposalSection
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
.
13.Integrated
public alert and warning system modernization
(a)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)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
requirementsIn 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)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)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)
(A)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)Nothing in this section shall be construed to supersede
section 602 of the SAFE Port Act (47 U.S.C. 1201).
(6)
(A)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)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)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)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)The
Administrator shall serve as the Chairperson of the Subcommittee.
(4)
(A)The initial meeting of the Subcommittee shall take place
not later than 120 days after the date of enactment of this Act.
(B)After the initial meeting, the Subcommittee shall meet,
at least annually, at the call of the Chairperson.
(5)Consultation
with nonmembersThe 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)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)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)The
Subcommittee shall terminate not later than 3 years after the date of enactment
of this Act.
(d)Limitation on
authority and effect on obligationsNothing 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.
14.Report on impacts of
Hurricane SandyNot 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.
15.Urban Search and
Rescue Response System
(a)Title III of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the
end the following:
327.National Urban
Search and Rescue Response System
(a)In
this section, the following definitions apply:
(1)The
term Administrator
means the Administrator of the Federal
Emergency Management Agency.
(2)The
term Agency
means the Federal Emergency Management
Agency.
(3)The
term hazard
has the meaning given that term by section
602.
(4)Non-employee
system memberThe term non-employee System member
means a System member not employed by a sponsoring agency or participating
agency.
(5)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)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)The
term System
means the National Urban Search and Rescue Response
System to be administered under this section.
(8)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)The term task force
means an urban search
and rescue team designated by the Administrator to participate in the
System.
(b)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)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)
(1)The
Administrator shall designate task forces to participate in the System. The
Administrator shall determine the criteria for such participation.
(2)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)
(A)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)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 teamsThe 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)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 lawsThe 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 authoritiesThe authority of the Administrator to make
appointments under this subsection shall not affect any other authority of the
Administrator under this Act.
(4)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)
(1)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)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)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)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)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 rightsWith 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)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)
(1)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)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 requirementSection 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)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
appropriationsNotwithstanding 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 agreementsThe 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)The
Administrator may incur all necessary obligations consistent with this section
in order to ensure the effectiveness of the
System.
.
(b)
(1)Applicability of
title 5, United States CodeSection 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 USERRASection 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,
.
16.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:
328.
(a)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)
(1)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)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)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)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 commissionThe 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)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)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)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)
(1)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)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)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.
.
17.Enhancing
response and recovery operations and programs
(a)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:
526.Administration
of response and recovery operations and programs
(a)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
workforceIn 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)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)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
workforceThe 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)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)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)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 workforceIn 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)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)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)
(A)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)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 purposesAn 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)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)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 applicationThis 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 ceilingReservists shall not be counted against
any personnel ceiling limitation applicable to the
Agency.
.
(b)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 employeesSection 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
.
18.Federal recovery
preparedness officialsSection
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)
(1)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 definedIn this subsection, the term
National Disaster Recovery Framework
means the National Disaster
Recovery Framework developed under section 682, or any successor
document.
.
19.Dispute
resolution pilot program
(a)In
this section, the following definitions apply:
(1)The
term Administrator
means the Administrator of the Federal
emergency Management Agency.
(2)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)
(1)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)A decision by an independent review panel under this
section shall be binding upon the parties to the dispute.
(3)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)A
request for review by an independent review panel under this section may not be
made after December 31, 2015.
(d)
(1)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)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.