[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6104-H6113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEMA REAUTHORIZATION ACT OF 2012
Mr. DENHAM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2903) to reauthorize the programs and activities of the
Federal Emergency Management Agency, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2903
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FEMA
Reauthorization Act of 2012''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC
ALERT AND WARNING SYSTEM
Sec. 101. Reauthorization of Federal Emergency Management Agency.
Sec. 102. Integrated Public Alert and Warning System Modernization.
TITLE II--STAFFORD ACT AND OTHER PROGRAMS
Sec. 201. Reauthorization of urban search and rescue response system.
Sec. 202. Reauthorization of emergency management assistance compact
grants.
Sec. 203. Disposal of excess property to assist other disaster
survivors.
Sec. 204. Storage, sale, transfer, and disposal of housing units.
Sec. 205. Other methods of disposal.
Sec. 206. Establishment of criteria relating to administration of
hazard mitigation assistance by States.
Sec. 207. Review of regulations and policies.
Sec. 208. Appeals process.
Sec. 209. Implementation of cost estimating.
Sec. 210. Tribal requests for a major disaster or emergency declaration
under the Stafford Act.
Sec. 211. Individual assistance factors.
Sec. 212. Public assistance pilot program.
Sec. 213. Public assistance debris removal procedures.
Sec. 214. Use of funds.
Sec. 215. Reduction of authorization for emergency management
performance grants.
Sec. 216. Technical correction.
Sec. 217. National Dam Safety Program Act reauthorization.
TITLE I--REAUTHORIZATION OF FEMA AND MODERNIZATION OF INTEGRATED PUBLIC
ALERT AND WARNING SYSTEM
SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT
AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 811) is amended to read as follows:
``SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title and the amendments made by this title for the salaries
and expenses of the Agency--
``(1) for fiscal year 2012, $1,031,378,000, including
amounts transferred from grant programs;
``(2) for fiscal year 2013, $1,031,378,000, including
amounts transferred from grant programs; and
``(3) for fiscal year 2014, $1,031,378,000, including
amounts transferred from grant programs.''.
SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) Short Title.--This section may be cited as the
``Integrated Public Alert and Warning System Modernization
Act of 2012''.
(b) Integrated Public Alert and Warning System
Modernization.--
(1) In general.--To provide timely and effective disaster
warnings under this section, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall--
(A) modernize the integrated public alert and warning
system of the United States (in this section referred to as
the ``public alert and warning system'') to ensure that the
President under all conditions is able to alert and warn
governmental authorities and the civilian population in areas
endangered by disasters; and
(B) implement the public alert and warning system.
(2) Implementation requirements.--In carrying out paragraph
(1), the Administrator shall, consistent with the
recommendations in the final report of the Integrated Public
Alert and Warning System Advisory Committee (established
under subsection (c))--
(A) establish or adopt, as appropriate, common alerting and
warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
(B) include in the public alert and warning system the
capability to adapt the distribution and content of
communications on the basis of geographic location, risks, or
personal user preferences, as appropriate;
(C) include in the public alert and warning system the
capability to alert and warn, and provide the equivalent
amount of information to individuals with disabilities and
individuals with access and functional needs;
(D) ensure that training, tests, and exercises are
conducted for the public alert and warning system and that
the system is incorporated into other training and exercise
programs of the Department of Homeland Security, as
appropriate;
(E) establish and integrate into the National Incident
Management System a comprehensive and periodic training
program to instruct and educate Federal, State, Tribal, and
local government officials in the use of the Common Alerting
Protocol enabled Emergency Alert System;
(F) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning system; and
(G) ensure that the public alert and warning system is
resilient, secure, and can withstand acts of terrorism and
other external attacks.
(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 to
provide alerts to the largest portion of the affected
population, including nonresident visitors and tourists and
individuals with disabilities and access and functional
needs, and improve the ability of remote areas to receive
alerts;
(D) promote local and regional public and private
partnerships to enhance community preparedness and response;
(E) provide redundant alert mechanisms if practicable so as
to reach the greatest number of people regardless of whether
they have access to, or utilize, any specific medium of
communication or any particular device; and
[[Page H6105]]
(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 Integrated Public
Alert and Warning System Advisory Committee, 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) Maximum funds.--The Administrator may use not more than
$13,287,000 of the amount made available pursuant to section
699 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 811) for each of fiscal years 2012, 2013, and
2014 to carry out the provisions of this section.
(c) Integrated Public Alert and Warning System Advisory
Committee.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall establish an advisory
committee to be known as the Integrated Public Alert and
Warning System Advisory Committee (in this subsection
referred to as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed
of the following members (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) Representatives of State and local governments,
representatives of emergency management agencies, and
representatives of emergency response providers, selected
from among individuals nominated by national organizations
representing governments and personnel.
(E) Representatives from federally recognized Indian tribes
and national Indian organizations.
(F) Individuals who have the requisite technical knowledge
and expertise to serve on the Advisory Committee, including
representatives of--
(i) communications service providers;
(ii) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(iii) third-party service bureaus;
(iv) the broadcasting industry;
(v) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(vi) the cellular industry;
(vii) the cable industry;
(viii) the satellite industry; and
(ix) national organizations representing individuals with
disabilities and access and functional needs and national
organizations representing the elderly.
(G) Qualified representatives of such other stakeholders
and interested and affected parties as the Administrator
considers appropriate.
(3) Chairperson.--The Administrator shall serve as the
Chairperson of the Advisory Committee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 120 days after the
date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the Chairperson.
(C) Notice; open meetings.--Meetings held by the Advisory
Committee shall be duly noticed at least 14 days in advance
and shall be open to the public.
(5) Rules.--
(A) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business
of the Advisory Committee.
(B) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chairperson may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts as the Chairperson
considers necessary.
(C) Additional rules.--The Advisory Committee may adopt
such other rules as are necessary to carry out its duties.
(6) Consultation with nonmembers.--The Advisory Committee
and the program offices for the integrated public alert and
warning system for the United States shall regularly meet
with groups that are not represented on the Advisory
Committee 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.
(7) Recommendations.--The Advisory Committee shall develop
recommendations for an integrated public alert and warning
system, including--
(A) recommendations for common alerting and warning
protocols, standards, terminology, and operating procedures
for the public alert and warning system; and
(B) recommendations to provide for a public alert and
warning system that--
(i) has the capability to adapt the distribution and
content of communications on the basis of geographic
location, risks, or personal user preferences, as
appropriate;
(ii) has the capability to alert and warn individuals with
disabilities and individuals with limited English
proficiency;
(iii) incorporates multiple communications technologies;
(iv) is designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
(v) is designed to provide alerts to the largest portion of
the affected population feasible, including nonresident
visitors and tourists, and improve the ability of remote
areas to receive alerts;
(vi) promotes local and regional public and private
partnerships to enhance community preparedness and response;
and
(vii) provides redundant alert mechanisms if practicable in
order to reach the greatest number of people regardless of
whether they have access to, or utilize, any specific medium
of communication or any particular device.
(8) Initial and annual report.--Not later than 1 year after
the date of enactment of this Act, the Advisory Committee
shall submit to the Administrator, the Committee on
Transportation and Infrastructure 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
Advisory Committee.
(9) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order,
or regulation promulgated under that Act shall apply to the
Advisory Committee.
(10) Termination.--The Advisory Committee shall terminate
not later than 3 years after the date of enactment of this
Act.
(d) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the authority of the
Department of Commerce or the Federal Communications
Commission.
TITLE II--STAFFORD ACT AND OTHER PROGRAMS
SEC. 201. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE
SYSTEM.
(a) In General.--Title III of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141
et seq.) is amended by adding at the end the following:
``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Agency.--The term `Agency' means the Federal
Emergency Management Agency.
``(3) Hazard.--The term `hazard' has the meaning given that
term by section 602.
``(4) Non-employee system member.--The term `non-employee
System member' means a System member not employed by a
sponsoring agency or participating agency.
``(5) Participating agency.--The term `participating
agency' means a State or local government, nonprofit
organization, or private organization that has executed an
agreement with a sponsoring agency to participate in the
System.
``(6) Sponsoring agency.--The term `sponsoring agency'
means a State or local government that is the sponsor of a
task force designated by the Administrator to participate in
the System.
``(7) System.--The term `System' means the National Urban
Search and Rescue Response System to be administered under
this section.
``(8) System member.--The term `System member' means an
individual who is not a full-time employee of the Federal
Government and who serves on a task force or on a System
management or other technical team.
``(9) Task force.--The term `task force' means an urban
search and rescue team designated by the Administrator to
participate in the System.
``(b) General Authority.--Subject to the requirements of
this section, the Administrator shall continue to administer
the emergency response system known as the National Urban
Search and Rescue Response System.
``(c) Functions.--In administering the System, the
Administrator shall provide for a national network of
standardized search and rescue resources to assist States and
local governments in responding to hazards.
``(d) Task Forces.--
``(1) Designation.--The Administrator shall designate task
forces to participate in the System. The Administrator shall
determine the criteria for such participation.
``(2) Sponsoring agencies.--Each task force shall have a
sponsoring agency. The Administrator shall enter into an
agreement with the sponsoring agency with respect to the
participation of each task force in the System.
``(3) Composition.--
``(A) Participating agencies.--A task force may include, at
the discretion of the
[[Page H6106]]
sponsoring agency, 1 or more participating agencies. The
sponsoring agency shall enter into an agreement with each
participating agency of the task force with respect to the
participation of the participating agency on the task force.
``(B) Other individuals.--A task force may also include, at
the discretion of the sponsoring agency, other individuals
not otherwise associated with the sponsoring agency or a
participating agency of the task force. The sponsoring agency
of a task force may enter into a separate agreement with each
such individual with respect to the participation of the
individual on the task force.
``(e) Management and Technical Teams.--The Administrator
shall maintain such management teams and other technical
teams as the Administrator determines are necessary to
administer the System.
``(f) Appointment of System Members Into Federal Service.--
``(1) In general.--The Administrator may appoint a System
member into Federal service for a period of service to
provide for the participation of the System member in
exercises, preincident staging, major disaster and emergency
response activities, and training events sponsored or
sanctioned by the Administrator.
``(2) Nonapplicability of certain civil service laws.--The
Administrator may make appointments under paragraph (1)
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
``(3) Relationship to other authorities.--The authority of
the Administrator to make appointments under this subsection
shall not affect any other authority of the Administrator
under this Act.
``(4) Limitation.--A System member who is appointed into
Federal service under paragraph (1) shall not be considered
an employee of the United States for purposes other than
those specifically set forth in this section.
``(g) Compensation.--
``(1) Pay of system members.--Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency of
a task force--
``(A) to reimburse each employer of a System member on the
task force for compensation paid by the employer to the
System member for any period during which the System member
is appointed into Federal service under subsection (f)(1);
and
``(B) to make payments directly to a non-employee System
member on the task force for any period during which the non-
employee System member is appointed into Federal service
under subsection (f)(1).
``(2) Reimbursement for employees filling positions of
system members.--
``(A) In general.--Subject to such terms and conditions as
the Administrator may impose by regulation, the Administrator
shall make payments to the sponsoring agency of a task force
to reimburse each employer of a System member on the task
force for compensation paid by the employer to an employee
filling a position normally filled by the System member for
any period during which the System member is appointed into
Federal service under subsection (f)(1).
``(B) Limitation.--Costs incurred by an employer shall be
eligible for reimbursement under subparagraph (A) only to the
extent that the costs are in excess of the costs that would
have been incurred by the employer had the System member not
been appointed into Federal service under subsection (f)(1).
``(3) Method of payment.--A System member shall not be
entitled to pay directly from the Agency for a period during
which the System member is appointed into Federal service
under subsection (f)(1).
``(h) Personal Injury, Illness, Disability, or Death.--
``(1) In general.--A System member who is appointed into
Federal service under subsection (f)(1) and who suffers
personal injury, illness, disability, or death as a result of
a personal injury sustained while acting in the scope of such
appointment shall, for the purposes of subchapter I of
chapter 81 of title 5, United States Code, be treated as
though the member were an employee (as defined by section
8101 of that title) who had sustained the injury in the
performance of duty.
``(2) Election of benefits.--
``(A) In general.--If a System member (or, in the case of
the death of the System member, the System member's
dependent) is entitled--
``(i) under paragraph (1) to receive benefits under
subchapter I of chapter 81 of title 5, United States Code, by
reason of personal injury, illness, disability, or death, and
``(ii) to receive benefits from a State or local government
by reason of the same personal injury, illness, disability,
or death,
the System member or dependent shall elect to receive either
the benefits referred to in clause (i) or (ii).
``(B) Deadline.--A System member or dependent shall make an
election of benefits under subparagraph (A) not later than 1
year after the date of the personal injury, illness,
disability, or death that is the reason for the benefits or
until such later date as the Secretary of Labor may allow for
reasonable cause shown.
``(C) Effect of election.--An election of benefits made
under this paragraph is irrevocable unless otherwise provided
by law.
``(3) Reimbursement for state or local benefits.--Subject
to such terms and conditions as the Administrator may impose
by regulation, in the event that a System member or dependent
elects benefits from a State or local government under
paragraph (2)(A), the Administrator shall reimburse the State
or local government for the value of those benefits.
``(i) Liability.--A System member appointed into Federal
service under subsection (f)(1), while acting within the
scope of the appointment, is deemed an employee of the
Government under section 1346(b) of title 28, United States
Code, and chapter 171 of that title, relating to tort claims
procedure.
``(j) Employment and Reemployment Rights.--With respect to
a System member who is not a regular full-time employee of a
sponsoring agency or participating agency, the following
terms and conditions apply:
``(1) Service as a System member is deemed `service in the
uniformed services' for purposes of chapter 43 of title 38,
United States Code, relating to employment and reemployment
rights of individuals who have performed service in the
uniformed services (regardless of whether the individual
receives compensation for such participation). All rights and
obligations of such persons and procedures for assistance,
enforcement, and investigation shall be as provided for in
such chapter.
``(2) Preclusion of giving notice of service by necessity
of appointment under this section is deemed preclusion by
`military necessity' for purposes of section 4312(b) of title
38, United States Code, pertaining to giving notice of
absence from a position of employment. A determination of
such necessity shall be made by the Administrator and shall
not be subject to judicial review.
``(k) Licenses and Permits.--If a System member holds a
valid license, certificate, or other permit issued by any
State or other governmental jurisdiction evidencing the
member's qualifications in any professional, mechanical, or
other skill or type of assistance required by the System, the
System member is deemed to be performing a Federal activity
when rendering aid involving such skill or assistance during
a period of appointment into Federal service under subsection
(f)(1).
``(l) Advisory Committee.--
``(1) In general.--The Administrator shall establish and
maintain an advisory committee to provide expert
recommendations to the Administrator in order to assist the
Administrator in administering the System.
``(2) Composition.--The advisory committee shall be
composed of members from geographically diverse areas, and
shall include--
``(A) the chief officer or senior executive from at least 3
sponsoring agencies;
``(B) the senior emergency manager from at least 2 States
that include sponsoring agencies; and
``(C) at least 1 representative recommended by the leaders
of the task forces.
``(3) Inapplicability of termination requirement.--Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory committee under this
subsection.
``(m) Preparedness Cooperative Agreements.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Administrator shall
enter into an annual preparedness cooperative agreement with
each sponsoring agency. Amounts made available to a
sponsoring agency under such a preparedness cooperative
agreement shall be for the following purposes:
``(A) Training and exercises, including training and
exercises with other Federal, State, and local government
response entities.
``(B) Acquisition and maintenance of equipment, including
interoperable communications and personal protective
equipment.
``(C) Medical monitoring required for responder safety and
health in anticipation of and following a major disaster,
emergency, or other hazard, as determined by the
Administrator.
``(2) Availability of appropriations.--Notwithstanding
section 1552(b) of title 31, United States Code, amounts made
available for cooperative agreements under this subsection
that are not expended shall be deposited in an Agency account
and shall remain available for such agreements without fiscal
year limitation.
``(n) Response Cooperative Agreements.--The Administrator
shall enter into a response cooperative agreement with each
sponsoring agency, as appropriate, under which the
Administrator agrees to reimburse the sponsoring agency for
costs incurred by the sponsoring agency in responding to a
major disaster or emergency.
``(o) Obligations.--The Administrator may incur all
necessary obligations consistent with this section in order
to ensure the effectiveness of the System.
``(p) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the System and the provisions of this section
$35,250,000 for each of fiscal years 2012, 2013, and 2014.
``(2) Administrative expenses.--The Administrator may use
not to exceed 6 percent of the funds appropriated for a
fiscal year pursuant to paragraph (1) for salaries, expenses,
and other administrative costs incurred by the Administrator
in carrying out this section.''.
(b) Conforming Amendments.--
(1) Applicability of title 5, united states code.--Section
8101(1) of title 5, United States Code, is amended--
(A) in subparagraph (D) by striking ``and'' at the end;
[[Page H6107]]
(B) by moving subparagraph (F) to appear after subparagraph
(E);
(C) in subparagraph (F)--
(i) by striking ``United States Code,''; and
(ii) by adding ``and'' at the end; and
(D) by inserting after subparagraph (F) the following:
``(G) an individual who is a System member of the National
Urban Search and Rescue Response System during a period of
appointment into Federal service pursuant to section 327 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act;''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is
amended--
(A) in paragraph (13) by inserting ``, a period for which a
System member of the National Urban Search and Rescue
Response System is absent from a position of employment due
to an appointment into Federal service under section 327 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act'' before ``, and a period''; and
(B) in paragraph (16) by inserting after ``Public Health
Service,'' the following: ``System members of the National
Urban Search and Rescue Response System during a period of
appointment into Federal service under section 327 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act,''.
SEC. 202. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE
COMPACT GRANTS.
(a) In General.--Subtitle A of title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196 et seq.) is amended by adding at the end the
following:
``SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
``(a) In General.--The Administrator of the Federal
Emergency Management Agency may make grants to provide for
implementation of the Emergency Management Assistance Compact
consented to by Congress in the joint resolution entitled
`Joint resolution granting the consent of Congress to the
Emergency Management Assistance Compact' (Public Law 104-321;
110 Stat. 3877).
``(b) Eligible Grant Recipients.--States and the
Administrator of the Emergency Management Assistance Compact
shall be eligible to receive grants under subsection (a).
``(c) Use of Funds.--A grant received under this section
shall be used--
``(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action reports
for the 2004 and 2005 hurricane seasons;
``(2) to administer compact operations on behalf of States,
as such term is defined in the compact, that have enacted the
compact;
``(3) to continue coordination with the Federal Emergency
Management Agency and appropriate Federal agencies;
``(4) to continue coordination with States and local
governments and their respective national organizations; and
``(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing the providers and the typing of
emergency response resources.
``(d) Coordination.--The Administrator of the Federal
Emergency Management Agency shall consult with the
Administrator of the Emergency Management Assistance Compact
to ensure effective coordination of efforts in responding to
requests for assistance.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000 for
each of the fiscal years 2012, 2013, and 2014. Such sums
shall remain available until expended.''.
(b) Repeal.--Section 661 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 761) is repealed.
SEC. 203. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER
DISASTER SURVIVORS.
Title III of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act as amended by this Act is further
amended by adding at the end the following:
``SEC. 328. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, AND
EQUIPMENT.
``(a) In General.--Notwithstanding any other provision of
law, if the President determines that materials, supplies, or
equipment acquired by the President pursuant to title IV or V
for response or recovery efforts in connection with a major
disaster or emergency are in excess of the amount needed for
those efforts, the President may transfer the excess
materials, supplies, or equipment directly to a State, local
government, or relief or disaster assistance organization for
the purpose of--
``(1) assisting disaster survivors in other major disasters
and emergencies; and
``(2) assisting survivors in incidents caused by a hazard
that do not result in a declaration of a major disaster or
emergency if the Governor of the affected State certifies
that--
``(A) there is an urgent need for the materials, supplies,
or equipment; and
``(B) the State is unable to provide the materials,
supplies, or equipment in a timely manner.
``(b) Hazard Defined.--In this section, the term `hazard'
has the meaning given that term by section 602.''.
SEC. 204. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING
UNITS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of FEMA.
(2) Emergency; major disaster.--The terms ``emergency'' and
``major disaster'' have the meanings given such terms in
section 102 of the Stafford Act (42 U.S.C. 5122).
(3) FEMA.--The term ``FEMA'' means the Federal Emergency
Management Agency.
(4) Hazard.--The term ``hazard'' has the meaning given such
term in section 602 of the Stafford Act (42 U.S.C. 5195a).
(5) Stafford act.--The term ``Stafford Act'' means the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
(b) Needs Assessment; Establishment of Criteria.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall complete an assessment to determine the
number of temporary housing units that FEMA needs to maintain
in stock to respond appropriately to emergencies or major
disasters occurring after the date of enactment of this Act.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
plan and guidelines for--
(A) storing the number of temporary housing units that FEMA
needs to maintain in stock, as determined by the
Administrator under subsection (b); and
(B) selling, transferring, donating, or otherwise disposing
of the temporary housing units in the inventory of FEMA that
are in excess of the number of temporary housing units that
FEMA needs to maintain in stock, as determined by the
Administrator under subsection (b).
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the actions that the Administrator has
taken to establish and implement the plan and guidelines
established under paragraph (1).
(B) Required information.--In each report submitted under
subparagraph (A), the Administrator shall document the number
of temporary housing units remaining in the inventory of FEMA
and the number of units sold, transferred, donated, and
otherwise disposed of pursuant to this section.
(3) Update.--The Administrator shall update the plan
established under paragraph (1) as necessary to ensure that
the Administrator maintains in the inventory of FEMA only
those temporary housing units that are needed to respond
appropriately to emergencies or major disasters.
(d) Transfer of Temporary Housing Units to States.--
(1) In general.--Notwithstanding section 408(d)(2) of the
Stafford Act (42 U.S.C. 5174(d)(2)), and subject to the
requirements of paragraph (2), the Administrator may transfer
or donate to States, on a priority basis, pursuant to
subsection (c)(1)(B), excess temporary housing units in the
inventory of FEMA.
(2) State requests.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, a State may submit to the
Administrator a request to receive excess temporary housing
units under paragraph (1).
(B) Eligibility.--A State shall be eligible to receive
excess temporary housing units under paragraph (1) if the
State agrees--
(i) to use the units to provide temporary housing to
survivors of incidents that are caused by hazards and that
the Governor of the State determines require State
assistance;
(ii) to pay to store and maintain the units;
(iii) in the event of a major disaster or emergency
declared for the State by the President under the Stafford
Act, to make the units available to the President or to use
the units to provide housing directly to survivors of the
major disaster or emergency in the State;
(iv) to comply with the nondiscrimination provisions of
section 308 of the Stafford Act (42 U.S.C. 5151); and
(v) to obtain and maintain hazard and flood insurance on
the units.
(C) Incidents.--The incidents referred to in subparagraph
(B)(i) may include incidents that do not result in a
declaration of a major disaster or emergency by the President
under the Stafford Act.
(3) Distribution.--
(A) Establishment of process.--The Administrator shall
establish a process--
(i) to review requests submitted by States under paragraph
(2); and
(ii) to distribute excess temporary housing units that are
in the inventory of FEMA.
(B) Allocation.--If the number of temporary housing units
requested by States under paragraph (2) exceeds the number of
excess temporary housing units available, the Administrator
shall allocate the available units among the States that have
submitted a request.
(4) Remaining temporary housing units.--Temporary housing
units that are not transferred or donated under paragraph (1)
shall be sold, transferred, donated, or otherwise disposed of
subject to the requirements of section 408(d)(2) of the
Stafford Act (42 U.S.C. 5174(d)(2)) and other applicable
provisions of law.
(5) Limitation on statutory construction.--Nothing in this
section shall be construed to affect section 689k of the
Post-
[[Page H6108]]
Katrina Emergency Management Reform Act of 2006 (120 Stat.
1456). For purposes of that section, a transfer or donation
to a State of a temporary housing unit under paragraph (1)
shall be treated as a disposal to house individuals or
households under section 408 of the Stafford Act (42 U.S.C.
5174).
SEC. 205. OTHER METHODS OF DISPOSAL.
Section 408(d)(2)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B))
is amended--
(1) in clause (i) by striking ``or'';
(2) in clause (ii) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) may be sold, transferred, or donated directly to a
State or other governmental entity or to a voluntary
organization for the sole purpose of providing temporary
housing to disaster victims in disasters and incidents caused
by a hazard (as such term is defined in section 602) that do
not result in a declaration of a major disaster or emergency
if, as a condition of the sale, transfer, or donation, the
State, other governmental agency, or voluntary organization
agrees--
``(I) to comply with the nondiscrimination provisions of
section 308; and
``(II) to obtain and maintain hazard and flood insurance
for the housing units.''.
SEC. 206. ESTABLISHMENT OF CRITERIA RELATING TO
ADMINISTRATION OF HAZARD MITIGATION ASSISTANCE
BY STATES.
Not later than 180 days after the date of enactment of this
Act, the President shall establish the criteria required
under section 404(c)(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c(c)(2)).
SEC. 207. REVIEW OF REGULATIONS AND POLICIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall review regulations and policies relating to Federal
disaster assistance to eliminate regulations the President
determines are no longer relevant, to harmonize contradictory
regulations, and to simplify and expedite disaster recovery
and assistance.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the President shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report describing
changes made to regulations as a result of the review
required under subsection (a), together with any legislative
recommendations relating thereto.
(c) State Hazard Mitigation Plans.--The President, acting
through the Administrator, shall revise regulations related
to the submission of State Hazard Mitigation Plans to extend
the hazard mitigation planning cycle to every 5 years,
consistent with local planning cycles.
SEC. 208. APPEALS PROCESS.
Section 423(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended
to read as follows:
``(b) Period for Decision.--
``(1) In general.--A decision regarding an appeal under
subsection (a) shall be rendered within 60 days after the
date on which the Federal official designated to administer
such appeal receives notice of such appeal.
``(2) Failure to satisfy deadline.--If the Federal official
fails to satisfy the requirement under paragraph (1), the
Federal official shall provide a written explanation of such
failure to the applicant. The President, acting through the
Administrator of the Federal Emergency Management Agency,
shall transmit quarterly to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on such failures.''.
SEC. 209. IMPLEMENTATION OF COST ESTIMATING.
Not later than 180 days after the date of enactment of this
Act, the President, acting through the Administrator of the
Federal Emergency Management Agency, shall issue and begin to
implement the regulations required by section 406(e)(3)(C) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172(e)(3)(C)) to provide for cost
estimation procedures that expedite recovery and to reduce
the costs and time for completion of recovery projects
through the creation of financial and performance incentives.
SEC. 210. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY
DECLARATION UNDER THE STAFFORD ACT.
(a) Major Disaster Requests.--Section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) is amended--
(1) by striking ``All requests for a declaration'' and
inserting ``(a) In General.--All requests for a
declaration''; and
(2) by adding at the end the following:
``(b) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a
declaration by the President that a major disaster exists
consistent with the requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or
section 319 to a State or the Governor of a State is deemed
to refer to an affected Indian tribal government or the Chief
Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving
assistance under this title through a declaration made by the
President at the request of a State under subsection (a) if
the President does not make a declaration under this
subsection for the same incident.
``(c) Cost Share Adjustments for Indian Tribal
Governments.--
``(1) In general.--In providing assistance to an Indian
tribal government under this title, the President may waive
or adjust any payment of a non-Federal contribution with
respect to the assistance if--
``(A) the President has the authority to waive or adjust
the payment under another provision of this title; and
``(B) the President determines that the waiver or
adjustment is necessary and appropriate.
``(2) Criteria for making determinations.--The President
shall establish criteria for making determinations under
paragraph (1)(B).''.
(b) Emergency Requests.--Section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191) is amended by adding at the end the following:
``(c) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a
declaration by the President that an emergency exists
consistent with the requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this title in response to a request of
the Chief Executive of an affected Indian tribal government
for an emergency declaration, any reference in this title or
section 319 to a State or the Governor of a State shall be
deemed to refer to an affected Indian tribal government or
the Chief Executive of an affected Indian tribal government,
as appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving
assistance under this title through a declaration made by the
President at the request of a State under subsection (a) if
the President does not make a declaration under this
subsection for the same incident.''.
(c) Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended--
(1) in paragraph (7)(B) by striking ``; and'' and inserting
``, that is not an Indian tribal government as defined in
paragraph (6); and'';
(2) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
``(6) Indian tribal government.--The term `Indian tribal
government' means the governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, or community
that the Secretary of the Interior acknowledges to exist as
an Indian tribe under the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a et seq.).''; and
(4) by adding at the end the following:
``(12) Chief executive.--The term `Chief Executive' means
the person who is recognized by the Secretary of the Interior
as the chief elected administrative officer of an Indian
tribal government.''.
(d) References.--Title I of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended by adding after section 102 the following:
``SEC. 103. REFERENCES.
``Except as otherwise specifically provided, any reference
in this Act to `State and local', `State or local', or
`State, local' with respect to governments or officials and
any reference to a `local government' in section 417 is
deemed to refer also to Indian tribal governments and
officials, as appropriate.''.
(e) Regulations.--
(1) Issuance.--The President shall issue regulations to
carry out the amendments made by this section.
(2) Factors.--In issuing the regulations, the President
shall consider the unique conditions that affect the general
welfare of Indian tribal governments.
SEC. 211. INDIVIDUAL ASSISTANCE FACTORS.
In order to provide more objective criteria for evaluating
the need for assistance to individuals and to speed a
declaration of a major disaster or emergency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in cooperation with
representatives of State, tribal, and local emergency
management agencies, shall review, update, and revise through
rulemaking the factors considered under section 206.48 of
title 44, Code of Federal Regulations (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. 212. PUBLIC ASSISTANCE PILOT PROGRAM.
(a) Pilot Program.--
[[Page H6109]]
(1) In general.--The President, acting through the
Administrator of the Federal Emergency Management Agency, and
in coordination with States, tribal and local governments,
and owners or operators of private non-profit facilities,
shall establish and conduct a pilot program to--
(A) reduce the costs to the Government of providing
assistance to States, tribal and local governments, and
owners or operators of private non-profit facilities under
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) (referred to in
this section as the ``Act'');
(B) increase flexibility in the administration of section
406 of such Act; and
(C) expedite the provision of assistance to States, tribal,
and local governments provided under section 406 of the Act.
(2) Participation.--Only States, tribal and local
governments, and owners or operators of private non-profit
facilities that elect to participate in the pilot program may
participate in the pilot program for their projects.
(3) Administration.--
(A) In general.--For the purposes of the pilot program, the
Administrator shall establish new procedures to administer
assistance provided under section 406 of the Act.
(B) New procedures.--The new procedures established under
subparagraph (A) shall include--
(i) making grants on the basis of estimates agreed to by
the State, tribal, or local government, or owner or operator
of a private non-profit facility and the Administrator to
provide financial incentives and disincentives for the State,
tribal, or local government, or owner or operator of a
private non-profit facility for the timely and cost-effective
completion of projects under section 406 of the Act;
(ii) notwithstanding sections 406(c)(1)(A) and 406(c)(2)(A)
of the Act, providing an option for a State, tribal, or local
government, or owner or operator of a private non-profit
facility to elect to receive an in-lieu contribution, without
reduction, on the basis of estimates of the cost of repair,
restoration, reconstruction, or replacement of a public
facility owned or controlled by the State, tribal, or local
government and of management expenses;
(iii) consolidating, to the extent determined appropriate
by the Administrator, the facilities of a State, tribal, or
local government, or owner or operator of a private nonprofit
facility as a single project based upon the estimates
established under the pilot procedures; and
(iv) notwithstanding any other provision of law, if the
actual costs of a project completed under the pilot
procedures are less than the estimated costs thereof, the
Administrator may permit a grantee or sub grantee to use all
or part of the excess funds for cost-effective activities
that reduce the risk of future damage, hardship, or suffering
from a major disaster.
(4) Waiver.--The Administrator may waive such regulations
or rules applicable to the provisions of assistance in
section 406 of the Act as the Administrator determines are
necessary to carry out the pilot program under this section.
(b) Report.--
(1) In general.--Not later than October 31, 2015, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report regarding the effectiveness of the pilot
program under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) an assessment by the Administrator of any
administrative or financial benefits of the pilot program;
(B) an assessment by the Administrator of the effect,
including any savings in time and cost, of the pilot program;
(C) any other findings and conclusions of the Administrator
with respect to the pilot program; and
(D) any recommendations of the Administrator for additional
authority to continue or make permanent the pilot program.
(c) Deadline for Initiation of Implementation.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall begin implementation of the pilot program
under this section.
(d) Pilot Program Duration.--The Administrator may not
approve a project under the pilot program under this section
after December 31, 2014.
SEC. 213. PUBLIC ASSISTANCE DEBRIS REMOVAL PROCEDURES.
(a) In General.--The President, acting through the
Administrator of the Federal Emergency Management Agency,
shall establish new procedures to administer assistance for
debris and wreckage removal provided under sections
403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)(A), 5173, and 5192(a)(5)).
(b) New Procedures.--The new procedures established under
subsection (a) may include--
(1) making grants on the basis of fixed estimates to
provide financial incentives and disincentives for the timely
or cost effective completion of projects under sections
403(a)(3)(A), 407, and 502(a)(5) of such Act if the State,
tribal, or local government, or owner or operator of the
private non-profit facility agrees to be responsible to pay
for any actual costs that exceed the estimate;
(2) using a sliding scale for the Federal share for removal
of debris and wreckage based on the time it takes to complete
debris and wreckage removal;
(3) allowing utilization of program income from recycled
debris without offset to grant amount;
(4) reimbursing base and overtime wages for employees and
extra hires of a State, tribal, or local government, or owner
or operator of a private non-profit facility performing or
administering debris and wreckage removal; and
(5) notwithstanding any other provision of law, if the
actual costs of projects under subsection (b)(1) are less
than the estimated costs thereof, the Administrator may
permit a grantee or sub grantee to use all or part of the
excess funds for any of the following purposes:
(A) Debris management planning.
(B) Acquisition of debris management equipment for current
or future use.
(C) Other activities to improve future debris removal
operations, as determined by the Administrator.
SEC. 214. USE OF FUNDS.
Unless otherwise specified in this Act, the Administrator
of the Federal Emergency Management Agency shall use amounts
authorized pursuant to section 699 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 811) for
reviews, reports, and studies included in this Act.
SEC. 215. REDUCTION OF AUTHORIZATION FOR EMERGENCY MANAGEMENT
PERFORMANCE GRANTS.
Section 662(f)(5) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762) is amended by striking
``$950,000,000'' and inserting ``$946,600,000''.
SEC. 216. TECHNICAL CORRECTION.
Section 202(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5132(c)) is amended
by striking ``section 611(c)'' and inserting ``section
611(d)''.
SEC. 217. NATIONAL DAM SAFETY PROGRAM ACT REAUTHORIZATION.
(a) Short Title.--This section may be cited as the ``Dam
Safety Act of 2012''.
(b) Purpose.--The purpose of this section is to reduce the
risks to life and property from dam failure in the United
States through the reauthorization of an effective national
dam safety program that brings together the expertise and
resources of Federal and non-Federal communities in achieving
national dam safety hazard reduction.
(c) Amendments to the National Dam Safety Program Act.--
(1) Administrator.--
(A) In general.--The National Dam Safety Program Act (33
U.S.C. 467 et seq.) is amended by striking ``Director'' each
place it appears and inserting ``Administrator''.
(B) Conforming amendment.--Section 2(3) of such Act (33
U.S.C. 467(3)) is amended in the paragraph heading by
striking ``Director'' and inserting ``Administrator''.
(2) Inspection of dams.--Section 3(b)(1) of such Act (33
U.S.C. 467a(b)(1)) is amended by striking ``or maintenance''
and inserting ``maintenance, condition, or provision for
emergency operations''.
(3) National dam safety program.--
(A) Objectives.--Section 8(c)(4) of such Act (33 U.S.C.
467f(c)(4)) is amended to read as follows:
``(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist the
public in mitigating against, preparing for, responding to,
and recovering from dam incidents;''.
(B) Board.--Section 8(f)(4) of such Act (33 U.S.C.
467f(f)(4)) is amended by inserting ``, representatives from
nongovernmental organizations,'' after ``State agencies''.
(4) Authorization of appropriations.--
(A) National dam safety program.--
(i) Annual amounts.--Section 13(a)(1) of such Act (33
U.S.C. 467j(a)(1)) is amended by striking ``$6,500,000 for
fiscal year 2007, $7,100,000 for fiscal year 2008, $7,600,000
for fiscal year 2009, $8,300,000 for fiscal year 2010, and
$9,200,000 for fiscal year 2011'' and inserting ``$8,024,000
for each of fiscal years 2012 through 2015''.
(ii) Maximum amount of allocation.--
(I) In general.--Section 13(a)(2)(B) of such Act (33 U.S.C.
467j(a)(2)(B)) is amended by striking ``50 percent of the
reasonable cost of implementing the State dam safety
program'' and inserting ``the amount of funds committed by
the State to implement dam safety program activities''.
(II) Applicability.--The amendment made by subclause (I)
shall apply to fiscal year 2013 and each fiscal year
thereafter.
(B) National dam inventory.--Section 13(b) of such Act (33
U.S.C. 467j(b)) is amended by striking ``$650,000 for fiscal
year 2007, $700,000 for fiscal year 2008, $750,000 for fiscal
year 2009, $800,000 for fiscal year 2010, and $850,000 for
fiscal year 2011'' and inserting ``$383,000 for each of
fiscal years 2012 through 2015''.
(C) Research.--Section 13(c) of such Act (33 U.S.C.
467j(c)) is amended by striking ``$1,600,000 for fiscal year
2007, $1,700,000 for fiscal year 2008, $1,800,000 for fiscal
year 2009, $1,900,000 for fiscal year 2010, and $2,000,000
for fiscal year 2011'' and inserting ``$1,000,000 for each of
fiscal years 2012 through 2015''.
(D) Dam safety training.--Section 13(d) of such Act (33
U.S.C. 467j(d)) is amended by striking ``$550,000 for fiscal
year 2007, $600,000 for fiscal year 2008, $650,000 for fiscal
year 2009, $700,000 for fiscal year 2010, and $750,000 for
fiscal year 2011'' and inserting ``$750,000 for each of
fiscal years 2012 through 2015''.
[[Page H6110]]
(E) Staff.--Section 13(e) of such Act (33 U.S.C. 467j(e))
is amended by striking ``$700,000 for fiscal year 2007,
$800,000 for fiscal year 2008, $900,000 for fiscal year 2009,
$1,000,000 for fiscal year 2010, and $1,100,000 for fiscal
year 2011'' and inserting ``$436,000 for each of fiscal years
2012 through 2015''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Denham) and the gentlewoman from the District of
Columbia (Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. DENHAM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 2903, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
{time} 1710
Mr. DENHAM. Mr. Speaker, I yield myself such time as I may consume.
H.R. 2903, the FEMA Reauthorization Act, would reauthorize FEMA and
make important reforms that will save money and speed up disaster
recovery. It keeps FEMA funding at current levels and fully complies
with House budget rules, and it includes bipartisan provisions passed
by the House last Congress. This legislation is the product of key
Members working together to produce real reforms.
First, let me thank Chairman John Mica, the chairman of the
Transportation and Infrastructure Committee, for his strong leadership
and work on this legislation.
I also want to thank Ranking Member Norton, of the subcommittee, for
her help in drafting legislation that protects our first responders,
incorporates real reforms, and strengthens our emergency management
capability.
The legislation also incorporates a top priority of the ranking
member's of the full committee, Mr. Rahall's, which enables Indian
tribes to request disaster declarations--provisions I support. I thank
him for his work on these important provisions.
I also want to thank Chairman King of the Committee on Homeland
Security and to thank Chairman Bilirakis of the Subcommittee on
Emergency Preparedness, Response, and Communications for their
leadership and working with us on the integrated public alert and
warning system provisions of the bill. I look forward to working with
the Committee on Homeland Security on other important issues.
Finally, I want to thank the gentlemen from New York and Missouri,
Mr. Hanna and Mr. Carnahan, for their work and leadership on
reauthorizing the National Dam Safety Program included in this bill.
I am also pleased that this legislation has wide support from key
stakeholders representing first responders, State and local officials,
tribal communities, and the private sector.
We have received letters endorsing provisions in this bill from the
National Emergency Management Association, the International
Association of Emergency Managers, the National Alliance of State
Broadcasting Associations, the National Association of Broadcasters,
the National Association of Counties, the Association of State Dam
Safety Officials, the Disaster Recovery Contractors Association, the
National Task Force Representative for the 28 sponsoring agencies of
Urban Search and Rescue Task Forces, and tribal communities around the
Nation.
The Transportation and Infrastructure Committee has a long tradition
of approaching FEMA and emergency management issues in a bipartisan
manner. Disasters don't follow political boundaries, and ensuring we
are prepared is critical to our Nation. From major hurricanes to
floods, earthquakes, tornadoes, wildfires, nuclear accidents, and
terrorist attacks, the costs of disasters can be significant, not just
in terms of economic costs, but in the devastation to lives, homes, and
communities. A good response to a disaster is critical to saving lives
and minimizing damage, but recovering from such devastation is the key
to rebuilding local economies and in helping people put their lives
back together.
After Hurricane Katrina, Congress authorized FEMA for the first time
and fundamentally reformed the Nation's disaster response system.
Congress rebuilt FEMA and strengthened disaster response capabilities.
We created a National Preparedness System so that States and the
Federal Government will have the plans and resources in place before
disaster strikes. But, as the reconstruction from Hurricane Katrina
dragged on and on, it became apparent Congress needed to streamline the
disaster recovery programs so communities can rebuild faster and for
less money. The longer it takes to rebuild basic infrastructure after a
disaster, the longer it takes for a local economy and tax base to
recover and the more it costs Federal taxpayers.
The FEMA Reauthorization Act includes key reforms to save money by
cutting through costly and bureaucratic red tape and speeding up
reconstruction. For example, at one of our subcommittee hearings last
year, the inspector general's office testified that, if FEMA just
implemented the cost estimating provisions of the Disaster Mitigation
Act, recovery could be sped up significantly and costs minimized.
H.R. 2903 sets deadlines for FEMA to finally implement these
commonsense provisions, and it makes other changes that will save
taxpayers money. This bill also would make other important reforms,
including setting a clear framework for the development of the
Integrated Public Alert and Warning System, the IPAWS system, to ensure
money is not wasted.
At the committee's request, the GAO issued a report in 2009 detailing
the key problems with FEMA's development of IPAWS. We also heard from
many stakeholders, including the elderly, people with disabilities, as
well as from industries like the commercial broadcasters and wireless
industry, that FEMA was not giving them a seat at the table as FEMA
modernized the system.
H.R. 2903 sets a clear framework and deadlines to ensure key
stakeholders are a part of FEMA's modernization of the system. This
will be critical in ensuring there are effective alerts and warnings to
the public. In addition to these commonsense reforms, this reauthorizes
FEMA's overall management budget, the Urban Search and Rescue System,
and the Emergency Management Assistance Compact.
This legislation will save lives, save money, and help communities
that have been devastated by disasters to recover and rebuild faster. I
urge my colleagues to support H.R. 2903, as amended.
I reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 17, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Chairman Mica: I am writing in regards to the
jurisdictional interest of the Committee on Homeland Security
over provisions in H.R. 2903, the FEMA Reauthorization Act of
2011, which was ordered to be reported by voice vote as
amended by the Committee on Transportation and Infrastructure
on March 8, 2012 and sequentially referred to the Committee
on Homeland Security on September 17, 2012.
I understand the importance of advancing this legislation
to the House floor in an expeditious manner. Therefore, the
Committee on Homeland Security will discharge H.R. 2903 from
further consideration. This action is conditional on our
mutual understanding and agreement that doing so will in no
way diminish or alter the jurisdiction of the Committee on
Homeland Security over the subject matter included in this or
similar legislation. In addition, I would like to thank you
for working with me on modifying H.R. 2903 to include
provisions that were within Chairman Bilirakis' bill, H.R.
3563, the Integrated Public Alert and Warning System
Modernization Act of 2011. I request that you urge the
Speaker to appoint members of this Committee to any
conference committee for consideration of any provisions that
fall within the jurisdiction of the Committee on Homeland
Security in the House-Senate conference on this or similar
legislation.
I also request that this letter and your response be
included during consideration of this measure on the House
floor. Thank you for your consideration of this matter.
Sincerely,
Peter T. King,
Chairman.
[[Page H6111]]
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, September 18, 2012.
Hon. Peter T. King
Chairman, Committee on Homeland Security,
Ford House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding the
H.R. 2903, the FEMA Reauthorization Act of 2011. I appreciate
your willingness to support expediting floor consideration of
this legislation.
I understand and agree that your willingness to forgo
further consideration of the bill is without prejudice to
your Committee's jurisdictional interest in this or similar
legislation. In the event a House-Senate conference is
convened on H.R. 2903 or similar legislation, I would support
your request to be represented on those provisions over which
the Committee on Homeland Security has jurisdiction.
I appreciate your cooperation regarding this legislation
and I will include our letters on H.R. 2903 in the
Congressional Record during House floor consideration of the
bill.
Sincerely,
John L. Mica,
Chairman.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the chairman for the bipartisan measures this bill
contains, measures like the Integrated Public Alert and Warning System
and a number of others.
I rise in support of H.R. 2903. This bipartisan measure reauthorizes
the Federal Emergency Management Agency, FEMA; authorizes an Integrated
Public Alert and Warning System; and includes many provisions that were
incorporated into similar legislation in past Congresses. I am pleased
to see them, once again, come to the floor. Perhaps we can get them
through the House and the Senate at some point in the near future,
because these are not controversial matters.
Despite our broad support for this measure, we are disappointed in
the authorized levels of funding for FEMA and the disaster assistance
programs. Instead of evaluating the needs of the agency and its
programs and then establishing the maximum amounts that would be
appropriate, the Transportation and Infrastructure Committee, through
this bill, is essentially deferring to the Appropriations Committee to
tell the authorizers how to do their jobs by only authorizing amounts
equal to the last appropriated amounts.
Let me be clear, however. If we authorized the maximum that could be
needed, the budget deficit would not be increased. The amount
authorized merely specifies need while only the actual amounts
appropriated can affect the amounts spent. It is the authorizers who
are to speak to need. It is for the Members who, in fact, decide how to
divide the funds, the appropriators, once the need is assessed, to
decide how much the country can afford to spend. They need our expert
guidance. They don't have it in this bill.
I would also like to call attention to a few important changes
included in this legislation:
For example, H.R. 2903 improves many of FEMA's programs and
activities, including codifying the debris removal program. The current
debris removal program is based on a pilot program from several years
ago. We have heard firsthand from local governments and emergency
management professionals about the need to make this successful
program--a program that we have already piloted--permanent to help
local communities expedite recovery from disasters.
In addition, this bill addresses a long expressed concern of mine
about the need to expedite FEMA's appeals process. Without firm
timelines, the current appeals process has led to long and unnecessary
delays in disaster closeouts. This, in turn, has prevented disaster
funds obligated for a specific disaster from being deobligated and
returned to the Disaster Relief Fund. Last fall, as the Disaster Relief
Fund was on the brink of running out of funds, FEMA was actually able
to close out several disaster accounts and find the necessary funds to
finance disaster relief until Congress replenished the fund.
{time} 1720
Moreover, timely resolution of these appeals will allow these funds
to be used for infrastructure repair, which will assist the economic
recovery for communities hard hit by disasters.
More than 12 years ago, Congress enacted the Disaster Mitigation Act
of 2000, directing FEMA to begin using cost estimating for repair and
reconstruction projects to expedite the recovery process and disaster
closeout. Yet, today, FEMA still has not promulgated regulations to
implement this provision. H.R. 2903 requires FEMA to promulgate these
regulations and to implement cost estimating within 180 days of the
passage of this act. We mean it this time.
This provision also will eliminate one of the most inefficient and
ridiculous uses of Federal funds that I know of, one that has gotten on
my last nerve, where FEMA pays not only for its own experts, but also
for the States' experts, essentially encouraging the submission of
competing estimates of cost repair, instead of each side deciding on a
neutral party to, in fact, estimate those costs.
Finally, FEMA Administrator Fugate has requested that I note FEMA's
support for section 210 of this bill, which would authorize Indian
tribes to directly make a request to the President for a disaster or
emergency declaration. This provision acknowledges tribal sovereignty,
enhances FEMA's working relationship with the tribal governments, and
improves emergency and disaster responsiveness throughout Indian
Country. Numerous Indian tribes have expressed support for this
provision, as has the National Congress of American Indians.
I want especially to thank the ranking member, Mr. Rahall, for his
leadership on this and other issues in this bill.
Despite my concerns about the authorized amounts in this bill, H.R.
2903 is good public policy and is necessary to eliminate inefficient
government actions and to expedite disaster recovery.
Mr. Speaker, I urge my colleagues to join in supporting this bill,
and I reserve the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon, chairman of the Subcommittee on Communications and Technology,
Mr. Walden, for a colloquy.
Mr. WALDEN. I thank the chairman, and I thank my good friend from
California for his terrific work on this bipartisan piece of
legislation which is very important to the citizens of this country.
I also want to thank you for this colloquy.
I plan to support your bill, obviously. I think it's a good bill. I
just want to clarify because I'm concerned that the language in section
102 of the bill could be construed as authorizing the imposition of
requirements on the communications sector. Can you assure me that this
is not the effect of this language?
Mr. DENHAM. Will the gentleman yield?
Mr. WALDEN. I yield to the gentleman.
Mr. DENHAM. This bill in no way authorizes FEMA or anyone else to
impose any obligations on any participant in the communications
industry. Only the FCC can require a participant in the communications
industry to take any action with respect to emergency-related alerts.
To make this clear, we agree to add language at a later stage
indicating that nothing in this bill requires or allows FEMA or any
other government entity to require any action on the part of the FCC,
the Department of Commerce, the Office of Energy Communications, or any
nongovernment entity; nor does it have any impact on any existing
obligations of these entities.
Mr. WALDEN. I appreciate the gentleman's comments, and I welcome and
thank you for them.
Ms. NORTON. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Ms. Richardson).
Ms. RICHARDSON. Mr. Speaker, I want to commend my friend and
colleague from California, Chairman Denham, as well as Ranking Member
Norton, for bringing this bill forward and for working with me to
improve the bill.
I serve in a unique position by serving on both the Transportation
and Infrastructure Committee, as well as Homeland Security. Although
this may not be the perfect bill, as some have articulated for the
record already, I would have preferred, for example, that the bill make
more explicit FEMA's authority to respond to acts of terrorism, in
addition to natural disasters. Yet I believe it is necessary that we
pass this bill today to ensure that the men and women of FEMA have the
[[Page H6112]]
resources necessary to respond to emergencies and disasters in the near
future.
I rise in support of the bill, specifically to the language that I
added to H.R. 2903 in committee, and I believe it's essential to the
well-being of the American people. Specifically, my language, which was
marked up in the Committee on Transportation and Infrastructure, and
accepted with bipartisan approval, would provide a series of checks and
balances that keep the American public safe.
First, my language simply would ensure that the Department of
Homeland Security coordinates and provides guidance to the appropriate
individuals, officials, and organizations for outreach to individuals
with disabilities during unforeseen disasters. This simple,
straightforward language will help to keep the disabled, who are the
most vulnerable and often times experience the greatest challenges
during a time of disaster, safe during those disasters, and also from
terrorist attacks.
Individuals with disabilities should feel as safe and secure in their
communities and their work environments as individuals without
disabilities. Too often, however, the needs of people with disabilities
are not considered in emergency planning despite the fact that the need
for such planning has received an increased focus due to the recent
disasters--for example, Hurricane Katrina--both natural and man-made.
FEMA Administrator Craig Fugate has stated that:
At FEMA, we need to do a better job of meeting the needs of
people with disabilities when disaster strikes. We have to
start by supporting and encouraging our entire emergency
management team, including our State and local partners, to
integrate the needs of people with disabilities into all
planning.
My language strengthens H.R. 2903 by ensuring guidance is given to
the individuals with disabilities and facilitates cooperation among
Federal, State, territorial, local, and tribal governments, private
organizations, and individuals in the implementation of emergency
preparedness plans related to individuals with disabilities.
Additionally, I included language that would make sure that the
integrated public alert and warning system, IPAWS, is properly
performing and that the system needs to be tested regularly. IPAWS is
the generation platform for transmitting emergency alerts. I have the
experience of representing in my district, the 37th Congressional
District, the largest number of Samoans outside of Samoa. If we look at
that particular incident, and had we had a better working system
similar to what IPAWS will be able to do, I believe many lives would
not have been lost.
Mr. Speaker, as you know, in November 2011, FEMA conducted a
nationwide test of the emergency alert system for the first time in the
system's 50-year existence. The system met with widespread problems.
With the ever-changing threat to the environment and technological
landscape, we cannot afford to wait 50 years to verify if IPAWS is
fully performing. To do so is irresponsible. In the case of EAS tests,
significant gaps in the system's ability to provide a nationwide alert
were revealed for the first time.
My language seeks to make sure that IPAWS in the future is regularly
tested and to encourage the administrator of FEMA to test the system at
least once every 3 years.
Mr. Speaker, I believe that the language that I submitted was
accepted in a bipartisan way, strengthens this bill, and I encourage my
colleagues to support the bill as a whole.
Mr. DENHAM. Mr. Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Mr. Speaker, I rise today in support of H.R. 2903, the
FEMA Reauthorization Act of 2012, and particularly section 102, which
authorizes the integrated public alert and warning system.
Section 102 is very similar to H.R. 3563, legislation that I
introduced last year to authorize IPAWS, as we call it, which was
reported by the Committee on Homeland Security in March. The bill
authorizes FEMA's efforts to provide timely emergency alerts and
warnings through a range of alerting mechanisms and forms of
technology. Emergency management officials, including officials in my
home State of Florida, have stressed the value and importance of IPAWS
to me personally.
{time} 1730
The National Emergency Management Association has publicly supported
my IPAWS legislation, and I'm pleased to see they support this bill as
well.
The Subcommittee on Emergency Preparedness, Response, and
Communications, which I chair, has conducted robust oversight of the
IPAWS program during the 112th Congress, having held multiple hearings
and a briefing on the topic.
I want to thank Chairman Denham for working with me and my staff to
incorporate some of the provisions of my bill that were a product of
this oversight into the legislation we are considering today, including
language related to individuals with disabilities, access and
functional needs, language ensuring the protection of individual
privacy, and language regarding the resilience of the system.
I'm disappointed, however, that language I suggested to include a
specific reference of the system's applicability to acts of terrorism
was not incorporated into the bill. However, I look forward to working
with Chairman Denham and our Senate colleagues as this bill moves
through the legislative process to clarify this issue.
I urge my colleagues to join me in supporting this bill.
Ms. NORTON. I appreciate that Chairman Denham has brought this FEMA
reauthorization bill to the floor.
Mr. Speaker, this bill has now gone over a couple of Congresses. The
Democrats didn't get it done, and the Republicans didn't get it done.
It's really too important. I hope that in the 113th Congress, this bill
can be brought forward early because a lot of very good work has been
done on the bill.
Mr. Speaker, I regret that as we sit and think about the 112th
Congress, it will be impossible to think of a single major bill passed
during these 2 years. In order to pass bills, both Houses have to get
together and compromise. That seems to have been impossible, at least
for this House.
We are about to leave town in September with a couple of months still
to go without the middle class tax cuts just when the recovery needs a
boost; in the midst of a drought, without the farm bill; and without
the Violence Against Women Act, which passed with an overwhelming
bipartisan vote in the Senate. What will it take to get something done?
I hope the 113th Congress proves more productive.
This has been called a do-nothing Congress. I would say this Congress
has done real harm. To call it a do-nothing Congress is to give it more
credit than it deserves.
This is a Congress, at least in the House, that will be remembered
for having voted to end Medicare as we know it and increase the cost of
healthcare for seniors by $6,400. The 112th Congress will be
remembered, all right, for tax breaks for the wealthy and for
corporations that ship jobs overseas.
We, in the 112th Congress, have done something amazing when you
consider that we have been in a recession unheard of since the Great
Depression. We have left the economy entirely to the Federal Reserve
Board, to monetary policy, by abandoning the job of Congress to enact
fiscal policy. There has been none in the 112th Congress that has had
any effect on the economy.
No wonder. We are here for only 8 days after the August recess. If
our Republican majority could have phoned in the CR, I believe they
would have done it, if you look at what is on our plate as we get ready
to go home.
We are going home in September leaving, unthinkably, even the major
business of sequestration, the ultimate bill that was passed to force
us to get together and compromise. In leaving sequestration on the
table, we are leaving a bill that could collapse the entire economy.
It's a fitting end for a Congress that did nothing, but in fact, did
harm.
I yield back the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield myself such time as I may consume.
Let me first start by saying I am proud that we have got another
bipartisan bill here that addresses many different areas from FEMA to
IPAWS.
[[Page H6113]]
Getting the tribal language in here, I think, is not only a good
bipartisan effort, but one that the administration is supporting, as
well working directly with Director Fugate. I was glad to see the
administration put out an email on the tribal language just a little
while ago.
Let me respond to the concern that this bill may not allow FEMA to
respond to a terrorist attack. It's just not true.
First, the President used the Stafford Act and FEMA to declare a
Federal disaster and to respond to every major terrorist attack in this
country. There's no question FEMA, the Stafford Act, or this bill fully
authorizes the President to direct any element of the Federal
Government to respond to a terrorist attack.
Second, one of the most important reforms made by this bill is to
remove the liability cloud hanging over our urban search and rescue
teams when they're called into Federal service to respond to a
disaster.
On September 11, these teams responded to the World Trade Center and
the Pentagon. They responded to Hurricane Katrina and even the
earthquake in Haiti. Many of these brave first responders are licensed
medical professionals or engineers who knowingly put themselves at risk
when they are federalized and sent to other States.
The urban search and rescue teams have waited 10 years to remove this
cloud over their heads. This bill finally fixes that problem. That's
why this bill is supported by the urban search and rescue teams, the
International Association of Fire Chiefs, the National Association of
Counties, the National Emergency Management Association, and the
International Association of Emergency Managers.
They also support this bill and support our first responders. Vote
for this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Denham) that the House suspend the rules
and pass the bill, H.R. 2903, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________