[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.

                          ____________________