[House Report 111-562]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-562

======================================================================



 
  DISASTER RESPONSE, RECOVERY, AND MITIGATION ENHANCEMENT ACT OF 2009

                                _______
                                

 July 22, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3377]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3377) to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to 
enhance the Nation's disaster preparedness, response, recovery, 
and mitigation capabilities, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.

    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

Sec. 101. Pre-disaster hazard mitigation.
Sec. 102. Health benefits for temporary employees.
Sec. 103. Disposal of excess property to assist other disaster 
survivors.
Sec. 104. National Urban Search and Rescue Response System.
Sec. 105. Disaster Relief Fund.

       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS

Sec. 201. Additional mitigation assistance.
Sec. 202. Temporary mortgage and rental payments.
Sec. 203. Clarification of grant authority.
Sec. 204. Case management services.
Sec. 205. Household pets and service animals.
Sec. 206. Storage, sale, transfer, and disposal of housing units.
Sec. 207. Other methods of disposal.
Sec. 208. Establishment of criteria relating to administration of 
hazard mitigation assistance by States.
Sec. 209. Use of financial assistance to disseminate information 
regarding cost-effective mitigation technologies.

                        TITLE III--OTHER MATTERS

Sec. 301. Emergency management assistance compact grants.
Sec. 302. Authority to accept and use gifts.
Sec. 303. Individual assistance factors.
Sec. 304. Technical corrections to references.
Sec. 305. Functions of Federal coordinating officer.
Sec. 306. Federal interagency disaster recovery task force.
Sec. 307. Debris removal.
Sec. 308. Review of regulations and policies.
Sec. 309. Appeals process.
Sec. 310. Repair, restoration, and replacement of damaged facilities.
Sec. 311. Special procedures for widespread damage.

    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

SEC. 101. PRE-DISASTER HAZARD MITIGATION.

  (a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is 
amended to read as follows:
  ``(f) Allocation of Funds.--
          ``(1) In general.--The President shall award financial 
        assistance under this section on a competitive basis and in 
        accordance with the criteria in subsection (g).
          ``(2) Minimum and maximum amounts.--In providing financial 
        assistance under this section, the President shall ensure that 
        the amount of financial assistance made available to a State 
        (including amounts made available to local governments of the 
        State) for a fiscal year--
                  ``(A) is not less than the lesser of--
                          ``(i) $575,000; or
                          ``(ii) the amount that is equal to one 
                        percent of the total funds appropriated to 
                        carry out this section for the fiscal year; and
                  ``(B) does not exceed the amount that is equal to 15 
                percent of the total funds appropriated to carry out 
                this section for the fiscal year.''.
  (b) Authorization of Appropriations.--Section 203(m) of such Act (42 
U.S.C. 5133(m)) is amended to read as follows:
  ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2010, 2011, and 2012.''.
  (c) References.--Section 203 of such Act (42 U.S.C. 5133) is 
amended--
          (1) in the section heading by striking ``PREDISASTER'' and 
        inserting ``PRE-DISASTER'';
          (2) in the subsection heading for subsection (i) by striking 
        ``Predisaster'' and inserting ``Pre-Disaster'';
          (3) by striking ``Predisaster'' each place it appears and 
        inserting ``Pre-Disaster''; and
          (4) by striking ``predisaster'' each place it appears and 
        inserting ``pre-disaster''.

SEC. 102. HEALTH BENEFITS FOR TEMPORARY EMPLOYEES.

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

SEC. 103. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER 
                    SURVIVORS.

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

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

  ``(a) In General.--Notwithstanding any other provision of law, if the 
President determines that materials, supplies, or equipment acquired by 
the President pursuant to title IV or V for response or recovery 
efforts in connection with a major disaster or emergency is in excess 
of the amount needed for those efforts, the President may transfer the 
excess materials, supplies, or equipment, by sale, at a price that is 
fair and equitable, directly to a State, local government, or relief or 
disaster assistance organization for the purpose of--
          ``(1) assisting disaster 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--
                  ``(A) the Governor of the affected State certifies 
                that--
                          ``(i) there is an urgent need for the 
                        materials, supplies, or equipment; and
                          ``(ii) the State is unable to provide the 
                        materials, supplies, or equipment in a timely 
                        manner; and
                  ``(B) the President determines that the materials, 
                supplies, or equipment is not readily available from 
                commercial sources, except that this subparagraph shall 
                not apply in the case of a transfer of perishable 
                supplies.
  ``(b) Deposit of Proceeds.--Notwithstanding any other provision of 
law, any proceeds received under subsection (a) shall be deposited in 
the appropriate Disaster Relief Fund account.
  ``(c) Hazard Defined.--In this section, the term `hazard' has the 
meaning given that term by section 602.''.

SEC. 104. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

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

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

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
          ``(2) Agency.--The term `Agency' means the Federal Emergency 
        Management Agency.
          ``(3) Hazard.--The term `hazard' has the meaning given that 
        term by section 602.
          ``(4) Non-employee system member.--The term `non-employee 
        System member' means a System member not employed by a 
        sponsoring agency or participating agency.
          ``(5) Participating agency.--The term `participating agency' 
        means a State or local government, nonprofit organization, or 
        private organization that has executed an agreement with a 
        sponsoring agency to participate in the System.
          ``(6) Sponsoring agency.--The term `sponsoring agency' means 
        a State or local government that is the sponsor of a task force 
        designated by the Administrator to participate in the System.
          ``(7) System.--The term `System' means the National Urban 
        Search and Rescue Response System to be administered under this 
        section.
          ``(8) System member.--The term `System member' means an 
        individual who is not a full-time employee of the Federal 
        Government, who serves on a task force or on a System 
        management or other technical team.
          ``(9) Task force.--The term `task force' means an urban 
        search and rescue team designated by the Administrator to 
        participate in the System.
  ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the emergency 
response system known as the National Urban Search and Rescue Response 
System.
  ``(c) Functions.--In administering the System, the Administrator 
shall provide for a national network of standardized search and rescue 
resources to assist States and local governments in responding to 
hazards.
  ``(d) Task Forces.--
          ``(1) Designation.--The Administrator shall designate task 
        forces to participate in the System. The Administrator shall 
        determine the criteria for such participation.
          ``(2) Sponsoring agencies.--Each task force shall have a 
        sponsoring agency. The Administrator shall enter into an 
        agreement with the sponsoring agency of each task force with 
        respect to the participation of the task force in the System.
          ``(3) Composition.--
                  ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency of 
                the task force, one or more participating agencies. The 
                sponsoring agency of a task force shall enter into an 
                agreement with each participating agency of the task 
                force with respect to the participation of the 
                participating agency on the task force.
                  ``(B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring agency of 
                the task force, other individuals not otherwise 
                associated with the sponsoring agency or a 
                participating agency of the task force. The sponsoring 
                agency of a task force may enter into a separate 
                agreement with each such individual with respect to the 
                participation of the individual on the task force.
  ``(e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the System.
  ``(f) Appointment of System Members Into Federal Service.--
          ``(1) In general.--The Administrator may appoint a System 
        member into Federal service for a period of service to provide 
        for the participation of the System member in exercises, 
        preincident staging, major disaster and emergency response 
        activities, and training events sponsored or sanctioned by the 
        Administrator.
          ``(2) Nonapplicability of certain civil service laws.--The 
        Administrator may make appointments under paragraph (1) without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
          ``(3) Relationship to other authorities.--The authority of 
        the Administrator to make appointments under this subsection 
        shall not affect any other authority of the Administrator under 
        this Act.
          ``(4) Limitation.--A System member who is appointed into 
        Federal service under paragraph (1) shall not be deemed an 
        employee of the United States for purposes other than those 
        specifically set forth in this section.
  ``(g) Compensation.--
          ``(1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by regulation, the 
        Administrator shall make payments to the sponsoring agency of a 
        task force--
                  ``(A) to reimburse each employer of a System member 
                on the task force for compensation paid by the employer 
                to the System member for any period during which the 
                System member is appointed into Federal service under 
                subsection (f)(1); and
                  ``(B) to make payments directly to a non-employee 
                System member on the task force for any period during 
                which the non-employee System member is appointed into 
                Federal service under subsection (f)(1).
          ``(2) Reimbursement for employees filling positions of system 
        members.--
                  ``(A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make payments to 
                the sponsoring agency of a task force to reimburse each 
                employer of a System member on the task force for 
                compensation paid by the employer to an employee 
                filling a position normally filled by the System member 
                for any period during which the System member is 
                appointed into Federal service under subsection (f)(1).
                  ``(B) Limitation.--Costs incurred by an employer 
                shall be eligible for reimbursement under subparagraph 
                (A) only to the extent that the costs are in excess of 
                the costs that would have been incurred by the employer 
                had the System member not been appointed into Federal 
                service under subsection (f)(1).
          ``(3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period during 
        which the System member is appointed into Federal service under 
        subsection (f)(1).
  ``(h) Personal Injury, Illness, Disability, or Death.--
          ``(1) In general.--A System member who is appointed into 
        Federal service under subsection (f)(1) and who suffers 
        personal injury, illness, disability, or death as a result of a 
        personal injury sustained while acting in the scope of such 
        appointment shall, for the purposes of subchapter I of chapter 
        81 of title 5, United States Code, be treated as though the 
        member were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance of duty.
          ``(2) Election of benefits.--
                  ``(A) In general.--If a System member (or, in the 
                case of the death of the System member, the System 
                member's dependent) is entitled--
                          ``(i) under paragraph (1) to receive benefits 
                        under subchapter I of chapter 81 of title 5, 
                        United States Code, by reason of personal 
                        injury, illness, disability, or death, and
                          ``(ii) to receive benefits from a State or 
                        local government by reason of the same personal 
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive 
                either the benefits referred to in clause (i) or (ii).
                  ``(B) Deadline.--A System member or dependent shall 
                make an election of benefits under subparagraph (A) not 
                later than one year after the date of the personal 
                injury, illness, disability, or death that is the 
                reason for the benefits or until such later date as the 
                Secretary of Labor may allow for reasonable cause 
                shown.
                  ``(C) Effect of election.--An election of benefits 
                made under this paragraph is irrevocable unless 
                otherwise provided by law.
          ``(3) Reimbursement for state or local benefits.--Subject to 
        such terms and conditions as the Administrator may impose by 
        regulation, in the event that a System member or dependent 
        elects benefits from a State or local government under 
        paragraph (2)(A), the Administrator shall reimburse the State 
        or local government for the value of those benefits.
  ``(i) Liability.--A System member appointed into Federal service 
under subsection (f)(1), while acting within the scope of the 
appointment, is deemed an employee of the Government under section 
1346(b) of title 28, United States Code, and chapter 171 of that title, 
relating to tort claims procedure.
  ``(j) Employment and Reemployment Rights.--With respect to a System 
member who is not a regular full-time employee of a sponsoring agency 
or participating agency, the following terms and conditions apply:
          ``(1) Service as a System member shall be deemed `service in 
        the uniformed services' for purposes of chapter 43 of title 38, 
        United States Code, relating to employment and reemployment 
        rights of individuals who have performed service in the 
        uniformed services (regardless of whether the individual 
        receives compensation for such participation). All rights and 
        obligations of such persons and procedures for assistance, 
        enforcement, and investigation shall be as provided for in such 
        chapter.
          ``(2) Preclusion of giving notice of service by necessity of 
        appointment under this section shall be deemed preclusion by 
        `military necessity' for purposes of section 4312(b) of title 
        38, United States Code, pertaining to giving notice of absence 
        from a position of employment. A determination of such 
        necessity shall be made by the Administrator and shall not be 
        subject to judicial review.
  ``(k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or other 
governmental jurisdiction evidencing the member's qualifications in any 
professional, mechanical, or other skill or type of assistance required 
by the System, the System member shall be deemed to be performing a 
Federal activity when rendering aid involving such skill or assistance 
during a period of appointment into Federal service under subsection 
(f)(1).
  ``(l) Advisory Committee.--
          ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
          ``(2) Composition.--The advisory committee shall be composed 
        of members from geographically diverse areas, and shall 
        include--
                  ``(A) the chief officer or senior executive from at 
                least 3 sponsoring agencies;
                  ``(B) the senior emergency manager from at least 2 
                States that include sponsoring agencies; and
                  ``(C) at least one representative recommended by the 
                leaders of the task forces.
          ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
  ``(m) Preparedness Cooperative Agreements.--
          ``(1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator shall enter 
        into an annual preparedness cooperative agreement with each 
        sponsoring agency. Amounts made available to a sponsoring 
        agency under such a preparedness cooperative agreement shall be 
        for the following purposes:
                  ``(A) Training and exercises, including training and 
                exercises with other Federal, State, and local 
                government response entities.
                  ``(B) Acquisition and maintenance of equipment, 
                including interoperable communications and personal 
                protective equipment.
                  ``(C) Medical monitoring required for responder 
                safety and health in anticipation of and following a 
                major disaster, emergency, or other hazard, as 
                determined by the Administrator.
          ``(2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, amounts made 
        available for cooperative agreements under this subsection that 
        are not expended shall be deposited in an Agency account and 
        shall remain available for such agreements without fiscal year 
        limitation.
  ``(n) Response Cooperative Agreements.--The Administrator shall enter 
into a response cooperative agreement with each sponsoring agency, as 
appropriate, under which the Administrator agrees to reimburse the 
sponsoring agency for costs incurred by the sponsoring agency in 
responding to a major disaster or emergency.
  ``(o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
  ``(p) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $52,000,000 for each of fiscal years 
        2010, 2011, and 2012. Such sums shall be in addition to amounts 
        made available from the Disaster Relief Fund for response 
        cooperative agreements entered into under subsection (n).
          ``(2) Administrative expenses.--The Administrator may use not 
        to exceed 6 percent of the funds appropriated for a fiscal year 
        pursuant to paragraph (1) for salaries, expenses, and other 
        administrative costs incurred by the Administrator in carrying 
        out this section.''.
  (b) Conforming Amendments.--
          (1) Applicability of title 5, united states code.--Section 
        8101(1) of title 5, United States Code, is amended--
                  (A) in subparagraph (D) by striking ``and'' at the 
                end;
                  (B) by moving subparagraph (F) to appear after 
                subparagraph (E);
                  (C) in subparagraph (F) by adding ``and'' at the end; 
                and
                  (D) by inserting after subparagraph (F) the 
                following:
                  ``(G) an individual who is a System member of the 
                National Urban Search and Rescue Response System during 
                a period of appointment into Federal service pursuant 
                to section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act;''.
          (2) Inclusion as part of uniformed services for purposes of 
        userra.--Section 4303 of title 38, United States Code, is 
        amended--
                  (A) in paragraph (13) by inserting ``, a period for 
                which a System member of the National Urban Search and 
                Rescue Response System is absent from a position of 
                employment due to an appointment into Federal service 
                under section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act'' before ``, and a 
                period''; and
                  (B) in paragraph (16) by inserting after ``Public 
                Health Service,'' the following: ``System members of 
                the National Urban Search and Rescue Response System 
                during a period of appointment into Federal service 
                under section 328 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.

SEC. 105. DISASTER RELIEF FUND.

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

``SEC. 329. DISASTER RELIEF FUND.

  ``(a) In General.--There is in the Treasury a fund known as the 
Disaster Relief Fund.
  ``(b) Deposits and Credits.--The Fund shall consist of amounts 
appropriated and credited to the Fund pursuant to this Act.
  ``(c) Eligible Uses of Fund.--Amounts in the Fund shall be available 
to the President, as provided in advance in appropriations Acts--
          ``(1) to provide assistance in response to a major disaster 
        or emergency pursuant to titles IV and V; and
          ``(2) for programs and activities of the Federal Emergency 
        Management Agency that support the provision of such 
        assistance, including readiness and other programs and 
        activities that are not readily attributable to a single major 
        disaster or emergency.
  ``(d) Limitation.--Amounts made available from the Fund for programs 
and activities referred to in subsection (c)(2) may not exceed 
$350,000,000 in any fiscal year.
  ``(e) Annual Report.--On or before the date on which the President 
submits the budget of the United States to the Congress under section 
1105 of title 31, United States Code, the President shall submit each 
year to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the uses of the Fund in 
the previous fiscal year.
  ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary.
  ``(g) Availability of Amounts.--Amounts in the Fund shall remain 
available until expended.''.

       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS

SEC. 201. ADDITIONAL MITIGATION ASSISTANCE.

  (a) In General.--Section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
adding at the end the following:
  ``(d) Additional Mitigation Assistance.--
          ``(1) In general.--If, as of the date of the declaration of a 
        major disaster, the Governor of the affected State has 
        submitted to the President a certification under paragraph (2), 
        and the State is in compliance with updating procedures 
        established under paragraph (3), the President may increase the 
        maximum total of contributions under this section for the major 
        disaster, as specified in subsection (a) and section 322(e), by 
        an amount equal to 4 percent of the estimated aggregate amount 
        of grants to be made (less any associated administrative costs) 
        under this Act with respect to the major disaster.
          ``(2) Submission of certification.--To be eligible for 
        increased contributions under paragraph (1), a State shall 
        submit to the President, subject to the approval of the 
        President, a certification that the State's building code--
                  ``(A) is consistent with the most recent version of a 
                nationally recognized model building code;
                  ``(B) has been adopted by the State within 6 years of 
                the most recent version of the nationally recognized 
                model building code;
                  ``(C) uses the nationally recognized model building 
                code as a minimum standard; and
                  ``(D) is being actively enforced by the State.
          ``(3) Periodic updates.--
                  ``(A) In general.--A Governor of a State that has 
                submitted a certification under paragraph (2) shall 
                update the State's building code and resubmit a 
                certification under paragraph (2) at least once every 6 
                years.
                  ``(B) Deadlines.--The President shall issue 
                regulations establishing procedures for State 
                compliance with the requirements of subparagraph (A). 
                The procedures shall be consistent with requirements 
                related to mitigation planning under section 322.
          ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Actively enforce.--The term `actively enforce' 
                means jurisdictional execution of all phases of a State 
                building code in the process of examination and 
                approval of construction plans, specifications, and 
                technical data and the inspection of new construction 
                or renovation with respect to natural hazards.
                  ``(B) Nationally recognized model building code.--The 
                term `nationally recognized model building code' means 
                a building code for residential and commercial 
                construction and construction materials that--
                          ``(i) has been developed and published by a 
                        code organization in an open consensus type 
                        forum with input from national experts; and
                          ``(ii) is based on national structural design 
                        standards that establish minimum acceptable 
                        criteria for the design, construction, and 
                        maintenance of residential and commercial 
                        buildings for the purpose of protecting the 
                        health, safety, and general welfare of the 
                        building's users against natural disasters.
                  ``(C) State building code.--The term `State building 
                code' means requirements and associated standards for 
                residential and commercial construction and 
                construction materials that are implemented on a 
                statewide basis by ordinance, resolution, law, housing 
                or building code, or zoning ordinance. At a minimum, 
                such requirements and associated standards shall 
                apply--
                          ``(i) to construction-related activities of 
                        residential building contractors applicable to 
                        single-family and 2-family residential 
                        structures; and
                          ``(ii) to construction-related activities of 
                        engineers, architects, designers, and 
                        commercial building contractors applicable to 
                        the structural safety, design, and construction 
                        of commercial, industrial, and multifamily 
                        structures.
          ``(5) Regulations.--The President, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        issue such regulations as may be necessary to carry out this 
        subsection.''.
  (b) Criteria for Assistance Awards.--Section 203(g) of such Act (42 
U.S.C. 5133(g)) is amended--
          (1) by striking ``and'' at the end of paragraph (9);
          (2) by redesignating paragraph (10) as paragraph (11); and
          (3) by inserting after paragraph (9) the following:
          ``(10) in the case of a State, whether the State has in 
        effect and is actively enforcing a State building code in a 
        manner consistent with section 404(d); and''.

SEC. 202. TEMPORARY MORTGAGE AND RENTAL PAYMENTS.

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

SEC. 203. CLARIFICATION OF GRANT AUTHORITY.

  (a) Section 418.--Section 418 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5185) is amended--
          (1) by striking the section heading and all that follows 
        though ``The President'' and inserting the following:

``SEC. 418. EMERGENCY COMMUNICATIONS.

  ``(a) In General.--The President'';
          (2) by inserting ``to provide assistance, including financial 
        assistance, equipment, supplies, and personnel, in order'' 
        before ``to establish''; and
          (3) by adding at the end the following:
  ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
  (b) Section 419.--Section 419 of such Act (42 U.S.C. 5186) is 
amended--
          (1) by striking the section heading and all that follows 
        through ``The President'' inserting the following:

``SEC. 419. EMERGENCY PUBLIC TRANSPORTATION.

  ``(a) In General.--The President'';
          (2) by inserting ``to provide assistance to a State or local 
        government, including financial assistance, equipment, 
        supplies, and personnel, in order'' before ``to provide'' the 
        first place it appears;
          (3) by striking ``a major'' and inserting ``an emergency or 
        major''; and
          (4) by adding at the end the following:
  ``(b) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
  (c) Section 309.--Section 309(b) of such Act (42 U.S.C. 5152(b)) is 
amended by inserting ``, including grant agreements,'' after 
``agreements''.

SEC. 204. CASE MANAGEMENT SERVICES.

  (a) Case Management Services.--Section 426 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189d) is 
amended--
          (1) by striking ``qualified private organizations'' and 
        inserting ``qualified relief or disaster assistance 
        organizations''; and
          (2) by striking ``services, to victims'' and inserting 
        ``services to survivors''.
  (b) Case Management Plan.--
          (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall implement a plan to ensure 
        that the Federal Emergency Management Agency is the lead 
        Federal agency in coordinating and managing case management 
        services referred to in section 426 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189d) 
        for survivors of a major disaster. To assist in providing such 
        case management services, the Administrator may use State or 
        local government agencies or qualified relief or disaster 
        assistance organizations.
          (2) Report.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report that reviews in 
        detail the actions the Administrator is taking--
                  (A) to ensure that the Federal Emergency Management 
                Agency is the lead agency in coordinating and managing 
                case management services for survivors of a major 
                disaster; and
                  (B) to involve qualified relief or disaster 
                assistance organizations referred to in section 426 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5189d) to assist in providing 
                case management services.

SEC. 205. HOUSEHOLD PETS AND SERVICE ANIMALS.

  (a) Emergency Assistance.--Section 502(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is 
amended--
          (1) by striking ``and'' at the end of paragraph (7);
          (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(9) provide assistance for rescue, care, shelter, and 
        essential needs--
                  ``(A) to individuals with household pets and service 
                animals; and
                  ``(B) to such pets and animals.''.
  (b) Technical Corrections.--Section 403(a)(3) of such Act (42 U.S.C. 
5170b(a)(3)) is amended--
          (1) in subparagraph (B) by striking ``medical equipment,,'' 
        and inserting ``medical equipment,''; and
          (2) by striking the second subparagraph (J), as added by 
        section 4 of Public Law 109-308 (120 Stat. 1726).

SEC. 206. 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) Suitable condition.--The term ``suitable condition'' 
        means, with respect to a temporary housing unit, a unit that 
        satisfies, as determined by the Administrator, the criteria of 
        disposal condition code 1, 4, or 7 under section 102-36.240 of 
        title 41, Code of Federal Regulations, as in effect on the date 
        of enactment of this Act.
          (6) 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 3 
months after the date of enactment of this Act, the Administrator 
shall--
          (1) 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; and
          (2) establish criteria for determining whether the individual 
        temporary housing units stored by FEMA are in suitable 
        condition.
  (c) Plan.--
          (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        for--
                  (A) storing the number of temporary housing units 
                that FEMA needs to maintain in stock, as determined by 
                the Administrator under subsection (b)(1);
                  (B) selling, transferring, donating, or otherwise 
                disposing of the temporary housing units in the 
                inventory of FEMA, as of the date of enactment of this 
                Act, that--
                          (i) 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)(1); and
                          (ii) are in suitable condition, as determined 
                        by the Administrator based on the criteria 
                        established under subsection (b)(2); and
                  (C) disposing of temporary housing units in the 
                inventory of FEMA, as of the date of enactment of this 
                Act, that the Administrator determines are not in 
                suitable condition, as determined by the Administrator 
                based on the criteria established under subsection 
                (b)(2).
          (2) Method for disposal of temporary housing units that are 
        not in suitable condition.--Disposals of temporary housing 
        units pursuant to paragraph (1)(C) shall be made by the 
        Administrator of General Services in a manner that ensures that 
        the trailers are not able to be used for housing and are 
        salvaged or scraped.
          (3) Implementation.--
                  (A) In general.--Not later than 9 months after the 
                date of enactment of this Act, the Administrator shall 
                begin to implement the plan established under paragraph 
                (1).
                  (B) Completion of disposal of units.--Not later than 
                2 years after the date of enactment of this Act, the 
                sale, transfer, donation, or other disposal of all 
                units under paragraphs (1)(B) and (1)(C) that the 
                Administrator has determined are not necessary to 
                maintain in stock shall be completed.
          (4) Report.--
                  (A) In general.--Not later than 6 months after the 
                date of enactment of this Act, and every 3 months 
                thereafter until the sale, transfer, donation, or other 
                disposal of all units under paragraphs (1)(B) and 
                (1)(C) is complete, 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 
                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.
          (5) 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--
                  (A) are needed to respond appropriately to 
                emergencies or major disasters; and
                  (B) are in suitable condition.
  (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 that are in suitable condition.
          (2) State requests.--
                  (A) In general.--Not later than 6 months 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 
                        in suitable condition;
                          (iii) to test the units for formaldehyde;
                          (iv) to ensure that the formaldehyde levels 
                        of the units do not exceed the threshold 
                        determined acceptable by the State before 
                        making the units available to house survivors 
                        of an incident;
                          (v) 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;
                          (vi) to comply with the nondiscrimination 
                        provisions of section 308 of the Stafford Act 
                        (42 U.S.C. 5151); and
                          (vii) 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 that 
                        are in suitable condition.
                  (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 the process 
        established 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-
        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. 207. 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 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, 
                        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 in the housing 
                                units.''.

SEC. 208. 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. 209. USE OF FINANCIAL ASSISTANCE TO DISSEMINATE INFORMATION 
                    REGARDING COST-EFFECTIVE MITIGATION TECHNOLOGIES.

  Section 203(e)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133(e)(2)) is amended by inserting 
after ``10 percent'' the following: ``(or up to 15 percent if approved 
by the President)''.

                        TITLE III--OTHER MATTERS

SEC. 301. 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 may make grants to provide for 
implementation of the Emergency Management Assistance Compact consented 
to by Congress in the joint resolution entitled `Joint resolution 
granting the consent of Congress to the Emergency Management Assistance 
Compact' (Public Law 104-321; 110 Stat. 3877).
  ``(b) Eligible Grant Recipients.--States and the Administrator of the 
Emergency Management Assistance Compact shall be eligible to receive 
grants under subsection (a).
  ``(c) Use of Funds.--A grant received under this section shall be 
used--
          ``(1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action reports 
        for the 2004 and 2005 hurricane seasons;
          ``(2) to administer compact operations on behalf of States, 
        as such term is defined in the compact, that have enacted the 
        compact;
          ``(3) to continue coordination with the Agency and 
        appropriate Federal agencies;
          ``(4) to continue coordination with States and local 
        governments and their respective national organizations; and
          ``(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the typing of 
        emergency response resources.
  ``(d) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000 for each of fiscal 
years 2010, 2011, and 2012. 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. 302. AUTHORITY TO ACCEPT AND USE GIFTS.

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

SEC. 303. INDIVIDUAL ASSISTANCE FACTORS.

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

SEC. 304. TECHNICAL CORRECTIONS TO REFERENCES.

  The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended--
          (1) by redesignating the second section 425 (as added by 
        section 607 of the Security and Accountability for Every Port 
        Act of 2006 (120 Stat. 1941)) as section 427;
          (2) in section 602(a) by striking paragraph (7) and inserting 
        the following:
          ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
          (3) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                  (A) the second and fourth places it appears in 
                section 622(c); and
                  (B) in section 626(b).

SEC. 305. FUNCTIONS OF FEDERAL COORDINATING OFFICER.

  Section 302(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5143(b)) is amended--
          (1) in paragraph (3) by striking ``and'' at the end;
          (2) by redesignating paragraph (4) as paragraph (6); and
          (3) by inserting after paragraph (3) the following:
          ``(4) not later than one month after the date of the 
        declaration of a major disaster or emergency, make an initial 
        appraisal of the types of recovery assistance needed that 
        incorporates, as appropriate, recommendations of the Federal 
        interagency disaster recovery task force established under 
        section 330;
          ``(5) coordinate with State government officials the 
        establishment of detailed short-term and long-term recovery 
        plans and methods for implementation of such plans; and''.

SEC. 306. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.

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

``SEC. 330. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.

  ``(a) Establishment.--The President shall establish a Federal 
interagency disaster recovery task force (hereinafter referred to in 
this section as the `task force') to carry out the following:
          ``(1) Identify, maintain a catalogue of, and 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 at least annually a report 
        describing the Federal programs that may be used to assist in 
        recovery efforts after a major disaster or emergency and make 
        such report available to the public on the Internet.
          ``(2) Ensure ongoing communication between the Federal 
        departments and agencies determined by the President to 
        administer the Federal programs referred to in paragraph (1) to 
        enhance and expedite the recovery efforts of the Federal 
        Government with respect to a major disaster or emergency.
  ``(b) Chairperson.--The Administrator of the Federal Emergency 
Management Agency shall serve as the chairperson of the task force.
  ``(c) Membership.--The task force shall include a representative of 
each Federal department and agency determined by the President to 
administer a program that may be used to assist in recovery efforts 
after a major disaster or emergency.
  ``(d) Meeting Frequency.--The task force shall meet at least once 
each year.''.

SEC. 307. DEBRIS REMOVAL.

  Section 407(d) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5173(d)) is amended by adding at 
the end the following: ``The Federal share shall be increased by 5 
percent for States and local governments that (1) have a debris 
management plan approved by the Administrator of the Federal Emergency 
Management Agency; and (2) have prequalified 2 or more debris and 
wreckage removal contractors before the date of declaration of the 
major disaster. To qualify for the increased Federal share under the 
preceding sentence, a debris management plan shall be resubmitted to 
the Administrator for approval every 4 years.''.

SEC. 308. REVIEW OF REGULATIONS AND POLICIES.

  (a) In General.--Not later than one year after the date of enactment 
of this Act, the President 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 18 months 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.

SEC. 309. 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 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. 310. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

  (a) Amount Regarding Notification and Reports.--Section 406(a) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172(a)) is amended--
          (1) in paragraph (4) by striking ``$20,000,000'' and 
        inserting ``$5,000,000''; and
          (2) by adding at the end the following:
          ``(5) Contribution status reports.--Not less frequently than 
        every 180 days, 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 on the status of 
        applications, obligations, and contributions under this section 
        with respect to each major disaster for which, on the date of 
        the transmission of such report, a contribution is eligible to 
        be requested or made under this section.''.
  (b) Issuance of Regulations Relating to Eligible Costs.--Not later 
than 180 days after the date of enactment of this Act, the President 
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. 311. SPECIAL PROCEDURES FOR WIDESPREAD DAMAGE.

  (a) In General.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is further amended 
by adding at the end the following:
  ``(f) Special Procedures for Widespread Damage.--
          ``(1) In general.--If, at the request of the Governor of a 
        State, the President makes a determination that a major 
        disaster has caused extensive and widespread damage and 
        destruction in the State and that utilizing special procedures 
        to expedite the repair, restoration, reconstruction, or 
        replacement of eligible facilities under this section is in the 
        public interest, the President may provide assistance under 
        this section in connection with the major disaster utilizing 
        the special procedures.
          ``(2) Conditions for assistance.--
                  ``(A) In general.--In providing assistance under the 
                special procedures authorized by this subsection, the 
                President may provide such assistance subject to any 
                limitations or other conditions the President 
                establishes by regulation.
                  ``(B) Facility recovery spending plan.--To be 
                eligible for assistance under the special procedures 
                authorized by this subsection, a State shall submit to 
                the President a facility recovery spending plan. 
                Receipt of assistance under the special procedures 
                shall be conditioned on a determination by the 
                President that the plan is consistent with the 
                requirements under this section.
          ``(3) Planning assistance.--
                  ``(A) In general.--Not later than 10 days after the 
                date the President makes an affirmative determination, 
                at the request of a State, under paragraph (1) (or at a 
                later date if requested by the Governor of the State), 
                the President shall provide the State with assistance 
                to develop a plan under paragraph (2)(B).
                  ``(B) Types of assistance.--
                          ``(i) Financial assistance.--The President 
                        may provide financial assistance to a State to 
                        assist the development of a plan under 
                        paragraph (2)(B).
                          ``(ii) Technical assistance.--The President 
                        may provide, as appropriate, technical 
                        assistance to a State to assist the development 
                        of a plan under paragraph (2)(B).
                          ``(iii) Emergency management assistance 
                        compact.--Assistance to develop a plan under 
                        paragraph (2)(B) may include assistance through 
                        the Emergency Management Assistance Compact 
                        described in section 617.
          ``(4) Large in-lieu contributions.--In providing assistance 
        under the special procedures authorized by this subsection, 
        notwithstanding the percentages specified in subsections 
        (c)(1)(A) and (c)(2)(A), the President may make a contribution 
        to a State or local government or person that owns or operates 
        a private nonprofit facility for the purposes described in such 
        subsections in an amount up to 100 percent of the Federal share 
        of the Federal estimate of the cost of repairing, restoring, 
        reconstructing, or replacing a facility if the President 
        determines a contribution in that amount is in the public 
        interest.''.
  (b) Regulations.--
          (1) Interim final rule.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall issue an interim final rule 
        to establish special procedures under section 406(f) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act, as added by subsection (a). To the extent practicable, the 
        Administrator shall consult with State and local emergency 
        management agencies during the development of the interim final 
        rule.
          (2) Final rule.--Not later than 2 years after the date the 
        interim final rule described in paragraph (1) takes effect, the 
        President shall issue a final rule to establish special 
        procedures under section 406(f) of such Act, as added by 
        subsection (a). In issuing the final rule, the President shall 
        consider public comments, including the comments of State and 
        local emergency management agencies, and the findings of the 
        Inspector General under subsection (c).
          (3) Special procedures.--In developing the regulations under 
        this subsection, the Administrator shall consider, at a 
        minimum, the following:
                  (A) The authority and procedures used by the 
                Administrator to carry out sections 406(c), 406(e)(1), 
                and 422 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5172(c), 
                5172(e)(1), and 5189).
                  (B) Whether modifications of or alternatives to 
                procedures under section 406 of such Act are warranted 
                in the event of widespread and extensive damage and 
                destruction to expedite the repair, restoration, 
                reconstruction, or replacement of eligible facilities 
                and to assist a State in implementing a plan under 
                subsection (f)(2)(B) of such section, as added by 
                subsection (a).
  (c) Inspector General Report.--Not later than 90 days after the date 
the interim final rule issued under subsection (b)(1) takes effect, the 
Inspector General of the Department of Homeland Security shall submit 
to the Administrator of the Federal Emergency Management Agency a 
report on the implementation of section 406(f) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, as added by 
subsection (a). The Inspector General may submit additional reports, as 
appropriate, including reports after the President utilizes the 
authority under such section. The reports shall include, as 
appropriate, recommendations on improved implementation of such section 
and any recommendations for legislation.

                       Purpose of the Legislation

    H.R. 3377, the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2009'', as amended, amends the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act) to improve the assistance that the Federal 
Government provides to States, local governments, and 
communities before, during, and after major disasters and 
emergencies.

                  Background and Need for Legislation

    The Stafford Act (42 U.S.C. 5121 et seq.) is administered 
by the Federal Emergency Management Agency (FEMA) and provides 
the statutory authority for most Federal activities in the wake 
of a natural disaster or other emergency. While FEMA and the 
Stafford Act are best known for the response and recovery 
activities undertaken by FEMA after the President declares a 
major disaster, the Stafford Act also authorizes the Federal 
Government's all-hazard preparedness and mitigation programs. 
Together, these programs help communities and citizens prepare 
for, respond to, recover from, and mitigate the broad range of 
hazards facing our nation.
    In the wake of Hurricanes Katrina and Rita, Congress 
enacted significant changes affecting FEMA and the Stafford Act 
in the Post-Katrina Emergency Management Reform Act of 2006 
(Title VI of P.L. 109-295). The Committee believes that 
systemic challenges remain at FEMA. On November 5, 2009, the 
Committee approved H.R. 1174, the ``FEMA Independence Act of 
2009'', to address these challenges and to reinstate FEMA as an 
independent, cabinet-level agency. The changes made by H.R. 
3377, as amended, make improvements to FEMA's programs that are 
needed regardless of whether FEMA is an independent agency or 
is a component within the Department of Homeland Security.
    H.R. 3377, the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2009'', as amended, enhances 
FEMA's ability to administer emergency management at the 
Federal level. Specifically, the bill reauthorizes certain FEMA 
programs and activities, codifies programs that FEMA is 
currently administering under the authority of the Stafford Act 
but which are not expressly authorized in statute, amends 
eligibility under some FEMA programs, and makes technical 
corrections to the Stafford Act.

                       Summary of the Legislation


Section 1. Short title

    Section 1 designates the short title of the bill as the 
``Disaster Response, Recovery, and Mitigation Enhancement Act 
of 2009''.

Sec. 2. Table of contents

    Section 2 sets out the table of contents for the bill.

    TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION


Sec. 101. Pre-Disaster Hazard mitigation

    Section 101 amends section 203 of the Stafford Act and 
makes changes to FEMA's Pre-Disaster Mitigation (PDM) program.
    Subsection (a) amends Section 203(f) by increasing the 
minimum allocation that each State receives under PDM from 
$500,000 under current law to $575,000, but maintains that each 
State shall receive the lesser of this amount or one percent of 
the total funds appropriated for the program in a given fiscal 
year. This section codifies the competitive aspects of the 
program as currently administered by FEMA, and retains a 
provision that any State may not receive more than 15 percent 
of the total funds appropriated for the fiscal year.
    Subsection (b) authorizes appropriations for the PDM 
program of $250 million for each of fiscal years 2010, 2011, 
and 2012. This subsection also eliminates the provision in 
Section 203(m) of the Stafford Act which sunsets the PDM 
program on September 30, 2010. Under current law, the PDM 
program terminates on September 30, 2010, unless Congress 
reauthorizes the program.
    Subsection (c) changes references in Section 203 of the 
Stafford Act from ``Predisaster'' to ``Pre-Disaster'', 
consistent with how FEMA refers to the program.
    On April 30, 2008, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on the PDM program. At this hearing, there was a 
discussion of the important role of building codes in reducing 
damage to buildings from natural hazards. The Committee 
instructs FEMA to consider adoption and enforcement of 
appropriate building codes in its grant criteria under the PDM 
program pursuant to section 203(g)(2) of the Stafford Act.
    At the hearing, emergency management representatives also 
suggested that private non-profits (PNPs) be allowed to be sub-
applicants and sub-grantees for the Pre-Disaster Mitigation 
program when local governments do not have the resources to 
perform this function on behalf of the PNPs. The Committee is 
not aware of any specific cases of this problem, and believes 
that if a local government is unable to serve as the sub-
applicant and sub-grantee on behalf of a PNP, an appropriate 
State agency may do so on its behalf.
    One of the few criticisms of the Pre-Disaster Mitigation 
program has been the length of time that it takes for FEMA to 
obligate PDM funds.\1\ The Committee notes that FEMA is taking 
steps to streamline grant processes and encourages FEMA to use 
all appropriate flexibility to expedite the disbursement of 
grant funds. The Committee notes that Congress specifically 
exempted the Pre-Disaster Mitigation program from grant 
administration and other requirements imposed in P.L. 110-53, 
the Implementing Recommendations of the 9/11 Commission Act of 
2007, to avoid additional administrative requirements that 
would slow down the disbursement of funds.
---------------------------------------------------------------------------
    \1\Francis X. McCarthy and Natalie Keegan, ``FEMA's Pre-Disaster 
Mitigation Program: Overview and Issues'' (February 18, 2010), at 10.
---------------------------------------------------------------------------
    The Committee is aware of the difficulties that several 
small localities in Minnesota faced when attempting to apply 
for PDM grants, due in part to the limited application 
timeframes. In addition, the Committee is aware of the 
challenges that communities in Minnesota and other small 
communities around the country have faced in completing well-
developed applications due to the time-consuming requirement of 
using FEMA's eGrants application system. The Committee urges 
FEMA to develop a streamlined application process and continue 
to seek ways by which small communities can make the most 
efficient use of their limited resources during the application 
process.

Sec. 102. Health benefits for temporary employees

    Section 102 amends section 306 of the Stafford Act by 
inserting a new subsection 306(c) to make temporary or 
intermittent employees hired by FEMA under the Stafford Act in 
response to a disaster eligible to enroll in the Federal Health 
Benefits Program. Currently, intermittent employees deployed in 
a disaster, known as Disaster Assistance Employees (DAEs), 
generally do not have access to employer-provided health 
insurance and must carry their own private insurance. According 
to FEMA, as of January 2010, only 770 out of 9,106 DAEs had 
health benefits through FEMA. These 770 employees were eligible 
for benefits through a narrow provision outside the Stafford 
Act because they were previously full-time Federal employees. 
Although FEMA has authority under section 306 to provide health 
insurance, it does not currently make available health 
insurance to more than 8,000 DAEs.\2\ The Committee expects 
FEMA to use the discretion granted by this provision to apply 
appropriate limits on this authority, such as waiting periods 
for new employees and minimum annual service requirements.
---------------------------------------------------------------------------
    \2\Pursuant to section 306, FEMA provides health insurance through 
the Federal Health Benefits Program (FEHB) to 2,574 other full-time 
employees, known as ``CORE employees''. According to FEMA, 2,574 out of 
3,222 eligible CORE employees elected FEHB coverage.
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Sec. 103. Disposal of excess property to assist other disaster victims

    Section 103 adds a new section 327 to the Stafford Act to 
allow the President to sell excess materials, supplies, or 
equipment at a fair and equitable price to States, local 
governments, and relief or disaster assistance organizations 
(as those terms are described in section 309 of the Stafford 
Act) to assist victims of disasters and emergencies or other 
incidents that do not result in the declaration of a major 
disaster or emergency under the Stafford Act. The President may 
provide these materials, supplies, or equipment if the Governor 
of an affected State certifies an urgent need, and such State 
is unable to provide the materials, supplies, or equipment. The 
President must determine that the materials, supplies, or 
equipment are not available from commercial sources. However, 
in the case of perishable supplies, the President need not make 
this determination.

Sec. 104. National Urban Search and Rescue Response System

    Section 104 of the bill adds a new section 328 to the 
Stafford Act to clarify the authority of the National Urban 
Search and Rescue System (US&R). The activities of the US&R 
system are currently authorized in various sections of the 
Stafford Act.\3\
---------------------------------------------------------------------------
    \3\Specifically, 44 CFR 208.3(a) provides: ``The Federal Emergency 
Management Agency established and operated the System under the 
authority of Sec. Sec. 303, 306(a), 306(b), 403(a)(3)(B) and 621(c) of 
the Stafford Act.''
---------------------------------------------------------------------------
    US&R is a classic all-hazards disaster program. The program 
grew from the need to rescue victims from structural collapses 
during natural hazards such as earthquakes and hurricanes, and 
developed after the devastating results of the Mexico City 
Earthquake of 1985 and the Loma Prieta Earthquake that struck 
California in 1989. The National Urban Search and Rescue System 
has grown into a robust system of 28 teams comprised of State 
and local responders who work together to respond to major 
disasters and emergencies under the Stafford Act. The teams are 
also available to State and local governments to respond to 
incidents under their own authorities. US&R teams provide a 
very specialized and critical capability that our nation has 
called upon numerous times since the inception of the US&R 
system nearly two decades ago. For example, in 2008, 17 US&R 
teams were activated and deployed for potential rescue 
operations for Hurricane Gustav and 15 teams were activated and 
deployed for Hurricane Ike. In 2005, all 28 teams were deployed 
for Hurricane Katrina. In addition, six US&R task forces were 
deployed by the United States Agency for International 
Development for rescue operations in Haiti in response to the 
devastating earthquake that occurred in January 2010.
    This section codifies existing workers' compensation and 
tort liability protections for US&R System members that are 
currently provided administratively by FEMA. It also provides 
new protections under the Uniformed Services Employment and 
Reemployment Rights Act (USERRA), and establishes licensing and 
professional liability protection. The Committee expects that 
FEMA will update its existing US&R program regulations, 
codified at 44 CFR Part 208, to incorporate the changes 
required by the enactment of this section.

Sec. 105. Disaster Relief Fund

    Section 105 of the bill adds a new section 329 to the 
Stafford Act to authorize the existing Disaster Relief Fund and 
Disaster Readiness and Support Account. Funded by Congressional 
appropriations, the Disaster Relief Fund provides funding for 
FEMA's Federal disaster programs authorized by titles IV and V 
of the Stafford Act. These programs consist of Individual 
Assistance, which includes funds available for housing, 
transportation, medical care, and replacement of personal 
property; and Public Assistance, which includes aid to State or 
local governments to pay part of the costs of rebuilding a 
community's damaged infrastructure. This section authorizes the 
Disaster Relief Fund, which was created in appropriations law 
and is not currently codified in the Stafford Act. This bill 
also authorizes the Disaster Readiness and Support Account, 
which was created in the late 1990s, and provides for ongoing 
capabilities that are not readily attributable to one specific 
disaster, including certain activities authorized by sections 
302, 303 and 306(b) of the Stafford Act. Examples of such 
capabilities include processing and call centers for disaster 
assistance applications and the maintenance of emergency teams.

       TITLE II--MAJOR DISASTER AND EMERGENCY ASSISTANCE PROGRAMS


Sec. 201. Additional mitigation assistance

    Section 201 makes amendments to the Hazard Mitigation Grant 
Program (HMGP) and the Pre-Disaster Mitigation program in 
support of States that actively enforce approved building 
codes.
    Subsection (a) amends section 404 of the Stafford Act by 
adding a new subsection (d) which provides for additional 
assistance under HMGP for States that actively enforce an 
approved building code throughout the State. Under current law, 
a State is eligible to receive up to 15 percent (subject to a 
sliding scale) of the estimated aggregate amounts of grants 
that the State is expected to receive under the Public 
Assistance and Individual Assistance programs, or in the case 
of a State with an enhanced mitigation plan under section 
322(e) of the Stafford Act, 20 percent. Subsection (a) provides 
for an additional four percent; therefore, the total percentage 
that a State is eligible to receive under HMGP is increased to 
up to 19 percent, or 24 percent for a State with an enhanced 
mitigation plan under section 322(e) of the Stafford Act.
    To receive the additional mitigation assistance under this 
provision, the State must certify that its building code is 
consistent with the most recent version of a nationally 
recognized model building code, that it has been adopted by the 
State within six years of the most recent version of that code, 
that the State uses that code as a minimum standard, and that 
it is being actively enforced within the State. This 
certification is subject to the approval of the President. This 
section requires that the State's building code be updated, and 
that the State resubmit its certification every six years. 
However, FEMA, in establishing requirements for certification, 
shall coordinate these requirements with the approval of State 
mitigation plans under section 322 of the Stafford Act.
    Subsection (b) amends section 203 of the Stafford Act which 
authorizes the Pre-Disaster Mitigation program. Section 203(g) 
of the Stafford Act is amended to add to the criteria the 
President uses to determine when to provide technical or 
financial assistance whether the State has in effect and is 
actively enforcing a State building code, consistent with the 
new subsection 404(d) of the Stafford Act as added by 
subsection (a).

Sec. 202. Temporary mortgage and rental payments

    Section 202 amends section 408 of the Stafford Act by 
restoring the Mortgage and Rental Assistance (MRA) program. 
Congress eliminated this program in the Disaster Mitigation Act 
of 2000 (P.L. 106-390). It is important to note that FEMA used 
this program extensively in New York after the attacks of 
September 11, 2001, after Congress repealed the program, but 
before the repeal took effect. Section 202 restores the former 
Stafford Act provision on MRA, with a few modifications. FEMA 
is authorized to provide financial assistance, not to exceed 18 
months or the limitation in subsection 408(h) of the Stafford 
Act,\4\ in the form of mortgage or rental payments to or on 
behalf of individuals and families who, as a result of 
financial hardship caused by a major disaster, are at 
``imminent risk'' of dispossession or eviction. This provision 
corrects one of the major weaknesses of the prior provision, 
which required a written notice of dispossession or eviction. 
Consistent with all housing assistance under section 408 of the 
Stafford Act, this assistance is limited to primary residences.
---------------------------------------------------------------------------
    \4\Under Section 408(h), no individual or household may receive 
assistance above a maximum limit which is adjusted each year. For 
disasters in fiscal year 2010 that limit is $29,900. See 74 FR 51303, 
October 6, 2009.
---------------------------------------------------------------------------
    The Committee expects that FEMA will define imminent risk 
through rulemaking and recommends that FEMA define this term as 
a certain number of days before the statutory period for 
eviction or foreclosure, which is determined under State law 
and varies from State to State. This provision provides FEMA 
with flexibility in how and when to provide this assistance. 
The Committee expects that FEMA will exercise this discretion 
to ensure that this provision is implemented prudently with 
appropriate accountability, especially in determining when a 
financial hardship is caused by a major disaster. Although this 
provision specifically refers to major disasters, under section 
502(a)(6) of the Stafford Act, MRA, like all assistance under 
Section 408, is available following an emergency declaration as 
well.

Sec. 203. Clarification of grant authority

    Section 203 makes technical amendments to section 418 of 
the Stafford Act (Emergency Communications) and section 419 of 
the Stafford Act (Emergency Public Transportation), clarifying 
that assistance authorized by these sections can be provided by 
grants to States rather than solely being provided directly by 
the Federal Government. This provision also amends section 309 
of the Stafford Act to clarify that FEMA can enter into grant 
agreements to carry out this section. The Committee notes that 
the agreements authorized by this section include agreements 
entered into prior to a major disaster or emergency for use in 
response to a major disaster or emergency. The agreements 
entered into prior to a disaster could be similar to the 
agreements authorized for Urban Search and Rescue Teams 
authorized by section 328(m) of the Stafford Act, as amended by 
this bill, or the pre-scripted mission assignments that FEMA 
promulgates with other Federal agencies prior to major 
disasters and emergencies.

Sec. 204. Case management services

    Subsection (a) of Section 204 makes technical amendments to 
section 426 of the Stafford Act which authorizes case 
management services. The term ``qualified private 
organizations'' is replaced with ``qualified relief or disaster 
assistance organizations''. This change makes section 426 
consistent with section 309 of the Stafford Act and other FEMA 
programs, by conforming the description of voluntary agencies 
that assist in disasters. Section 426, as amended, only applies 
to ``qualified relief or disaster assistance organizations''. 
The use of the term qualified is meant to be limiting and apply 
only to those relief or disaster assistance organizations that 
have expertise in case management. In addition, by making this 
section consistent with section 309, the language reinforces 
that FEMA may use the authority provided in section 309 to 
enter into grant agreements with these organizations to carry 
out this section.
    Subsection (b) requires the Administrator of FEMA, within 
one year of the date of enactment, to implement a plan to 
ensure that FEMA is the lead agency in coordinating and 
managing the case management services authorized by section 426 
of the Stafford Act. Within 30 days of the date of enactment, 
the Administrator of FEMA must report to Congress on the 
actions that the Administrator is taking to ensure that FEMA is 
the lead agency for case management services and to involve 
qualified relief or disaster assistance organizations.

Sec. 205. Household pets and service animals

    Subsection (a) of Section 205 amends section 502 of the 
Stafford Act, to add rescue, care, and sheltering of household 
pets and service animals to the activities eligible under 
emergency assistance programs in Title V of Stafford Act. The 
Post-Katrina Emergency Management Reform Act of 2006 amended 
section 403 of the Stafford Act to make such activities 
eligible for assistance in a major disaster declaration under 
Title IV of the Stafford Act, but did not provide this 
authority for emergency declarations under Title V of the 
Stafford Act. This provision extends that authority to 
emergency declarations.
    Subsection (b) makes technical corrections to section 
403(a) of the Stafford Act.

Sec. 206. Storage, sale, transfer, and disposal of housing units

    Section 206 requires FEMA to address its inventory of 
temporary housing units.
    Subsection (a) defines the terms ``Administrator'', 
``emergency'', ``major disaster'', ``FEMA'', ``hazard'', 
``suitable condition'', and ``Stafford Act''.
    Subsection (b) requires FEMA, within three months of the 
date of enactment, to assess the number of housing units 
necessary to meet requirements for major disasters and 
emergencies under the Stafford Act, and to establish criteria 
for determining whether the units stored by FEMA are in 
suitable condition.
    Subsection (c) requires FEMA to establish a plan for 
storing the necessary units and selling, storing, or otherwise 
disposing of those units that are not necessary to maintain in 
stock. Trailers that are found to have formaldehyde must be 
disposed of in a manner to ensure they are not to be used for 
housing. The plan must be established within six months of the 
date of enactment and, within nine months of the date of 
enactment, the Administrator must begin to implement the plan. 
The disposal of units not necessary to maintain in stock must 
occur within two years of the date of enactment. Not later than 
six months after the date of enactment, and every three months 
thereafter, the Administrator shall submit a report on 
implementation of the plan to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the 
Senate until the disposal of the units is complete.
    Subsection (d) allows for the transfer of excess temporary 
housing units to States, subject to certain conditions, for use 
in major disasters or emergencies under the Stafford Act or for 
other incidents caused by a hazard that the Governor determines 
requires State assistance. However, in the event of a major 
disaster or emergency in that State, the State must make the 
units available to the President for use in that major disaster 
or emergency or provide the units directly to survivors of that 
major disaster or emergency. The Administrator shall establish 
a process to review requests made by States for temporary 
housing units under this section and to distribute excess 
temporary housing units that are in FEMA's inventory and in 
suitable condition. If the number of temporary housing units 
requested by States exceeds the number available, the 
Administrator shall determine how to allocate available units 
among the States that have made a request.

Sec. 207. Other methods of disposal

    Section 207 amends section 408 of the Stafford Act to allow 
the Administrator to sell excess temporary housing units that 
are no longer needed by FEMA to a State, governmental entity, 
or voluntary organization to provide temporary housing to 
disaster victims in disasters and incidents caused by a hazard 
(as defined in section 602 of the Stafford Act) that do not 
result in a declaration of a major disaster or emergency, 
provided that such recipients meet existing conditions under 
current law.

Sec. 208. Establishment of criteria relating to administration of 
        hazard mitigation assistance by States

    Section 208 requires the President, within 180 days of the 
date of enactment, to implement a program authorized in section 
204 of the Disaster Mitigation Act of 2000. To date, FEMA has 
not implemented this program to allow States to manage the 
Hazard Mitigation Grant Program under section 404 of the 
Stafford Act.

Sec. 209. Use of financial assistance to disseminate information 
        regarding cost-effective mitigation technologies

    Section 209 amends section 203 of the Stafford Act to 
increase the amount of Pre-Disaster Mitigation program funds 
that a State may use to disseminate information about cost-
effective mitigation technologies from 10 percent to up to 15 
percent, with the approval of the President.

                        TITLE III--OTHER MATTERS


Sec. 301. Emergency Management Assistance Compact grants

    Subsection (a) of Section 301 adds a new section 617 to the 
Stafford Act to reauthorize Emergency Management Assistance 
Compact (EMAC or Compact) grants. EMAC provides form and 
structure to interstate mutual aid and allows a State that is 
impacted by a disaster to request and receive assistance from 
other States quickly and efficiently. States and the 
Administrator of the Emergency Management Assistance Compact 
are eligible to receive grants under this section. The grants 
may be used to carry out recommendations identified in the EMAC 
after-action reports for the 2004 and 2005 hurricane seasons; 
administer the Compact; coordinate with FEMA and other 
appropriate Federal agencies; continue coordination with State 
and local governments and their respective national 
organizations; or assist with credentialing providers and 
typing emergency response resources. In providing assistance 
under the Compact, the Administrator of FEMA shall consult with 
the Administrator of the Compact to ensure effective 
coordination of efforts in responding to requests for 
assistance. This section authorizes $4,000,000 to be 
appropriated to carry out this section for each of fiscal years 
2010, 2011, and 2012. The current authorization for EMAC grants 
expired on September 30, 2008.
    Subsection (b) repeals 6 U.S.C. 761 which is the previous 
authorization that expired on September 30, 2008.

Sec. 302. Authority to accept and use gifts

    Section 302 makes a technical amendment to section 701(b) 
of the Stafford Act that clarifies that FEMA may make grants 
with funds or other gifts and donations made under section 701.

Sec. 303. Individual assistance factors

    Section 303 requires FEMA, not later than one year after 
the date of enactment, to review, update, and revise, through 
rulemaking, the factors considered in making recommendations 
for the assistance provided to individuals and families under 
the Stafford Act (as provided in 44 CFR 206.48). In developing 
these factors, the Committee recommends that FEMA not 
discriminate against States that have existing individual 
assistance programs and encourage other States to create such 
programs.

Sec. 304. Technical corrections to references

    Section 304 makes technical corrections by changing 
references to the ``Director'' of FEMA to ``Administrator'' of 
FEMA, consistent with the change in title of the head of FEMA 
that took effect on April 1, 2007.

Sec. 305. Functions of Federal Coordinating Officer

    Section 305 amends section 302 of the Stafford Act to 
clarify the responsibilities of the Federal Coordinating 
Officer (FCO) appointed after a major disaster or emergency in 
recovery, including long-term recovery. This section requires 
the FCO to make an initial appraisal of the types of recovery 
assistance needed not later than one month after the date of 
declaration of a major disaster or emergency. As appropriate, 
the FCO shall incorporate the recommendations of the Federal 
interagency disaster recovery task force created by section 306 
of this Act. In addition, the FCO is required to coordinate 
with State government officials on the establishment and 
implementation of detailed short and long-term recovery plans.
    The Committee notes that the FCO has authority for short 
and long-term recovery provided in various provisions of the 
Stafford Act, including section 402. FEMA, through its 
regulations, has also created a role for a ``Disaster Recovery 
Manager'' in 44 CFR 206.41(b). Although FEMA makes an 
administrative distinction for the purposes of its programs, 
the Disaster Recovery Manager carries out the duties of the FCO 
in recovery and is almost always the same person as the FCO.

Sec. 306. Federal interagency disaster recovery task force

    Section 306 adds a new section 330 to the Stafford Act to 
establish a Federal interagency disaster recovery task force. 
This task force will enhance and expedite recovery efforts of 
the Federal Government with respect to a major disaster or 
emergency.
    Section 330(a) establishes the task force and requires the 
task force to identify, maintain and catalogue Federal programs 
that may be used to assist in recovery efforts and to report to 
Congress at least annually.
    Section 330(b) establishes the Administrator of FEMA as the 
chairperson of the task force.
    Section 330(c) requires that the task force include a 
representative of each Federal department and agency determined 
by the President to administer a program that may be used to 
assist in recovery efforts. The Committee notes the critical 
role that the Economic Development Administration (EDA) has 
played in recovery from disasters and EDA's specific statutory 
authority for post-disaster recovery, and expects that EDA will 
play a significant role in the task force.
    Section 330(d) provides that the task force shall meet at 
least once each year.

Sec. 307. Debris removal

    Section 307 authorizes the President to increase the cost 
share by five percent for debris removal under section 407 of 
the Stafford Act for States and local governments that have a 
debris management plan approved by the Administrator of FEMA 
prior to the disaster declaration. This section codifies a 
pilot project authorized by the Committee in the Post-Katrina 
Emergency Management Reform Act of 2006.

Sec. 308. Review of regulations and policies

    Subsection (a) of section 308 requires the President, 
within one year of the date of enactment, to review regulations 
and policies related to Federal disaster assistance to 
eliminate regulations that the President determines are no 
longer relevant, to harmonize contradictory regulations, and to 
simplify and expedite disaster recovery and assistance. The 
Committee understands that FEMA has begun such a process and 
expects that this review will occur within the timeframe 
outlined in this section and with appropriate input from State 
and local emergency managers and other stakeholders.
    Subsection (b) provides that, not later than 18 months 
after the date of enactment, 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 subsection (a) and any 
related legislative recommendations.

Sec. 309. Appeals process

    Section 309 amends section 423(b) of the Stafford Act to 
change the deadline by which FEMA must issue decisions on 
appeals on disaster assistance from 90 days to 60 days of 
receiving notice of the appeal. This section also adds a new 
provision that requires FEMA to provide a written explanation 
of the failure to meet the new deadline to the applicant, and 
provide quarterly reports to Congress. The Committee continues 
to be concerned about FEMA's inability to meet the statutory 
deadlines for decisions on appeals, especially in the Public 
Assistance program. A recent report on the Public Assistance 
program by the Inspector General of the Department of Homeland 
Security, requested by the Committee, confirms these concerns. 
The Inspector General found that, on average, it took FEMA 
seven months to complete first appeals and an additional 10 
months to complete second appeals; in some cases the appeal 
process took several years.\5\
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    \5\Department of Homeland Security Office of Inspector General, 
Assessment of FEMA's Public Assistance Program Policies and Procedures, 
Report OIG-10-26 (December 2009), at 4-6.
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Sec. 310. Repair restoration and replacement of damaged facilities

    Subsection (a) of Section 310 amends section 406 of the 
Stafford Act to lower the threshold for Public Assistance 
projects on which the President must report to Congress from 
$20 million to $5 million. The subsection also adds a new 
provision to require a report, not less frequently than every 
180 days, to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the status 
of applications, obligations, and contributions for each active 
major disaster on the date of the transmission of the report.
    Subsection (b) requires the President, within 180 days of 
the date of enactment, to issue regulations and implement the 
cost estimating procedures for the Public Assistance program. 
Section 406(e) of the Stafford Act was amended to require these 
procedures in the Disaster Mitigation Act of 2000. FEMA has not 
implemented the Disaster Mitigation Act requirement. A number 
of hearings held by the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management have highlighted 
delays in implementing the Public Assistance program and 
conflicts between FEMA and State and local governments on 
eligibility for this program. These delays and conflicts have 
impeded the recovery from a number of disasters, including 
Hurricane Katrina. The Committee believes that, if FEMA had 
implemented the cost estimating requirements of the Disaster 
Mitigation Act of 2000, many of these delays and conflicts 
could have been avoided. The Committee also notes that 
implementation of this provision is a critical element in 
developing and implementing the special procedures for 
widespread damages authorized by section 311 of this Act.

Sec. 311. Special procedures for widespread damage

    Subsection (a) of section 311 amends the Stafford Act by 
adding a new subsection 406(f). This provision authorizes the 
President to make a determination, at the request of a 
Governor, that a major disaster has caused extensive and 
widespread damages; and that special procedures to expedite the 
repair, restoration, reconstruction, or replacement of eligible 
public facilities are in the public interest. The President may 
apply any limitations or other conditions in making available 
this assistance that the President establishes by regulation.
    To be eligible for assistance under special procedures, a 
State must submit a facility recovery plan to the President. To 
provide assistance under special procedures, the President must 
determine that the plan is consistent with the requirements of 
this section. Within 10 days after the President makes the 
determination to use special procedures, the President must 
provide the State assistance in developing the facility 
recovery plan, unless the State requests assistance in 
developing the plan be provided at a later date. This 
assistance to develop the plan may be provided through 
financial assistance, technical assistance, or through the 
Emergency Management Assistance Compact described in section 
617 of the Stafford Act, as amended by section 301 of this Act. 
When providing assistance under special procedures, the 
President may provide up to 100 percent for large in-lieu 
contributions, also known as alternate projects.
    Subsection (b) requires the Administrator of FEMA to issue 
an interim final rule to implement this program within 180 days 
of the date of enactment, and a final rule not later than two 
years after the date of the interim final rule. In issuing the 
final rule, the Administrator shall consider public comments, 
including the comments of State and local emergency management 
agencies, and the report of the Inspector General under 
subsection (c).
    In developing the special procedures through rulemaking, 
the Administrator shall consider, at a minimum, the authorities 
and procedures used to carry out section 406(c) of the Stafford 
Act, which authorizes large in-lieu projects, section 422, 
which authorizes simplified procedures for small projects, and 
section 406(e), which authorizes cost-estimating procedures, 
including mitigation authorized by section 406(e)(1). The 
Committee notes that with the exception of the adjustment for 
contributions for large in-lieu projects, also known as 
alternate projects, the Stafford Act already provides the 
President with the discretion and flexibility to establish the 
special procedures authorized by this section. However, this 
section requires FEMA to do so, and establishes clear criteria 
for when special procedures may be used.
    Subsection (c) requires the Inspector General of the 
Department of Homeland Security to issue a report 90 days after 
the implementation of this provision and authorizes additional 
reports as appropriate.

                           Additional Matters

    FEMA has begun a multi-year effort to harmonize 
administrative requirements for all of FEMA's hazard mitigation 
programs, including the all-hazards PDM and HMGP programs 
authorized by the Stafford Act, and flood mitigation programs 
(e.g., Flood Mitigation Assistance, Repetitive Flood Loss, and 
Severe Repetitive Loss). FEMA's goal is to unify the 
administrative requirements of hazard mitigation assistance 
programs by using common systems and tools, and by simplifying 
and streamlining the application and eligibility determination 
process. FEMA expects that these changes will improve program 
implementation, management, and close-out. The focus is on 
simplifying the process for both FEMA and the communities that 
it serves. The Committee strongly supports these efforts.
    The Committee notes that ``safe rooms'' can be effective in 
protecting lives in a disaster and notes that safe rooms and 
related projects that help ensure facilities protect lives 
during a disaster are an appropriate use of Stafford Act 
mitigation funds, subject to all other appropriate statutory 
and program requirements.
    The Committee recognizes that some communities have less 
capability than others to develop competitive hazard mitigation 
applications, and that some States are less able than others to 
build and maintain the capacity to provide needed technical 
assistance. The Committee encourages FEMA to continue to make 
available technical assistance, and allow States the greatest 
flexibility permitted to provide technical assistance to 
communities that require such assistance and capacity building 
to identify and develop applications in accordance with the 
specifications of the nationally competitive program.
    In 2006, FEMA instituted a Mitigation Reconstruction pilot 
program for communities impacted by Hurricanes Katrina and 
Rita; however, FEMA has not considered these projects in other 
disasters. Mitigation Reconstruction, also known as Demolish-
Rebuild, provides for damaged structures to be reconstructed in 
a way that will mitigate against loses in future disasters. In 
certain cases, the cost-benefit of demolishing and 
reconstructing justifies the use of mitigation funds in this 
way. For example, simply elevating an old structure to guard 
against flood damage does little to protect against wind 
damage. In addition, there is no statutory prohibition against 
the use of mitigation funding for mitigation reconstruction. 
The Committee encourages and supports FEMA in making 
appropriate mitigation reconstruction projects allowable under 
its mitigation programs.
    The Committee held a number of hearings detailing the 
impact of FEMA's policies on recovery efforts following a large 
and widespread disaster, such as Hurricane Katrina. Often, the 
processes established through regulations and policies for 
assistance under FEMA's programs were found to be cumbersome, 
especially following a large-scale disaster. In addition, FEMA 
has failed to fully implement certain authorities provided 
under the Stafford Act, such as those authorities that provide 
for the use of cost-estimating, which can help expedite the 
recovery process. Therefore, H.R. 3377, as amended, includes a 
number of provisions that are intended to help streamline and 
improve assistance and coordination following such a disaster, 
including directing the President to review disaster assistance 
regulations and policies, shortening the Public Assistance 
appeals process, creating a Federal Interagency Recovery Task 
Force, and establishing special procedures for widespread 
disasters.
    The Committee notes that the Administration is engaged in a 
number of efforts to review the Federal Government's role and 
activities in disaster recovery including long-term recovery. 
EDA has traditionally assisted communities' disaster recovery 
and has specific authority to support post-disaster economic 
recovery. The Committee expects that EDA will play a 
significant role in any Federal long-term disaster recovery 
efforts.

            Legislative History and Committee Consideration

    The Committee held the following hearings related to 
matters contained in H.R. 3377 in the 110th and 111th 
Congresses:
    On March 27, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's Temporary Housing Program.
    On April 20, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's Emergency Food Supply System.
    On April 26, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's Preparedness and Response to All Hazards.
    On April 30, 2008, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's Pre-Disaster Mitigation program.
    On June 4, 2008, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing on 
FEMA's Integrated Public Alerts and Warning System.
    On September 23, 2008, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's response to the 2008 hurricane season and the 
National Disaster Housing Strategy.
    On February 25, 2009, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's continuing efforts on Gulf Coast recovery and 
its response to recent disasters.
    On May 14, 2009, the Committee on Transportation and 
Infrastructure held a hearing on an Independent FEMA.
    On July 27, 2009, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing on 
catastrophic disasters.
    On September 29, 2009, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on ongoing recovery efforts from Hurricane Katrina in 
the Gulf Coast.
    On September 30, 2009, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's Integrated Public Alerts and Warning System.
    On October 20, 2009 the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on the reports of the National Council on Disabilities 
and the National Commission on Children and Disaster on 
disasters and emergency management.
    On February 3, 2010, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on FEMA's National Urban Search and Rescue System and 
their activities in response to the Haitian earthquake.
    On March 4, 2010, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing on 
the United States Conference of Mayors report on the Stafford 
Act and on disaster issues related to cities.
    On March 23, 2010, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on the response to winter storms and disaster 
declarations for winter storms in the National Capital Region.
    On May 11, 2010, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing on 
the proposed Fiscal Year 2011 budgets for FEMA and the Economic 
Development Administration.
    In the 110th and 111th Congresses, the Committee took 
action on the following legislation:
    On May 21, 2008, Chairman James L. Oberstar introduced H.R. 
6109, the ``Pre-Disaster Mitigation Act of 2008''. On May 22, 
2008, the Committee on Transportation and Infrastructure met in 
open session to consider H.R. 6109. The Committee ordered the 
bill reported favorably to the House by voice vote with a 
quorum present. On June 19, 2008, the Committee on 
Transportation and Infrastructure reported the bill. H. Rept. 
110-725.
    On July 30, 2008, Chairman James L. Oberstar introduced 
H.R. 6658, the ``Disaster Response, Recovery, and Mitigation 
Enhancement Act of 2008''. On July 31, 2008, the Committee on 
Transportation and Infrastructure met in open session to 
consider H.R. 6658. The Committee ordered the bill reported 
favorably to the House by voice vote with a quorum present.
    On March 26, 2009, Chairman James L. Oberstar introduced 
H.R. 1746, the ``Pre-Disaster Mitigation Act of 2009''. On 
April 2, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 1746. The 
Committee ordered the bill reported favorably to the House by 
voice vote with a quorum present. On April 23, 2009, the 
Committee on Transportation and Infrastructure reported the 
bill. H. Rept. 111-83.
    On July 29, 2009, Chairman James L. Oberstar introduced 
H.R. 3377, the ``Disaster Response, Recovery, and Mitigation 
Enhancement Act of 2009''. On November 5, 2009, the Committee 
on Transportation and Infrastructure met in open session to 
consider H.R. 3377. The Committee adopted by voice vote an 
amendment in the nature of a substitute. The Committee ordered 
the bill, as amended, reported favorably to the House by voice 
vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 3377 or ordering the bill reported. 
A motion to order H.R. 3377, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
improve the assistance that the Federal Government provides to 
States, local governments, and communities before, during, and 
after major disasters and emergencies.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
3377, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 8, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3377, the Disaster 
Response, Recovery, and Mitigation Enhancement Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 3377--Disaster Response, Recovery, and Mitigation Enhancement Act 
        of 2009

    Summary: H.R. 3377 would affect several grant and disaster 
assistance programs administered by the Federal Emergency 
Management Agency (FEMA). The legislation would:
           Authorize grants to states and localities 
        for predisaster mitigation programs;
           Modernize emergency warning systems to 
        incorporate multiple technologies;
           Expand participation in the Federal 
        Employees Health Benefit (FEHB) program to include 
        temporary or intermittent employees hired by FEMA 
        during a disaster;
           Provide funding for urban response and 
        rescue efforts and establish a national network of 
        standardized resources for search and rescue;
           Increase hazard mitigation assistance 
        available to states following a disaster;
           Authorize mortgage and rental payment 
        assistance for victims of a disaster;
           Authorize grants to states that agree to 
        provide aid to other states during a disaster;
           Increase assistance for debris removal to 
        states and local governments;
           Require FEMA to undertake a number of 
        reviews and reports;
           Specifically authorize a Disaster Relief 
        Fund (DRF);
           Authorize assistance for the rescue, care, 
        and shelter of household pets and service animals 
        during a declared emergency;
           Direct FEMA to develop and implement a plan 
        to dispose of excess housing units; and,
           Create special procedures for recovery 
        funding for disasters with extensive and widespread 
        damages and increase assistance for alternative public 
        assistance projects.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing H.R. 3377 would cost about $1.2 
billion over the 2010-2015 period.
    In addition, the legislation would authorize FEMA to retain 
and spend receipts from the sales of excess materials, 
supplies, and equipment. Under current law, proceeds in excess 
of sale costs are deposited into the Treasury. Pay-as-you-go 
procedures would apply because enacting the legislation would 
affect direct spending; however, CBO estimates that such 
spending would be insignificant in any year. We estimate that 
enacting this legislation would not affect revenues.
    H.R. 3377 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), by eliminating an existing right to seek compensation 
for damages and by requiring employers to allow members of the 
urban search and rescue response system to reclaim their jobs 
after completing a deployment to a disaster. Based on 
information from FEMA, CBO estimates that the cost to comply 
with the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($70 million and $141 million, respectively, in 2010, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3377 is shown in the following table. 
The cost of this legislation falls within budget functions 450 
(community and regional development) and 550 (health).


----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2010     2011     2012     2013     2014     2015   2010-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Predisaster Mitigation Grants:
    Authorization Level\1\.....................      150      250      250        0        0        0       650
    Estimated Outlays..........................        4       81      160      205      150       50       650
Integrated Public Alert and Warning System:
    Estimated Authorization Level..............        0       39       39       40       41       43       202
    Estimated Outlays..........................        0        6       14       25       34       40       119
Health Benefits for Temporary Employees:
    Estimated Authorization Level..............        4       16       17       18       19       21        95
    Estimated Outlays..........................        4       16       17       18       19       21        95
National Urban Search and Rescue Response
 System:
    Authorization Level\1\.....................       19       52       52        0        0        0       123
    Estimated Outlay...........................        2       46       52       23        0        0       123
Increased Hazard Mitigation Assistance:
    Estimated Authorization Level..............        0       28       56       56       57       58       255
    Estimated Outlays..........................        0        1        8       22       36       47       114
Temporary Mortgage and Rental Payments:
    Estimated Authorization Level..............        0        2        3        3        3        3        14
    Estimated Outlays..........................        0        1        3        3        3        3        13
Emergency Management Assistance Compact Grants:
    Authorization Level........................        4        4        4        0        0        0        12
    Estimated Outlays..........................        1        4        4        3        0        0        12
Increased Debris Removal Assistance:
    Estimated Authorization Level..............        0       12       18       18       18       19        85
    Estimated Outlays..........................        0       11       17       18       18       19        83
Reviews and Reports:
    Estimated Authorization Level..............        *        1        1        1        1        1         5
    Estimated Outlays..........................        *        1        1        1        1        1         5
    Total Changes:
        Estimated Authorization Level..........      177      404      440      136      139      145     1,441
        Estimated Outlays......................       11      167      276      318      261      181    1,214
----------------------------------------------------------------------------------------------------------------
Note: *less than $500,000.
\1\H.R. 3377 would authorize appropriations for fiscal year 2010 above amounts provided by the Congress under
  current law and allocated by FEMA for that year (see Public Law 111-83).

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted during fiscal year 2010 and that 
amounts specified and estimated to be necessary will be 
appropriated for each year.

Spending subject to appropriation

    Predisaster Mitigation Grants. Section 101 would authorize 
the appropriation of $250 million in each of fiscal years 2010 
through 2012 for FEMA to provide assistance to states and 
localities for predisaster mitigation projects such as 
constructing levees, relocating homes away from flood prone 
areas, and retrofitting buildings in areas prone to 
earthquakes. For 2010, the Congress provided $100 million for 
such assistance (see Public Law 111-83). CBO assumes that the 
additional $150 million authorized by this legislation for that 
year would also be appropriated. Based on historical spending 
patterns for this program, CBO estimates that implementing this 
provision would cost $650 million over the 2010-2015 period.
    Integrated Public Alert and Warning System. Section 102 
would authorize the appropriation of $37 million for 2010 and 
such sums as may be necessary thereafter to modernize the 
Integrated Public Alert and Warning System (IPAWS). IPAWS 
utilizes multiple technologies (for example, satellite radios, 
computers, pagers, and cellular phones) in addition to 
traditional radio and television communications to provide 
information about an impending or ongoing disaster. To date, 
FEMA has completed several pilot programs and continues to 
implement IPAWS technologies in various regions. In addition, 
the legislation would establish an advisory committee to make 
recommendations on implementing the system.
    FEMA plans to allocate about $37 million for IPAWS in 2010 
from amounts already provided for that year. Based on 
information from the agency, CBO does not expect that 
activities would increase significantly over the next five 
years under this bill. Consequently, we estimate that the 
amounts necessary to implement this section would be roughly 
equivalent to the current budget for the program (adjusted for 
inflation) and would cost about $119 million over the 2011-2015 
period.
    Health Benefits for Temporary Employees. Section 103 would 
allow temporary or intermittent employees hired by FEMA under 
the Stafford Act to enroll in the Federal Employees Health 
Benefit (FEHB) program. Based on estimates from FEMA of the 
number of disaster assistance employees that would be eligible 
each year (about 8,000), CBO estimates that the federal 
contribution towards premiums for temporary and intermittent 
employees would total about $95 million over the 2010-2015 
period. CBO estimates that about half of the eligible employees 
working for less than one year would enroll in the program.
    National Urban Search and Rescue Response System. Section 
105 would authorize the appropriation of $52 million in each of 
fiscal years 2010 through 2012 for FEMA to supplement 
operations of the National Urban Search and Rescue Response 
System. The system consists of multiple task forces made up of 
participants from fire departments, law enforcement agencies, 
federal, state, and local governments, and private companies. 
Task forces assist local responders in locating victims and 
managing recovery operations. Funding provided in this 
legislation would be used to operate and train the task forces, 
maintain equipment, and replace or repair equipment used in 
training or when responding to a disaster. The bill also would 
direct FEMA to establish a national network of standardized 
resources used in search and rescue operations and to enter 
into cooperative agreements with sponsoring agencies to 
reimburse costs incurred in those efforts.
    For 2010, the Congress provided about $33 million for the 
Urban Search and Rescue Response System (see Public Law 111-
83). CBO assumes that the additional $19 million authorized by 
this bill for 2010 also would be provided. Based on historical 
spending patterns for this program, CBO estimates that 
implementing this provision would cost $123 million over the 
2010-2015 period.
    Increased Hazard Mitigation Assistance. Section 201 would 
increase assistance available to states under FEMA's Hazard 
Mitigation Grant Program (HMGP). Under current law, states 
receive grants for postdisaster mitigation equal to between 7.5 
percent and 15 percent of total recovery assistance provided 
under the Stafford Act. States with a FEMA-approved State or 
Tribal Enhanced Hazard Mitigation Plan may receive grants of up 
to 20 percent of Stafford Act assistance, Under this 
legislation, if a state is actively enforcing an approved 
building code, FEMA could increase mitigation assistance 
through HMGP by an amount equal to 4 percent of total recovery 
assistance. Based on historical obligations for hazard 
mitigation and assuming that about half of future disasters 
occur in states with approved building codes, CBO estimates 
that implementing this provision would require additional 
appropriations of about $255 million over the 2011-2015 period, 
at a cost of $114 million.
    Temporary Mortgage and Rental Payments. Section 202 would 
authorize FEMA to make mortgage and rental payments on behalf 
of individuals facing imminent risk of eviction as a result of 
a disaster. Assistance under the program would be limited to 18 
months and would be subject to FEMA's cap on total individual 
and household assistance ($29,900 for 2010, adjusted annually 
for inflation). Prior to 2002, FEMA operated a Mortgage and 
Rental Assistance (MRA) program with similar parameters. 
Payments under MRA totaled about $18 million from 1970 until 
2001, when FEMA distributed $76 million in assistance following 
the September 11 terrorist attacks, CBO estimates that 
implementing a similar program would require additional 
resources of about $14 million over the next five years, 
increasing discretionary spending by $13 million over that 
period.
    Emergency Management Assistance Compact Grants. Section 301 
would authorize the appropriation of $4 million a year over the 
2010-2012 period for grants to administer and coordinate 
activities under the Emergency Management Assistance Compact 
(EMAC). EMAC was ratified by the Congress in 1996 (see Public 
Law 104-321) as an interstate mutual-aid agreement that enables 
member states to share resources during a declared disaster. 
The compact also allows for interstate coordination of 
emergency-related exercises and training. EMAC is currently 
administered by the National Emergency Management Association 
(NEMA), a private association representing state emergency 
management directors. Based on historical expenditure patterns, 
CBO estimates that providing grants to NEMA and EMAC 
participants would cost $12 million over the 2010-2013 period.
    Increased Debris Removal Assistance. Section 308 would 
increase the federal cost share for debris removal by 5 percent 
for states and local governments that have developed a debris 
management plan and have prequalified at least two wreckage-
removal contractors prior to a disaster. Under current FEMA 
covers 75 percent of the cost for debris removal after a 
disaster. (In certain cases, the federal share has been 
temporarily increased up to 100 percent.)
    Like other disaster relief, spending for debris removal 
varies depending on the quantity and magnitude of disasters in 
a given year. Over the 2000-2004 period, annual allocations for 
debris removal averaged about $350 million compared with almost 
$1.2 billion over the last five years. Based on those 
historical expenditures, CBO estimates that implementing this 
provision would require additional resources of about $85 
million over the next five years, at a cost of $83 million over 
that time.
    Reviews and Reports. The legislation would direct FEMA to 
review the factors used to measure the severity, magnitude, 
cost, and impact of a disaster; the criteria for a state to 
administer its HMGP funds; and whether certain recommendations 
regarding individuals with disabilities should be incorporated 
into policies for disaster response and recovery. CBO cannot 
predict whether any actions undertaken as a result of those 
reviews would affect the costs of disaster relief.
    The legislation also would require FEMA to submit reports 
to the Congress regarding improvements to IPAWS (from the newly 
created IPAWS Modernization Advisory Committee); activities of 
the DRF; the storage, use, and disposal of temporary housing 
units; the status of public assistance grants for each major 
disaster; and the implementation of special procedures for 
disasters with widespread damage. Based on the historical costs 
of similar types of studies produced by FEMA and other 
agencies, CBO estimates that this work would cost about $5 
million over the next five years.
    Other Provisions. H.R. 3377 would make a number of other 
changes to the Stafford Act, which CBO estimates would have no 
significant impact on the federal budget.
    Disaster Relief Fund (DRF). Section 106 would authorize the 
appropriation of whatever amounts are necessary to provide 
disaster-related assistance under the Stafford Act. Although 
current law does not explicitly authorize appropriations for 
those purposes, the Congress regularly provides funds to the 
DRF through annual and supplemental appropriations. Since 2000, 
more than $85 billion has been expended for disaster 
assistance, including more than $37 billion for the 2005 Gulf 
Coast hurricanes. Because this provision would not alter the 
authorized activities of the federal government in response to 
a disaster, CBO estimates that it would have no additional 
cost.
    Assistance for Household Pets and Service Animals. Section 
205 would authorize FEMA to provide assistance for the rescue, 
care, and shelter of household pets and service animals during 
a declared emergency. Under current law, such assistance is 
available within presidentially declared disaster areas at the 
discretion of FEMA. Emergency assistance (unlike major disaster 
assistance) may be triggered without a gubernatorial request 
and does not require that certain criteria (for example, level 
of damages) be met before federal aid becomes available. Based 
on information from FEMA, CBO does not expect that a 
significant increase in resources would be necessary to 
implement this provision.
    Disposal of Temporary Housing Units. Section 206 would 
direct FEMA to develop and implement a plan to dispose of 
temporary housing units (for example, mobile homes and travel 
trailers) that are in excess of current and future needs or are 
determined to be unusable. Excess units determined to be in a 
suitable condition could immediately be donated to states for 
disaster relief purposes, instead of first being offered for 
sale to current occupants under current law. CBO cannot 
determine how many units would be donated rather than sold 
under this provision; however, because the proceeds of any sale 
are deposited in the DRF or remain with General Services 
Administration (GSA disposes of excess property for FEMA and 
many other agencies) under current law, any change in receipts 
would have no net effect on the federal budget.
    Additional Assistance for Certain Disasters. Section 312 
would direct FEMA to establish special procedures for areas 
where a major disaster has caused extensive and widespread 
damage. Those procedures would allow FEMA to provide technical 
and financial assistance to develop recovery spending plans and 
increased federal funding for certain public assistance 
projects. Under current law, state and local governments may 
elect to construct new facilities, engage in hazard mitigation, 
or repair and expand other facilities in lieu of repairing an 
existing structure damaged by a disaster. In such cases, 
federal funding is decreased by 10 percent for public buildings 
and by 25 percent for private nonprofit facilities. Using the 
special procedures developed under this section, FEMA could 
provide the full federal share for the cost of those projects 
(which is typically 75 percent, but for large disasters may 
increase to 90 percent).
    CBO assumes that the special procedures would apply only in 
cases where damages are exceedingly high or widespread (such as 
Hurricane Katrina in 2005 or Hurricane Ike in 2008). CBO cannot 
predict the timing of these events or whether any other 
additional assistance may be provided as a result of this 
provision. Few alternative projects were undertaken following 
major disasters over the last few years, suggesting that 
additional expenditures under the bill would be small in most 
years.

Direct spending

    Section 104 would authorize FEMA to sell excess disaster-
related materials, supplies, and equipment directly to states, 
local governments, and disaster relief organizations for the 
purpose of assisting victims of other disasters or emergencies. 
Proceeds received from the sale of such excess property would 
be available to FEMA to provide future disaster assistance. 
Under current law, such receipts are deposited in the Treasury 
as miscellaneous receipts. Any decrease in receipts to the 
Treasury as a result of this provision would be considered 
direct spending.
    Based on information from GSA, CBO estimates that any 
additional spending under this provision would be 
insignificant. Under current law, excess property is first 
available for transfer to other federal agencies. Material not 
transferred may be donated to state and nonprofit 
organizations. Property not disposed of through those means may 
then be offered to the public for sale. The sale of FEMA's 
materials and supplies generally does not result in a 
significant sum deposited in the Treasury. Usually, FEMA or GSA 
will retain any receipts to cover the costs of a sale (for 
example, warehousing and handling). Therefore, CBO estimates 
that allowing FEMA to retain proceeds from the sale of excess 
disaster-related materials, supplies, and equipment would have 
no significant net effect on the federal budget.
    Pay-as-you-go considerations: Because provisions of the 
bill could affect direct spending, pay-as-you-go procedures 
would apply. However, CBO estimates that any increase in direct 
spending under the bill would be insignificant in each year.
    Intergovernmental and private-sector impact: H.R. 3377 
would impose intergovernmental and private-sector mandates as 
defined in UMRA. CBO estimates that the cost to comply with the 
mandates to state, local, and tribal governments and the 
private sector would fall below the annual thresholds 
established in UMRA for such mandates ($70 million and $141 
million, respectively, in 2010, adjusted annually for 
inflation).
    Under current law, members of search and rescue task forces 
have protection from tort liability when participating in 
federal preparedness activities. The bill would expand that 
protection to include training exercises. Such protection would 
impose a mandate because it would eliminate an existing right 
to seek compensation for damages. According to FEMA, no claims 
for damage have been filed regarding a training exercise, nor 
does the agency expect that any such claims would be filed 
under current law. Therefore, CBO estimates that the costs, if 
any, of this mandate would be minimal.
    The bill also would require employers to allow task force 
members who are deployed to a disaster to reclaim their jobs 
upon completion of their service. According to FEMA, there are 
currently about 2,000 workers in the system; the duration of 
deployment is usually less than one month; and in general, most 
employers currently allow workers to reclaim their positions: 
Thus, CBO estimates that the cost for government and private-
sector employers to comply with the mandate would fall below 
the annual thresholds.
    The bill also would benefit state, local, and tribal 
governments by authorizing appropriations for hazard mitigation 
activities; authorizing the sale of excess materials, supplies, 
and equipment to those governments for use in emergencies; and 
authorizing the reimbursement of compensation for certain 
public employees who are activated as part of an urban search 
and rescue team. Any costs to those governments would he 
incurred voluntarily.
    Estimate prepared by: Federal Costs: Daniel Hoople--FEMA; 
Kirstin Nelson--FEHB; Impact on State, Local, and Tribal 
Governments: Melissa Merrell; Impact on the Private Sector: 
Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
3377, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt State, local, 
or tribal law. The Committee states that H.R. 3377, as amended, 
does not preempt any State, local, or tribal law.

                      Advisory Committee Statement

    H.R. 3377, as amended, establishes an advisory committee as 
defined by section 3 of the Federal Advisory Committee Act: the 
Urban Search and Rescue Advisory Committee. The Committee finds 
pursuant to section 5 of the Federal Advisory Committee Act 
that none of the functions of the proposed advisory committee 
are being or could be performed by one or more agencies or by 
an advisory committee already in existence, or by enlarging the 
mandate of an existing advisory committee. The Committee also 
determines that the Urban Search and Rescue Advisory Committee 
has a clearly defined purpose, fairly balanced membership, and 
meets all of the other requirements of section 5(b) of the 
Federal Advisory Committee Act.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT


SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

           *       *       *       *       *       *       *


TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


SEC. 203. [PREDISASTER] PRE-DISASTER HAZARD MITIGATION.

  (a) * * *
  (b) Establishment of Program.--The President may establish a 
program to provide technical and financial assistance to States 
and local governments to assist in the implementation of 
[predisaster] pre-disaster hazard mitigation measures that are 
cost-effective and are designed to reduce injuries, loss of 
life, and damage and destruction of property, including damage 
to critical services and facilities under the jurisdiction of 
the States or local governments.
  (c) Approval by President.--If the President determines that 
a State or local government has identified natural disaster 
hazards in areas under its jurisdiction and has demonstrated 
the ability to form effective public-private natural disaster 
hazard mitigation partnerships, the President, using amounts in 
the National [Predisaster] Pre-Disaster Mitigation Fund 
established under subsection (i) (referred to in this section 
as the ``Fund''), may provide technical and financial 
assistance to the State or local government to be used in 
accordance with subsection (e).

           *       *       *       *       *       *       *

  (e) Uses of Technical and Financial Assistance.--
          (1) In general.--Technical and financial assistance 
        provided under this section--
                  (A) shall be used by States and local 
                governments principally to implement 
                [predisaster] pre-disaster hazard mitigation 
                measures that are cost-effective and are 
                described in proposals approved by the 
                President under this section; and

           *       *       *       *       *       *       *

          (2) Dissemination.--A State or local government may 
        use not more than 10 percent (or up to 15 percent if 
        approved by the President) of the financial assistance 
        received by the State or local government under this 
        section for a fiscal year to fund activities to 
        disseminate information regarding cost-effective 
        mitigation technologies.
  [(f) Allocation of Funds.--The amount of financial assistance 
made available to a State (including amounts made available to 
local governments of the State) under this section for a fiscal 
year--
          [(1) shall be not less than the lesser of--
                  [(A) $500,000; or
                  [(B) the amount that is equal to 1.0 percent 
                of the total funds appropriated to carry out 
                this section for the fiscal year;
          [(2) shall not exceed 15 percent of the total funds 
        described in paragraph (1)(B); and
          [(3) shall be subject to the criteria specified in 
        subsection (g).]
  (f) Allocation of Funds.--
          (1) In general.--The President shall award financial 
        assistance under this section on a competitive basis 
        and in accordance with the criteria in subsection (g).
          (2) Minimum and maximum amounts.--In providing 
        financial assistance under this section, the President 
        shall ensure that the amount of financial assistance 
        made available to a State (including amounts made 
        available to local governments of the State) for a 
        fiscal year--
                  (A) is not less than the lesser of--
                          (i) $575,000; or
                          (ii) the amount that is equal to one 
                        percent of the total funds appropriated 
                        to carry out this section for the 
                        fiscal year; and
                  (B) does not exceed the amount that is equal 
                to 15 percent of the total funds appropriated 
                to carry out this section for the fiscal year.
  (g) Criteria for Assistance Awards.--In determining whether 
to provide technical and financial assistance to a State or 
local government under this section, the President shall take 
into account--
          (1) * * *

           *       *       *       *       *       *       *

          (9) the extent to which assistance will fund 
        mitigation activities in small impoverished 
        communities; [and]
          (10) in the case of a State, whether the State has in 
        effect and is actively enforcing a State building code 
        in a manner consistent with section 404(d); and
          [(10)] (11) such other criteria as the President 
        establishes in consultation with State and local 
        governments.

           *       *       *       *       *       *       *

  (i) National [Predisaster] Pre-Disaster Mitigation Fund.--
          (1) Establishment.--The President may establish in 
        the Treasury of the United States a fund to be known as 
        the ``National [Predisaster] Pre-Disaster Mitigation 
        Fund'', to be used in carrying out this section.
          (2) Transfers to fund.--There shall be deposited in 
        the Fund--
                  (A) * * *
                  (B) sums available from gifts, bequests, or 
                donations of services or property received by 
                the President for the purpose of [predisaster] 
                pre-disaster hazard mitigation.

           *       *       *       *       *       *       *

  [(m) Termination of Authority.--The authority provided by 
this section terminates September 30, 2009.]
  (m) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $250,000,000 for each 
of fiscal years 2010, 2011, and 2012.

SEC. 204. INTERAGENCY TASK FORCE.

  (a) * * *
  (b) Chairperson.--The [Director] Administrator of the Federal 
Emergency Management Agency shall serve as the chairperson of 
the task force.

           *       *       *       *       *       *       *


TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


                         COORDINATING OFFICERS

  Sec. 302. (a) * * *
  (b) In order to effectuate the purposes of this Act, the 
Federal coordinating officer, within the affected area, shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) coordinate the administration of relief, 
        including activities of the State and local 
        governments, the American National Red Cross, the 
        Salvation Army, the Mennonite Disaster Service, and 
        other relief or disaster assistance organizations, 
        which agree to operate under his advise or direction, 
        except that nothing contained in this Act shall limit 
        or in any way affect the responsibilities of the 
        American National Red Cross under the Act of January 5, 
        1905, as amended (33 Stat. 599); [and]
          (4) not later than one month after the date of the 
        declaration of a major disaster or emergency, make an 
        initial appraisal of the types of recovery assistance 
        needed that incorporates, as appropriate, 
        recommendations of the Federal interagency disaster 
        recovery task force established under section 330;
          (5) coordinate with State government officials the 
        establishment of detailed short-term and long-term 
        recovery plans and methods for implementation of such 
        plans; and
          [(4)] (6) take such other action, consistent with 
        authority delegated to him by the President, and 
        consistent with the provisions of this Act, as he may 
        deem necessary to assist local citizens and public 
        officials in promptly obtaining assistance to which 
        they are entitled.

           *       *       *       *       *       *       *


SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

  (a) * * *
  (b) Emergency Response Teams.--
          (1) Establishment.--In carrying out subsection (a), 
        the President, acting through the [Director] 
        Administrator of the Federal Emergency Management 
        Agency, shall establish--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Target capability level.--The [Director] 
        Administrator shall ensure that specific target 
        capability levels, as defined pursuant to the 
        guidelines established under section 646(a) of the 
        Post-Katrina Emergency Management Reform Act of 2006, 
        are established for Federal emergency response teams.
          (3) Personnel.--The President, acting through the 
        [Director] Administrator, shall ensure that the Federal 
        emergency response teams consist of adequate numbers of 
        properly planned, organized, equipped, trained, and 
        exercised personnel to achieve the established target 
        capability levels. Each emergency response team shall 
        work in coordination with State and local officials and 
        onsite personnel associated with a particular incident.
          (4) Readiness reporting.--The [Director] 
        Administrator shall evaluate team readiness on a 
        regular basis and report team readiness levels in the 
        report required under section 652(a) of the Post-
        Katrina Emergency Management Reform Act of 2006.

           *       *       *       *       *       *       *


                        PERFORMANCE OF SERVICES

  Sec. 306. (a) * * *

           *       *       *       *       *       *       *

  (c) Health Benefits.--
          (1) In general.--Notwithstanding any provision of 
        title 5, United States Code, or related regulations 
        limiting or prohibiting the provision of health 
        benefits for temporary or intermittent employees, 
        personnel appointed under subsection (b)(1) shall be 
        eligible to enroll in the Federal Employees Health 
        Benefits plan or any successor health benefits plan 
        approved and administered by the Office of Personnel 
        Management under terms and conditions set by the agency 
        appointing the temporary personnel.
          (2) Annual report.--Not later than one year after the 
        date of enactment of this subsection, and annually 
        thereafter, the President shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate a report on the 
        implementation of this subsection.

           *       *       *       *       *       *       *


              USE AND COORDINATION OF RELIEF ORGANIZATIONS

  Sec. 309. (a) * * *
  (b) The President is authorized to enter into agreements, 
including grant agreements, with the American National Red 
Cross, the Salvation Army, the Mennonite Disaster Service, and 
other relief or disaster assistance organizations under which 
the disaster relief activities of such organizations may be 
coordinated by the Federal coordinating officer whenever such 
organizations are engaged in providing relief during and after 
a major disaster or emergency. Any such agreement shall include 
provisions assuring that use of Federal facilities, supplies, 
and services will be in compliance with regulations prohibiting 
duplication of benefits and guaranteeing nondiscrimination 
promulgated by the President under this Act, and such other 
regulation as the President may require.

           *       *       *       *       *       *       *


SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Duties.--The Small State and Rural Advocate shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) conduct such other activities as the [Director] 
        Administrator of the Federal Emergency Management 
        Agency considers appropriate.

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

  (a) In General.--Notwithstanding any other provision of law, 
if the President determines that materials, supplies, or 
equipment acquired by the President pursuant to title IV or V 
for response or recovery efforts in connection with a major 
disaster or emergency is in excess of the amount needed for 
those efforts, the President may transfer the excess materials, 
supplies, or equipment, by sale, at a price that is fair and 
equitable, directly to a State, local government, or relief or 
disaster assistance organization for the purpose of--
          (1) assisting disaster 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--
                  (A) the Governor of the affected State 
                certifies that--
                          (i) there is an urgent need for the 
                        materials, supplies, or equipment; and
                          (ii) the State is unable to provide 
                        the materials, supplies, or equipment 
                        in a timely manner; and
                  (B) the President determines that the 
                materials, supplies, or equipment is not 
                readily available from commercial sources, 
                except that this subparagraph shall not apply 
                in the case of a transfer of perishable 
                supplies.
  (b) Deposit of Proceeds.--Notwithstanding any other provision 
of law, any proceeds received under subsection (a) shall be 
deposited in the appropriate Disaster Relief Fund account.
  (c) Hazard Defined.--In this section, the term ``hazard'' has 
the meaning given that term by section 602.

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

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency.
          (3) Hazard.--The term ``hazard'' has the meaning 
        given that term by section 602.
          (4) Non-employee system member.--The term ``non-
        employee System member'' means a System member not 
        employed by a sponsoring agency or participating 
        agency.
          (5) Participating agency.--The term ``participating 
        agency'' means a State or local government, nonprofit 
        organization, or private organization that has executed 
        an agreement with a sponsoring agency to participate in 
        the System.
          (6) Sponsoring agency.--The term ``sponsoring 
        agency'' means a State or local government that is the 
        sponsor of a task force designated by the Administrator 
        to participate in the System.
          (7) System.--The term ``System'' means the National 
        Urban Search and Rescue Response System to be 
        administered under this section.
          (8) System member.--The term ``System member'' means 
        an individual who is not a full-time employee of the 
        Federal Government, who serves on a task force or on a 
        System management or other technical team.
          (9) Task force.--The term ``task force'' means an 
        urban search and rescue team designated by the 
        Administrator to participate in the System.
  (b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the 
emergency response system known as the National Urban Search 
and Rescue Response System.
  (c) Functions.--In administering the System, the 
Administrator shall provide for a national network of 
standardized search and rescue resources to assist States and 
local governments in responding to hazards.
  (d) Task Forces.--
          (1) Designation.--The Administrator shall designate 
        task forces to participate in the System. The 
        Administrator shall determine the criteria for such 
        participation.
          (2) Sponsoring agencies.--Each task force shall have 
        a sponsoring agency. The Administrator shall enter into 
        an agreement with the sponsoring agency of each task 
        force with respect to the participation of the task 
        force in the System.
          (3) Composition.--
                  (A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring 
                agency of the task force, one or more 
                participating agencies. The sponsoring agency 
                of a task force shall enter into an agreement 
                with each participating agency of the task 
                force with respect to the participation of the 
                participating agency on the task force.
                  (B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring 
                agency of the task force, other individuals not 
                otherwise associated with the sponsoring agency 
                or a participating agency of the task force. 
                The sponsoring agency of a task force may enter 
                into a separate agreement with each such 
                individual with respect to the participation of 
                the individual on the task force.
  (e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the 
System.
  (f) Appointment of System Members Into Federal Service.--
          (1) In general.--The Administrator may appoint a 
        System member into Federal service for a period of 
        service to provide for the participation of the System 
        member in exercises, preincident staging, major 
        disaster and emergency response activities, and 
        training events sponsored or sanctioned by the 
        Administrator.
          (2) Nonapplicability of certain civil service laws.--
        The Administrator may make appointments under paragraph 
        (1) without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service.
          (3) Relationship to other authorities.--The authority 
        of the Administrator to make appointments under this 
        subsection shall not affect any other authority of the 
        Administrator under this Act.
          (4) Limitation.--A System member who is appointed 
        into Federal service under paragraph (1) shall not be 
        deemed an employee of the United States for purposes 
        other than those specifically set forth in this 
        section.
  (g) Compensation.--
          (1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by 
        regulation, the Administrator shall make payments to 
        the sponsoring agency of a task force--
                  (A) to reimburse each employer of a System 
                member on the task force for compensation paid 
                by the employer to the System member for any 
                period during which the System member is 
                appointed into Federal service under subsection 
                (f)(1); and
                  (B) to make payments directly to a non-
                employee System member on the task force for 
                any period during which the non-employee System 
                member is appointed into Federal service under 
                subsection (f)(1).
          (2) Reimbursement for employees filling positions of 
        system members.--
                  (A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make 
                payments to the sponsoring agency of a task 
                force to reimburse each employer of a System 
                member on the task force for compensation paid 
                by the employer to an employee filling a 
                position normally filled by the System member 
                for any period during which the System member 
                is appointed into Federal service under 
                subsection (f)(1).
                  (B) Limitation.--Costs incurred by an 
                employer shall be eligible for reimbursement 
                under subparagraph (A) only to the extent that 
                the costs are in excess of the costs that would 
                have been incurred by the employer had the 
                System member not been appointed into Federal 
                service under subsection (f)(1).
          (3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period 
        during which the System member is appointed into 
        Federal service under subsection (f)(1).
  (h) Personal Injury, Illness, Disability, or Death.--
          (1) In general.--A System member who is appointed 
        into Federal service under subsection (f)(1) and who 
        suffers personal injury, illness, disability, or death 
        as a result of a personal injury sustained while acting 
        in the scope of such appointment shall, for the 
        purposes of subchapter I of chapter 81 of title 5, 
        United States Code, be treated as though the member 
        were an employee (as defined by section 8101 of that 
        title) who had sustained the injury in the performance 
        of duty.
          (2) Election of benefits.--
                  (A) In general.--If a System member (or, in 
                the case of the death of the System member, the 
                System member's dependent) is entitled--
                          (i) under paragraph (1) to receive 
                        benefits under subchapter I of chapter 
                        81 of title 5, United States Code, by 
                        reason of personal injury, illness, 
                        disability, or death, and
                          (ii) to receive benefits from a State 
                        or local government by reason of the 
                        same personal injury, illness, 
                        disability, or death,
                the System member or dependent shall elect to 
                receive either the benefits referred to in 
                clause (i) or (ii).
                  (B) Deadline.--A System member or dependent 
                shall make an election of benefits under 
                subparagraph (A) not later than one year after 
                the date of the personal injury, illness, 
                disability, or death that is the reason for the 
                benefits or until such later date as the 
                Secretary of Labor may allow for reasonable 
                cause shown.
                  (C) Effect of election.--An election of 
                benefits made under this paragraph is 
                irrevocable unless otherwise provided by law.
          (3) Reimbursement for state or local benefits.--
        Subject to such terms and conditions as the 
        Administrator may impose by regulation, in the event 
        that a System member or dependent elects benefits from 
        a State or local government under paragraph (2)(A), the 
        Administrator shall reimburse the State or local 
        government for the value of those benefits.
  (i) Liability.--A System member appointed into Federal 
service under subsection (f)(1), while acting within the scope 
of the appointment, is deemed an employee of the Government 
under section 1346(b) of title 28, United States Code, and 
chapter 171 of that title, relating to tort claims procedure.
  (j) Employment and Reemployment Rights.--With respect to a 
System member who is not a regular full-time employee of a 
sponsoring agency or participating agency, the following terms 
and conditions apply:
          (1) Service as a System member shall be deemed 
        ``service in the uniformed services'' for purposes of 
        chapter 43 of title 38, United States Code, relating to 
        employment and reemployment rights of individuals who 
        have performed service in the uniformed services 
        (regardless of whether the individual receives 
        compensation for such participation). All rights and 
        obligations of such persons and procedures for 
        assistance, enforcement, and investigation shall be as 
        provided for in such chapter.
          (2) Preclusion of giving notice of service by 
        necessity of appointment under this section shall be 
        deemed preclusion by ``military necessity'' for 
        purposes of section 4312(b) of title 38, United States 
        Code, pertaining to giving notice of absence from a 
        position of employment. A determination of such 
        necessity shall be made by the Administrator and shall 
        not be subject to judicial review.
  (k) Licenses and Permits.--If a System member holds a valid 
license, certificate, or other permit issued by any State or 
other governmental jurisdiction evidencing the member's 
qualifications in any professional, mechanical, or other skill 
or type of assistance required by the System, the System member 
shall be deemed to be performing a Federal activity when 
rendering aid involving such skill or assistance during a 
period of appointment into Federal service under subsection 
(f)(1).
  (l) Advisory Committee.--
          (1) In general.--The Administrator shall establish 
        and maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist 
        the Administrator in administering the System.
          (2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, 
        and shall include--
                  (A) the chief officer or senior executive 
                from at least 3 sponsoring agencies;
                  (B) the senior emergency manager from at 
                least 2 States that include sponsoring 
                agencies; and
                  (C) at least one representative recommended 
                by the leaders of the task forces.
          (3) Inapplicability of termination requirement.--
        Section 14(a)(2) of the Federal Advisory Committee Act 
        (5 U.S.C. App.) shall not apply to the advisory 
        committee under this subsection.
  (m) Preparedness Cooperative Agreements.--
          (1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator 
        shall enter into an annual preparedness cooperative 
        agreement with each sponsoring agency. Amounts made 
        available to a sponsoring agency under such a 
        preparedness cooperative agreement shall be for the 
        following purposes:
                  (A) Training and exercises, including 
                training and exercises with other Federal, 
                State, and local government response entities.
                  (B) Acquisition and maintenance of equipment, 
                including interoperable communications and 
                personal protective equipment.
                  (C) Medical monitoring required for responder 
                safety and health in anticipation of and 
                following a major disaster, emergency, or other 
                hazard, as determined by the Administrator.
          (2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, 
        amounts made available for cooperative agreements under 
        this subsection that are not expended shall be 
        deposited in an Agency account and shall remain 
        available for such agreements without fiscal year 
        limitation.
  (n) Response Cooperative Agreements.--The Administrator shall 
enter into a response cooperative agreement with each 
sponsoring agency, as appropriate, under which the 
Administrator agrees to reimburse the sponsoring agency for 
costs incurred by the sponsoring agency in responding to a 
major disaster or emergency.
  (o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
  (p) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $52,000,000 for 
        each of fiscal years 2010, 2011, and 2012. Such sums 
        shall be in addition to amounts made available from the 
        Disaster Relief Fund for response cooperative 
        agreements entered into under subsection (n).
          (2) Administrative expenses.--The Administrator may 
        use not to exceed 6 percent of the funds appropriated 
        for a fiscal year pursuant to paragraph (1) for 
        salaries, expenses, and other administrative costs 
        incurred by the Administrator in carrying out this 
        section.

SEC. 329. DISASTER RELIEF FUND.

  (a) In General.--There is in the Treasury a fund known as the 
Disaster Relief Fund.
  (b) Deposits and Credits.--The Fund shall consist of amounts 
appropriated and credited to the Fund pursuant to this Act.
  (c) Eligible Uses of Fund.--Amounts in the Fund shall be 
available to the President, as provided in advance in 
appropriations Acts--
          (1) to provide assistance in response to a major 
        disaster or emergency pursuant to titles IV and V; and
          (2) for programs and activities of the Federal 
        Emergency Management Agency that support the provision 
        of such assistance, including readiness and other 
        programs and activities that are not readily 
        attributable to a single major disaster or emergency.
  (d) Limitation.--Amounts made available from the Fund for 
programs and activities referred to in subsection (c)(2) may 
not exceed $350,000,000 in any fiscal year.
  (e) Annual Report.--On or before the date on which the 
President submits the budget of the United States to the 
Congress under section 1105 of title 31, United States Code, 
the President shall submit each year to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the uses of the 
Fund in the previous fiscal year.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Fund such sums as may be necessary.
  (g) Availability of Amounts.--Amounts in the Fund shall 
remain available until expended.

SEC. 330. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.

  (a) Establishment.--The President shall establish a Federal 
interagency disaster recovery task force (hereinafter referred 
to in this section as the ``task force'') to carry out the 
following:
          (1) Identify, maintain a catalogue of, and 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 at least annually a report describing the 
        Federal programs that may be used to assist in recovery 
        efforts after a major disaster or emergency and make 
        such report available to the public on the Internet.
          (2) Ensure ongoing communication between the Federal 
        departments and agencies determined by the President to 
        administer the Federal programs referred to in 
        paragraph (1) to enhance and expedite the recovery 
        efforts of the Federal Government with respect to a 
        major disaster or emergency.
  (b) Chairperson.--The Administrator of the Federal Emergency 
Management Agency shall serve as the chairperson of the task 
force.
  (c) Membership.--The task force shall include a 
representative of each Federal department and agency determined 
by the President to administer a program that may be used to 
assist in recovery efforts after a major disaster or emergency.
  (d) Meeting Frequency.--The task force shall meet at least 
once each year.

TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 403. ESSENTIAL ASSISTANCE.

  (a) In General.--Federal agencies may on the direction of the 
President, provide assistance essential to meeting immediate 
threats to life and property resulting from a major disaster, 
as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Work and services to save lives and protect 
        property.--Performing on public or private lands or 
        waters any work or services essential to saving lives 
        and protecting and preserving property or public health 
        and safety, including--
                  (A) * * *
                  (B) search and rescue, emergency medical 
                care, emergency mass care, emergency shelter, 
                and provision of food, water, medicinedurable 
                [medical equipment,,] medical equipment, and 
                other essential needs, including movement of 
                supplies or persons;

           *       *       *       *       *       *       *

                  [(J) provision of rescue, care, shelter, and 
                essential needs--
                          [(i) to individuals with household 
                        pets and service animals; and
                          [(ii) to such pets and animals.]

           *       *       *       *       *       *       *


SEC. 404. HAZARD MITIGATION.

  (a) * 
  (b) Property Acquisition and Relocation Assistance.--
          (1) General authority.--In providing hazard 
        mitigation assistance under this section in connection 
        with flooding, the [Director] Administrator of the 
        Federal Emergency Management Agency may provide 
        property acquisition and relocation assistance for 
        projects that meet the requirements of paragraph (2).
          (2) Terms and conditions.--An acquisition or 
        relocation project shall be eligible to receive 
        assistance pursuant to paragraph (1) only if--
                  (A) * * *
                  (B) on or after the date of enactment of this 
                subsection, the applicant for the assistance 
                enters into an agreement with the [Director] 
                Administrator that provides assurances that--
                          (i) * * *
                          (ii) no new structure will be erected 
                        on property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program other 
                        than--
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (III) a structure that the 
                                [Director] Administrator 
                                approves in writing before the 
                                commencement of the 
                                construction of the structure; 
                                and

           *       *       *       *       *       *       *

  (d) Additional Mitigation Assistance.--
          (1) In general.--If, as of the date of the 
        declaration of a major disaster, the Governor of the 
        affected State has submitted to the President a 
        certification under paragraph (2), and the State is in 
        compliance with updating procedures established under 
        paragraph (3), the President may increase the maximum 
        total of contributions under this section for the major 
        disaster, as specified in subsection (a) and section 
        322(e), by an amount equal to 4 percent of the 
        estimated aggregate amount of grants to be made (less 
        any associated administrative costs) under this Act 
        with respect to the major disaster.
          (2) Submission of certification.--To be eligible for 
        increased contributions under paragraph (1), a State 
        shall submit to the President, subject to the approval 
        of the President, a certification that the State's 
        building code--
                  (A) is consistent with the most recent 
                version of a nationally recognized model 
                building code;
                  (B) has been adopted by the State within 6 
                years of the most recent version of the 
                nationally recognized model building code;
                  (C) uses the nationally recognized model 
                building code as a minimum standard; and
                  (D) is being actively enforced by the State.
          (3) Periodic updates.--
                  (A) In general.--A Governor of a State that 
                has submitted a certification under paragraph 
                (2) shall update the State's building code and 
                resubmit a certification under paragraph (2) at 
                least once every 6 years.
                  (B) Deadlines.--The President shall issue 
                regulations establishing procedures for State 
                compliance with the requirements of 
                subparagraph (A). The procedures shall be 
                consistent with requirements related to 
                mitigation planning under section 322.
          (4) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Actively enforce.--The term ``actively 
                enforce'' means jurisdictional execution of all 
                phases of a State building code in the process 
                of examination and approval of construction 
                plans, specifications, and technical data and 
                the inspection of new construction or 
                renovation with respect to natural hazards.
                  (B) Nationally recognized model building 
                code.--The term ``nationally recognized model 
                building code'' means a building code for 
                residential and commercial construction and 
                construction materials that--
                          (i) has been developed and published 
                        by a code organization in an open 
                        consensus type forum with input from 
                        national experts; and
                          (ii) is based on national structural 
                        design standards that establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of 
                        residential and commercial buildings 
                        for the purpose of protecting the 
                        health, safety, and general welfare of 
                        the building's users against natural 
                        disasters.
                  (C) State building code.--The term ``State 
                building code'' means requirements and 
                associated standards for residential and 
                commercial construction and construction 
                materials that are implemented on a statewide 
                basis by ordinance, resolution, law, housing or 
                building code, or zoning ordinance. At a 
                minimum, such requirements and associated 
                standards shall apply--
                          (i) to construction-related 
                        activities of residential building 
                        contractors applicable to single-family 
                        and 2-family residential structures; 
                        and
                          (ii) to construction-related 
                        activities of engineers, architects, 
                        designers, and commercial building 
                        contractors applicable to the 
                        structural safety, design, and 
                        construction of commercial, industrial, 
                        and multifamily structures.
          (5) Regulations.--The President, acting through the 
        Administrator of the Federal Emergency Management 
        Agency, shall issue such regulations as may be 
        necessary to carry out this subsection.

           *       *       *       *       *       *       *


SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

  (a) Contributions.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Notification to congress.--Before making any 
        contribution under this section in an amount greater 
        than [$20,000,000] $5,000,000, the President shall 
        notify--
                  (A) * * *

           *       *       *       *       *       *       *

          (5) Contribution status reports.--Not less frequently 
        than every 180 days, 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 on the status of applications, 
        obligations, and contributions under this section with 
        respect to each major disaster for which, on the date 
        of the transmission of such report, a contribution is 
        eligible to be requested or made under this section.

           *       *       *       *       *       *       *

  (c) Large In-Lieu Contributions.--
          (1) For public facilities.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Limitations.--Funds made available to a 
                State or local government under this paragraph 
                may not be used for--
                          (i) * * *
                          (ii) any uninsured public facility 
                        located in a special flood hazard area 
                        identified by the [Director] 
                        Administrator of the Federal Emergency 
                        Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 
                        4001 et seq.).
          (2) For private nonprofit facilities.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Limitations.--Funds made available to a 
                person under this paragraph may not be used 
                for--
                          (i) * * *
                          (ii) any uninsured private nonprofit 
                        facility located in a special flood 
                        hazard area identified by the 
                        [Director] Administrator of the Federal 
                        Emergency Management Agency under the 
                        National Flood Insurance Act of 1968 
                        (42 U.S.C. 4001 et seq.).
  (d) Flood Insurance.--
          (1) Reduction of federal assistance.--If a public 
        facility or private nonprofit facility located in a 
        special flood hazard area identified for more than 1 
        year by the [Director] Administrator pursuant to the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
        seq.) is damaged or destroyed, after the 180th day 
        following the date of the enactment of the Disaster 
        Relief and Emergency Assistance Amendments of 1988, by 
        flooding in a major disaster and such facility is not 
        covered on the date of such flooding by flood 
        insurance, the Federal assistance which would otherwise 
        be available under this section with respect to repair, 
        restoration, reconstruction, and replacement of such 
        facility and associated expenses shall be reduced in 
        accordance with paragraph (2).

           *       *       *       *       *       *       *

  (e) Eligible Cost.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Expert panel.--
                  (A) Establishment.--Not later than 18 months 
                after the date of the enactment of this 
                paragraph, the President, acting through the 
                [Director] Administrator of the Federal 
                Emergency Management Agency, shall establish an 
                expert panel, which shall include 
                representatives from the construction industry 
                and State and local government.

           *       *       *       *       *       *       *

  (f) Special Procedures for Widespread Damage.--
          (1) In general.--If, at the request of the Governor 
        of a State, the President makes a determination that a 
        major disaster has caused extensive and widespread 
        damage and destruction in the State and that utilizing 
        special procedures to expedite the repair, restoration, 
        reconstruction, or replacement of eligible facilities 
        under this section is in the public interest, the 
        President may provide assistance under this section in 
        connection with the major disaster utilizing the 
        special procedures.
          (2) Conditions for assistance.--
                  (A) In general.--In providing assistance 
                under the special procedures authorized by this 
                subsection, the President may provide such 
                assistance subject to any limitations or other 
                conditions the President establishes by 
                regulation.
                  (B) Facility recovery spending plan.--To be 
                eligible for assistance under the special 
                procedures authorized by this subsection, a 
                State shall submit to the President a facility 
                recovery spending plan. Receipt of assistance 
                under the special procedures shall be 
                conditioned on a determination by the President 
                that the plan is consistent with the 
                requirements under this section.
          (3) Planning assistance.--
                  (A) In general.--Not later than 10 days after 
                the date the President makes an affirmative 
                determination, at the request of a State, under 
                paragraph (1) (or at a later date if requested 
                by the Governor of the State), the President 
                shall provide the State with assistance to 
                develop a plan under paragraph (2)(B).
                  (B) Types of assistance.--
                          (i) Financial assistance.--The 
                        President may provide financial 
                        assistance to a State to assist the 
                        development of a plan under paragraph 
                        (2)(B).
                          (ii) Technical assistance.--The 
                        President may provide, as appropriate, 
                        technical assistance to a State to 
                        assist the development of a plan under 
                        paragraph (2)(B).
                          (iii) Emergency management assistance 
                        compact.--Assistance to develop a plan 
                        under paragraph (2)(B) may include 
                        assistance through the Emergency 
                        Management Assistance Compact described 
                        in section 617.
          (4) Large in-lieu contributions.--In providing 
        assistance under the special procedures authorized by 
        this subsection, notwithstanding the percentages 
        specified in subsections (c)(1)(A) and (c)(2)(A), the 
        President may make a contribution to a State or local 
        government or person that owns or operates a private 
        nonprofit facility for the purposes described in such 
        subsections in an amount up to 100 percent of the 
        Federal share of the Federal estimate of the cost of 
        repairing, restoring, reconstructing, or replacing a 
        facility if the President determines a contribution in 
        that amount is in the public interest.

                             DEBRIS REMOVAL

  Sec. 407. (a) * * *

           *       *       *       *       *       *       *

  (d) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of debris and wreckage removal carried out under this 
section. The Federal share shall be increased by 5 percent for 
States and local governments that (1) have a debris management 
plan approved by the Administrator of the Federal Emergency 
Management Agency; and (2) have prequalified 2 or more debris 
and wreckage removal contractors before the date of declaration 
of the major disaster. To qualify for the increased Federal 
share under the preceding sentence, a debris management plan 
shall be resubmitted to the Administrator for approval every 4 
years.

           *       *       *       *       *       *       *


SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Types of Housing Assistance.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Temporary mortgage and rental payments.--The 
        President may provide assistance on a temporary basis 
        in the form of mortgage or rental payments to or on 
        behalf of individuals and families who, as a result of 
        financial hardship caused by a major disaster, are at 
        imminent risk of dispossession or eviction from a 
        residence by reason of foreclosure of any mortgage or 
        lien, cancellation of any contract for sale, or 
        termination of any lease, entered into prior to such 
        disaster. Such assistance shall be provided for the 
        duration of the period of financial hardship, but not 
        to exceed 18 months of assistance or the maximum amount 
        of assistance that is authorized to be provided 
        pursuant to subsection (h).
  (d) Terms and Conditions Relating to Housing Assistance.--
          (1) * * *
          (2) Disposal of units.--
                  (A) * * *
                  (B) Other methods of disposal.--If not 
                disposed of under subparagraph (A), a temporary 
                housing unit purchased under this section by 
                the President for the purpose of housing 
                disaster victims--
                          (i) may be sold to any person; [or]
                          (ii) may be sold, transferred, 
                        donated, or otherwise made available 
                        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 major disasters and 
                        emergencies if, as a condition of the 
                        sale, transfer, or donation, the State, 
                        other governmental agency, or voluntary 
                        organization agrees--
                                  (I) * * *
                                  (II) to obtain and maintain 
                                hazard and flood insurance on 
                                the housing unit[.]; or
                          (iii) may be sold 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, 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 in 
                                the housing units.

           *       *       *       *       *       *       *

  

                       [EMERGENCY COMMUNICATIONS

  [Sec. 418. The President]

SEC. 418. EMERGENCY COMMUNICATIONS.

  (a) In General.--The President is authorized during, or in 
anticipation of, an emergency or major disaster to provide 
assistance, including financial assistance, equipment, 
supplies, and personnel, in order to establish temporary 
communications systems and to make such communications 
available to State and local government officials and other 
persons as he deems appropriate.
  (b) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of such assistance.

                    [EMERGENCY PUBLIC TRANSPORTATION

  [Sec. 419. The President]

SEC. 419. EMERGENCY PUBLIC TRANSPORTATION.

  (a) In General.--The President is authorized to provide 
assistance to a State or local government, including financial 
assistance, equipment, supplies, and personnel, in order to 
provide temporary public transportation service in an area 
affected by [a major] an emergency or major disaster to meet 
emergency needs and to provide transportation to governmental 
offices, supply centers, stores, post offices, schools, major 
employment centers, and such other places as may be necessary 
in order to enable the community to resume its normal pattern 
of life as soon as possible.
  (b) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of such assistance.

           *       *       *       *       *       *       *


SEC. 423. APPEALS OF ASSISTANCE DECISIONS.

  (a) * * *
  [(b) Period for Decision.--A decision regarding an appeal 
under subsection (a) shall be rendered within 90 days after the 
date on which the Federal official designated to administer 
such appeals receives notice of such appeal.]
  (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 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. 426. CASE MANAGEMENT SERVICES.

  The President may provide case management services, including 
financial assistance, to State or local government agencies or 
[qualified private organizations] qualified relief or disaster 
assistance organizations to provide such [services, to victims] 
services to survivors of major disasters to identify and 
address unmet needs.

SEC. [425.] 427. ESSENTIAL SERVICE PROVIDERS.

  (a) * * *

           *       *       *       *       *       *       *


                 TITLE V--EMERGENCY ASSISTANCE PROGRAMS

SEC. 502. FEDERAL EMERGENCY ASSISTANCE.

  (a) Specified.--In any emergency, the President may--
          (1) * * *

           *       *       *       *       *       *       *

          (7) assist State and local governments in the 
        distribution of medicine, food, and other consumable 
        supplies, and emergency assistance; [and]
          (8) provide accelerated Federal assistance and 
        Federal support where necessary to save lives, prevent 
        human suffering, or mitigate severe damage, which may 
        be provided in the absence of a specific request and in 
        which case the President--
                  (A) * * *
                  (B) shall not, in notifying and coordinating 
                with a State under subparagraph (A), delay or 
                impede the rapid deployment, use, and 
                distribution of critical resources to victims 
                of an emergency[.]; and
          (9) provide assistance for rescue, care, shelter, and 
        essential needs--
                  (A) to individuals with household pets and 
                service animals; and
                  (B) to such pets and animals.

           *       *       *       *       *       *       *


TITLE VI--EMERGENCY PREPAREDNESS

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

  (a) Definitions.--For purposes of this title only:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Organizational equipment.--The term 
        ``organizational equipment'' means equipment determined 
        by the [Director] Administrator to be necessary to an 
        emergency preparedness organization, as distinguished 
        from personal equipment, and of such a type or nature 
        as to require it to be financed in whole or in part by 
        the Federal Government. Such term does not include 
        those items which the local community normally uses in 
        combating local disasters, except when required in 
        unusual quantities dictated by the requirements of the 
        emergency preparedness plans.

           *       *       *       *       *       *       *

          [(7) Director.--The term `` Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency.]
          (7) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.

           *       *       *       *       *       *       *


SEC. 603. ADMINISTRATION OF TITLE.

  This title shall be carried out by the [Director] 
Administrator of the Federal Emergency Management Agency.

                     Subtitle A--Powers and Duties

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

  (a) In General.--In order to carry out the policy described 
in section 601, the [Director] Administrator shall have the 
authorities provided in this section.
  (b) Federal Emergency Response Plans and Programs.--The 
[Director] Administrator may prepare Federal response plans and 
programs for the emergency preparedness of the United States 
and sponsor and direct such plans and programs. To prepare such 
plans and programs and coordinate such plans and programs with 
State efforts, the [Director] Administrator may request such 
reports on State plans and operations for emergency 
preparedness as may be necessary to keep the President, 
Congress, and the States advised of the status of emergency 
preparedness in the United States.
  (c) Delegation of Emergency Preparedness Responsibilities.--
With the approval of the President, the [Director] 
Administrator may delegate to other departments and agencies of 
the Federal Government appropriate emergency preparedness 
responsibilities and review and coordinate the emergency 
preparedness activities of the departments and agencies with 
each other and with the activities of the States and 
neighboring countries.
  (d) Communications and Warnings.--The [Director] 
Administrator may make appropriate provision for necessary 
emergency preparedness communications and for dissemination of 
warnings to the civilian population of a hazard.
  (e) Emergency Preparedness Measures.--The [Director] 
Administrator may study and develop emergency preparedness 
measures designed to afford adequate protection of life and 
property, including--
          (1) * * *

           *       *       *       *       *       *       *

  (f) Training Programs.--(1) The [Director] Administrator 
may--
          (A) * * *
          (B) conduct or operate schools or including the 
        payment of travel expenses, in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code, and the Standardized Government Travel 
        Regulations, and per diem allowances, in lieu of 
        subsistence for trainees in attendance or the 
        furnishing of subsistence and quarters for trainees and 
        instructors on terms prescribed by the [Director] 
        Administrator; and

           *       *       *       *       *       *       *

  (2) The terms prescribed by the [Director] Administrator for 
the payment of travel expenses and per diem allowances 
authorized by this subsection shall include a provision that 
such payment shall not exceed one-half of the total cost of 
such expenses.
  (3) The [Director] Administrator may lease real property 
required for the purpose of carrying out this subsection, but 
may not acquire fee title to property unless specifically 
authorized by law.
  (g) Public Dissemination of Emergency Preparedness 
Information.--The [Director] Administrator may publicly 
disseminate appropriate emergency preparedness information by 
all appropriate means.
  (h) Emergency Preparedness Compacts.--(1) The [Director] 
Administrator shall establish a program supporting the 
development of emergency preparedness compacts for acts of 
terrorism, disasters, and emergencies throughout the Nation, 
by--
          (A) * * *

           *       *       *       *       *       *       *

  (2) The [Director] Administrator may--
          (A) * * *

           *       *       *       *       *       *       *

  (i) Materials and Facilities.--(1) The [Director] 
Administrator may procure by condemnation or otherwise, 
construct, lease, transport, store, maintain, renovate or 
distribute materials and facilities for emergency preparedness, 
with the right to take immediate possession thereof.

           *       *       *       *       *       *       *

  (3) The [Director] Administrator may lease real property 
required for the purpose of carrying out the provisions of this 
subsection, but shall not acquire fee title to property unless 
specifically authorized by law.
  (4) The [Director] Administrator may procure and maintain 
under this subsection radiological, chemical, bacteriological, 
and biological agent monitoring and decontamination devices and 
distribute such devices by loan or grant to the States for 
emergency preparedness purposes, under such terms and 
conditions as the [Director] Administrator shall prescribe.
  (j) Financial Contributions.--(1) The [Director] 
Administrator may make financial contributions, on the basis of 
programs or projects approved by the [Director] Administrator, 
to the States for emergency preparedness purposes, including 
the procurement, construction, leasing, or renovating of 
materials and facilities. Such contributions shall be made on 
such terms or conditions as the [Director] Administrator shall 
prescribe, including the method of purchase, the quantity, 
quality, or specifications of the materials or facilities, and 
such other factors or care or treatment to assure the 
uniformity, availability, and good condition of such materials 
or facilities.
  (2) The [Director] Administrator may make financial 
contributions, on the basis of programs or projects approved by 
the [Director] Administrator, to the States and local 
authorities for animal emergency preparedness purposes, 
including the procurement, construction, leasing, or renovating 
of emergency shelter facilities and materials that will 
accommodate people with pets and service animals.

           *       *       *       *       *       *       *

  (4) The amounts authorized to be contributed by the 
[Director] Administrator to each State for organizational 
equipment shall be equally matched by such State from any 
source it determines is consistent with its laws.
  (5) Financial contributions to the States for shelters and 
other protective facilities shall be determined by taking the 
amount of funds appropriated or available to the [Director] 
Administrator for such facilities in each fiscal year and 
apportioning such funds among the States in the ratio which the 
urban population of the critical target areas (as determined by 
the [Director] Administrator) in each State, at the time of the 
determination, bears to the total urban population of the 
critical target areas of all of the States.
  (6) The amounts authorized to be contributed by the 
[Director] Administrator to each State for such shelters and 
protective facilities shall be equally matched by such State 
from any source it determines is consistent with its laws and, 
if not matched within a reasonable time, the [Director] 
Administrator may reallocate such amounts to other States under 
the formula described in paragraph (4). The value of any land 
contributed by any State or political subdivision thereof shall 
be excluded from the computation of the State share under this 
subsection.
  (7) The amounts paid to any State under this subsection shall 
be expended solely in carrying out the purposes set forth 
herein and in accordance with State emergency preparedness 
programs or projects approved by the [Director] Administrator. 
The [Director] Administrator shall make no contribution toward 
the cost of any program or project for the procurement, 
construction, or leasing of any facility which (A) is intended 
for use, in whole or in part, for any purpose other than 
emergency preparedness, and (B) is of such kind that upon 
completion it will, in the judgment of the [Director] 
Administrator, be capable of producing sufficient revenue to 
provide reasonable assurance of the retirement or repayment of 
such cost; except that (subject to the preceding provisions of 
this subsection) the [Director] Administrator may make a 
contribution to any State toward that portion of the cost of 
the construction, reconstruction, or enlargement of any 
facility which the [Director] Administrator determines to be 
directly attributable to the incorporation in such facility of 
any feature of construction or design not necessary for the 
principal intended purpose thereof but which is, in the 
judgment of the [Director] Administrator necessary for the use 
of such facility for emergency preparedness purposes.
  (8) The [Director] Administrator shall submit to Congress a 
report, at least annually, regarding all contributions made 
pursuant to this subsection.
  (9) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed 
with the assistance of any contribution of Federal funds made 
by the [Director] Administrator under this subsection shall be 
paid wages at rates not less than those prevailing on similar 
construction in the locality as determined by the Secretary of 
Labor in accordance with the Act of March 3, 1931 (commonly 
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and 
every such employee shall receive compensation at a rate not 
less than one and \1/2\ times the basic rate of pay of the 
employee for all hours worked in any workweek in excess of 
eight hours in any workday or 40 hours in the workweek, as the 
case may be. The [Director] Administrator shall make no 
contribution of Federal funds without first obtaining adequate 
assurance that these labor standards will be maintained upon 
the construction work. The Secretary of Labor shall have, with 
respect to the labor standards specified in this subsection, 
the authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of 
June 13, 1934 (40 U.S.C. 276(c)).
  (k) Sale or Disposal of Certain Materials and Facilities.--
The [Director] Administrator may arrange for the sale or 
disposal of materials and facilities found by the [Director] 
Administrator to be unnecessary or unsuitable for emergency 
preparedness purposes in the same manner as provided for excess 
property under the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.). Any funds received as 
proceeds from the sale or other disposition of such materials 
and facilities shall be deposited into the Treasury as 
miscellaneous receipts.

SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.

  The [Director] Administrator shall give all practicable 
assistance to States in arranging, through the Department of 
State, mutual emergency preparedness aid between the States and 
neighboring countries.

SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

  (a) General Authority.--To further assist in carrying out the 
purposes of this title, the [Director] Administrator may make 
financial contributions to the States (including interstate 
emergency preparedness authorities established pursuant to 
section 611(h)) for necessary and essential State and local 
emergency preparedness personnel and administrative expenses, 
on the basis of approved plans (which shall be consistent with 
the Federal emergency response plans for emergency 
preparedness) for the emergency preparedness of the States. The 
financial contributions to the States under this section may 
not exceed one-half of the total cost of such necessary and 
essential State and local emergency preparedness personnel and 
administrative expenses.
  (b) Plan Requirements.--A plan submitted under this section 
shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) provide for the development of State and local 
        emergency preparedness operational plans, including a 
        catastrophic incident annex, pursuant to standards 
        approved by the [Director] Administrator;

           *       *       *       *       *       *       *

          (5) provide that the State shall make such reports in 
        such form and content as the [Director] Administrator 
        may require;
          (6) make available to duly authorized representatives 
        of the [Director] Administrator and the Comptroller 
        General, books, records, and papers necessary to 
        conduct audits for the purposes of this section; and

           *       *       *       *       *       *       *

  (d) Terms and Conditions.--The [Director] Administrator shall 
establish such other terms and conditions as the [Director] 
Administrator considers necessary and proper to carry out this 
section.

           *       *       *       *       *       *       *

  (f) Allocation of Funds.--For each fiscal year concerned, the 
[Director] Administrator shall allocate to each State, in 
accordance with regulations and the total sum appropriated 
under this title, amounts to be made available to the States 
for the purposes of this section. Regulations governing 
allocations to the States under this subsection shall give due 
regard to (1) the criticality of the areas which may be 
affected by hazards with respect to the development of the 
total emergency preparedness readiness of the United States, 
(2) the relative state of development of emergency preparedness 
readiness of the State, (3) population, and (4) such other 
factors as the [Director] Administrator shall prescribe. The 
[Director] Administrator may reallocate the excess of any 
allocation not used by a State in a plan submitted under this 
section. Amounts paid to any State or political subdivision 
under this section shall be expended solely for the purposes 
set forth in this section.
  (g) Standards for State and Local Emergency Preparedness 
Operational Plans.--In approving standards for State and local 
emergency preparedness operational plans pursuant to subsection 
(b)(3), the [Director] Administrator shall ensure that such 
plans take into account the needs of individuals with household 
pets and service animals prior to, during, and following a 
major disaster or emergency.
  (h) Submission of Plan.--If a State fails to submit a plan 
for approval as required by this section within 60 days after 
the [Director] Administrator notifies the States of the 
allocations under this section, the [Director] Administrator 
may reallocate such funds, or portions thereof, among the other 
States in such amounts as, in the judgment of the [Director] 
Administrator, will best assure the adequate development of the 
emergency preparedness capability of the United States.
  (h) Annual Reports.--The [Director] Administrator shall 
report annually to the Congress all contributions made pursuant 
to this section.

           *       *       *       *       *       *       *


SEC. 616. DISASTER RELATED INFORMATION SERVICES.

  (a) In General.--Consistent with section 308(a), the 
[Director] Administrator of Federal Emergency Management Agency 
shall--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Group Size.--For purposes of subsection (a), the 
[Director] Administrator of Federal Emergency Management Agency 
shall define the size of a population group.

SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  (a) In General.--The Administrator may make grants to provide 
for implementation of the Emergency Management Assistance 
Compact consented to by Congress in the joint resolution 
entitled ``Joint resolution granting the consent of Congress to 
the Emergency Management Assistance Compact'' (Public Law 104-
321; 110 Stat. 3877).
  (b) Eligible Grant Recipients.--States and the Administrator 
of the Emergency Management Assistance Compact shall be 
eligible to receive grants under subsection (a).
  (c) Use of Funds.--A grant received under this section shall 
be used--
          (1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action 
        reports for the 2004 and 2005 hurricane seasons;
          (2) to administer compact operations on behalf of 
        States, as such term is defined in the compact, that 
        have enacted the compact;
          (3) to continue coordination with the Agency and 
        appropriate Federal agencies;
          (4) to continue coordination with States and local 
        governments and their respective national 
        organizations; and
          (5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing the providers and the 
        typing of emergency response resources.
  (d) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to 
ensure effective coordination of efforts in responding to 
requests for assistance.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $4,000,000 for each 
of fiscal years 2010, 2011, and 2012. Such sums shall remain 
available until expended.

                     Subtitle B--General Provisions

SEC. 621. ADMINISTRATIVE AUTHORITY.

  (a) In General.--For the purpose of carrying out the powers 
and duties assigned to the [Director] Administrator under this 
title, the [Director] Administrator may exercise the 
administrative authorities provided under this section.
  (b) Advisory Personnel.--(1) The [Director] Administrator may 
employ not more than 100 part-time or temporary advisory 
personnel (including not to exceed 25 subjects of the United 
Kingdom or citizens of Canada) as the [Director] Administrator 
considers to be necessary in carrying out the provisions of 
this title.
  (2) Persons holding other offices or positions under the 
United States for which they receive compensation, while 
serving as advisory personnel, shall receive no additional 
compensation for such service. Other part-time or temporary 
advisory personnel so employed may serve without compensation 
or may receive compensation at a rate not to exceed $180 for 
each day of service, plus authorized subsistence and travel, as 
determined by the [Director] Administrator.
  (c) Services of Other Agency Personnel and Volunteers.--The 
[Director] Administrator may--
          (1) * * *

           *       *       *       *       *       *       *

  (d) Gifts.--Notwithstanding any other provision of law, the 
[Director] Administrator may accept gifts of supplies, 
equipment, and facilities and may use or distribute such gifts 
for emergency preparedness purposes in accordance with the 
provisions of this title.
  (e) Reimbursement.--The [Director] Administrator may 
reimburse any Federal agency for any of its expenditures or for 
compensation of its personnel and use or consumption of its 
materials and facilities under this title to the extent funds 
are available.
  (f) Printing.--The [Director] Administrator may purchase such 
printing, binding, and blank-book work from public, commercial, 
or private printing establishments or binderies as the 
[Director] Administrator considers necessary upon orders placed 
by the Public Printer or upon waivers issued in accordance with 
section 504 of title 44, United States Code.
  (g) Rules and Regulations.--The [Director] Administrator may 
prescribe such rules and regulations as may be necessary and 
proper to carry out any of the provisions of this title and 
perform any of the powers and duties provided by this title. 
The [Director] Administrator may perform any of the powers and 
duties provided by this title through or with the aid of such 
officials of the Federal Emergency Management Agency as the 
[Director] Administrator may designate.
  (h) Failure To Expend Contributions Correctly.--(1) When, 
after reasonable notice and opportunity for hearing to the 
State or other person involved, the [Director] Administrator 
finds that there is a failure to expend funds in accordance 
with the regulations, terms, and conditions established under 
this title for approved emergency preparedness plans, programs, 
or projects, the [Director] Administrator may notify such State 
or person that further payments will not be made to the State 
or person from appropriations under this title (or from funds 
otherwise available for the purposes of this title for any 
approved plan, program, or project with respect to which there 
is such failure to comply) until the [Director] Administrator 
is satisfied that there will no longer be any such failure.
  (2) Until so satisfied, the [Director] Administrator shall 
either withhold the payment of any financial contribution to 
such State or person or limit payments to those programs or 
projects with respect to which there is substantial compliance 
with the regulations, terms, and conditions governing plans, 
programs, or projects hereunder.

           *       *       *       *       *       *       *


SEC. 622. SECURITY REGULATIONS.

  (a) Establishment.--The [Director] Administrator shall 
establish such security requirements and safeguards, including 
restrictions with respect to access to information and property 
as the [Director] Administrator considers necessary.
  (b) Limitations on Employee Access to Information.--No 
employee of the Federal Emergency Management Agency shall be 
permitted to have access to information or property with 
respect to which access restrictions have been established 
under this section, until it shall have been determined that no 
information is contained in the files of the Federal Bureau of 
Investigation or any other investigative agency of the 
Government indicating that such employee is of questionable 
loyalty or reliability for security purposes, or if any such 
information is so disclosed, until the Federal Bureau of 
Investigation shall have conducted a full field investigation 
concerning such person and a report thereon shall have been 
evaluated in writing by the [Director] Administrator.
  (c) National Security Positions.--No employee of the Federal 
Emergency Management Agency shall occupy any position 
determined by the [Director] Administrator to be of critical 
importance from the standpoint of national security until a 
full field investigation concerning such employee shall have 
been conducted by the Director of the Office of Personnel 
Management and a report thereon shall have been evaluated in 
writing by the [Director] Administrator of the Federal 
Emergency Management Agency. In the event such full field 
investigation by the Director of the Office of Personnel 
Management develops any data reflecting that such applicant for 
a position of critical importance is of questionable loyalty or 
reliability for security purposes, or if the [Director] 
Administrator of the Federal Emergency Management Agency for 
any other reason considers it to be advisable, such 
investigation shall be discontinued and a report thereon shall 
be referred to the [Director] Administrator of the Federal 
Emergency Management Agency for evaluation in writing. 
Thereafter, the [Director] Administrator of the Federal 
Emergency Management Agency may refer the matter to the Federal 
Bureau of Investigation for the conduct of a full field 
investigation by such Bureau. The result of such latter 
investigation by such Bureau shall be furnished to the 
[Director] Administrator of the Federal Emergency Management 
Agency for action.
  (d) Employee Oaths.--Each Federal employee of the Federal 
Emergency Management Agency acting under the authority of this 
title, except the subjects of the United Kingdom and citizens 
of Canada specified in section 621(b), shall execute the 
loyalty oath or appointment affidavits prescribed by the 
[Director] Administrator of the Office of Personnel Management. 
Each person other than a Federal employee who is appointed to 
serve in a State or local organization for emergency 
preparedness shall before entering upon duties, take an oath in 
writing before a person authorized to administer oaths, which 
oath shall be substantially as follows: I, ----------, do 
solemnly swear (or affirm) that I will support and defend the 
Constitution of the United States against all enemies, foreign 
and domestic; that I will bear true faith and allegiance to the 
same; that I take this obligation freely, without any mental 
reservation or purpose of evasion; and that I will well and 
faithfully discharge the duties upon which I am about to enter. 
And I do further swear (or affirm) that I do not advocate, nor 
am I a member or an affiliate of any organization, group, or 
combination of persons that advocates the overthrow of the 
Government of the United States by force or violence; and that 
during such time as I am a member of ---------- (name of 
emergency preparedness organization), I will not advocate nor 
become a member or an affiliate of any organization, group, or 
combination of persons that advocates the overthrow of the 
Government of the United States by force or violence.'' After 
appointment and qualification for office, the director of 
emergency preparedness of any State, and any subordinate 
emergency preparedness officer within such State designated by 
the director in writing, shall be qualified to administer any 
such oath within such State under such regulations as the 
director shall prescribe. Any person who shall be found guilty 
of having falsely taken such oath shall be punished as provided 
in section 1621 of title 18, United States Code.

SEC. 623. USE OF EXISTING FACILITIES.

  In performing duties under this title, the [Director] 
Administrator--
          (1) * * *

           *       *       *       *       *       *       *

          (3) shall refrain from engaging in any form of 
        activity which would duplicate or parallel activity of 
        any other Federal department or agency unless the 
        [Director] Administrator, with the written approval of 
        the President, shall determine that such duplication is 
        necessary to accomplish the purposes of this title.

SEC. 624. ANNUAL REPORT TO CONGRESS.

  The [Director] Administrator shall annually submit a written 
report to the President and Congress covering expenditures, 
contributions, work, and accomplishments of the Federal 
Emergency Management Agency pursuant to this title, accompanied 
by such recommendations as the [Director] Administrator 
considers appropriate.

           *       *       *       *       *       *       *


SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM.

  (a) In General.--The [Director] Administrator shall establish 
a minority emergency preparedness demonstration program to 
research and promote the capacity of minority communities to 
provide data, information, and awareness education by providing 
grants to or executing contracts or cooperative agreements with 
eligible nonprofit organizations to establish and conduct such 
programs.

           *       *       *       *       *       *       *

  (e) Application and Review Procedure.--To be eligible to 
receive a grant, contract, or cooperative agreement under this 
section, an organization must submit an application to the 
[Director] Administrator at such time, in such manner, and 
accompanied by such information as the [Director] Administrator 
may reasonably require. The [Director] Administrator shall 
establish a procedure by which to accept such applications.

           *       *       *       *       *       *       *


                        TITLE VII--MISCELLANEOUS


             AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS

  Sec. 701. (a) * * *
  (b) In furtherance of the purposes of this Act, the President 
or his delegate may accept and use, through any means including 
grants, bequests, gifts, or donations of service, money, or 
property, real, personal, or mixed, tangible, or intangible. 
All sums received under this subsection shall be deposited in a 
separate fund on the books of the Treasury and shall be 
available for expenditure upon the certification of the 
President or his delegate. At the request of the President or 
his delegate, the Secretary of the Treasury may invest and 
reinvest excess monies in the fund. Such investments shall be 
in public debt securities with maturities suitable for the 
needs of the fund and shall bear interest at rates determined 
by the Secretary of the Treasury, taking into consideration 
current market yields on outstanding marketable obligations of 
the United States of comparable maturities. The interest on 
such investments shall be credited to, and form a part of, the 
fund.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *


               CHAPTER 81--COMPENSATION FOR WORK INJURIES


                        SUBCHAPTER I--GENERALLY


Sec. 8101. Definitions

  For the purpose of this subchapter--
          (1) ``employee'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) an individual employed by the government 
                of the District of Columbia; [and]

           *       *       *       *       *       *       *

                  (F) an individual selected pursuant to 
                chapter 121 of title 28, United States Code, 
                and serving as a petit or grand juror; and
                  (G) an individual who is a System member of 
                the National Urban Search and Rescue Response 
                System during a period of appointment into 
                Federal service pursuant to section 328 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act;

           *       *       *       *       *       *       *

                              ----------                              


TITLE 38, UNITED STATES CODE

           *       *       *       *       *       *       *



PART III--READJUSTMENT AND RELATED BENEFITS

           *       *       *       *       *       *       *


   CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *



Sec. 4303. Definitions

  For the purposes of this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (13) The term ``service in the uniformed services'' 
        means the performance of duty on a voluntary or 
        involuntary basis in a uniformed service under 
        competent authority and includes active duty, active 
        duty for training, initial active duty for training, 
        inactive duty training, full-time National Guard duty, 
        a period for which a person is absent from a position 
        of employment for the purpose of an examination to 
        determine the fitness of the person to perform any such 
        duty, a period for which a System member of the 
        National Urban Search and Rescue Response System is 
        absent from a position of employment due to an 
        appointment into Federal service under section 328 of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act, and a period for which a person is 
        absent from employment for the purpose of performing 
        funeral honors duty as authorized by section 12503 of 
        title 10 or section 115 of title 32.

           *       *       *       *       *       *       *

          (16) The term ``uniformed services'' means the Armed 
        Forces, the Army National Guard and the Air National 
        Guard when engaged in active duty for training, 
        inactive duty training, or full-time National Guard 
        duty, the commissioned corps of the Public Health 
        Service, System members of the National Urban Search 
        and Rescue Response System during a period of 
        appointment into Federal service under section 328 of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act, and any other category of persons 
        designated by the President in time of war or national 
        emergency.

           *       *       *       *       *       *       *

                              ----------                              


POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006

           *       *       *       *       *       *       *



TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


Subtitle C--Comprehensive Preparedness System

           *       *       *       *       *       *       *


                   CHAPTER 2--ADDITIONAL PREPAREDNESS


[SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  [(a) In General.--The Administrator may make grants to 
administer the Emergency Management Assistance Compact 
consented to by 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) Uses.--A grant 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 season;
          [(2) to administer compact operations on behalf of 
        all member States and territories;
          [(3) to continue coordination with the Agency and 
        appropriate Federal agencies;
          [(4) to continue coordination with State, local, and 
        tribal government entities and their respective 
        national organizations; and
          [(5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing emergency response 
        providers and the typing of emergency response 
        resources.
  [(c) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to 
ensure effective coordination of efforts in responding to 
requests for assistance.
  [(d) Authorization.--There is authorized to be appropriated 
to carry out this section $4,000,000 for fiscal year 2008. Such 
sums shall remain available until expended.]

           *       *       *       *       *       *       *


                                  
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