[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3377 Introduced in House (IH)]
111th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2009
Mr. Oberstar (for himself, Mr. Mica, Ms. Norton, and Mr. Mario Diaz-
Balart of Florida) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. Integrated public alert and warning system modernization.
Sec. 103. Health benefits for temporary employees.
Sec. 104. Disposal of excess property to assist other disaster victims.
Sec. 105. National Urban Search and Rescue Response System.
Sec. 106. 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. Household pets and service animals.
Sec. 205. Storage, sale, transfer, and disposal of housing units.
TITLE III--OTHER MATTERS
Sec. 301. Community preparedness.
Sec. 302. Emergency management assistance compact grants.
Sec. 303. Authority to accept and use gifts.
Sec. 304. Individual assistance factors.
Sec. 305. Technical corrections to references.
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. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) In General.--Section 202 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by
adding at the end the following:
``(e) Integrated Public Alert and Warning System Modernization.--
``(1) In general.--To provide timely and effective disaster
warnings under this section, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall--
``(A) modernize the integrated public alert and
warning system of the United States (in this section
referred to as the `public alert and warning system')
to ensure that the President under all conditions can
alert and warn governmental authorities and the
civilian population in areas endangered by disasters;
and
``(B) implement the public alert and warning
system.
``(2) Implementation requirements.--In carrying out
paragraph (1), the Administrator shall, consistent with the
recommendations in the final report of the Integrated Public
Alert and Warning System Advisory Committee--
``(A) establish or adopt, as appropriate, common
alerting and warning protocols, standards, terminology,
and operating procedures for the public alert and
warning system;
``(B) include in the public alert and warning
system the capability to adapt the distribution and
content of communications on the basis of geographic
location, risks, or personal user preferences, as
appropriate;
``(C) include in the public alert and warning
system the capability to alert and warn individuals
with disabilities and individuals with limited English
proficiency; and
``(D) ensure the conduct of training, tests, and
exercises for the public alert and warning system.
``(3) System requirements.--The public alert and warning
system shall--
``(A) incorporate multiple communications
technologies;
``(B) be designed to adapt to, and incorporate,
future technologies for communicating directly with the
public;
``(C) be designed to provide alerts to the largest
portion of the affected population feasible, including
nonresident visitors and tourists, and improve the
ability of remote areas to receive alerts;
``(D) promote local and regional public and private
partnerships to enhance community preparedness and
response; and
``(E) provide redundant alert mechanisms where
practicable so as to reach the greatest number of
people regardless of whether they have access to, or
utilize, any specific medium of communication or any
particular device.
``(4) Pilot programs.--
``(A) In general.--The Administrator may conduct
pilot programs for the purpose of demonstrating the
feasibility of using a variety of methods for achieving
the system requirements specified in paragraph (3).
``(B) Report.--Not later than 6 months after the
date of enactment of this subsection, and annually
thereafter for the duration of the pilot programs, 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
containing--
``(i) a description and assessment of the
effectiveness of the pilot programs;
``(ii) any recommendations of the
Administrator for additional authority to
continue the pilot programs or make any of the
programs permanent; and
``(iii) any other findings and conclusions
of the Administrator with respect to the pilot
programs.
``(5) Implementation plan.--Not later than 6 months after
the date of submission of the final report of the Integrated
Public Alert and Warning System Advisory Committee, 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 detailed plan for implementing this subsection. The
plan shall include a timeline for implementation, a spending
plan, and recommendations for any additional authority that may
be necessary to fully implement this subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $37,000,000 for
fiscal year 2010 and such sums as may be necessary for each
fiscal year thereafter.''.
(b) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall establish an advisory
committee to be known as the Integrated Public Alert and
Warning System Advisory Committee (in this subsection referred
to as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed
of the following members, to be appointed by the Administrator
as soon as practicable after the date of enactment of this Act:
(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
(B) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce (or the Administrator's designee).
(C) The Assistant Secretary for Communications and
Information of the Department of Commerce (or the
Assistant Secretary's designee).
(D) Representatives of State and local governments,
representatives of emergency management agencies, and
representatives of emergency response providers,
selected from among individuals nominated by national
organizations representing governments and personnel.
(E) Representatives from federally recognized
Indian tribes and national Indian organizations.
(F) Individuals who have the requisite technical
knowledge and expertise to serve on the Advisory
Committee, including representatives of--
(i) communications service providers;
(ii) vendors, developers, and manufacturers
of systems, facilities, equipment, and
capabilities for the provision of
communications services;
(iii) third-party service bureaus;
(iv) the broadcasting industry;
(v) the national organization representing
the licensees and permittees of noncommercial
broadcast television stations;
(vi) the cellular industry;
(vii) the cable industry;
(viii) the satellite industry; and
(ix) national organizations representing
individuals with special needs, including
individuals with disabilities and the elderly.
(G) Qualified representatives of such other
stakeholders and interested and affected parties as the
Administrator considers appropriate.
(3) Chairperson.--The Administrator (or the Administrator's
designee) shall serve as the Chairperson of the Advisory
Committee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 60
days after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the
Chairperson.
(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
(5) Rules.--
(A) Quorum.--One-third of the members of the
Advisory Committee shall constitute a quorum for
conducting business of the Advisory Committee.
(B) Subcommittees.--To assist the Advisory
Committee in carrying out its functions, the
Chairperson may establish appropriate subcommittees
composed of members of the Advisory Committee and other
subject matter experts as the Chairperson considers
necessary.
(C) Additional rules.--The Advisory Committee may
adopt such other rules as are necessary to carry out
its duties.
(6) Recommendations.--The Advisory Committee shall develop
and submit in its final report recommendations for an
integrated public alert and warning system, including--
(A) recommendations for common alerting and warning
protocols, standards, terminology, and operating
procedures for the public alert and warning system;
(B) recommendations to provide for a public alert
and warning system that--
(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks, or
personal user preferences, as appropriate;
(ii) has the capability to alert and warn
individuals with disabilities and individuals
with limited English proficiency;
(iii) incorporates multiple communications
technologies;
(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(v) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
(vi) promotes local and regional public and
private partnerships to enhance community
preparedness and response; and
(vii) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
(7) Final report.--Not later than one year after the date
of enactment of this Act, the Advisory Committee shall submit
to the Administrator, 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 containing the recommendations of the Advisory
Committee.
(8) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
(9) Termination.--The Advisory Committee shall terminate
not later than 60 days following the submission of its final
report.
(c) Technical Correction.--Section 202(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132(c)) is
amended by striking ``section 611(c)'' and inserting ``section
611(d)''.
(d) Limitation on Statutory Construction.--Nothing in this section
(including the amendments made by this section) shall be construed to
affect the authority of the Department of Commerce or the Federal
Communications Commission.
SEC. 103. 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. 104. DISPOSAL OF EXCESS PROPERTY TO ASSIST OTHER DISASTER VICTIMS.
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 are
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 victims in other major disasters
and emergencies; and
``(2) assisting victims 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 are 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. 105. 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 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. 106. 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 programs and activities that are not
readily attributable to a single major disaster or emergency.
``(d) Support Programs.--The programs and activities referred to in
subsection (c)(2) include the programs and activities authorized by
sections 302, 303, and 306(b).
``(e) Limitation.--Amounts made available from the Fund for
programs and activities referred to in subsection (c)(2) may not exceed
$300,000,000 in any fiscal year.
``(f) 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.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund such sums as may be necessary.
``(h) 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, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State an approved State
building code, 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.--To be eligible for an increased Federal
share under paragraph (1), a State shall submit its State
building code to the President for approval.
``(3) Approval.--The President shall approve a State
building code submitted under paragraph (2) if the President
determines that the 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; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(4) Periodic updates.--The President shall set
appropriate standards, by regulation, for the periodic update,
resubmission, and reapproval of a State building code approved
by the President in accordance with paragraph (3) that are
consistent with similar requirements related to mitigation
planning under section 322.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective 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.
``(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.
``(6) Regulations.--Not later than 180 days after the date
of enactment of this subsection, 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) the extent to which the State or local government is
carrying out activities to implement a State building code
approved under 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 inserting ``(a) In General.--'' before ``The
President'';
(2) by inserting ``to provide assistance, including grants,
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 the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5186) is amended--
(1) by inserting ``(a) In General.--'' before ``The
President'';
(2) by inserting ``to provide assistance, including grants,
equipment, supplies, and personnel, in order'' before ``to
provide'' the first place it appears; 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.''.
(c) Section 309.--Section 309(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act is amended by adding ``, including
grant agreements,'' after ``agreements''.
SEC. 204. HOUSEHOLD PETS AND SERVICE ANIMALS.
(a) Emergency Assistance.--Section 502(a) of 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.
SEC. 205. 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 the Administrator has determined under subsection
(b)(1) that FEMA needs to maintain in stock;
(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 the Administrator
has determined under subsection (b)(1) that
FEMA needs to maintain in stock; and
(ii) are in suitable condition, based on
the criteria established under subsection
(b)(2); and
(C) disposing of the temporary housing units in the
inventory of FEMA that the Administrator determines are
not in suitable condition, based on the criteria
established under subsection (b)(2).
(2) Implementation.--Not later than 9 months after the date
of enactment of this Act, the Administrator shall implement the
plan established under paragraph (1).
(d) Applicability of Disposal Requirements.--
(1) In general.--Any sale, transfer, donation, or disposal
of a temporary housing unit under the plan established under
subsection (c)(1) shall be 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.
(2) Exception.--Notwithstanding paragraph (1), the
Administrator may sell, transfer, donate, or otherwise make
available temporary housing units in suitable condition in the
inventory of FEMA, as of the date of enactment of this Act, to
States, other governmental entities, and voluntary
organizations for the purpose of providing temporary housing to
victims of incidents caused by hazards that do not result in a
declaration of a major disaster or emergency by the President,
if--
(A) the Governor of the affected State certifies
that--
(i) there is an urgent need for the
temporary housing units; and
(ii) the State is unable to provide the
temporary housing units in a timely manner; and
(B) the State, other governmental entity, or
voluntary organization agrees--
(i) to comply with the nondiscrimination
provisions of section 308 of the Stafford Act
(42 U.S.C. 5151); and
(ii) to obtain and maintain hazard and
flood insurance on the housing units.
(3) 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 disposal of a temporary
housing unit under subsection (d)(2) shall be treated as a
disposal to house individuals or households under section 408
of the Stafford Act (42 U.S.C. 5174).
(e) Report.--Not later than one year 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 on the status of the distribution, sale, transfer,
donation, or other disposal of the unused temporary housing units
purchased by FEMA.
TITLE III--OTHER MATTERS
SEC. 301. COMMUNITY PREPAREDNESS.
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. COMMUNITY PREPAREDNESS.
``(a) Citizen Corps.--The Administrator shall continue to
administer the citizen preparedness program known as the `Citizen
Corps'.
``(b) Activities.--In carrying out the program, the Administrator
may--
``(1) collaborate with community leaders to coordinate and
leverage efforts to strengthen community involvement in
preparedness, planning, mitigation, response, and recovery for
hazards;
``(2) educate and train citizens in emergency preparedness
and mitigation; and
``(3) train citizens in basic response skills, including
fire safety, light search and rescue, and medical operations in
preparation for hazards.
``(c) Community Emergency Response Team Program.--In carrying out
the program, the Administrator shall continue to administer the
Community Emergency Response Team Program.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $30,000,000 for fiscal year 2010;
``(2) $35,000,000 for fiscal year 2011; and
``(3) $40,000,000 for fiscal year 2012.
``(e) Allocation of Funds.--Of the amounts appropriated to carry
out this section for a fiscal year, not to exceed $2,000,000 may be
used to carry out the Community Emergency Response Team Program.''.
SEC. 302. 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 further amended by adding at the end the following:
``SEC. 618. 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. 303. 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. 304. 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. 305. TECHNICAL CORRECTIONS TO REFERENCES.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended--
(1) 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
(2) 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).
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