H.R. 2903 (112th): FEMA Reauthorization Act of 2012

Introduced:
Sep 13, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Jeff Denham [R-CA19]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on September 19, 2012 but was never passed by the Senate.

Progress
Introduced Sep 13, 2011
Referred to Committee Sep 13, 2011
Reported by Committee Mar 08, 2012
Passed House Sep 19, 2012
Cosponsors
2 cosponsors (1R, 1D) (show)
Committees

House Homeland Security

House Transportation and Infrastructure

Senate Homeland Security and Governmental Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

To reauthorize the programs and activities of the Federal Emergency Management Agency.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Sep 20, 2012.
56 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/19/2012.
Title I - Reauthorization of FEMA and Modernization of Integrated Public Alert and Warning System
Section 101 -
Amends the Post-Katrina Emergency Management Reform Act of 2006 to authorize appropriations for the Federal Emergency Management Agency (FEMA) for FY2012-FY2014 for salaries and expenses.
Section 102 -
Integrated Public Alert and Warning System Modernization Act of 2012 - Directs the Administrator of FEMA to modernize and implement the integrated public alert and warning system of the United States to ensure that the President is able, under all conditions, to alert governmental authorities and the civilian population in areas endangered by disasters, including by:
(1) establishing common alerting and warning protocols, standards, terminology, and operating procedures for such system;
(2) including in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities and individuals with access and functional needs;
(3) ensuring that training, tests, and exercises are conducted for such system;
(4) establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate federal, state, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System;
(5) conducting nationwide tests of the system at least every three years; and
(6) ensuring that the system is resilient, secure, and can withstand acts of terrorism and other external attacks.
Requires the system to:
(1) incorporate multiple communications technologies,
(2) be designed to incorporate future technologies for communicating directly with the public to provide alerts to the largest portion of the affected population feasible and to improve the ability of remote areas to receive alerts,
(3) promote local and regional partnerships to enhance community preparedness and response,
(4) provide redundant alert mechanisms, and
(5) protect individual privacy.
Directs the Administrator to submit to specified congressional committees a detailed plan to implement the system, including a timeline, a spending plan, and recommendations for any additional authority necessary.
Directs the FEMA Administrator to establish the Integrated Public Alert and Warning System Advisory Committee to develop recommendations for the system.
Title II - Stafford Act and Other Programs
Section 201 -
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to direct the Administrator to:
(1) continue to administer the National Urban Search and Rescue Response System,
(2) provide for a national network of standardized search and rescue resources to assist states and local governments in responding to hazards,
(3) designate task forces to participate in the System,
(4) enter into an agreement with the state or local government sponsoring a task force (sponsoring agency) with respect to participation, and
(5) maintain such management and other technical teams as necessary to administer the System. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre incident staging, major disaster and emergency response activities, and training events.
Directs the Administrator to:
(1) establish and maintain an advisory committee to provide expert recommendations to assist the Administrator in administering the System;
(2) enter into an annual preparedness cooperative agreement with each sponsoring agency for training and exercises, equipment acquisition and maintenance, and medical monitoring required for responder safety and health; and
(3) enter into response cooperative agreements under which the Administrator agrees to reimburse sponsoring agencies for costs incurred in responding to a major disaster or emergency.
Authorizes appropriations to carry out the System for FY2012-FY2014.
Section 202 -
Amends the Stafford Act to authorize the Administrator to make grants to provide for implementation of the Emergency Management Assistance Compact. Makes states and the Administrator of the Compact eligible to receive such grants.
Requires grants to be used to:
(1) carry out recommendations identified in the Compact after-action reports for the 2004 and 2005 hurricane seasons;
(2) administer Compact operations on behalf of states that have enacted it;
(3) continue coordination with FEMA, appropriate federal agencies, states and local governments, and their respective national organizations; and
(4) assist with credentialing emergency response providers and the typing of emergency response resources.
Requires the FEMA Administrator to consult with the Compact Administrator to ensure effective coordination of efforts in responding to requests for assistance.
Authorizes appropriations for Compact grants for FY2012-FY2014.
Section 203 -
Amends the Stafford Act to authorize the President to transfer excess materials, supplies, or equipment acquired for response or recovery efforts in connection with a major disaster or emergency to a state, local government, or relief or disaster assistance organization for the purpose of assisting:
(1) disaster survivors in other major disasters and emergencies; and
(2) survivors in incidents caused by a hazard that do not result in a declaration of a major disaster or emergency if the governor of the affected state certifies that there is an urgent need for the materials, supplies, or equipment, and that the state is unable to provide such items in a timely manner.
Section 204 -
Directs the FEMA Administrator to:
(1) determine the number of temporary housing units that FEMA needs to maintain in stock to respond appropriately to emergencies or major disasters;
(2) establish a plan and guidelines for storing such number of units and for selling, transferring, donating, or otherwise disposing of units in FEMA's inventory in excess of such number;
(3) report on actions taken to implement the plan and guidelines; and
(4) update the plan as necessary to ensure that the Administrator maintains in FEMA's inventory only the units needed.
Authorizes the Administrator to transfer or donate, on a priority basis, excess temporary housing units to states that agree to:
(1) use the units to provide temporary housing to survivors of incidents that are caused by hazard,
(2) pay to store and maintain the units,
(3) make the units available to the President or use the units to provide housing directly to survivors in the event of a major disaster or emergency declared for the state by the President,
(4) comply with nondiscrimination provisions, and
(5) maintain hazard and flood insurance on the units.
Section 205 -
Authorizes the sale, transfer, or donation of such units 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 that does not result in a declaration of a major disaster or emergency if the recipient agrees to comply with nondiscrimination provisions and to obtain and maintain hazard and flood insurance for the units.
Section 206 -
Directs the President, within 180 days of this Act's enactment, to establish criteria required under the Stafford Act for the approval of an application submitted by a state for the delegation of the authority to administer the hazard mitigation grant program.
Section 207 -
Directs the Administrator:
(1) within 180 days of this Act's enactment, to review regulations and policies relating to federal disaster assistance to eliminate regulations that are no longer relevant, harmonize contradictory regulations, and simplify and expedite disaster recovery and assistance;
(2) within 1 year of enactment, to report to specified congressional committees on changes made to regulations as a result of such review, together with any legislative recommendations; and
(3) to revise regulations related to the submission of State Hazard Mitigation Plans to extend the hazard mitigation planning cycle to every 5 years, consistent with local planning cycles.
Section 208 -
Requires a decision regarding an appeal of a major disaster assistance decision to be rendered within 60 (currently, 90) days after the federal official designated to administer such appeal receives notice of such appeal. Requires the official to provide to the applicant a written explanation of any failure to meet such deadline. Directs the Administrator to transmit to specified committees a quarterly report on such failures.
Section 209 -
Directs the Administrator to issue and begin to implement regulations required under the Stafford Act 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.
Section 210 -
Authorizes the chief executive of an affected Indian tribal government to submit a request for a major disaster or emergency declaration by the President under the Stafford Act. Authorizes the President, in providing assistance to such a government, to waive or adjust any payment of a non-federal contribution with respect to the assistance if the President:
(1) has the authority to waive or adjust the payment under another provision under the Act, and
(2) determines that the waiver or adjustment is necessary and appropriate.
Section 211 -
Directs the Administrator, in cooperation with representatives of state, tribal, and local emergency management agencies, to review, update, and revise through rulemaking the factors considered when evaluating a governor's request for a major disaster declaration to measure the severity, magnitude, and impact of a disaster.
Section 212 -
Directs the Administrator, in coordination with states, tribal and local governments, and owners or operators of private nonprofit facilities, to establish and conduct a pilot program to:
(1) reduce the costs to government of providing assistance to such states, governments, and owners or operators for the repair, restoration, reconstruction, or replacement of a facility damaged or destroyed by a major disaster;
(2) increase flexibility in the administration of such assistance; and
(3) expedite such assistance.
Requires the Administrator to establish new procedures to administer such assistance, which shall include:
(1) making grants on the basis of estimates agreed to by the requesting entity and the Administrator to provide financial incentives and disincentives for the timely and cost-effective completion of projects;
(2) providing an option for the requesting entity to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of the cost of repair, restoration, reconstruction, or replacement of the facility and management expenses;
(3) consolidating facilities as a single project based upon the estimates established under the pilot procedures; and
(4) allowing the Administrator, if the actual costs of a project completed under the pilot procedures are less than the estimated costs, to permit a grantee or sub grantee to use all or part of the excess funds for cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster.
Permits the Administrator to waive such regulations or rules applicable to the repair, restoration, and replacement of damaged facilities under the Stafford Act as the Administrator determines are necessary to carry out such pilot program.
Directs the Administrator to report to specified committees by October 31, 2015, regarding the effectiveness of the pilot program.
Prohibits the Administrator from approving a project under the pilot program after December 31, 2014.
Section 213 -
Directs the Administrator to establish new procedures to administer assistance under the Stafford Act for removal of debris and wreckage resulting from a major disaster or emergency, which may include:
(1) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost effective completion of removal projects if the state, tribal, or local government or facility owner or operatoragrees to be responsible to pay for any actual costs that exceed the estimate;
(2) using a sliding scale for the federal share based on the time it takes to complete removal;
(3) allowing utilization of program income from recycled debris without offset to the grant amount;
(4) reimbursing base and overtime wages for employees and extra hires performing removal; and
(5) authorizing the Administrator, if the actual costs of projects are less than the estimated costs, to permit a grantee or subgrantee to use all or part of the excess funds for purposes of debris management planning, acquisition of debris management equipment for current or future use, and other activities to improve future debris removal operations.
Section 214 -
Authorizes the Administrator to use amounts authorized under the Post-Katrina Emergency Management Reform Act of 2006 for FEMA administration and operations for reviews, reports, and studies included in this Act.
Section 215 -
Reduces the FY2012 authorization of appropriations for Emergency Management Performance Grants under the Post-Katrina Emergency Management Reform Act.
Section 217 -
Dam Safety Act of 2012 - Authorizes appropriations for the National Dam Safety Program for FY2012-FY2015. Requires the head of a federal agency, on request, to provide a state dam safety agency with information on the condition and provision for emergency operations of any dam the failure of which would affect the state.
Includes as an objective of the Program the development and implementation of a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating against, responding to, and recovering from dam incidents.
Changes the limit on the amount allocated to a state under the Program from 50% of the reasonable cost of implementing the state's dam safety program to the amount of funds committed by the state to implement dam safety program activities.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/2/hr2903.

Background

The Federal Emergency Management Agency coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. FEMA was established in 1979 by Executive Order by President Carter to centralize the federal government’s emergency response and increase coordination during disasters. After operating for nearly 30 years without explicit authorization, the Post-Katrina Emergency Management Reform Act of 2006 authorized FEMA for the first time in legislation. That authorization has since expired.

Summary

H.R. 2903 would authorize approximately $2.2 billion over the next two years for the Urban Search and Rescue Response System, Emergency Management Assistance Compact grants, and the Federal Emergency Management Agency (FEMA) for management and administration.

Title I – Reauthorization of FEMA and Modernization of Integrated Public Alert and Warning System

Section 101: Reauthorization of the Federal Emergency Management Agency (FEMA): The bill would reauthorize FEMA through fiscal year 2014 and provide $1.031 billion each year for Salaries and Expenses (S&E) consistent with current funding levels.

Section 102: Integrated Public Alert and Warning System Modernization: The bill would reauthorize the Integrated Public Alert and Warning System (IPAWS) and provide $13.3 million out of the S&E account consistent with existing funding levels.  This section also would establish a clear framework for the development of IPAWS and ensure stakeholder input through an advisory committee.

Title II – Stafford Act and Other Programs

Section 201: Reauthorization of Urban Search and Rescue Response System: The bill would reauthorize the Urban Search and Rescue system (USAR) and provide $35.25 million for fiscal years 2012 through 2014 consistent with previous funding levels.  

Section 202: Reauthorization of Emergency Management Assistance Compact Grants: The bill would reauthorize the Emergency Management Assistance Compact (EMAC) grants and provide $2 million dollars each year through fiscal year 2014.  Authorization levels would be consistent with existing funding.

Section 203: Disposal of Excess Property to Assist Other Disaster Survivors: The bill would streamline the process for FEMA to transfer excess materials, supplies, or equipment to state and local governments, or relief or disaster assistance organization to assist disaster survivors in incidents other than declared major disasters or emergencies.

Section 204: Storage, Sale, Transfer, and Disposal of Housing Units:  The bill would require FEMA to review the existing inventory of temporary housing units (THUs), determine the number of excess THUs and streamlines the process for transferring excess THUs to states or disposing of such units.

Section 205: Other Methods of Disposal:  The bill would provide a streamlined process for FEMA to sell, transfer or donate THUs to assist disaster victims in disasters and incidents caused by a hazard that do not result in a declaration.

Section 206: Establishment of Criteria Relating to Administration of Hazard Mitigation Assistance By States: The bill would require FEMA to promulgate criteria, as required under statute, within 180 days of enactment, to implement provisions in the Stafford Act that would allow states to administer the Hazard Mitigation Grant Program.

Section 207: Review of Regulations and Policies: The bill would require FEMA, within 180 days of enactment, to review its regulations and policies related to disaster assistance to eliminate regulations that are no longer relevant, to harmonize conflicting regulations and to simplify and expedite disaster recovery and assistance. 

Section 208: Appeals Process: The bill would shorten FEMA’s appeals process from 90 to 60 days. 

Section 209:  Implementation of Cost Estimating: The bill would require FEMA to, within 180 days of enactment of the Act, promulgate regulations to implement cost estimating provisions in the Stafford Act. 

Section 210: Tribal Requests for a Major Disaster or Emergency Declaration Under Stafford Act:  The bill would provide for federally-recognized tribes to request a disaster declaration when the state in which they reside fails to do so. 

Section 211: Individual Assistance Factors: The bill would require FEMA, within 1 year of enactment, to review, update and revise the factors considered in regulation related to Individual Assistance.

Section 212: Public Assistance Pilot Program: The bill would establish a Public Assistance pilot program directing FEMA to develop a pilot program that would reduce costs and expedite assistance through the use of cost estimates and consolidating projects.  The bill would limit the pilot by terminating it in 2014 and requires FEMA to report to Congress on its assessment of the pilot program in 2015. 

Section 213: Public Assistance Debris Removal Procedures: The bill would streamline and make permanent FEMA’s Debris Removal pilot program to provide for assistance based on estimates.

Section 214: Use of Funds: The bill would make clear any costs associated with reports, reviews, or studies required in the Act are authorized out of FEMA’s S&E authorization. This provision would clarify FEMA must use existing funding to pay for any costs associated with reports, reviews or studies. 

Section 215: Reduction of authorization for emergency management performance grants: The bill would reduce the authorization for the Emergency Management Performance Grants (EMPG) by $3.4 million in fiscal year 2012 to offset a corresponding increase in the authorization for the National Dam Safety Program reauthorized in section 217. 

Section 216: Technical Correction: The bill would correct a technical error in the Stafford Act. 

Section 217: National Dam Safety Program Act Reauthorization: The bill would reauthorize the National Dam Safety Program through Fiscal Year 2015 at levels consistent with existing spending except that an increase has been provided for which is offset by the reduction pursuant to section 215. 

Cost

According to CBO, H.R. 2903 would authorize appropriations totaling about $2.2 billion over the next two years for the Federal Emergency Management Agency (FEMA). The legislation would authorize about $2.1 billion for salaries and expenses of the agency, including $37 million to modernize the Integrated Public Alert and Warning System (IPAWS); $71 million for the Urban Search and Rescue (US&R) Response System; $32 million for dam safety activities; and $4 million for emergency management assistance compact grants. Based on historical expenditure patterns, CBO estimates that implementing the legislation would cost $2.1 billion over the 2013-2017 period, assuming appropriation of the specified amounts.

House Democratic Caucus Summary

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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 110 Stat. 3877
  • 120 Stat. 1456

Other Citations

  • 5 U.S.C. Chapter 81
  • 38 U.S.C. Chapter 43