S.Amdt. 3379

SA 3379. Mr. LIEBERMAN submitted an amendment intended to be proposed by him to the bill H.R. 1, making appropriations for the Department of Defense and the other departments and agencies of the Government for the fiscal year ending September 30, 2011, and for other purposes; which was ordered to lie on the table; as follows:

On page 45, strike lines 9 through 20 and insert the following:

“(f) Waiver Authority.--Until such time as the Administrator promulgates regulations to implement this section, the Administrator may--

“(1) waive notice and comment rule making requirements if the Administrator determines the waiver to be necessary to expeditiously implement this section; and

“(2) may carry out the alternative procedures under this section as a pilot program during the 3-year period beginning on the date of enactment of the Disaster Recovery Act of 2012.

“(g) Reimbursement.--The guidelines for reimbursement for costs under subsection (e)(2)(D) shall assure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

“(h) Sunset of Repair, Restoration, and Replacement Procedures.--The authority of the Administrator to administer assistance under the procedures described in subsection (e)(1) shall terminate 5 years after the date of enactment of this Act.

“(i) Report.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this section, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair, restoration, and replacement of damaged facilities under section 406 authorized under this section, which shall assess the effectiveness of the alternative procedures, including--

“(1) whether the alternative procedures helped to improve the general speed of disaster recovery;

“(2) the accuracy of the estimates relied upon;

“(3) whether the financial incentives and disincentives were effective;

“(4) whether the alternative procedures were cost-effective;

“(5) whether the independent expert panel described in subsection (e)(1)(E) was effective; and

“(6) recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.”.