FEMA Disaster Assistance Reform Act of 2015
TITLE I--FEMA REAUTHORIZATION
(Sec. 101) This bill reauthorizes the Federal Emergency Management Agency (FEMA) through FY2018.
TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES
(Sec. 201) FEMA shall commence, through the National Advisory Council, a comprehensive study related to disaster costs and losses. The Council shall evaluate, and report on, disaster losses and costs and develop recommendations for reducing such losses and costs.
TITLE III--STAFFORD ACT AND OTHER PROGRAMS
(Sec. 301) The bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to: (1) continue the administration of the National Urban Search and Rescue Response System (USAR Response System), and (2) reauthorize the USAR Response System through FY2018.
(Sec. 303) FEMA shall provide a plan for the development of consistent guidance to applicants on FEMA disaster funding, the maintenance of records and transfer of information, relieving administrative burdens, and the implementation of new technology tools during disaster response and recovery operations in the field.
(Sec. 304) The bill amends the Stafford Act to raise the public assistance small projects threshold from $35,000 to $1 million.
(Sec. 305) The bill amends the Stafford Act to establish fixed rates to reimburse states and local governments for direct and indirect administrative costs incurred to implement disaster recovery projects.
(Sec. 306) Debts owed to the United States for disaster assistance may be waived if such assistance was distributed based on an error by FEMA, there was no fault on behalf of the debtor, and the collection of the debt would be against equity and good conscience.
(Sec. 307) The statute of limitations for initiating a new administrative action to recover debts owed to the United States for disaster assistance is three years, unless there is evidence of civil or criminal fraud.
(Sec. 308) FEMA shall: (1) provide technical assistance to common interest communities that provide essential services of a governmental nature, and (2) provide recommendations on how common areas of condominiums and housing cooperatives may be eligible for disaster assistance.
(Sec. 309) FEMA shall give greater weight and consideration to severe localized impacts when making major disaster declaration recommendations to the President.
(Sec. 310) A state shall be deemed to have met FEMA's proof of insurance requirements for an individual property owner when title to such property has been encumbered requiring the purchase and maintenance of insurance.
(Sec. 311) FEMA shall not expand its statutory authorities as they related to floodplain management or mapping unless the requirement to do so is explicitly and specifically stated in statute. FEMA's authorities may not be construed to impute the privately-funded actions of private parties on private land to FEMA for the purpose of extending the requirement.
(Sec. 312) FEMA shall be responsible for efforts to reduce the loss of life and property and to protect the Nation from an earthquake, tsunami, or a combined earthquake and tsunami event.
(Sec. 313) The President shall establish a Federal Interagency Task Force to develop a comprehensive strategy and recommendations on preparation and planning for, mitigating against, responding to, recovering from, and more successfully adapting to an earthquake, tsunami, or a combined earthquake and tsunami event in the Cascadia Subduction Zone.
The Task Force shall enter into an agreement with the National Academies for developing recommendations for a federal research strategy to advance scientific understanding of a Cascadia Subduction Zone earthquake and resulting tsunami preparedness.
FEMA shall report to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs on the comprehensive strategy and recommendations on administrative actions to further the strategy.
(Sec. 314) The President may provide hazard mitigation assistance in any area affected by a fire for which assistance was provided, whether or not a major disaster is declared.
(Sec. 315) Recipients of hazard mitigation assistance under the Stafford Act may use such assistance to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or earthquake hazards.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1471 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1471
To reauthorize the programs and activities of the Federal Emergency
Management Agency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2015
Mr. Barletta (for himself, Mr. Carson of Indiana, Mr. Shuster, and Mr.
DeFazio) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To reauthorize the programs and activities of the Federal Emergency
Management Agency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FEMA Disaster
Assistance Reform Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEMA REAUTHORIZATION
Sec. 101. Reauthorization of Federal Emergency Management Agency.
TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES
Sec. 201. Comprehensive study of disaster costs and losses.
TITLE III--STAFFORD ACT AND OTHER PROGRAMS
Sec. 301. Reauthorization of urban search and rescue response system.
Sec. 302. Reauthorization of emergency management assistance compact
grants.
Sec. 303. Physical testing standards for electric utility facilities.
Sec. 304. Nonprofit facilities.
Sec. 305. Statute of limitations.
Sec. 306. Action plan to improve field transition.
Sec. 307. Simplified procedures.
Sec. 308. Management costs.
Sec. 309. Debts owed to the United States related to disaster
assistance.
Sec. 310. Statute of limitations for debts owed to the United States
related to disaster assistance.
TITLE IV--WILDFIRE PREVENTION AND MITIGATION
Sec. 401. Wildfire mitigation assistance.
Sec. 402. Additional activities.
TITLE I--FEMA REAUTHORIZATION
SEC. 101. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each
place it appears and inserting ``management and
administration''; and
(2) in paragraph (2), by striking ``; and'';
(3) in paragraph (3), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2016, $946,982,000;
``(5) for fiscal year 2017, $946,982,000; and
``(6) for fiscal year 2018, $946,982,000.''.
TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES
SEC. 201. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall commence, through the National Advisory
Council, a comprehensive study related to disaster costs and losses
(referred to in the subsection as the ``Study'').
(b) Additional Membership.--For the purposes of the Study, as soon
as practicable after the date of enactment of this section, the
Administrator shall appoint additional qualified members to the
National Advisory Council from the following:
(1) Individuals that have the requisite technical knowledge
and expertise on issues related to disaster costs and losses.
(2) Representatives of the insurance industry.
(3) Experts in and representatives of the construction and
building industry.
(4) Individuals nominated by national organizations
representing local governments and personnel.
(5) Academic experts.
(6) Vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for emergency
management services.
(7) Representatives of such other stakeholders and
interested and affected parties as the Administrator considers
appropriate.
(c) Consultation With Nonmembers.--The National Advisory Council
shall consult with other relevant agencies and groups that are not
represented on the National Advisory Council to consider research,
data, findings, recommendations, innovative technologies and
developments, including--
(1) entities engaged in federally funded research; and
(2) academic institutions engaged in relevant work and
research.
(d) Recommendations.--Not later than 120 days after the date of
enactment of this Act, the National Advisory Council shall convene to
evaluate the following topics and develop recommendations for reducing
disaster costs and losses:
(1) Disaster losses.--
(A) Cost trends.--Trends in disaster costs
including loss of life and injury, property damage to
individuals, the private sector, and each level of
government (State, local and tribal) since the
enactment of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5141 et seq.), to
the extent data is available.
(B) Contributing factors.--Contributing factors
such as shifting demographics and aging infrastructure
and their impacts on the trends in disaster losses and
costs.
(2) Disaster costs.--
(A) Trends in declarations.--Trends in disaster
declarations, including factors contributing to the
trends.
(B) Disaster assistance.--Disaster assistance
available from all Federal sources, including
descriptions of programs, eligibility and authorities,
where assistance has been used geographically, how
quickly the funds are used, how that assistance is
coordinated among the various agencies and departments,
and recommendations for ways to improve the
effectiveness and efficiency of the delivery of such
assistance.
(C) Costs.--Disaster costs borne by the private
sector and individuals.
(3) Disaster roles and responsibility.--Fundamental
principles that should drive national disaster assistance
decision making, including the appropriate roles for each level
of government, the private sector and individuals.
(4) Reduction of costs and losses.--
(A) Mechanisms and incentives.--Mechanisms and
incentives to promote disaster cost reduction and
mitigation, including cost data, projections for the
return on investment, and measures of effectiveness.
(B) Identification of challenges.--Identify
fundamental legal, societal, geographic and
technological challenges to implementation.
(5) Legislative proposals.--Legislative proposals for
implementing the recommendations in the report compiled
pursuant to the requirement in section 1111 of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2).
(e) Report to Administrator and Congress.--Not later than 1 year
after the date of enactment of this section, the National Advisory
Council shall submit a report containing the data, analysis, and
recommendations developed under subsection (d) to--
(1) the Administrator of the Federal Emergency Management
Agency;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
TITLE III--STAFFORD ACT AND OTHER PROGRAMS
SEC. 301. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended
by adding at the end the following:
``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Agency.--The term `Agency' means the Federal
Emergency Management Agency.
``(3) Hazard.--The term `hazard' has the meaning given that
term by section 602.
``(4) Nonemployee system member.--The term `nonemployee
System member' means a System member not employed by a
sponsoring agency or participating agency.
``(5) Participating agency.--The term `participating
agency' means a State or local government, nonprofit
organization, or private organization that has executed an
agreement with a sponsoring agency to participate in the
System.
``(6) Sponsoring agency.--The term `sponsoring agency'
means a State or local government that is the sponsor of a task
force designated by the Administrator to participate in the
System.
``(7) System.--The term `System' means the National Urban
Search and Rescue Response System to be administered under this
section.
``(8) System member.--The term `System member' means an
individual who is not a full-time employee of the Federal
Government and who serves on a task force or on a System
management or other technical team.
``(9) Task force.--The term `task force' means an urban
search and rescue team designated by the Administrator to
participate in the System.
``(b) General Authority.--Subject to the requirements of this
section, the Administrator shall continue to administer the emergency
response system known as the National Urban Search and Rescue Response
System.
``(c) Functions.--In administering the System, the Administrator
shall provide for a national network of standardized search and rescue
resources to assist States and local governments in responding to
hazards.
``(d) Task Forces.--
``(1) Designation.--The Administrator shall designate task
forces to participate in the System. The Administration shall
determine the criteria for such participation.
``(2) Sponsoring agencies.--Each task force shall have a
sponsoring agency. The Administrator shall enter into an
agreement with the sponsoring agency with respect to the
participation of each task force in the System.
``(3) Composition.--
``(A) Participating agencies.--A task force may
include, at the discretion of the sponsoring agency,
one or more participating agencies. The sponsoring
agency shall enter into an agreement with each
participating agency with respect to the participation
of the participating agency on the task force.
``(B) Other individuals.--A task force may also
include, at the discretion of the sponsoring agency,
other individuals not otherwise associated with the
sponsoring agency or a participating agency. The
sponsoring agency of a task force may enter into a
separate agreement with each such individual with
respect to the participation of the individual on the
task force.
``(e) Management and Technical Teams.--The Administrator shall
maintain such management teams and other technical teams as the
Administrator determines are necessary to administer the System.
``(f) Appointment of System Members Into Federal Service.--
``(1) In general.--The Administrator may appoint a System
member into Federal service for a period of service to provide
for the participation of the System member in exercises,
preincident staging, major disaster and emergency response
activities, and training events sponsored or sanctioned by the
Administrator.
``(2) Nonapplicability of certain civil service laws.--The
Administrator may make appointments under paragraph (1) without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
``(3) Relationship to other authorities.--The authority of
the Administrator to make appointments under this subsection
shall not affect any other authority of the Administrator under
this Act.
``(4) Limitation.--A System member who is appointed into
Federal service under paragraph (1) shall not be considered an
employee of the United States for purposes other than those
specifically set forth in this section.
``(g) Compensation.--
``(1) Pay of system members.--Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency of a
task force--
``(A) to reimburse each employer of a System member
on the task force for compensation paid by the employer
to the System member for any period during which the
System member is appointed into Federal service under
subsection (f)(1); and
``(B) to make payments directly to a nonemployee
System member on the task force for any period during
which the non-employee System member is appointed into
Federal service under subsection (f)(1).
``(2) Reimbursement for employees filling positions of
system members.--
``(A) In general.--Subject to such terms and
conditions as the Administrator may impose by
regulation, the Administrator shall make payments to
the sponsoring agency of a task force to reimburse each
employer of a System member on the task force for
compensation paid by the employer to an employee
filling a position normally filled by the System member
for any period during which the System member is
appointed into Federal service under subsection (f)(1).
``(B) Limitation.--Costs incurred by an employer
shall be eligible for reimbursement under subparagraph
(A) only to the extent that the costs are in excess of
the costs that would have been incurred by the employer
had the System member not been appointed into Federal
service under subsection (f)(1).
``(3) Method of payment.--A System member shall not be
entitled to pay directly from the Agency for a period during
which the System member is appointed into Federal service under
subsection (f)(1).
``(h) Personal Injury, Illness, Disability, or Death.--
``(1) In general.--A System member who is appointed into
Federal service under subsection (f)(1) and who suffers
personal injury, illness, disability, or death as a result of a
personal injury sustained while acting in the scope of such
appointment shall, for the purposes of subchapter I of chapter
81 of title 5, United States Code, be treated as though the
member were an employee (as defined by section 8101 of that
title) who had sustained the injury in the performance of duty.
``(2) Election of benefits.--
``(A) In general.--If a System member (or, in the
case of the death of the System member, the System
member's dependent) is entitled--
``(i) under paragraph (1) to receive
benefits under subchapter I of chapter 81 of
title 5, United States Code, by reason of
personal injury, illness, disability, or death,
and
``(ii) to receive benefits from a State or
local government by reason of the same personal
injury, illness, disability, or death,
the System member or dependent shall elect to receive
either the benefits referred to in clause (i) or (ii).
``(B) Deadline.--A System member or dependent shall
make an election of benefits under subparagraph (A) not
later than 1 year after the date of the personal
injury, illness, disability, or death that is the
reason for the benefits or until such later date as the
Secretary of Labor may allow for reasonable cause
shown.
``(C) Effect of election.--An election of benefits
made under this paragraph is irrevocable unless
otherwise provided by law.
``(3) Reimbursement for state or local benefits.--Subject
to such terms and conditions as the Administrator may impose by
regulation, in the event that a System member or dependent
elects benefits from a State or local government under
paragraph (2)(A), the Administrator shall reimburse the State
or local government for the value of those benefits.
``(i) Liability.--A System member appointed into Federal service
under subsection (f)(1), while acting within the scope of the
appointment, is deemed an employee of the Federal 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.--Service as a System member is deemed
`service in the uniformed services' for purposes of chapter 43
of title 38, United States Code, relating to employment and
reemployment rights of individuals who have performed service
in the uniformed services (regardless of whether the individual
receives compensation for such participation). All rights and
obligations of such persons and procedures for assistance,
enforcement, and investigation shall be as provided for in such
chapter.
``(2) Preclusion.--Preclusion of giving notice of service
by necessity of appointment under this section is deemed
preclusion by `military necessity' for purposes of section
4312(b) of title 38, United States Code, pertaining to giving
notice of absence from a position of employment. A
determination of such necessity shall be made by the
Administrator and shall not be subject to judicial review.
``(k) Licenses and Permits.--If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, the System member is deemed to be performing a Federal
activity when rendering aid involving such skill or assistance during a
period of appointment into Federal service under subsection (f)(1).
``(l) Advisory Committee.--
``(1) In general.--The Administrator shall establish and
maintain an advisory committee to provide expert
recommendations to the Administrator in order to assist the
Administrator in administering the System.
``(2) Composition.--The advisory committee shall be
composed of members from geographically diverse areas, and
shall include--
``(A) the chief officer or senior executive from at
least three sponsoring agencies;
``(B) the senior emergency manager from at least
two 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 the System and the provisions of this section
$35,180,000 for each of fiscal years 2016, 2017, and 2018.
``(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)--
(i) by striking ``United States Code,'';
and
(ii) by adding ``and'' at the end; and
(D) by inserting after subparagraph (F) the
following:
``(G) an individual who is a System member of the
National Urban Search and Rescue Response System during
a period of appointment into Federal service pursuant
to section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is
amended--
(A) in paragraph (13) by inserting ``, a period for
which a System member of the National Urban Search and
Rescue Response System is absent from a position of
employment due to an appointment into Federal service
under section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act'' before ``, and a
period''; and
(B) in paragraph (16) by inserting after ``Public
Health Service,'' the following: ``System members of
the National Urban Search and Rescue Response System
during a period of appointment into Federal service
under section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,''.
SEC. 302. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT
GRANTS.
(a) In General.--Subtitle A of title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.)
is amended by adding at the end the following:
``SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
``(a) In General.--The Administrator of the Federal Emergency
Management Agency may make grants to provide for implementation of the
Emergency Management Assistance Compact consented to by Congress in the
joint resolution entitled `Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact' (Public Law
104-321; 110 Stat. 3877).
``(b) Eligible Grant Recipients.--States and the Administrator of
the Emergency Management Assistance Compact shall be eligible to
receive grants under subsection (a).
``(c) Use of Funds.--A grant received under this section shall be
used--
``(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action reports
for the 2004 and 2005 hurricane seasons;
``(2) to administer compact operations on behalf of States,
as such term is defined in the compact, that have enacted the
compact;
``(3) to continue coordination with the Federal Emergency
Management Agency and appropriate Federal agencies;
``(4) to continue coordination with States and local
governments and their respective national organizations; and
``(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing the providers and the typing of
emergency response resources.
``(d) Coordination.--The Administrator of the Federal Emergency
Management Agency shall consult with the Administrator of the Emergency
Management Assistance Compact to ensure effective coordination of
efforts in responding to requests for assistance.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2016, 2017, and 2018. Such sums shall remain available
until expended.''.
(b) Repeal.--Section 661 of the Post-Katrina Emergency Management
Reform Act of 2006 (Public Law 109-295; 6 U.S.C. 761) is repealed.
SEC. 303. PHYSICAL TESTING STANDARDS FOR ELECTRIC UTILITY FACILITIES.
(a) Study.--The Administrator of the Federal Emergency Management
Agency shall conduct a study to compare the differences between--
(1) the physical testing standards that the Administrator
applies with respect to electric utility facilities as a
condition for Federal assistance; and
(2) the physical testing standards that are applied to
electric utility facilities by the electric utilities industry
and by the Rural Utilities Service of the Department of
Agriculture.
(b) Report.--Not later than 180 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 Committee
of the Senate a report on the results of the study.
(c) Funding.--The Administrator shall carry out this section using
funds available to the Administrator for management and expenses.
SEC. 304. NONPROFIT FACILITIES.
(a) Definition of Private Nonprofit Facility.--Section 102(11)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(11)(B)) is amended to read as follows:
``(B) Additional facilities.--In addition to the
facilities described in subparagraph (A), the term
`private nonprofit facility' includes any private
nonprofit facility that provides essential services of
a governmental nature to the general public (including
museums, zoos, performing arts facilities, community
arts centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shelter
workshops, public broadcasting facilities, and
facilities that provide health and safety services of a
governmental nature), as defined by the President.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by striking
``communications,'' and inserting ``communications (including public
broadcasting),''.
SEC. 305. STATUTE OF LIMITATIONS.
Section 705(a)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5205) is amended--
(1) by striking ``Except'' and inserting ``Notwithstanding
section 3716(e) of title 31, United States Code, and except'';
and
(2) by striking ``disaster or emergency'' and inserting
``project completion as certified by the grantee''.
SEC. 306. ACTION PLAN TO IMPROVE FIELD TRANSITION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate regarding the
plans the agency will undertake for the following:
(1) Consistent guidance to applicants on FEMA disaster
funding procedures during the response to an emergency.
(2) Appropriate record maintenance and transfer of
documents to new teams during staff transitions.
(3) Accurate assistance to applicants and grantees to ease
the administrative burden of obtaining and monitoring
assistance.
(b) Maintaining Records.--The report shall also include a plan for
implementing operating procedures and document retention requirements
to ensure the maintenance of appropriate records throughout the
lifecycle of the disaster.
(c) New Technologies.--Finally, the report shall identify new
technologies that further aid the disaster workforce in partnering with
State, local, and tribal governments and private nonprofits in the wake
of a disaster or emergency.
SEC. 307. SIMPLIFIED PROCEDURES.
Section 422 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189) is amended by striking ``$35,000'' and
inserting ``$1,000,000''.
SEC. 308. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by inserting ``direct and'' before
``indirect''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding''.
(B) by striking ``establish'' and inserting the
following: ``implement the following:''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The President shall award
the following rates for direct and indirect management costs to
allow grantees and subgrantees to be reimbursed up to the
following percentages of the grant award to cover direct and
indirect management costs of administering the following
programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs;
and
``(B) Repair, restoration, and replacement of
damaged facilities.--A grantee under section 406 may be
reimbursed not more than 10 percent of the total amount
of the grant award under such section of which not more
than 6 percent may be used by the grantee and 4 percent
by the subgrantee for such costs.''.
SEC. 309. DEBTS OWED TO THE UNITED STATES RELATED TO DISASTER
ASSISTANCE.
(a) Definition.--In this section, the term ``covered assistance''
means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 30, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator of the Federal Emergency
Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on
an error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against
equity and good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
SEC. 310. STATUTE OF LIMITATIONS FOR DEBTS OWED TO THE UNITED STATES
RELATED TO DISASTER ASSISTANCE.
Unless there is evidence of civil or criminal fraud, the
Administrator, on behalf of the President, shall not initiate new
administrative action in any forum to recover--
(1) payments made to an individual or household under
section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) more than 3 years
after the last date on which such payments were made; or
(2) funds owed by an individual or household for assistance
provided under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) more than
3 years after the last date on which such funds were determined
to be owed.
TITLE IV--WILDFIRE PREVENTION AND MITIGATION
SEC. 401. WILDFIRE MITIGATION ASSISTANCE.
(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a))--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Authority to Transfer.--For major disaster relief funds made
available to the Disaster Relief Fund for the specified purpose of
wildfire suppression activities on Federal lands, the Administrator of
the Federal Emergency Management Agency may authorize transfer of these
funds to the Department of Interior and the Department of Agriculture.
SEC. 402. ADDITIONAL ACTIVITIES.
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:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct the following activities to help reduce the risk
of future damage, hardship, loss, or suffering in any area affected
by--
``(1) a wildfire, including--
``(A) reseeding ground cover with quick-growing or
native species;
``(B) mulching with straw or chipped wood;
``(C) constructing straw, rock, or log dams in
small tributaries to prevent flooding;
``(D) placing logs and other erosion barriers to
catch sediment on hill slopes;
``(E) installing debris traps to modify road and
trail drainage mechanisms;
``(F) modifying or removing culverts to allow
drainage to flow freely;
``(G) adding drainage dips and constructing
emergency spillways to keep roads and bridges from
washing out during floods;
``(H) planting grass to prevent the spread of
noxious weeds;
``(I) installing warning signs;
``(J) establishing defensible space measures; and
``(K) reducing hazardous fuels; and
``(2) earthquake hazards, including--
``(A) improvements to regional seismic networks in
support of building a capability for earthquake early
warning;
``(B) improvements to geodetic networks in support
of building a capability for earthquake early warning;
or
``(C) seismometers, GPS receivers, and associated
infrastructure in support of building a capability for
earthquake early warning.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Subcommittee on Economic Development, Public Buildings and Emergency Management Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 114-436.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 114-436.
Placed on the Union Calendar, Calendar No. 333.
Mr. Barletta moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1015-1023)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1471.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1016-1020)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1016-1020)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.