H. Rept. 114-436 - FEMA DISASTER ASSISTANCE REFORM ACT OF 2015114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.1471 |
| Committees: |
H. Rept. 114-436 - 114th Congress (2015-2016)
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House Report 114-436 - FEMA DISASTER ASSISTANCE REFORM ACT OF 2015
[House Report 114-436]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-436
======================================================================
FEMA DISASTER ASSISTANCE REFORM ACT OF 2015
_______
February 29, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1471]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1471) to reauthorize the programs
and activities of the Federal Emergency Management Agency,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 11
Background and Need for Legislation.............................. 11
Hearings......................................................... 23
Legislative History and Consideration............................ 25
Committee Votes.................................................. 25
Committee Oversight Findings..................................... 25
New Budget Authority and Tax Expenditures........................ 25
Congressional Budget Office Cost Estimate........................ 25
Performance Goals and Objectives................................. 30
Advisory of Earmarks............................................. 30
Duplication of Federal Programs.................................. 30
Disclosure of Directed Rule Makings.............................. 30
Federal Mandate Statement........................................ 31
Preemption Clarification......................................... 31
Advisory Committee Statement..................................... 31
Applicability of Legislative Branch.............................. 31
Section-by-Section Analysis of Legislation....................... 31
Changes in Existing Law Made by the Bill, as Reported............ 33
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Nonprofit facilities.
Sec. 304. Statute of limitations.
Sec. 305. Action plan to improve field transition.
Sec. 306. Simplified procedures.
Sec. 307. Management costs.
Sec. 308. Debts owed to the United States related to disaster
assistance.
Sec. 309. Statute of limitations for debts owed to the United States
related to disaster assistance.
Sec. 310. Technical assistance and recommendations.
Sec. 311. Local impact.
Sec. 312. Proof of insurance.
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. 5121 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, including tax incentives, to promote
disaster cost reduction, mitigation, and recovery,
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.
The Administrator shall make the data collected pursuant to this
section publically available on the Agency's website.
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) Certain Benefits.--In the case of a death or disability, a
System member (or in the case of the death of the System member, the
System member's dependent) shall be able to apply for the Public Safety
Officers' Benefits program (as described in subpart 1 of part L of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. chapter 46, subchapter XII) if the System member meets the
requirements of a `public safety officer' as defined in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b).
``(j) 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.
``(k) 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.
``(l) 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).
``(m) 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.
``(n) 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.
``(o) 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.
``(p) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
``(q) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the System and the provisions of this section
$50,000,000 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. 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. 304. STATUTE OF LIMITATIONS.
(a) In General.--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 ``report for the disaster or emergency'' and
inserting ``report for project completion as certified by the
grantee''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or after
January 1, 2004--
(A) no administrative action may be taken to recover
a payment of such assistance after the date of
enactment of this Act if the action is prohibited under
section 705(a)(1) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5205(a)(1)), as amended by subsection (a); and
(B) any administrative action to recover a payment of
such assistance that is pending on such date of
enactment shall be terminated if the action is
prohibited under section 705(a)(1) of that Act, as
amended by subsection (a).
(2) Limitation.--This section, including the amendments made
by this section, may not be construed to invalidate or
otherwise affect any administration action completed before the
date of enactment of this Act.
SEC. 305. 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 to provide 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 throughout the process 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 to educate, assist, and inform applicants on
the status of their disaster assistance applications and projects.
SEC. 306. SIMPLIFIED PROCEDURES.
Section 422(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189) is amended--
(1) by striking ``$35,000'' the first place it appears and
inserting ``$1,000,000''; and
(2) by striking the second sentence.
SEC. 307. 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 striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``direct administrative cost, and any other
administrative expense associated with''; 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 Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect 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.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502, may be reimbursed not more than
10 percent of the total award amount under such
sections, of which not more than 6 percent may be used
by the grantee and 4 percent by the subgrantee for such
costs.''.
SEC. 308. 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.
(c) Monitoring of Covered Assistance Distributed Based on Error.--
(1) In general.--The Inspector General shall monitor the
distribution of covered assistance to individuals and
households to determine the percentage of such assistance
distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the Inspector General determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the Inspector General shall notify the
Administrator and publish the determination in the
Federal Register; and
(B) with respect to any major disaster declared by
the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) after the date of the determination,
the authority of the Administrator to waive debt under
subsection (b) shall no longer be effective.
SEC. 309. STATUTE OF LIMITATIONS FOR DEBTS OWED TO THE UNITED STATES
RELATED TO DISASTER ASSISTANCE.
Notwithstanding section 3716(g) of title 31, United States Code, and
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.
SEC. 310. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal Emergency
Management Agency shall provide technical assistance to a common
interest community that provides essential services of a governmental
nature on actions that a common interest community may take in order to
be eligible to receive reimbursement from a grantee that receives funds
from the Agency for certain activities performed after an event that
results in a disaster declaration.
(b) Recommendations.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall provide recommendations
to the House Committee on Transportation and Infrastructure and the
Senate Committee on Homeland Security and Governmental Affairs on how
common areas of condominiums and housing cooperatives may be eligible
for assistance, including any progress the Agency has made in its
explorations of this issue and the potential challenges identified
since the Agency issued its report on May 22, 2014.
SEC. 311. LOCAL IMPACT.
In making recommendations to the President regarding a major disaster
declaration, the Administrator shall give greater weight and
consideration to severe localized impact. Further, the Administrator
shall make corresponding adjustments to the Agency's policies and
regulations. Not later than 1 year after the date of enactment of this
section, the Administrator shall report to the Committees on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate on the changes made to regulations and policies and the number
of declarations that have been declared based on the new criteria.
SEC. 312. PROOF OF INSURANCE.
A State shall be deemed to have proven that an applicant has
satisfied the purchase of insurance requirements under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et. seq.) when an encumbrance requiring the purchase and maintenance of
insurance has been placed on the title of the property receiving the
benefit of the grant or assistance. This section in no way removes or
reduces the insurance requirements on an applicant under the Act and in
no way limits the requirement that assistance provided under the
Stafford Act be reduced or eliminated when the requirements are not
met.
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.''.
Purpose of Legislation
H.R. 1471, as amended, would reauthorize the programs and
activities of the Federal Emergency Management Agency (FEMA).
Background and Need for Legislation
Federal Emergency Management Agency: history and reauthorization
FEMA was established in 1979 by Executive Order 12148 by
President Jimmy Carter in response to a number of massive
disasters in the 1960's and 1970's. As a result of states
trying to manage these disasters, the National Governors
Association and others made a proposal to streamline and cut
the number of agencies states were required to work with
following a disaster. Prior to the creation of FEMA, the
federal government's emergency response mechanisms were
scattered among many agencies throughout government. The
creation of FEMA helped to centralize these authorities and the
coordination of the federal government's response to a
disaster. The Disaster Relief Act of 1974 (Public Law 93-288),
which constituted the statutory authority for most federal
disaster response activities, especially of FEMA, was later
amended by the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, also known as the Stafford Act (Public Law 100-
707). Following more than two decades as an independent agency,
the Homeland Security Act of 2002 (Public Law 107-296) created
the Department of Homeland Security (DHS), placed FEMA within
DHS, and FEMA's functions were dispersed among various offices
and directorates within DHS.
Post-Katrina Emergency Management Reform Act of 2006
In 2005, Hurricanes Katrina and Rita devastated the Gulf
Coast. Following the poor response that occurred, several
investigations and congressional hearings took place to examine
the preparation for, response to, and later recovery from these
hurricanes. In particular, the Select Bipartisan Committee to
Investigate the Preparation for and Response to Hurricane
Katrina was formed and culminated in the issuance of a report
entitled, ``A Failure of Initiative: The Final Report of the
Select Bipartisan Committee to Investigate the Preparation for
and Response to Hurricane Katrina'' on February 15, 2006.
Not long after the issuance of this report, Congress
enacted the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295) (PKEMRA), which gave FEMA clear
guidance on its mission and priorities, and provided it with
the authorities and tools needed to become a more effective and
efficient agency and a better partner to state, local,
territorial, and tribal governments. PKEMRA authorized FEMA for
the first time in legislation.
Sandy Recovery Improvement Act of 2013
On October 29, 2012, Hurricane Sandy made landfall at New
Jersey as a ``post-tropical cyclone'' with hurricane-force
winds of up to 80 mph, colliding with a nor'easter and creating
``Superstorm Sandy.'' The superstorm brought with it storm
surges of more than 11 feet, killing more than 100 people,
destroying or damaging thousands of homes, and leaving more
than eight million people without power.
In the aftermath of Superstorm Sandy, Congress enacted
reforms to the disaster recovery process as part of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2) (SRIA). The
reforms included in SRIA were based on previous Committee
hearings and investigations related to streamlining, speeding
up and reducing the costs of rebuilding following major
disasters. These reforms had also been incorporated into H.R.
2903, the FEMA Reauthorization Act of 2012, which passed the
House on September 19, 2012.
The intent of SRIA, enacted on January 29, 2013, was to
speed up and streamline Superstorm Sandy recovery efforts,
reduce costs, and improve the effectiveness of several disaster
assistance programs authorized by the Stafford Act: the Public
Assistance Program, the Individual Assistance Program, and the
Hazard Mitigation Grant Program. SRIA grants FEMA greater
flexibility to speed up recovery efforts, reduce overall costs
of projects, and reduce the administrative burden and costs.
Major reforms in SRIA included: expediting debris removal
and public assistance procedures; expediting hazard mitigation
funding to ensure mitigation is effectively incorporated in the
rebuilding process; establishing a limited dispute resolution
pilot program to resolve disputes over assistance more quickly
and drive projects to closure and avoid cost overruns;
simplifying the review for environmental and historic
requirements for rebuilding damaged infrastructure; and
providing for disaster declarations for tribal governments.
FEMA Disaster Assistance Reform Act of 2015
H.R. 1471, the FEMA Disaster Assistance Reform Act of 2015,
establishes a comprehensive study to assess disaster costs and
develop recommendations for reducing those costs, reauthorizes
FEMA's overall management and administration through fiscal
year 2018, and reauthorizes and authorizes other programs
important to disaster preparedness, response, recovery and
mitigation.
Comprehensive Study for Disaster Costs and Losses
Disaster costs and losses continue to increase and H.R.
1471 would require a complete assessment of those losses, what
is driving those losses, what federal disaster assistance is
available to individuals and the public and private sectors,
the appropriate roles of each of those parties, and what public
policy changes would result in fewer disaster losses and lower
disaster costs.
The study will be undertaken through the existing National
Advisory Council established by FEMA pursuant to section 508 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 318). The Administrator is required to appoint
additional members for the purpose of the study to ensure that
the full array of public and private sector stakeholders are
involved and contributing. The Committee does not intend for
these additional members to become permanent members of the
National Advisory Council, but are to participate fully until
the completion of the study and recommendations.
FEMA is to be wholly transparent throughout the study by
posting data, findings and other materials on their website, to
the extent that the data and information does not include
private, sensitive or secure information. Periodic updates
should be given to the Committee.
Urban Search and Rescue (USAR) System
Currently, there are 28 FEMA USAR Task Forces located
throughout the continental United States that are trained and
equipped by FEMA. These teams are comprised of firefighters,
engineers, medical professionals, canine/handler teams, and
emergency managers with special training in urban search and
rescue. These teams serve as a national resource for disaster
response and represent partnerships between state fire
departments and law enforcement agencies, federal and local
governmental entities and private companies.
Typically, the teams are trained to conduct physical search
and rescue missions in collapsed buildings, provide emergency
medical care to trapped victims, assess and control gas,
electric service and hazardous materials, and evaluate and
stabilize damaged structures. If a disaster event warrants
national USAR support, FEMA will deploy the three closest task
forces within six hours of notification and additional teams as
necessary. The role of these task forces is to support state
and local emergency responders' efforts to locate victims and
manage response operations.
Emergency Management Assistance Compact (EMAC)
EMAC is a national interstate agreement approved by
Congress that provides an effective avenue by which states can
provide one another mutual aid in the event of a disaster.
Through EMAC, a state impacted by a disaster can request and
receive assistance from other member states more quickly and
efficiently, by addressing concerns with regard to liability
and reimbursement.
Statute of Limitations
H.R. 1471 re-institutes a three year statute of limitations
and establishes that this statute shall begin to toll when each
project has been concluded. FEMA's existing regulations for
``payment of claims'' requires that each subgrantee notify the
state when all projects have been completed. The Committee
understands FEMA does not have a consistent form for how this
notification is provided. Therefore, FEMA should accept
reasonable notifications submitted to meet this requirement as
satisfaction of meeting the requirement to submit an
``expenditure report for project completion as certified by the
grantee.'' This can include a final letter indicating
completion or other written communication that funds have been
expended and the project is complete. The Committee urges FEMA
to work closely with grantees to encourage the timely closeout
of projects. The Committee also encourages FEMA to develop a
uniform process and clear guidance for grantees and subgrantees
to meet this requirement.
This legislative change should be applied to any action
FEMA has pending against a state, local or tribal government to
recover disaster assistance payments where the grantee has not
received a final agency determination (e.g., the applicant has
not exhausted all administrative remedies and their appeals
have not concluded).
Action Plan to Improve Field Transition
Even after the Hurricane Katrina investigations, multiple
Office of Inspector General and General Accountability Office
reports, and amended legislative authorities, the Committee
continues to hear about challenges with FEMA's disaster
workforce. State and local emergency managers raise concerns
about frequent turnover, the loss of paperwork, and
inconsistent guidance which results in project delays,
increased administrative expenses, frustration, and, in the
worst-cases, the loss of recovery funds that are ultimately
recouped by FEMA.
FEMA has implemented several new technologies for its full-
time managers and staff, but it does not appear that the same
efforts have been undertaken for field and temporary disaster
response personnel. The Committee requires the Administrator to
develop an action plan for issuing consistent guidance to
applicants, ensuring the maintenance of appropriate records,
and easing the administrative burden of obtaining and
monitoring assistance from FEMA. FEMA must articulate an action
plan for implementing proper operating procedures and document
retention requirements in the field to ensure the maintenance
of appropriate records throughout the lifecycle of the
disaster. Finally, FEMA must identify new technologies that
would further aid the disaster workforce in partnering with
state, local and tribal governments and private non-profits in
the wake of a disaster or emergency.
Simplified Procedures
In order to lower the cost of administering small repair
projects, Congress granted FEMA the authority to expedite
assistance based on estimates for certain projects through
simplified procedures in the Disaster Mitigation Act of 2000
(P.L. 106-390). FEMA testified on January 27, 2015, that
increasing the simplified procedures threshold would result in
lower administrative costs, faster project completions, and
eliminate federal responsibility for project cost overruns.\1\
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\1\Committee on Transportation and Infrastructure. ``Rebuilding
after the Storm: Lessening Impacts and Speeding Recovery,'' January 27,
2015.
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The Committee expects that FEMA will continue to report on
cost-effectiveness, speed of recovery, capacity of grantees,
past performance and accountability measures, as currently
required by statute.
Management Costs
The Committee expects this change to result in lower
federal costs to administer disaster programs. The Committee
requests FEMA provide periodic updates as savings are realized.
Debts Owed to the United States Related to Disaster
Assistance
In the wake of a Presidential major disaster declaration,
FEMA may provide financial assistance to individuals who have
necessary expenses and serious needs they are unable to meet by
other means through the individual and households program. To
date, FEMA has provided $1.4 billion to Hurricane Sandy
disaster survivors. While FEMA has implemented controls to
avoid improper payments, errors are made. The current error
rate for Hurricane Sandy is two percent.
H.R. 1471 grants the Administrator authority to waive debts
incurred as a result of improper payments where there is no
evidence of fraud. However, if FEMA's error rate exceeds four
percent in a 12-month period, the Administrator will no longer
have the discretion to waive the debts and they must be
enforced on a disaster by disaster basis. The Committee expects
the error rate calculation to be based on the calendar year and
that the authority to waive debts to be reinstated once the
error rate for that calendar year has been reduced below four
percent. H.R. 1471 also institutes a three year statute of
limitation ensuring that any collection actions are initiated
as quickly as possible.
Technical Assistance and Recommendations
The bill includes language to address long-standing
ambiguities in eligibility for FEMA assistance, specifically
for housing cooperatives, condominium associations, and
community associations. The Stafford Act does not include a
definition of condo or co-op. This ambiguity has led to
significant confusion about their eligibility for assistance
and made it nearly impossible for residents of condos and co-
ops to make the common areas of their buildings habitable.
Language was included in the fiscal year 2014 Homeland Security
Appropriations bill directing FEMA to advise Congress on the
eligibility of condos and co-ops for disaster assistance,
including recommendations for how Congress could change the
statute to make condos and co-ops eligible. In their response,
FEMA failed to provide Congress with any concrete
recommendations. Their response stated they were ``exploring
the program implications surrounding Stafford Act changes that
would authorize FEMA'' to assist condos and co-ops with repairs
to common areas and would need to ``explore the challenges such
a change would likely present.'' That answer was unresponsive
to Congress' question.
H.R. 1471 directs FEMA to update the House and Senate
committees on the status of those explorations and the
recommendations they have for providing FEMA assistance to
condos and co-ops for common areas after a disaster. FEMA's
answer should focus on proposed statutory changes to the
Stafford Act but also discuss administrative or regulatory
changes and guidance or internal recommendations the agency
could make to address the gap. This report will continue our
discussions with FEMA in a constructive way.
Localized Impact
In recent years, there has been more evidence of devastated
small and rural communities not receiving disaster assistance
in a fair and equitable manner compared to other, larger
communities and neighboring states.
For example, on November 17, 2013, 15 counties in Illinois
were hit by the fourth largest November tornado outbreak in the
history of the United States. The storm system produced 67
tornadoes throughout the Midwest, 24 of which touched down in
Illinois, causing widespread destruction throughout the state.
Six fatalities and at least 180 injuries resulted. The damage
in neighboring states of Missouri and Kentucky received federal
disaster assistance, but Illinois did not.
In another example from the year before, a tornado outbreak
hit the Midwest on February 28-29, 2012 causing substantial
damage in Indiana, Kentucky, Ohio and Illinois. The most
powerful tornado during this outbreak hit Harrisburg, IL which
was especially devastated after an EF-4 Tornado killed 8 people
and destroyed hundreds of buildings and homes. In this case,
FEMA declared Indiana and Kentucky federal disaster areas,
while denying disaster assistance for Ohio and Illinois.
FEMA takes into account several factors when determining
the recommendation for a major disaster declaration to the
President. However, there is currently no standard to determine
which factor is more important than another. FEMA is prohibited
by law from using a mathematical formula to determine
eligibility for a major disaster declaration.
H.R. 1471 directs the Administrator to give greater weight
and consideration to severe localized impact in making
recommendations to the President for public and individual
assistance through a major disaster declaration.
Proof of Insurance
Recipients of FEMA hazard mitigation assistance to mitigate
structures are required to obtain and maintain flood insurance
to protect the federal investment in that property. Each state
is required to show FEMA evidence that the required insurance
has been obtained and maintained by the grant recipients. H.R.
1471 allows for the state to use an encumbered title in
satisfaction of the required documentation to illustrate that
the insurance requirement is being enforced. The title for
property receiving the benefit of the hazard mitigation grant
must carry a requirement that flood insurance be purchased and
maintained in perpetuity.
H.R. 1471 in no way reduces or removes the flood insurance
requirement. FEMA will continue to reduce or eliminate future
disaster assistance for specific properties that have failed to
meet the requirement to purchase and maintain flood insurance.
Wildfire Prevention, Suppression and Mitigation
The Predictive Services of the National Interagency Fire
Center predicts many areas of the Nation will experience above
normal wildland fire potential in 2015. At the beginning of
2015, the Center noted that some areas of the country remain in
states of extreme to exceptional drought. In addition, many
areas experienced low snowfall during the winter of 2014-2015.
Combining the low snowpack and extreme drought with the higher
than average temperatures predicted for April through June and
a likely result is increased wildfires this season.
According to data from federal and state agencies, in 2014
there were 63,212 wildfires that burned approximately 3.6
million acres. In 2013, approximately 47,579 wildfires on state
and federal lands burned over 4.3 million acres of land, sixty-
eight percent (approximately 2.9 million acres) of which were
federal lands. Data indicates that during 1983 to 2014, the
number of reported wildfires has remained constant while the
number of acres burned has steadily increased.
FEMA's Fire Management Assistance Grant (FMAG) program
provides a tool to help states and local governments respond to
wildfires and prevent them from becoming major disasters. FMAG
provides aid in responding to the fire, but does not fund
mitigation or recovery operations. After a fire has been
extinguished, the after-effects can still threaten a community.
For example, wildfires make communities more vulnerable to
flash floods and mudslides caused by rainstorms. State and
local jurisdictions can take actions to prevent flooding,
mudslides and future wildfires, such as installing erosion and
flood barriers, re-seeding burned ground, re-planting trees,
and creating defensible space to protect chronically at-risk
structures. Unfortunately, states that receive grants from FMAG
do not receive increased hazard mitigation assistance to help
communities protect themselves from the threat of post-wildfire
flooding, mudslides, or future fires. The Committee believes
that States should receive hazard mitigation assistance from
FEMA when a fire triggers FMAG assistance. The Committee urges
FEMA to encourage states receiving increased hazard mitigation
assistance, because it received a FMAG, to allocate this
assistance to help communities that were affected by the
wildfires that were covered by the grant.
In addition, the Committee notes that in many states
located in the western part of the Nation, the federal
government is often one of the largest landowners. For example,
in the State of Oregon forty-eight percent, or thirty million
acres, of the State's sixty-three million acres are forest
lands. Of the thirty million acres of forest lands, sixty
percent are owned by the federal government. The federal
government, through the Forest Service at the Department of
Agriculture and the Department of the Interior, is responsible
for suppressing wildfires on federal lands while states are
responsible for fighting fires on state and private lands.
Wildfire suppression on Federal lands is funded through
wildfire management accounts at both the Forest Service within
the Department of Agriculture and the Department of Interior.
For fiscal years 2011 through 2015, the combined amount
appropriated by Congress to these two agencies for wildfire
management averaged $3.3 billion per year. These suppression
accounts fund activities, such as firefighter salaries,
aviation asset operations, incident support functions,
temporary emergency firefighters, and aircraft flight
operations that help to suppress fires that threaten lives and
property. Between fiscal years 2012 to 2014, suppression
obligations accounted for 22 percent to 30 percent of the
Forest Service's total obligations.
Both agencies use a ten-year suppression average to
estimate the amount requested annually. Although the estimates
have fallen short in some years, the estimates are used by
Congress to determine how much to fund wildfire suppression.
When all wildfire suppression funds have been used, both
agencies are authorized to transfer funds from other programs
and accounts if necessary to continue funding wildfire
suppression. Typically, the accounts borrowed from are
replenished in the following fiscal year's appropriations act.
But the borrowing that occurs when wildfire suppression funds
have been depleted impacts the agencies' other programs, as
well as affects local governments and tribes. In a 2004 report,
GAO noted the negative impact transferring funds from other
accounts has on the ability of the agencies to fulfill their
other mission as well as on the agencies' relationships with
State, local, and tribal governments.
Earthquake Hazard Mitigation
Over the last five years, there have been at least six
catastrophic earthquakes globally. On May 12 and April 25,
2015, just two weeks apart, a 7.3 magnitude earthquake and a
7.8 magnitude earthquake struck Nepal. On March 11, 2011, a 9.0
magnitude earthquake jolted Honshu, Japan. In 2010, there were
two powerful earthquakes within a month of each other--the
January 12 earthquake in Haiti and the February 27, 8.8
magnitude earthquake in Chile. Combined, these earthquakes
caused hundreds of thousands of deaths and injuries and a
tremendous amount of property damage. Some caused tsunamis that
washed away towns and resulted in damage in other countries.
Here in the United States, the most recent devastating
earthquakes were over 20 years ago in California: the October
17, 1989, Loma Prieta 6.9 earthquake, which resulted in 63
deaths and thousands of injuries and the January 17, 1994,
Northridge 6.7 earthquake, which resulted in 57 deaths, more
than 5,000 injured, and an estimated $20 billion in property
damage.
Every state has the potential for earthquakes, and the
Geological Survey estimates that ``42 of the 50 states have a
reasonable chance of experiencing damaging ground shaking from
an earthquake in 50 years (the typical lifetime of a
building).''\2\ Earthquakes pose a national challenge because
75 million Americans live in areas of significant seismic risk.
Unlike hurricanes, tornados, and other storms, earthquakes
strike without warning and may trigger devastating secondary
effects, such as landslides, fires, tsunamis, and nuclear
meltdowns. The damage wrought by earthquakes has a significant
impact on people, infrastructure, and the economy.
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\2\ http://www.usgs.gov/blogs/features/usgs_top_story/new-insight-
on-the-nations-earthquake-hazards/
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H.R. 1471 clarifies that activities to help reduce the risk
of future damage, hardship, loss or suffering in an area
affected by earthquake hazards are eligible for hazard
mitigation grant program assistance from FEMA. The Committee
urges FEMA to encourage states at high risk from earthquake
hazards to allocate hazard mitigation assistance to communities
to conduct activities to reduce potential earthquake damage and
loss. More specifically, the Committee clarifies that hazard
mitigation assistance may be used to improve regional seismic
and geodetic networks in support of building a capability for
earthquake early warning, include seismometers, GPS receivers,
and associated infrastructure.
Other issues
Fuel Delivery in the Wake of Disasters
The lack of accessible aviation, diesel and unleaded fuel
in the first hours of disasters, such as Hurricane Katrina and
Superstorm Sandy, results in delayed response times for first
responders and other critical resources. After action reports
from each of these incidents identify the lack of
uncontaminated mobile fuel as one of the biggest challenges
throughout the entire disaster response, yet little has been
done to address the issue in a substantive manner.
FEMA's current model of providing bulk fuel to its regions
to meet fuel demands during disasters has proved woefully
inadequate. To address this shortfall, the 2006 White House
Report on ``Hurricane Katrina Lessons Learned'' specifically
stated: ``FEMA's pre-positioned supplies proved inadequate to
meet these demands throughout the region after landfall.'' The
same report highlighted the consequence: ``Emergency responders
conducting life-saving operations demanded additional supplies
and fuel.'' The situation during Hurricane Sandy was no better
as multiple C-130 aircraft were used to fly fuel supplies into
the region when FEMA efforts proved insufficient.
The Committee requests a briefing from FEMA on the policies
and procedures enacted, or progress made, to address these
critical shortcomings in its preparedness and how it intends to
make mobile aviation, diesel and unleaded fuel available during
disasters within the first 72-hours and throughout the duration
of the response and recovery period. The Committee would also
like to hear the specific steps FEMA is taking to develop
doctrine that will, among other things, aid in the development
of policies and procedures that allow for the effective
accountability of mobile fuel distribution assets including
real-time tracking and monitoring of fuel levels and
distribution rates as well as how contaminated fuel in the
affected area can be filtered, transported and distributed
within affected areas throughout disaster recovery.
Office of National Capital Region Coordination
The Committee finds that unlike other parts of the country,
a disaster in the National Capital Region affects not a city or
a region, but the Nation itself because the National Capital
Region is the seat of the federal government, including the
Capitol, the Supreme Court, the White House, the headquarters
of its agencies, and many secure facilities and iconic
monuments. Even after the terrorist attacks of September 11,
2001, which targeted the National Capital Region, the region
has faced several unprecedented emergencies, including the so-
called ``snowmageddon'' in 2010 that shut down the region for
days, the earthquake of 2011, Hurricane Sandy, the Navy Yard
shooting on September 16, 2013, and other emergencies that have
affected the federal government as a whole. These emergencies
have also impacted public and private entities in Maryland, the
District of Columbia, and Virginia, including residents and
visitors. Major natural disasters and terrorist attacks
occurring anywhere in the National Capital Region require a
significant coordinated response.
The Committee recognizes that for this reason, Congress, in
the wake of 9/11, created the Office of National Capital Region
Coordination (ONCRC), now located under FEMA. The ONCRC helps
develop and coordinate strategic plans to improve the National
Capital Region's ability to prevent, prepare for, respond to,
and recover from natural disasters and terrorist attacks. The
term ``National Capital Region'' is defined in section
2674(f)(2) of title 10 of the United States Code as the
geographic area located within the boundaries of the District
of Columbia; Montgomery and Prince George's Counties in the
State of Maryland; Arlington, Fairfax, Loudon, and Prince
William Counties and the City of Alexandria in the Commonwealth
of Virginia; and all cities and local units of government in
these geographic areas.
The Committee is concerned that on July 2, 2013, FEMA
announced that it would realign the ONCRC and relocate the
office to the FEMA Region 3 office in Philadelphia, PA,
hundreds of miles away. Not only was this decision wholly
inconsistent with legislative direction provided by Congress,
but the proposed realignment was developed without any
stakeholder input. The realignment also proposed to reduce
ONCRC staff and budget by over 30 percent. This move would
weaken this office, which has been under scrutiny for years for
failing to meet its mission of assisting emergency management
officials in the National Capital Region. For example, a recent
GAO report found that the ONCRC failed to assist regional
officials in developing performance measures or in identifying
funding for preparedness investments.
Congress was so concerned by this proposal that it directed
FEMA to cease all realignment activities, assess the office,
and develop a plan for meeting the statutory mandate of the
ONCRC, as laid out in the Homeland Security Act. The Committee
requests FEMA fully inform it of any proposed restructuring
before the office is relocated.
Flooding on Agricultural lands
The Committee understands that some areas of the Wallkill
River in New York are subject to frequent and severe flooding,
resulting in billions of dollars in damage. Orange County, New
York has sought to use hazard mitigation funds, made available
through the Disaster Relief Appropriations Act, to mitigate
this flood issue. The Committee requests FEMA to determine
which funds may be used to assist these communities in their
mitigation efforts, including but not limited to the funds
available through the Disaster Relief Appropriations Act.
Issues in Indian country
Disasters that occur in Indian country often involve lands
administered by the Department of the Interior (DOI). Many DOI
agencies may have resources available that could be used to
assist in disaster response and recovery. The Committee has
received testimony indicating that better coordination between
FEMA and DOI agencies, specifically the Bureau of Indian
Affairs, could improve response and immediate recovery
operations to future disasters in Indian country, specifically
coordination in acquisition of response and recovery supplies
and resources. The Committee encourages FEMA to enter into
Memoranda of Agreements or revisit existing protocols with DOI
to ensure that appropriate accounting, reimbursement
mechanisms, and other issues are in place for Indian tribes to
obtain the necessary supplies they may need in future
disasters.
The Committee has also received testimony indicating that
confusion exists among regional FEMA personnel regarding
disaster that occur on tribal lands. Specifically, when FEMA
calculates initial damage thresholds to determine whether a
disaster declaration should be made or the type of assistance
to provide improvements and structures on lands held in trust
for Indian tribes are being excluded. The Committee urges FEMA
to provide guidance to regional FEMA personnel clarifying that
improvements and structures on Indian trust land should be
included in calculating all applicable damages thresholds.
Disaster Declarations
The Committee understands that when the regional
administrators of FEMA recommend disapproval of a major
disaster declaration request (pursuant to 44 CFR 206.37) the
rationale behind such recommendation may not be available to
the requesting Governor. The Committee urges FEMA to provide
such rationale to the relevant Governor(s) for the purposes of
ensuring there is appropriate transparency in the process and
an understanding on the part of the Governor in making
determinations associated with future disasters.
Guidance to States on Emergency Declaration
The Stafford Act, as originally drafted and carefully
amended to maintain, ensures that FEMA has broad authority and
flexibility to assist state, tribal and local governments in
the wake of a disaster or emergency, when necessary. In the
past year, the Nation has seen multiple scenarios that are
poised to challenge the federal government's traditional
definitions of disasters and emergencies, as well as the
assistance that might be eligible under the Stafford Act
programs. The Committee recommends that FEMA develop clear
guidance to inform states on how to work with FEMA in these
``nontraditional'' events and, when necessary, what information
should be included in a disaster or emergency request. FEMA
should also include in that guidance information on specific
assistance that may be available or eligible for reimbursement,
as lessons are learned from these responses.
For example, in January 2014, a chemical leaked into the
Elk River near Charleston, West Virginia. While the President
issued an emergency declaration, it was limited to direct
federal assistance. It was clear from the response that this
was a unique situation for FEMA. Over time, FEMA has developed
its rules, regulations and guidance based on other
``traditional'' types of incidents requiring emergency
declarations, and, as a result FEMA interpreted its rules,
regulations and guidance during the Elk River chemical leak in
a limited and narrow manner. The Committee recommends FEMA
ensure that its rules, regulations, and guidance are
interpreted in manner that makes it possible to provide
disaster assistance to local governments who are addressing the
unique challenges of something like a chemical spill. For
example, the State of West Virginia is very concerned that they
were unable to obtain reimbursements for the costs to test the
water to ensure the safety of local residents. This sort of
assistance would likely have been viewed as an eligible,
reimbursable expense under other declarations. The unique
nature of the Elk River chemical spill should also be viewed by
FEMA as a case study in how to respond to future chemical
spills nationwide, whether intentional or otherwise.
Report on Disaster Resistant Construction
The Committee requests FEMA report to the Committee on
specific guidance for disaster resistant construction
techniques intended to reduce the impact of major disasters or
hazards. The report should focus on the methods that can be
employed to create disaster resistant communities to reduce
loss of life and property and should include a summary of
existing guidance and policies, the hazards against which they
are intended to mitigate, and, FEMA's process for reviewing and
updating its guidance. In addition, the report should make use
of existing Building Science Branch guidance and identify any
gaps that exist. The Committee further believes it is important
to ensure such guidance is readily available to key
stakeholders. The Committee requests that the report be made
available to all state governments to ensure such guidance can
be considered and applied where appropriate.
Pre-Disaster Mitigation
The Committee continues to support the Pre-Disaster
Mitigation (PDM) program to reduce the costs of future
disasters. The Congressional Budget Office and the National
Institute of Building Sciences concluded in separate studies
that mitigation projects significantly reduce disaster losses
and future federal disaster spending. Pre-disaster Mitigation
grant projects are particularly cost effective because they are
selected through a national competitive process. As a result,
PDM projects are most likely to result in the largest
reductions in federal flood insurance and disaster payments.
Mitigation Policies and Planning
The Committee remains committed to smart mitigation
policies. The Committee expects FEMA to require mitigation
plans based on cost-beneficial projects that are established
through measurable, reliable, empirical data. The amount of
available mitigation funding is significantly less than the
number of potential projects and should be directed towards
projects with the highest cost benefit rates.
The Committee is concerned about FEMA's recently issued
policy, ``Limits on Subsurface Uses of Hazard Mitigation
Assistance Acquired Lands'' (FP 302-405-46-1). This policy
limits the ability of owners of repetitive flood loss
properties to participate in home buyout programs. Home buyouts
have the highest cost to benefit ratio because FEMA's program
completely and permanently removes structures from harm's way
to eliminate future disaster payments for those properties.
Disaster Resilient Universities Network
Colleges and universities are critical to the economic
health of their surrounding communities. Often serving as
regional if not national hubs for innovation and research,
their ability to resume operations quickly following a disaster
greatly speeds the recovery of the entire community. In 2000,
six schools participated in the FEMA Disaster Resistant
Universities pilot initiative. The intent of FEMA's initiative
was to support university efforts to reduce and manage
vulnerability to hazards. The pilot initiative yielded a grant
program and a how-to guide focused on mitigation and risk
reduction. The grant program was short-lived--there was only
one funding cycle, and fewer than 20 schools received grant
funding for campus mitigation planning.
Several institutions of higher education kept the core
concept of the Disaster Resilient Universities (DRU) alive.
They saw the need for a practical, peer-to-peer network to
support emergency management and disaster planning on their
campuses. In 2005, the University of Oregon started the
Disaster Resilient Universities (DRU) listserv with 35 members.
The listserv quickly became the cornerstone of the DRU Network
and served as a multidisciplinary, practitioner-based
communication resource. The goal was simple: facilitate open
communication, discussion, and resource sharing among
university and college practitioners charged with making the
Nation's campuses more disaster resilient. As of 2015, there
are over 1,200 members on the DRU listserv.
The DRU concept has continued to evolve over time. Key to
the evolution was the formation of the University and College
Caucus (UCC) under the International Association of Emergency
Managers. The DRU Network and UCC have developed a number of
tools and resources on a peer-to-peer multidisciplinary basis.
These include: DRU listserv and repository; Annual University
and College Caucus workshop; regional DRU summits;
practitioner-based training and course development in
partnership with FEMA Emergency Management Institute; standards
and resilience crosswalk tool; higher education guidance for
the Emergency Management Accreditation Program, and DRU
incident tracking system.
Over the past year, the International Association of
Emergency Managers--Universities and College Caucus and
Disaster Resilient Universities network has been working to
develop the first National Intercollegiate Mutual Aid
Agreement. The National Intercollegiate Mutual Aid Agreement
among colleges and universities will provide a peer-to-peer
network for institutions of higher education to coordinate
assistance and share resources during emergencies. The
Committee recognizes this as a positive step forward to
protecting the mission of our nation's universities and
colleges and commends the DRU and UCC for advancing disaster
resilience on our nation's campuses.
Hearings
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 1471 during the 112th, 113th, and 114th Congresses:
``Improving the Nation's Response to Catastrophic
Disasters: How to Minimize Costs and Streamline our Emergency
Management Programs'' held on March 30, 2011. The purpose of
the hearing was to examine preparedness and response as it
related to catastrophic disasters in the wake of the earthquake
in Japan and how costs could be minimized and the process
streamlined.
``FEMA Reauthorization and Cutting the Red Tape in
Recovery'' held on July 14, 2011. The purpose of the hearing
was to examine the issues of communities recovering from a
disaster in the context of FEMA reauthorization.
``FEMA Reauthorization: Recovering Quicker and Smarter''
held on September 18, 2013. The purpose of the hearing was to
review recovery efforts to Hurricane Sandy, the tornadoes in
Oklahoma and other disasters to ensure effective coordination
among federal, state, tribal, and local agencies in helping
communities to recover in a quicker and smarter way.
``FEMA Reauthorization: Ensuring the Nation is Prepared''
held on October 2, 2013. The purpose of the hearing was to
examine FEMA's IPAWS and USAR System to evaluate the need for
reform legislation in the context of a proposed reauthorization
of FEMA.
``Disaster Mitigation: Reducing Costs and Saving Lives''
held on April 3, 2014. The purpose of the hearing was to review
how disaster mitigation programs can save lives, reduce damage
to property, and reduce costs at all levels, including costs to
communities and individual property owners, and focus on how
the federal government can encourage the utilization of these
mitigation efforts at the state and local levels.
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
``What is Driving the Increasing Costs and Rising Losses
from Disasters?'' held on March 18, 2015. The purpose of the
roundtable was to examine and discuss data related to disaster
costs, the trends observed over time, and the projections for
the future given the policies in place today.
``Pacific Northwest Seismic Hazards: Planning and Preparing
for the Next Disaster'' held on May 19, 2015. The purpose of
the hearing was to assess FEMA's role in earthquake hazard
preparedness, mitigation, response, and recovery, and to
examine the efforts of the Pacific Northwest and seismic hazard
experts to reduce disaster impacts and build stronger
communities.
``The State of Pennsylvania and FEMA Region III are Leaders
in Mitigating Disaster Costs and Losses'' held on May 28, 2015.
The purpose of the roundtable was to examine disaster costs and
losses, focus on hazards impacting Pennsylvania and the region,
and identify best practices for mitigating and avoiding
disaster impacts.
``Federal Disaster Assistance: Roles, Programs and
Coordination'' held on June 17, 2015. The purpose of the
roundtable was to examine and discuss federal disaster
assistance programs, the requirements and effectiveness of
those programs, and coordination among various agencies and
stakeholders.
Legislative History and Consideration
On March 19, 2015, Subcommittee on Economic Development,
Public Buildings, and Emergency Management Chairman Lou
Barletta (R-PA) introduced H.R. 1471, a bill to reauthorize the
programs and activities of the FEMA, along with Subcommittee
Ranking Member Andre Carson (D-IN), Chairman Bill Shuster (R-
PA) and Ranking Member Peter DeFazio (D-OR).
On April 15, 2015, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1471. The
Committee considered two amendments--the amendment offered by
Jeff Denham (R-CA) was offered and withdrawn. The Committee
adopted one amendment by voice vote--a manager's amendment
offered by Subcommittee Chairman Lou Barletta (R-PA). The
Committee ordered the bill, as amended, reported favorably to
the House by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 1471, as amended, or ordering the
measure reported. A motion to order H.R. 1471, as amended,
reported favorably to the House was agreed to by voice vote
with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1471, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 9, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1471, the FEMA
Disaster Assistance Reform Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1471--FEMA Disaster Assistance Reform Act of 2015
Summary: H.R. 1471 would authorize appropriations totaling
$3.1 billion for the Federal Emergency Management Agency (FEMA)
over the 2016-2018 period, CBO estimates. Those authorizations
include about $2.8 billion for FEMA salaries and expenses. H.R.
1471 also would expand the availability of assistance for
mitigating hazards related to wildfires. Based on historical
spending patterns, CBO estimates that implementing the
legislation would cost about $3 billion over the 2016-2020
period, assuming appropriation of the necessary amounts.
Enacting this legislation would affect direct spending;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that there would be no net effect on direct spending
over the 2016-2025 period. Enacting the bill would not affect
revenues.
H.R. 1471 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), by eliminating an existing right to seek compensation
for damages and by requiring employers to allow members of the
urban search and rescue (US&R) response system to reclaim their
jobs upon completing a deployment to a disaster. Based on
information from FEMA, CBO estimates that the cost to comply
with the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($77 million and $154 million, respectively, in 2015,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1471 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
FEMA Salaries and Expenses
Authorization Level....................... 947 947 947 0 0 2,841
Estimated Outlays......................... 758 947 947 189 0 2,841
US&R Response System
Authorization Level....................... 50 50 50 0 0 150
Estimated Outlays......................... 35 50 50 15 0 150
EMAC Grants
Authorization Level....................... 2 2 2 0 0 6
Estimated Outlays......................... 2 2 2 * 0 6
Offset of Reduced Recoupment
Estimated Authorization Level............. 12 8 5 0 0 25
Estimated Outlays......................... 7 8 7 2 1 25
Wildfire Mitigation
Estimated Authorization Level............. 6 6 6 6 6 30
Estimated Outlays......................... * 2 3 5 6 16
Total Changes
Estimated Authorization Level......... 1,017 1,013 1,010 6 6 3,052
Estimated Outlays..................... 802 1,009 1,009 212 6 3,038
CHANGES IN DIRECT SPENDINGa
Forgone Recoveries of Improper Payments
Estimated Budget Authority................ 12 8 5 0 0 25
Estimated Outlays......................... 12 8 5 0 0 25
Reduced Spending of Forgone Recoveries
Estimated Budget Authority................ -12 -8 -5 0 0 -25
Estimated Outlays......................... -7 -8 -7 -2 -1 -25
Net Change
Estimated Budget Authority............ 0 0 0 0 0 0
Estimated Outlays..................... 5 * -2 -2 -1 0
----------------------------------------------------------------------------------------------------------------
aEnacting the bill would not affect direct spending in years after 2020.
Note: FEMA = Federal Emergency Management Agency; US&R = Urban Search and Rescue; EMAC = Emergency Management
Assistance Compact; * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2015,
that the specified and estimated amounts will be appropriated
for each year, and that outlays will follow historical patterns
for the affected programs.
Changes in spending subject to appropriation
In total, CBO estimates that implementing the bill would
cost about $3 billion over the 2016-2020 period, assuming
appropriation of the authorized and estimated amounts.
FEMA Salaries and Expenses. FEMA is the federal
government's lead agency in preparing for, protecting against,
responding to, and recovering from all hazards, including
natural disasters, acts of terrorism, and other man-made
disasters. For fiscal year 2015, the Congress appropriated $899
million for salaries and expenses of the agency. H.R. 1471
would authorize the appropriation of $947 million for each of
fiscal years 2016 through 2018 for those expenses. CBO
estimates that total spending for FEMA's salaries and expenses
would total about $2.8 billion over the 2016-2020 period.
Urban Search and Rescue Response System. The legislation
would authorize the appropriation of $50 million in each of
fiscal years 2016 through 2018 for the US&R Response System. In
2015 $35 million was appropriated for this system. The US&R
Response System consists of multiple task forces that assist
local responders in the location, extrication, and initial
medical stabilization of victims trapped in confined spaces.
The funding authorized for those purposes would be used to
staff and train the task forces and to maintain the equipment
used in training and responding to a disaster. The bill also
would direct FEMA to establish a national network of rescue and
response resources and to enter into cooperative agreements
with sponsoring agencies to reimburse costs incurred to operate
the US&R Response System. CBO estimates that implementing this
provision would cost $150 million over the next five years.
Emergency Management Assistance Compact (EMAC) Grants. H.R.
1471 would authorize the appropriation of $2 million in each of
fiscal years 2016 through 2018 for grants to administer and
coordinate activities under EMAC; those amounts are similar to
the funding provided in recent years. EMAC is an agreement for
interstate mutual-aid that enables member states to share
resources during a declared disaster and is currently
administered by the National Emergency Management Association
(NEMA), a private association representing state emergency
management directors. CBO estimates that providing grants to
NEMA and EMAC participants would cost $6 million over 2016-2020
period.
Additional Spending for Forgone Recoveries of Improper
Payments. H.R. 1471 would give FEMA the discretion to waive the
repayment of improper payments provided through the Individuals
and Households Program (IHP) in cases where the agency was at
fault, but not in cases involving fraud or misrepresentation by
the recipient. Under the bill, if the estimated rate of
improper payments reaches 4 percent of IHP spending, the
authority to waive those repayments would expire. The bill also
would prevent FEMA from seeking to recoup improper payments
provided through IHP after 3 years, unless there is evidence of
fraud.
Based on information from FEMA about the rate of improper
IHP payments, and amounts that FEMA is expected to recoup (and
spend) from amounts appropriated for IHP in previous years, CBO
estimates that offsetting receipts and related direct spending
would decline by $25 million over the 2016-2020 period. Because
direct spending would decline by an estimated $25 million over
the next 3 years, an increase in appropriations of the same
amount would be necessary to cover expected disaster relief
payments.
Wildfire Mitigation. H.R. 1471 would authorize assistance
for hazard mitigation in areas affected by wildfires. Under
current law, FEMA may provide hazard mitigation funds to areas
where the President has declared a major disaster. Under the
bill, FEMA would be authorized to provide funds to areas
affected by wildfires, regardless of whether the President has
declared a major disaster. Based on information provided by
FEMA, CBO estimates that providing additional funds would
require about $6 million annually, and would cost $16 million
over the 2016-2020 period.
Changes in direct spending
Under current law, FEMA is required to recoup any improper
payments made during the course of providing disaster
assistance. Improper payments can result from, among other
things, duplication of benefits (for example, receipt of two
insurance payments for the same damage), processing errors, or
fraud. Upon notification from FEMA, recipients of improper
payments must repay those amounts in full, set up a payment
plan, or request that FEMA waive all or part of the repayment
based on their ability to pay. If payment is not received, the
Treasury Department assumes responsibility for collecting the
debt (along with any applicable interest and fee charges)
through federal and state payment deductions, administrative
wage garnishment, or referral to a private collection agency.
All payments received through the recoupment process are
deposited in FEMA's Disaster Relief Fund (DRF); those funds are
available to spend in response to future disasters without
further appropriation.
H.R. 1471 would give FEMA the discretion to waive the
repayment of improper payments provided through the Individuals
and Households Program (IHP) in cases where the agency was at
fault, but not in cases involving fraud or misrepresentation by
the recipient. Under the bill, if the estimated rate of
improper payments reaches 4 percent of IHP spending, then the
authority to waive those repayments would expire. The bill also
would prevent FEMA from seeking recoupment of improper payments
provided through IHP after 3 years, unless there is evidence of
fraud.
Based on information from FEMA about the rate of improper
IHP payments, and amounts that FEMA is expected to recoup (and
spend) from amounts appropriated for IHP in previous years, CBO
estimates that enacting those provisions would reduce
offsetting receipts by $25 million over the 2016-2018 period.
Those forgone receipts would be offset by a reduction in direct
spending of the same amount; thus, there would be no net effect
on direct spending over the 2016-2025 period.
H.R. 1471 also would affect the recoupment of payments from
future appropriations for IHP. Based on information provided by
FEMA, CBO estimates those amounts would total around $5 million
dollars annually and would be offset over time by equivalent
reductions in spending. Recent historical rates of improper
payments have averaged almost 2 percent of IHP payments; recent
HIP payments, excluding large disasters such as Hurricane
Sandy, have averaged about $230 million a year. Any recouped
amounts from improper IHP payments would be contingent on
future appropriations, consequently no subsequent reductions in
offsetting receipts or direct spending would be attributed to
H.R. 1471.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1471 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON APRIL I5, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2015-2020 2015-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 5 0 -2 -2 -I 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 1471
would impose intergovernmental and private-sector mandates as
defined in UMRA. CBO estimates that the cost to comply with the
mandates by state, local, and tribal governments and the
private sector would fall below the annual thresholds
established in UMRA for such mandates ($77 million and $154
million, respectively, in 2015, adjusted annually for
inflation).
Under current law, members of search and rescue task forces
have protection from tort liability when participating in
federal preparedness activities. The bill would expand that
protection to include training exercises. Such protection would
impose a mandate because it would eliminate an existing right
to seek compensation for damages. According to FEMA, no claims
for damage have been filed regarding a training exercise, nor
does the agency expect that any such claims would be filed
under current law. Therefore, CBO estimates that the costs, if
any, of this mandate would be minimal.
The bill also would require employers to allow task force
members who are deployed to a disaster to reclaim their jobs
upon completion of their service. According to FEMA, there are
currently about 5,500 workers in the system; the duration of
deployment is usually less than one month; and in general, most
employers currently allow workers to reclaim their positions.
Thus, CBO estimates that the cost for public and private-sector
employers to comply with the mandate would fall below the
annual thresholds.
Estimate prepared by: Federal costs: Martin von Gnechten;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to reauthorize the programs and activities of FEMA.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1471, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the GAO to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee finds that enacting H.R. 1471, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1471, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
H.R. 1471, as amended, requires a comprehensive study of
disaster costs and losses through the existing National
Advisory Council, as established pursuant to section 508 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
318). H.R. 1471, as amended, also codifies an existing advisory
committee for the Urban Search and Rescue System within the
meaning of section 5(b) of the Federal Advisory Committee Act
(FACA) and provides for any costs associated with such
committee be provided for from the amounts authorized in the
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
Section-by-Section Analysis of Legislation
Section 1: Short title; table of contents
Section 1 designates the short title as the ``FEMA Disaster
Assistance Reform Act of 2015.''
TITLE I--FEMA REAUTHORIZATION
Section 101: Reauthorization of the Federal Emergency Management Agency
(FEMA)
This section reauthorizes FEMA through Fiscal Year 2018 at
$947 million each year, consistent with current funding levels.
TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES
Section 201: Comprehensive study of disaster costs and losses
This section directs the National Advisory Council to
undertake a comprehensive study into the trends related to
disaster assistance, costs and losses and provide
recommendations to reduce the costs related to these events.
TITLE III--STAFFORD ACT AND OTHER PROGRAMS
Section 301: Reauthorization of Urban Search and Rescue Response System
(USAR)
This section reauthorizes the USAR Response System at $50
million through fiscal year 2018. This section also codifies
the current USAR Response System in statute and clarifies
liabilities and compensation issues related to participants in
the System.
This section is intended to codify workers' compensation
and tort liability protections for the USAR system. It also
provides protections under the Uniformed Services Employment
and Reemployment Rights Act (USERRA) and establishes licensing
protection.
Section 302: Reauthorization of Emergency Management Assistance Compact
Grants
This section reauthorizes the Emergency Management
Assistance Compacts (EMAC) Grants at $2 million each year
through fiscal year 2018, consistent with current funding
levels.
Section 303: Nonprofit facilities
This section clarifies existing eligibility of certain
facilities for disaster assistance, including towers, antennas,
transmitters, translators, and the structures and buildings
that house such facilities.
Section 304: Statute of limitations
This section reinstates the three-year statute of
limitations on FEMA's ability to reclaim funds, based on a
change in policy determination, after a state or local
government has spent the funds on previously-determined
eligible projects and when there is no evidence of fraud, waste
or abuse.
Section 305: Action plan to improve field transition
This section directs the Administrator to 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.
Section 306: Simplified procedures
This section raises the Public Assistance small projects
threshold to $1 million.
Section 307: Management costs
This section establishes fixed rates to reimburse states
and local government for direct and indirect administrative
costs incurred to implement disaster recovery projects.
Section 308: Debts owed to the United States related to disaster
assistance
This section re-establishes the authority to waive the
collection of certain debts from individuals where it was clear
that the collection of those debts would be against equity and
good conscience.
Section 309: Statute of limitations for debts owed to the United States
related to disaster assistance
This section re-establishes a three-year statute of
limitation for the identification and collection of funds from
individuals that received disaster assistance, where there is
no evidence of fraud, waste, or abuse.
Section 310: Technical assistance and recommendations
This section directs the Administrator of FEMA to provide
technical assistance to common interest communities on actions
the common interest community may take to be eligible for
certain disaster assistance. This section also requires the
Administrator of FEMA to provide recommendations on how common
areas of condominiums and housing cooperatives may be eligible
for disaster assistance.
Section 311: Local impact
This section directs the Administrator of FEMA to give
greater weight and consideration to severe localized impacts
when making major disaster declaration recommendations to the
President.
Section 312: Proof of insurance
This section allows for a State to have met FEMA's proof of
insurance requirements for an individual property owner when
the title to that property has been encumbered requiring the
purchase and maintenance of insurance.
TITLE IV--WILDFIRE PREVENTION AND MITIGATION
Section 401: Wildfire assistance
This section authorizes mitigation funds related to fire
management assistance.
Section 402: Additional activities
This section clarifies the eligibility of certain
mitigation activities related to wildfires and earthquakes.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 2--ADDITIONAL PREPAREDNESS
[SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
[(a) In General.--The Administrator may make grants to
administer the Emergency Management Assistance Compact
consented to by the Joint Resolution entitled ``Joint
Resolution granting the consent of Congress to the Emergency
Management Assistance Compact'' (Public Law 104-321; 110 Stat.
3877).
[(b) Uses.--A grant under this section shall be used--
[(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action
reports for the 2004 and 2005 hurricane season;
[(2) to administer compact operations on behalf of
all member States and territories;
[(3) to continue coordination with the Agency and
appropriate Federal agencies;
[(4) to continue coordination with State, local, and
tribal government entities and their respective
national organizations; and
[(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing emergency response
providers and the typing of emergency response
resources.
[(c) Coordination.--The Administrator shall consult with the
Administrator of the Emergency Management Assistance Compact to
ensure effective coordination of efforts in responding to
requests for assistance.
[(d) Authorization.--There is authorized to be appropriated
to carry out this section $4,000,000 for fiscal year 2008. Such
sums shall remain available until expended.]
* * * * * * *
Subtitle G--Authorization of Appropriations
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title and the amendments made by this title for the
[administration and operations] management and administration
of the Agency--
(1) for fiscal year 2008, an amount equal to the
amount appropriated for fiscal year 2007 for
[administration and operations] management and
administration of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the
amount described in paragraph (1), multiplied by 1.1[;
and]
(3) for fiscal year 2010, an amount equal to the
amount described in paragraph (2), multiplied by
1.1[.]; and
(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.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS
* * * * * * *
definitions
Sec. 102. As used in this Act--
(1) Emergency.-- ``Emergency'' means any occasion or
instance for which, in the determination of the
President, Federal assistance is needed to supplement
State and local efforts and capabilities to save lives
and to protect property and public health and safety,
or to lessen or avert the threat of a catastrophe in
any part of the United States.
(2) Major disaster.-- ``Major disaster'' means any
natural catastrophe (including any hurricane, tornado,
storm, high water, winddriven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought), or, regardless of
cause, any fire, flood, or explosion, in any part of
the United States, which in the determination of the
President causes damage of sufficient severity and
magnitude to warrant major disaster assistance under
this Act to supplement the efforts and available
resources of States, local governments, and disaster
relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby.
(3) ``United States'' means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(4) ``State'' means any State of the United States,
the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(5) ``Governor'' means the chief executive of any
State.
(6) Indian tribal government.--The term ``Indian
tribal government'' means the governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a et seq.).
(7) Individual with a disability.--The term
``individual with a disability'' means an individual
with a disability as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)).
(8) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, or agency or instrumentality of a local
government;
(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or
organization, that is not an Indian tribal
government as defined in paragraph (6); and
(C) a rural community, unincorporated town or
village, or other public entity, for which an
application for assistance is made by a State
or political subdivision of a State.
(9) ``Federal agency'' means any department,
independent establishment, Government corporation, or
other agency of the executive branch of the Federal
Government, including the United States Postal Service,
but shall not include the American National Red Cross.
(10) Public facility.-- ``Public facility'' means the
following facilities owned by a State or local
government:
(A) Any flood control, navigation,
irrigation, reclamation, public power, sewage
treatment and collection, water supply and
distribution, watershed development, or airport
facility.
(B) Any non-Federal-aid street, road, or
highway.
(C) Any other public building, structure, or
system, including those used for educational,
recreational, or cultural purposes.
(D) Any park.
(11) Private nonprofit facility.--
(A) In general.--The term ``private nonprofit
facility'' means private nonprofit educational,
utility, irrigation, emergency, medical,
rehabilitational, and temporary or permanent
custodial care facilities (including those for
the aged and disabled) and facilities on Indian
reservations, as defined by the President.
[(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,
and facilities that provide health and safety
services of a governmental nature), as defined
by the President.]
(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.
(12) Chief executive.--The term ``Chief Executive''
means the person who is the Chief, Chairman, Governor,
President, or similar executive official of an Indian
tribal government.
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
SEC. 322. MITIGATION PLANNING.
(a) Requirement of Mitigation Plan.--As a condition of
receipt of an increased Federal share for hazard mitigation
measures under subsection (e), a State, local, or tribal
government shall develop and submit for approval to the
President a mitigation plan that outlines processes for
identifying the natural hazards, risks, and vulnerabilities of
the area under the jurisdiction of the government.
(b) Local and Tribal Plans.--Each mitigation plan developed
by a local or tribal government shall--
(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) State Plans.--The State process of development of a
mitigation plan under this section shall--
(1) identify the natural hazards, risks, and
vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and
tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that
the State will support, as resources become available.
(d) Funding.--
(1) In general.--Federal contributions under section
404 may be used to fund the development and updating of
mitigation plans under this section.
(2) Maximum federal contribution.--With respect to
any mitigation plan, a State, local, or tribal
government may use an amount of Federal contributions
under section 404 not to exceed 7 percent of the amount
of such contributions available to the government as of
a date determined by the government.
(e) Increased Federal Share for Hazard Mitigation Measures.--
(1) In general.--If, at the time of the declaration
of a major disaster or event under section 420, a State
has in effect an approved mitigation plan under this
section, the President may increase to 20 percent, with
respect to the major disaster or event under section
420, the maximum percentage specified in the last
sentence of section 404(a).
(2) Factors for consideration.--In determining
whether to increase the maximum percentage under
paragraph (1), the President shall consider whether the
State has established--
(A) eligibility criteria for property
acquisition and other types of mitigation
measures;
(B) requirements for cost effectiveness that
are related to the eligibility criteria;
(C) a system of priorities that is related to
the eligibility criteria; and
(D) a process by which an assessment of the
effectiveness of a mitigation action may be
carried out after the mitigation action is
complete.
* * * * * * *
SEC. 324. MANAGEMENT COSTS.
(a) Definition of Management Cost.--In this section, the term
``management cost'' includes any indirect cost, [any
administrative expense, and any other expense not directly
chargeable to] direct administrative cost, and any other
administrative expense associated with a specific project under
a major disaster, emergency, or disaster preparedness or
mitigation activity or measure.
(b) Establishment of Management Cost Rates.--
[Notwithstanding]
(1) In general._Notwithstanding any other provision
of law (including any administrative rule or guidance),
the President shall by regulation [establish] implement
the following: management cost rates, for grantees and
subgrantees, that shall be used to determine
contributions under this Act for management costs.
(2) Specific management costs.--The Administrator
shall provide the following percentage rates, in
addition to the eligible project costs, to cover direct
and indirect 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.
(B) Public assistance.--A grantee under
sections 403, 406, 407, and 502, may be
reimbursed not more than 10 percent of the
total award amount under such sections, of
which not more than 6 percent may be used by
the grantee and 4 percent by the subgrantee for
such costs.
(c) Review.--The President shall review the management cost
rates established under subsection (b) not later than 3 years
after the date of establishment of the rates and periodically
thereafter.
* * * * * * *
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) Certain Benefits.--In the case of a death or disability,
a System member (or in the case of the death of the System
member, the System member's dependent) shall be able to apply
for the Public Safety Officers' Benefits program (as described
in subpart 1 of part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. chapter 46, subchapter
XII) if the System member meets the requirements of a ``public
safety officer'' as defined in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).
(j) 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.
(k) 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.
(l) 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).
(m) 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.
(n) 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.
(o) 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.
(p) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
(q) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out the System and the provisions
of this section $50,000,000 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.
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 404. HAZARD MITIGATION.
(a) In General.--The President may contribute up to 75
percent of the cost of hazard mitigation measures which the
President has determined are cost-effective and which
substantially reduce the risk of future damage, hardship, loss,
or suffering in any area affected by a major disaster, or any
area affected by a fire for which assistance was provided under
section 420. Such measures shall be identified following the
evaluation of natural hazards under section 322 and shall be
subject to approval by the President. Subject to section 322,
the total of contributions under this section for a major
disaster or event under section 420 shall not exceed 15 percent
for amounts not more than $2,000,000,000, 10 percent for
amounts of more than $2,000,000,000 and not more than
$10,000,000,000, and 7.5 percent on amounts of more than
$10,000,000,000 and not more than $35,333,000,000 of the
estimated aggregate amount of grants to be made (less any
associated administrative costs) under this Act with respect to
the major disaster or event under section 420.
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the Administrator of the Federal
Emergency Management Agency may provide property
acquisition and relocation assistance for projects that
meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) the applicant for the assistance is
otherwise eligible to receive assistance under
the hazard mitigation grant program established
under subsection (a); and
(B) on or after the date of enactment of this
subsection, the applicant for the assistance
enters into an agreement with the Administrator
that provides assurances that--
(i) any property acquired, accepted,
or from which a structure will be
removed pursuant to the project will be
dedicated and maintained in perpetuity
for a use that is compatible with open
space, recreational, or wetlands
management practices;
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) a public facility that is
open on all sides and
functionally related to a
designated open space;
(II) a rest room; or
(III) a structure that the
Administrator approves in
writing before the commencement
of the construction of the
structure; and
(iii) after receipt of the
assistance, with respect to any
property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program--
(I) no subsequent application
for additional disaster
assistance for any purpose will
be made by the recipient to any
Federal entity; and
(II) no assistance referred
to in subclause (I) will be
provided to the applicant by
any Federal source.
(3) Statutory construction.--Nothing in this
subsection is intended to alter or otherwise affect an
agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect
on the day before the date of enactment of this
subsection.
(c) Program Administration by States.--
(1) In general.--A State desiring to administer the
hazard mitigation grant program established by this
section with respect to hazard mitigation assistance in
the State may submit to the President an application
for the delegation of the authority to administer the
program.
(2) Criteria.--The President, in consultation and
coordination with States and local governments, shall
establish criteria for the approval of applications
submitted under paragraph (1). Until such time as the
Administrator promulgates regulations to implement this
paragraph, the Administrator may waive notice and
comment rulemaking, if the Administrator determines
doing so is necessary to expeditiously implement this
section, and may carry out this section as a pilot
program. The criteria shall include, at a minimum--
(A) the demonstrated ability of the State to
manage the grant program under this section;
(B) there being in effect an approved
mitigation plan under section 322; and
(C) a demonstrated commitment to mitigation
activities.
(3) Approval.--The President shall approve an
application submitted under paragraph (1) that meets
the criteria established under paragraph (2).
(4) Withdrawal of approval.--If, after approving an
application of a State submitted under paragraph (1),
the President determines that the State is not
administering the hazard mitigation grant program
established by this section in a manner satisfactory to
the President, the President shall withdraw the
approval.
(5) Audits.--The President shall provide for periodic
audits of the hazard mitigation grant programs
administered by States under this subsection.
(d) Streamlined Procedures.--
(1) In general.--For the purpose of providing
assistance under this section, the President shall
ensure that--
(A) adequate resources are devoted to ensure
that applicable environmental reviews under the
National Environmental Policy Act of 1969 and
historic preservation reviews under the
National Historic Preservation Act are
completed on an expeditious basis; and
(B) the shortest existing applicable process
under the National Environmental Policy Act of
1969 and the National Historic Preservation Act
is utilized.
(2) Authority for other expedited procedures.--The
President may utilize expedited procedures in addition
to those required under paragraph (1) for the purpose
of providing assistance under this section, such as
procedures under the Prototype Programmatic Agreement
of the Federal Emergency Management Agency, for the
consideration of multiple structures as a group and for
an analysis of the cost-effectiveness and fulfillment
of cost-share requirements for proposed hazard
mitigation measures.
(e) Advance Assistance.--The President may provide not more
than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant
under this section before eligible costs are incurred.
(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.
* * * * * * *
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) Contributions.--
(1) In general.--The President may make
contributions--
(A) to a State or local government for the
repair, restoration, reconstruction, or
replacement of a public facility damaged or
destroyed by a major disaster and for
associated expenses incurred by the government;
and
(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit
facility damaged or destroyed by a major
disaster for the repair, restoration,
reconstruction, or replacement of the facility
and for associated expenses incurred by the
person.
(2) Associated expenses.--For the purposes of this
section, associated expenses shall include--
(A) the costs of mobilizing and employing the
National Guard for performance of eligible
work;
(B) the costs of using prison labor to
perform eligible work, including wages actually
paid, transportation to a worksite, and
extraordinary costs of guards, food, and
lodging; and
(C) base and overtime wages for the employees
and extra hires of a State, local government,
or person described in paragraph (1) that
perform eligible work, plus fringe benefits on
such wages to the extent that such benefits
were being paid before the major disaster.
(3) Conditions for assistance to private nonprofit
facilities.--
(A) In general.--The President may make
contributions to a private nonprofit facility
under paragraph (1)(B) only if--
(i) the facility provides critical
services (as defined by the President)
in the event of a major disaster; or
(ii) the owner or operator of the
facility--
(I) has applied for a
disaster loan under section
7(b) of the Small Business Act
(15 U.S.C. 636(b)); and
(II)(aa) has been determined
to be ineligible for such a
loan; or
(bb) has obtained such a loan
in the maximum amount for which
the Small Business
Administration determines the
facility is eligible.
(B) Definition of critical services.--In this
paragraph, the term ``critical services''
includes power, water (including water provided
by an irrigation organization or facility),
sewer, wastewater treatment, [communications,]
communications (including public broadcasting),
education, and emergency medical care.
(4) Notification to congress.--Before making any
contribution under this section in an amount greater
than $20,000,000, the President shall notify--
(A) the Committee on Environment and Public
Works of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
(b) Federal Share.--
(1) Minimum federal share.--Except as provided in
paragraph (2), the Federal share of assistance under
this section shall be not less than 75 percent of the
eligible cost of repair, restoration, reconstruction,
or replacement carried out under this section.
(2) Reduced federal share.--The President shall
promulgate regulations to reduce the Federal share of
assistance under this section to not less than 25
percent in the case of the repair, restoration,
reconstruction, or replacement of any eligible public
facility or private nonprofit facility following an
event associated with a major disaster--
(A) that has been damaged, on more than one
occasion within the preceding 10-year period,
by the same type of event; and
(B) the owner of which has failed to
implement appropriate mitigation measures to
address the hazard that caused the damage to
the facility.
(c) Large In-Lieu Contributions.--
(1) For public facilities.--
(A) In general.--In any case in which a State
or local government determines that the public
welfare would not best be served by repairing,
restoring, reconstructing, or replacing any
public facility owned or controlled by the
State or local government, the State or local
government may elect to receive, in lieu of a
contribution under subsection (a)(1)(A), a
contribution in an amount equal to 90 percent
of the Federal share of the Federal estimate of
the cost of repairing, restoring,
reconstructing, or replacing the facility and
of management expenses.
(B) Use of funds.--Funds contributed to a
State or local government under this paragraph
may be used--
(i) to repair, restore, or expand
other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation
measures that the State or local
government determines to be necessary
to meet a need for governmental
services and functions in the area
affected by the major disaster.
(C) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
(i) any public facility located in a
regulatory floodway (as defined in
section 59.1 of title 44, Code of
Federal Regulations (or a successor
regulation)); or
(ii) any uninsured public facility
located in a special flood hazard area
identified by the Administrator of the
Federal Emergency Management Agency
under the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.).
(2) For private nonprofit facilities.--
(A) In general.--In any case in which a
person that owns or operates a private
nonprofit facility determines that the public
welfare would not best be served by repairing,
restoring, reconstructing, or replacing the
facility, the person may elect to receive, in
lieu of a contribution under subsection
(a)(1)(B), a contribution in an amount equal to
75 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and
of management expenses.
(B) Use of funds.--Funds contributed to a
person under this paragraph may be used--
(i) to repair, restore, or expand
other selected private nonprofit
facilities owned or operated by the
person;
(ii) to construct new private
nonprofit facilities to be owned or
operated by the person; or
(iii) to fund hazard mitigation
measures that the person determines to
be necessary to meet a need for the
person's services and functions in the
area affected by the major disaster.
(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
(i) any private nonprofit facility
located in a regulatory floodway (as
defined in section 59.1 of title 44,
Code of Federal Regulations (or a
successor regulation)); or
(ii) any uninsured private nonprofit
facility located in a special flood
hazard area identified by the
Administrator of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(d) Flood Insurance.--
(1) Reduction of federal assistance.--If a public
facility or private nonprofit facility located in a
special flood hazard area identified for more than 1
year by the Administrator pursuant to the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is
damaged or destroyed, after the 180th day following the
date of the enactment of the Disaster Relief and
Emergency Assistance Amendments of 1988, by flooding in
a major disaster and such facility is not covered on
the date of such flooding by flood insurance, the
Federal assistance which would otherwise be available
under this section with respect to repair, restoration,
reconstruction, and replacement of such facility and
associated expenses shall be reduced in accordance with
paragraph (2).
(2) Amount of reduction.--The amount of a reduction
in Federal assistance under this section with respect
to a facility shall be the lesser of--
(A) the value of such facility on the date of
the flood damage or destruction, or
(B) the maximum amount of insurance proceeds
which would have been payable with respect to
such facility if such facility had been covered
by flood insurance under the National Flood
Insurance Act of 1968 on such date.
(3) Exception.--Paragraphs (1) and (2) shall not
apply to a private nonprofit facility which is not
covered by flood insurance solely because of the local
government's failure to participate in the flood
insurance program established by the National Flood
Insurance Act.
(4) Dissemination of information.--The President
shall disseminate information regarding the reduction
in Federal assistance provided for by this subsection
to State and local governments and the owners and
operators of private nonprofit facilities who may be
affected by such a reduction.
(e) Eligible Cost.--
(1) Determination.--
(A) In general.--For the purposes of this
section, the President shall estimate the
eligible cost of repairing, restoring,
reconstructing, or replacing a public facility
or private nonprofit facility--
(i) on the basis of the design of the
facility as the facility existed
immediately before the major disaster;
and
(ii) in conformity with codes,
specifications, and standards
(including floodplain management and
hazard mitigation criteria required by
the President or under the Coastal
Barrier Resources Act (16 U.S.C. 3501
et seq.)) applicable at the time at
which the disaster occurred.
(B) Cost estimation procedures.--
(i) In general.--Subject to paragraph
(2), the President shall use the cost
estimation procedures established under
paragraph (3) to determine the eligible
cost under this subsection.
(ii) Applicability.--The procedures
specified in this paragraph and
paragraph (2) shall apply only to
projects the eligible cost of which is
equal to or greater than the amount
specified in section 422.
(2) Modification of eligible cost.--
(A) Actual cost greater than ceiling
percentage of estimated cost.--In any case in
which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under
this section is greater than the ceiling
percentage established under paragraph (3) of
the cost estimated under paragraph (1), the
President may determine that the eligible cost
includes a portion of the actual cost of the
repair, restoration, reconstruction, or
replacement that exceeds the cost estimated
under paragraph (1).
(B) Actual cost less than estimated cost.--
(i) Greater than or equal to floor
percentage of estimated cost.--In any
case in which the actual cost of
repairing, restoring, reconstructing,
or replacing a facility under this
section is less than 100 percent of the
cost estimated under paragraph (1), but
is greater than or equal to the floor
percentage established under paragraph
(3) of the cost estimated under
paragraph (1), the State or local
government or person receiving funds
under this section shall use the excess
funds to carry out cost-effective
activities that reduce the risk of
future damage, hardship, or suffering
from a major disaster.
(ii) Less than floor percentage of
estimated cost.--In any case in which
the actual cost of repairing,
restoring, reconstructing, or replacing
a facility under this section is less
than the floor percentage established
under paragraph (3) of the cost
estimated under paragraph (1), the
State or local government or person
receiving assistance under this section
shall reimburse the President in the
amount of the difference.
(C) No effect on appeals process.--Nothing in
this paragraph affects any right of appeal
under section 423.
(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after the date of the enactment of this
paragraph, the President, acting through the
Administrator of the Federal Emergency
Management Agency, shall establish an expert
panel, which shall include representatives from
the construction industry and State and local
government.
(B) Duties.--The expert panel shall develop
recommendations concerning--
(i) procedures for estimating the
cost of repairing, restoring,
reconstructing, or replacing a facility
consistent with industry practices; and
(ii) the ceiling and floor
percentages referred to in paragraph
(2).
(C) Regulations.--Taking into account the
recommendations of the expert panel under
subparagraph (B), the President shall
promulgate regulations that establish--
(i) cost estimation procedures
described in subparagraph (B)(i); and
(ii) the ceiling and floor
percentages referred to in paragraph
(2).
(D) Review by president.--Not later than 2
years after the date of promulgation of
regulations under subparagraph (C) and
periodically thereafter, the President shall
review the cost estimation procedures and the
ceiling and floor percentages established under
this paragraph.
(E) Report to congress.--Not later than 1
year after the date of promulgation of
regulations under subparagraph (C), 3 years
after that date, and at the end of each 2-year
period thereafter, the expert panel shall
submit to Congress a report on the
appropriateness of the cost estimation
procedures.
(4) Special rule.--In any case in which the facility
being repaired, restored, reconstructed, or replaced
under this section was under construction on the date
of the major disaster, the cost of repairing,
restoring, reconstructing, or replacing the facility
shall include, for the purposes of this section, only
those costs that, under the contract for the
construction, are the owner's responsibility and not
the contractor's responsibility.
* * * * * * *
SEC. 420. FIRE MANAGEMENT ASSISTANCE.
(a) In General.--The President is authorized to provide
assistance, including grants, equipment, supplies, and
personnel, to any State or local government for the mitigation,
management, and control of any fire on public or private forest
land or grassland that threatens such destruction as would
constitute a major disaster.
(b) Coordination With State and Tribal Departments of
Forestry.--In providing assistance under this section, the
President shall coordinate with State and tribal departments of
forestry.
(c) Essential Assistance.--In providing assistance under this
section, the President may use the authority provided under
section 403.
(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.
[(d)] (e) Rules and Regulations.--The President shall
prescribe such rules and regulations as are necessary to carry
out this section.
* * * * * * *
SEC. 422. SIMPLIFIED PROCEDURE.
(a) In General.--If the Federal estimate of the cost of--
(1) repairing, restoring, reconstructing, or
replacing under section 406 any damaged or destroyed
public facility or private nonprofit facility,
(2) emergency assistance under section 403 or 502, or
(3) debris removed under section 407,
is less than [$35,000] $1,000,000 (or, if the Administrator has
established a threshold under subsection (b), the amount
established under subsection (b)), the President (on
application of the State or local government or the owner or
operator of the private nonprofit facility) may make the
contribution to such State or local government or owner or
operator under section 403, 406, 407, or 502, as the case may
be, on the basis of such Federal estimate. [Such $35,000 amount
or, if applicable, the amount established under subsection (b),
shall be adjusted annually to reflect changes in the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.]
(b) Threshold.--
(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the President, acting
through the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator''), shall--
(A) complete an analysis to determine whether
an increase in the threshold for eligibility
under subsection (a) is appropriate, which
shall include consideration of cost-
effectiveness, speed of recovery, capacity of
grantees, past performance, and accountability
measures; and
(B) 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 regarding the analysis conducted under
subparagraph (A).
(2) Amount.--After the Administrator submits the
report required under paragraph (1), the President
shall direct the Administrator to--
(A) immediately establish a threshold for
eligibility under this section in an
appropriate amount, without regard to chapter 5
of title 5, United States Code; and
(B) adjust the threshold annually to reflect
changes in the Consumer Price Index for all
Urban Consumers published by the Department of
Labor.
(3) Review.--Not later than 3 years after the date on
which the Administrator establishes a threshold under
paragraph (2), and every 3 years thereafter, the
President, acting through the Administrator, shall
review the threshold for eligibility under this
section.
* * * * * * *
TITLE VI--EMERGENCY PREPAREDNESS
* * * * * * *
Subtitle A--Powers and Duties
* * * * * * *
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.
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) Statute of Limitations.--
(1) In general.--[Except] Notwithstanding section
3716(e) of title 31, United States Code, and except as
provided in paragraph (2), no administrative action to
recover any payment made to a State or local government
for disaster or emergency assistance under this Act
shall be initiated in any forum after the date that is
3 years after the date of transmission of the final
expenditure [report for the disaster or emergency]
report for project completion as certified by the
grantee.
(2) Fraud exception.--The limitation under paragraph
(1) shall apply unless there is evidence of civil or
criminal fraud.
(b) Rebuttal of Presumption of Record Maintenance.--
(1) In general.--In any dispute arising under this
section after the date that is 3 years after the date
of transmission of the final expenditure report for the
disaster or emergency, there shall be a presumption
that accounting records were maintained that adequately
identify the source and application of funds provided
for financially assisted activities.
(2) Affirmative evidence.--The presumption described
in paragraph (1) may be rebutted only on production of
affirmative evidence that the State or local government
did not maintain documentation described in that
paragraph.
(3) Inability to produce documentation.--The
inability of the Federal, State, or local government to
produce source documentation supporting expenditure
reports later than 3 years after the date of
transmission of the final expenditure report shall not
constitute evidence to rebut the presumption described
in paragraph (1).
(4) Right of access.--The period during which the
Federal, State, or local government has the right to
access source documentation shall not be limited to the
required 3-year retention period referred to in
paragraph (3), but shall last as long as the records
are maintained.
(c) Binding Nature of Grant Requirements.--A State or local
government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if--
(1) the payment was authorized by an approved
agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
* * * * * * *
Subchapter I--GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) a civil officer or employee in any branch
of the Government of the United States,
including an officer or employee of an
instrumentality wholly owned by the United
States;
(B) an individual rendering personal service
to the United States similar to the service of
a civil officer or employee of the United
States, without pay or for nominal pay, when a
statute authorizes the acceptance or use of the
service, or authorizes payment of travel or
other expenses of the individual;
(C) an individual, other than an independent
contractor or an individual employed by an
independent contractor, employed on the
Menominee Indian Reservation in Wisconsin in
operations conducted under a statute relating
to tribal timber and logging operations on that
reservation;
(D) an individual employed by the government
of the District of Columbia; [and]
(E) an individual appointed to a position on
the office staff of a former President under
section 1(b) of the Act of August 25, 1958 (72
Stat. 838);
(F) an individual selected pursuant to
chapter 121 of title 28, [United States Code,]
and serving as a petit or grand juror; and
(G) an individual who is a System member of
the National Urban Search and Rescue Response
System during a period of appointment into
Federal service pursuant to section 327 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
but does not include--
(i) a commissioned officer of the Regular
Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve
Corps of the Public Health Service on active
duty;
(iii) a commissioned officer of the
Environmental Science Services Administration;
or
(iv) a member of the Metropolitan Police or
the Fire Department of the District of Columbia
who is pensioned or pensionable under sections
521-535 of title 4, District of Columbia Code;
and
(2) ``physician'' includes surgeons, podiatrists,
dentists, clinical psychologists, optometrists,
chiropractors, and osteopathic practitioners within the
scope of their practice as defined by State law. The
term ``physician'' includes chiropractors only to the
extent that their reimbursable services are limited to
treatment consisting of manual manipulation of the
spine to correct a subluxation as demonstrated by X-ray
to exist, and subject to regulation by the Secretary;
(3) ``medical, surgical, and hospital services and
supplies'' includes services and supplies by
podiatrists, dentists, clinical psychologists,
optometrists, chiropractors, osteopathic practitioners
and hospitals within the scope of their practice as
defined by State law. Reimbursable chiropractic
services are limited to treatment consisting of manual
manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist, and subject to
regulation by the Secretary;
(4) ``monthly pay'' means the monthly pay at the time
of injury, or the monthly pay at the time disability
begins, or the monthly pay at the time compensable
disability recurs, if the recurrence begins more than 6
months after the injured employee resumes regular full-
time employment with the United States, whichever is
greater, except when otherwise determined under section
8113 of this title with respect to any period;
(5) ``injury'' includes, in addition to injury by
accident, a disease proximately caused by the
employment, and damage to or destruction of medical
braces, artificial limbs, and other prosthetic devices
which shall be replaced or repaired, and such time lost
while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would
not be replaced, repaired, or otherwise compensated
for, unless the damages or destruction is incident to a
personal injury requiring medical services;
(6) ``widow'' means the wife living with or dependent
for support on the decedent at the time of his death,
or living apart for reasonable cause or because of his
desertion;
(7) ``parent'' includes stepparents and parents by
adoption;
(8) ``brother'' and ``sister'' mean one who at the
time of the death of the employee is under 18 years of
age or over that age and incapable of self-support, and
include stepbrothers and stepsisters, half brothers and
half sisters, and brothers and sisters by adoption, but
do not include married brothers or married sisters;
(9) ``child'' means one who at the time of the death
of the employee is under 18 years of age or over that
age and incapable of self-support, and includes
stepchildren, adopted children, and posthumous
children, but does not include married children;
(10) ``grandchild'' means one who at the time of the
death of the employee is under 18 years of age or over
that age and incapable of self-support;
(11) ``widower'' means the husband living with or
dependent for support on the decedent at the time of
her death, or living apart for reasonable cause or
because of her desertion;
(12) ``compensation'' includes the money allowance
payable to an employee or his dependents and any other
benefits paid for from the Employees' Compensation
Fund, but this does not in any way reduce the amount of
the monthly compensation payable for disability or
death;
(13) ``war-risk hazard'' means a hazard arising
during a war in which the United States is engaged;
during an armed conflict in which the United States is
engaged, whether or not war has been declared; or
during a war or armed conflict between military forces
of any origin, occurring in the country in which an
individual to whom this subchapter applies is serving;
from--
(A) the discharge of a missile, including
liquids and gas, or the use of a weapon,
explosive, or other noxious thing by a hostile
force or individual or in combating an attack
or an imagined attack by a hostile force or
individual;
(B) action of a hostile force or individual,
including rebellion or insurrection against the
United States or any of its allies;
(C) the discharge or explosion of munitions
intended for use in connection with a war or
armed conflict with a hostile force or
individual;
(D) the collision of vessels on convoy or the
operation of vessels or aircraft without
running lights or without other customary
peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a
zone of hostilities or engaged in war
activities;
(14) ``hostile force or individual'' means a nation,
a subject of a foreign nation, or an individual serving
a foreign nation--
(A) engaged in a war against the United
States or any of its allies;
(B) engaged in armed conflict, whether or not
war has been declared, against the United
States or any of its allies; or
(C) engaged in a war or armed conflict
between military forces of any origin in a
country in which an individual to whom this
subchapter applies is serving;
(15) ``allies'' means any nation with which the
United States is engaged in a common military effort or
with which the United States has entered into a common
defensive military alliance;
(16) ``war activities'' includes activities directly
relating to military operations;
(17) ``student'' means an individual under 23 years
of age who has not completed 4 years of education
beyond the high school level and who is regularly
pursuing a full-time course of study or training at an
institution which is--
(A) a school or college or university
operated or directly supported by the United
States, or by a State or local government or
political subdivision thereof;
(B) a school or college or university which
has been accredited by a State or by a State-
recognized or nationally recognized accrediting
agency or body;
(C) a school or college or university not so
accredited but whose credits are accepted, on
transfer, by at least three institutions which
are so accredited, for credit on the same basis
as if transferred from an institution so
accredited; or
(D) an additional type of educational or
training institution as defined by the
Secretary of Labor.
Such an individual is deemed not to have ceased to be a
student during an interim between school years if the
interim is not more than 4 months and if he shows to
the satisfaction of the Secretary that he has a bona
fide intention of continuing to pursue a full-time
course of study or training during the semester or
other enrollment period immediately after the interim
or during periods of reasonable duration during which,
in the judgment of the Secretary, he is prevented by
factors beyond his control from pursuing his education.
A student whose 23rd birthday occurs during a semester
or other enrollment period is deemed a student until
the end of the semester or other enrollment period;
(18) ``price index'' means the Consumer Price Index
(all items - United States city average) published
monthly by the Bureau of Labor Statistics; and
(19) ``organ'' means a part of the body that performs
a special function, and for purposes of this subchapter
excludes the brain, heart, and back; and
(20) ``United States medical officers and hospitals''
includes medical officers and hospitals of the Army,
Navy, Air Force, Department of Veterans Affairs, and
United States Public Health Service, and any other
medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of
Labor.
* * * * * * *
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TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Subchapter I--GENERAL
* * * * * * *
Sec. 4303. Definitions
For the purposes of this chapter--
(1) The term ``Attorney General'' means the Attorney
General of the United States or any person designated
by the Attorney General to carry out a responsibility
of the Attorney General under this chapter.
(2) The term ``benefit'', ``benefit of employment'',
or ``rights and benefits'' means the terms, conditions,
or privileges of employment, including any advantage,
profit, privilege, gain, status, account, or interest
(including wages or salary for work performed) that
accrues by reason of an employment contract or
agreement or an employer policy, plan, or practice and
includes rights and benefits under a pension plan, a
health plan, an employee stock ownership plan,
insurance coverage and awards, bonuses, severance pay,
supplemental unemployment benefits, vacations, and the
opportunity to select work hours or location of
employment.
(3) The term ``employee'' means any person employed
by an employer. Such term includes any person who is a
citizen, national, or permanent resident alien of the
United States employed in a workplace in a foreign
country by an employer that is an entity incorporated
or otherwise organized in the United States or that is
controlled by an entity organized in the United States,
within the meaning of section 4319(c) of this title.
(4)(A) Except as provided in subparagraphs (B) and
(C), the term ``employer'' means any person,
institution, organization, or other entity that pays
salary or wages for work performed or that has control
over employment opportunities, including--
(i) a person, institution, organization, or
other entity to whom the employer has delegated
the performance of employment-related
responsibilities;
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person,
institution, organization, or other entity
referred to in this subparagraph; and
(v) a person, institution, organization, or
other entity that has denied initial employment
in violation of section 4311.
(B) In the case of a National Guard technician
employed under section 709 of title 32, the term
``employer'' means the adjutant general of the State in
which the technician is employed.
(C) Except as an actual employer of employees, an
employee pension benefit plan described in section 3(2)
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(2)) shall be deemed to be an employer
only with respect to the obligation to provide benefits
described in section 4318.
(D)(i) Whether the term ``successor in interest''
applies with respect to an entity described in
subparagraph (A) for purposes of clause (iv) of such
subparagraph shall be determined on a case-by-case
basis using a multi-factor test that considers the
following factors:
(I) Substantial continuity of business
operations.
(II) Use of the same or similar facilities.
(III) Continuity of work force.
(IV) Similarity of jobs and working
conditions.
(V) Similarity of supervisory personnel.
(VI) Similarity of machinery, equipment, and
production methods.
(VII) Similarity of products or services.
(ii) The entity's lack of notice or awareness of a
potential or pending claim under this chapter at the
time of a merger, acquisition, or other form of
succession shall not be considered when applying the
multi-factor test under clause (i).
(5) The term ``Federal executive agency'' includes
the United States Postal Service, the Postal Regulatory
Commission, any nonappropriated fund instrumentality of
the United States, any Executive agency (as that term
is defined in section 105 of title 5) other than an
agency referred to in section 2302(a)(2)(C)(ii) of
title 5, and any military department (as that term is
defined in section 102 of title 5) with respect to the
civilian employees of that department.
(6) The term ``Federal Government'' includes any
Federal executive agency, the legislative branch of the
United States, and the judicial branch of the United
States.
(7) The term ``health plan'' means an insurance
policy or contract, medical or hospital service
agreement, membership or subscription contract, or
other arrangement under which health services for
individuals are provided or the expenses of such
services are paid.
(8) The term ``notice'' means (with respect to
subchapter II) any written or verbal notification of an
obligation or intention to perform service in the
uniformed services provided to an employer by the
employee who will perform such service or by the
uniformed service in which such service is to be
performed.
(9) The term ``qualified'', with respect to an
employment position, means having the ability to
perform the essential tasks of the position.
(10) The term ``reasonable efforts'', in the case of
actions required of an employer under this chapter,
means actions, including training provided by an
employer, that do not place an undue hardship on the
employer.
(11) Notwithstanding section 101, the term
``Secretary'' means the Secretary of Labor or any
person designated by such Secretary to carry out an
activity under this chapter.
(12) The term ``seniority'' means longevity in
employment together with any benefits of employment
which accrue with, or are determined by, longevity in
employment.
(13) The term ``service in the uniformed services''
means the performance of duty on a voluntary or
involuntary basis in a uniformed service under
competent authority and includes active duty, active
duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty,
a period for which a person is absent from a position
of employment for the purpose of an examination to
determine the fitness of the person to perform any such
duty, a period for which a System member of the
National Urban Search and Rescue Response System is
absent from a position of employment due to an
appointment into Federal service under section 327 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and a period for which a person is
absent from employment for the purpose of performing
funeral honors duty as authorized by section 12503 of
title 10 or section 115 of title 32.
(14) The term ``State'' means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and other territories of the United States
(including the agencies and political subdivisions
thereof).
(15) The term ``undue hardship'', in the case of
actions taken by an employer, means actions requiring
significant difficulty or expense, when considered in
light of--
(A) the nature and cost of the action needed
under this chapter;
(B) the overall financial resources of the
facility or facilities involved in the
provision of the action; the number of persons
employed at such facility; the effect on
expenses and resources, or the impact otherwise
of such action upon the operation of the
facility;
(C) the overall financial resources of the
employer; the overall size of the business of
an employer with respect to the number of its
employees; the number, type, and location of
its facilities; and
(D) the type of operation or operations of
the employer, including the composition,
structure, and functions of the work force of
such employer; the geographic separateness,
administrative, or fiscal relationship of the
facility or facilities in question to the
employer.
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, System members of the National Urban Search
and Rescue Response System during a period of
appointment into Federal service under section 327 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and any other category of persons
designated by the President in time of war or national
emergency.
* * * * * * *
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