[Pages H1015-H1023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FEMA DISASTER ASSISTANCE REFORM ACT OF 2015

Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1471) to reauthorize the programs and activities of the
Federal Emergency Management Agency, as amended.

[[Page H1016]]

The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1471

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``FEMA
Disaster Assistance Reform Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--FEMA REAUTHORIZATION

Sec. 101. Reauthorization of Federal Emergency Management Agency.

TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES

Sec. 201. Comprehensive study of disaster costs and losses.

TITLE III--STAFFORD ACT AND OTHER PROGRAMS

Sec. 301. Reauthorization of urban search and rescue response system.
Sec. 302. Statute of limitations.
Sec. 303. Action plan to improve field transition.
Sec. 304. Simplified procedures.
Sec. 305. Management costs.
Sec. 306. Debts owed to the United States related to disaster
assistance.
Sec. 307. Statute of limitations for debts owed to the United States
related to disaster assistance.
Sec. 308. Technical assistance and recommendations.
Sec. 309. Local impact.
Sec. 310. Proof of insurance.
Sec. 311. Authorities.
Sec. 312. Responsibilities.
Sec. 313. Earthquake and Tsunami Interagency Task Force.
Sec. 314. Mitigation assistance.
Sec. 315. 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.

[[Page H1017]]

``(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.
``(4) Public safety officer claims.--Nothing in this
subsection shall be construed to bar any claim by, or with
respect to, any System member who is a `public safety
officer', as defined in section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968, for any benefits
authorized pursuant to section 1001(a)(4) of that Act.
``(5) Technical amendment.--Section 1086(d) of the National
Defense Authorization Act for Fiscal Year 2013 is amended as
follows (which amendments shall take effect as if enacted on
January 2, 2013)--
``(A) in paragraph (1)--
``(i) by striking `paragraph (1)' and inserting `paragraph
(2)'; and
``(ii) in subparagraph (B) by striking `filed or' and
inserting `filed (consistent with pre-existing effective
dates) or'; and
``(B) in paragraph (2)(A), by striking `amendments made by
this Act' and inserting `amendments made to section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b) by this Act'.
``(i) Liability.--A System member appointed into Federal
service under subsection (f)(1), while acting within the
scope of the appointment, is deemed an employee of the
Federal Government under section 1346(b) of title 28, United
States Code, and chapter 171 of that title, relating to tort
claims procedure.
``(j) Employment and Reemployment Rights.--With respect to
a System member who is not a regular full-time employee of a
sponsoring agency or participating agency, the following
terms and conditions apply:
``(1) Service.--Service as a System member is deemed
`service in the uniformed services' for purposes of chapter
43 of title 38, United States Code, relating to employment
and reemployment rights of individuals who have performed
service in the uniformed services (regardless of whether the
individual receives compensation for such participation). All
rights and obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as
provided for in such chapter.
``(2) Preclusion.--Preclusion of giving notice of service
by necessity of appointment under this section is deemed
preclusion by `military necessity' for purposes of section
4312(b) of title 38, United States Code, pertaining to giving
notice of absence from a position of employment. A
determination of such necessity shall be made by the
Administrator and shall not be subject to judicial review.
``(k) Licenses and Permits.--If a System member holds a
valid license, certificate, or other permit issued by any
State or other governmental jurisdiction evidencing the
member's qualifications in any professional, mechanical, or
other skill or type of assistance required by the System, the
System member is deemed to be performing a Federal activity
when rendering aid involving such skill or assistance during
a period of appointment into Federal service under subsection
(f)(1).
``(l) Advisory Committee.--
``(1) In general.--The Administrator shall establish and
maintain an advisory committee to provide expert
recommendations to the Administrator in order to assist the
Administrator in administering the System.
``(2) Composition.--The advisory committee shall be
composed of members from geographically diverse areas, and
shall include--
``(A) the chief officer or senior executive from at least
three sponsoring agencies;
``(B) the senior emergency manager from at least two States
that include sponsoring agencies; and
``(C) at least one representative recommended by the
leaders of the task forces.
``(3) Inapplicability of termination requirement.--Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory committee under this
subsection.
``(m) Preparedness Cooperative Agreements.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Administrator shall
enter into an annual preparedness cooperative agreement with
each sponsoring agency. Amounts made available to a
sponsoring agency under such a preparedness cooperative
agreement shall be for the following purposes:
``(A) Training and exercises, including training and
exercises with other Federal, State, and local government
response entities.
``(B) Acquisition and maintenance of equipment, including
interoperable communications and personal protective
equipment.
``(C) Medical monitoring required for responder safety and
health in anticipation of and following a major disaster,
emergency, or other hazard, as determined by the
Administrator.
``(2) Availability of appropriations.--Notwithstanding
section 1552(b) of title 31, United States Code, amounts made
available for cooperative agreements under this subsection
that are not expended shall be deposited in an agency account
and shall remain available for such agreements without fiscal
year limitation.
``(n) Response Cooperative Agreements.--The Administrator
shall enter into a response cooperative agreement with each
sponsoring agency, as appropriate, under which the
Administrator agrees to reimburse the sponsoring agency for
costs incurred by the sponsoring agency in responding to a
major disaster or emergency.
``(o) Obligations.--The Administrator may incur all
necessary obligations consistent with this section in order
to ensure the effectiveness of the System.

[[Page H1018]]

``(p) 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. 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. 303. 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. 304. 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. 305. 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. 306. 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. 307. 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. 308. 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

[[Page H1019]]

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. 309. 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. 310. 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.

SEC. 311. AUTHORITIES.

The Federal Emergency Management Agency shall not, pursuant
to consultation with another Federal agency or otherwise,
expand its statutory authorities as they relate to floodplain
management or floodplain mapping unless the requirement to do
so is explicitly and specifically stated in statute, nor
shall the Agency's authorities be construed to impute the
privately-funded actions of private parties on private land
to such Agency for the purpose of extending the requirements
of any Federal law applicable to Federal agencies to such
actions.

SEC. 312. RESPONSIBILITIES.

The Administrator of the Federal Emergency Management
Agency shall be responsible for the Nation's efforts to
reduce the loss of life and property and to protect the
Nation from an earthquake, tsunami or a combined earthquake
and tsunami event by developing the ability to prepare and
plan for, mitigate against, respond to, recover from, and
more successfully adapt to such an event.

SEC. 313. EARTHQUAKE AND TSUNAMI INTERAGENCY TASK FORCE.

(a) In General.--The President shall establish a Federal
Interagency Task Force for the purpose of developing a
comprehensive strategy and recommendations on how the Nation
should prepare and plan for, mitigate against, respond to,
recover from, and more successfully adapt to an earthquake,
tsunami or a combined earthquake and tsunami event in the
Cascadia Subduction Zone, including identifying potential
administrative or legislative changes required to implement
the strategy, the funding required to implement the strategy
and recommendations, and the priority in which the strategy
should be implemented.
(b) Chairperson.--The Administrator of the Federal
Emergency Management Agency, or his designee, shall serve as
the chairperson of the Task Force.
(c) Membership.--The membership of the Task Force shall
include a cross section of subject matter experts
representing the following:
(1) Relevant Federal agencies.
(2) The States of Oregon, Washington, and California.
(3) Indian tribes, local governments, and private sector
representatives that may be impacted by a mega-thrust
earthquake, tsunami or a combined earthquake and tsunami
event in the Cascadia Subduction Zone.
(4) Universities, academia and research institutions with
expertise in topics relevant to the work of the Task Force.
(d) Detailed Employees.--Members of the Task Force may
detail employees to assist the Administrator, or his
designee, in fulfilling the responsibilities of the Task
Force.
(e) Cascadia Subduction Zone.--The term ``Cascadia
Subduction Zone'' means the approximately 684 miles long
landward-dipping fault that separates the Juan de Fuca and
North America plates and that stretches along a portion of
the western coast of the United States beginning off Cape
Mendocino, California, along the State of Oregon, the State
of Washington, to Northern Vancouver Island, British
Columbia.
(f) Strategy.--The comprehensive strategy, which may build
upon existing plans, studies, or other resources, shall
include the following:
(1) Define how Federal agencies will coordinate to develop
the ability to prepare and plan for, mitigate against,
respond to, recover from, and more successfully adapt to the
impacts of a mega-thrust earthquake, tsunami, or a combined
earthquake and tsunami event in the Cascadia Subduction Zone.
(2) Ensure collaboration between the Department of
Transportation, the Department of Energy, the United States
Coast Guard, the United States Army Corps of Engineers, and
other Federal agencies as appropriate to complete a needs
assessment of Federal facilities in need of hardening for an
event and develop a strategic plan to mitigate and retrofit
Federal, State, tribal, and local critical assets for
freight, energy, and transit purposes to withstand an event
and to help save lives during and immediately after an event.
(3) Assist State, tribal, and local governments in
developing and implementing a coordinated and comprehensive
plan to prioritize Federal, State, tribal, local, and private
investments and activities to develop the ability to prepare
and plan for, mitigate against, respond to, recover from, and
more successfully adapt to the impacts of a mega-thrust
earthquake, tsunami, or a combined earthquake and tsunami
event in the Cascadia Subduction Zone, and to link to any
existing State-wide mitigation plan, including examining the
feasibility of the public and private sector and individuals
to acquire earthquake insurance.
(4) Identify existing funding opportunities across Federal
agencies and other sources to implement the comprehensive
strategy and any recommendations made by the Task Force and
make recommendations for new funding opportunities.
(5) Identify barriers to obtaining funding and implementing
the comprehensive strategy and to develop recommendations on
how to remove such barriers.
(6) Collaborate with and assist State, tribal, and local
governments in developing recommendations for cost-effective
mitigation alternatives for aging State, tribal, or locally
owned critical infrastructure.
(7) Assist State, tribal, and local governments with
developing a recovery plan prior to an earthquake, tsunami,
or combined earthquake and tsunami event in the Cascadia
Subduction Zone as to how State, tribal, and local
governments may want to rebuild after the event;
(8) Identify steps taken to date to develop an onshore and
offshore earthquake early warning system and define the
purpose and scope of an onshore and offshore earthquake early
warning system.
(9) Evaluate types of offshore earthquake early warning
systems and provide recommendations and a cost estimate for
an earthquake early warning system appropriate for the
Cascadia Subduction Zone.
(10) Make recommendations about how an earthquake early
warning system should operate, including whether and how a
system should interface with the private sector.
(11) Define appropriate roles and responsibilities for
Federal, State, local, and tribal governments, including who
should operate and maintain an earthquake early warning
system, the cost of a system, and possible funding sources
for a system.
(12) Develop a plan on how to integrate an earthquake early
warning system into existing and new public alert warning
systems and technologies, including mobile systems.
(g) Collaboration.--The Task Force shall work
simultaneously and collaboratively with the National
Academies.
(h) National Academies.--The Task Force shall enter into an
agreement with the National Academies under which the
National Academies shall develop recommendations for a
Federal research strategy to advance scientific understanding
of a Cascadia Subduction Zone earthquake and resulting
tsunami preparedness, including the following:
(1) Geologic conditions, ground motions, and tsunami
hazard.
(2) Implications of an effective automated early warning
system.
(3) Effects of mega-earthquake and tsunami events on the
built and natural environment.
(4) Social and behavioral factors for effective disaster
preparedness and response.
(5) Cost-effective mitigation alternatives for legacy and
aging infrastructure.
(6) Strategic planning for freight, energy, and transit
network robustness.
(7) Tools that help communities invest its resources for
the greatest benefit.
(8) Any other topics identified as necessary by the Task
Force or the National Academies.
(i) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Government Affairs of the Senate a report of the Task Force
that provides the following:
(1) The comprehensive strategy identified in subsection
(f).
(2) Recommendations on administrative actions that may be
taken to further the strategy.
(3) Recommendations for legislative changes that may be
necessary to further the strategy.
(4) Recommendations on funding necessary to carry out the
strategy.

SEC. 314. 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

[[Page H1020]]

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.

SEC. 315. 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.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.

General Leave

Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 1471, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. I yield myself such time as I may consume.
Mr. Speaker, I thank Chairman Shuster for his tremendous support and
leadership on this bill. Few Members of Congress have had a greater
impact on reforming our disaster programs since Hurricane Katrina than
Chairman Shuster. This bill represents another important step in that
effort, and I greatly appreciate the chairman's help.
I also want to thank Ranking Member DeFazio and Ranking Member Carson
for their bipartisan support of the bill.
The FEMA Disaster Assistance Reform Act has two primary goals: to
help save lives and to save taxpayer money.

{time} 1715

The bill helps save lives by fixing a longstanding problem that
hinders the deployment of critical search and rescue teams between
States. These reforms will help ensure our constituents receive the
help they need when disaster strikes.
Additionally, this bill helps save money by improving the cost-
effectiveness of FEMA's existing disaster assistance programs. For
example, there are provisions that will speed up reconstruction and
lower administrative costs. The bill also saves money by encouraging
smart recovery practices and mitigation to lower the costs of the next
disaster.
The bill commissions a comprehensive review of the growing disaster
losses the Nation has experienced over the past decades. Experts
estimated over $1 trillion of disaster losses have occurred in North
America since 1980. FEMA alone has spent almost $200 billion on over
1300 major Presidential disaster declarations since 1989. These numbers
are going up, and we should try to find ways to bring those costs down
over time.
It has been over 20 years since we have had a comprehensive look at
disaster spending. It is time for a big picture assessment of what is
driving these costs and to review if we, as a Nation, are responding in
the most appropriate and cost-effective way.
Right after I became a Member of Congress, my district was hit hard
by Hurricane Irene and Tropical Storm Lee. I saw homes destroyed, lives
and livelihoods upset. Disaster relief is critical at times like these,
and people need help to rebuild their lives and rebuild their
communities.
As I witnessed the recovery, I was amazed that folks were rebuilding
back in the very same place, in the very same way, leaving themselves
just as vulnerable to the next storm. We have to be compassionate and
responsive to our citizens, but we also have a duty to be a good
steward of the taxpayer dollars.
I am committed to establishing this study to see if we can tackle
these tough issues and find solutions that are driven by facts and data
rather than the emotion that inevitably follows a disaster. These
reforms are one of my top priorities this Congress.
At the end of the day, the purpose of this bill is to ensure help
will be there when disaster strikes and our constituents need that help
the most.
Mr. Speaker, I reserve the balance of my time.

House of Representatives,

Committee on Homeland Security,

Washington, DC, February 26, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: I am writing to you concerning the
jurisdictional interest of the Committee on Homeland Security
in H.R. 1471, the ``FEMA Disaster Assistance Act of 2015.''
The bill contains provisions that fall within the
jurisdiction of the Committee on Homeland Security.
I recognize and appreciate the desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Homeland Security will not assert its jurisdictional claim
over this bill by seeking a sequential referral. The
Committee takes this action with the mutual understanding
that by foregoing consideration of H.R. 1471 at this time, we
do not waive any jurisdiction over subject matter contained
in this or similar legislation, and that our Committee will
be appropriately consulted and involved as this bill or
similar legislation moves forward so that we may address any
remaining issues in our jurisdiction.
This waiver is also given with the understanding that the
Committee on Homeland Security expressly reserves its
authority to seek conferees on any provision within its
jurisdiction during any House-Senate conference that may be
convened on this or any similar legislation, and requests
your support for such a request.
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 1471, and ask that a
copy of this letter and your response be included in the
Congressional Record during consideration of this bill on the
House floor.
Sincerely,

Michael T. McCaul,

Chairman,
Committee on Homeland Security.
____

House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, February 26, 2016.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
H.R. 1471, the FEMA Disaster Assistance Act of 2015. I
appreciate your willingness to support expediting the
consideration of this legislation on the House Floor.
I acknowledge that by waiving consideration of this bill,
the Committee on Homeland Security does not waive any future
valid jurisdictional claim to provisions in this or similar
legislation. In addition, should a conference on the bill be
necessary, I would support your effort to seek appointment of
an appropriate number of conferees to any House-Senate
conference involving provisions within this legislation on
which the Committee on Homeland Security has a valid
jurisdictional claim.
I will include our letters on H.R. 1471 in the
Congressional Record during House Floor consideration of the
bill. I appreciate your cooperation regarding this
legislation, and I look forward to working with the Committee
on Homeland Security as the bill moves through the
legislative process.
Sincerely,
Bill Shuster,
Chairman.

[[Page H1021]]

____
House of Representatives,

Committee on the Judiciary,

Washington, DC, February 25, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: I am writing with respect to H.R.
1471, the ``FEMA Disaster Assistance Reform Act,'' which was
referred to the Committee on Transportation and
Infrastructure.
As you know, H.R. 1471 contains provisions that fall within
the Rule X jurisdiction of the Committee on the Judiciary. As
a result of your having consulted with the Committee and in
order to expedite the House's consideration of H.R. 1471, the
Committee on the Judiciary will not assert its jurisdictional
claim over this bill. However, this is conditional on our
mutual understanding and agreement that doing so will in no
way diminish or alter the jurisdiction of the Committee on
the Judiciary with respect to the appointment of conferees or
to any future jurisdictional claim over the subject matters
contained in the bill or similar legislation.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 1471, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration of H.R. 1471.
Sincerely,
Bob Goodlatte,
Chairman.
____

House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, February 26, 2016.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
1471, the FEMA Disaster Assistance Act of 2015. I appreciate
your willingness to support expediting the consideration of
this legislation on the House Floor.
I acknowledge that by waiving consideration of this bill,
the Committee on the Judiciary does not waive any future
valid jurisdictional claim to provisions in this or similar
legislation. In addition, should a conference on the bill be
necessary, I would support your effort to seek appointment of
an appropriate number of conferees to any House-Senate
conference involving provisions within this legislation on
which the Committee on the Judiciary has a valid
jurisdictional claim.
I will include our letters on H.R. 1471 in the
Congressional Record during House Floor consideration of the
bill. I appreciate your cooperation regarding this
legislation, and I look forward to working with the Committee
on the Judiciary as the bill moves through the legislative
process.
Sincerely,
Bill Shuster,
Chairman.

Mr. CARSON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the bipartisan measure before us
today. H.R. 1471, the FEMA Disaster Assistance Reform Act of 2015, as
amended, contains several provisions important to State and local
governments and emergency managers. I will only highlight a few of
them. I also want to acknowledge Chairman Barletta and my good friend,
Ranking Member DeFazio.
Mr. Speaker, in my opinion, the most important aspect of this bill is
that it clarifies compensation and liability issues for urban search
and rescue team members. These members provide critical services and
put themselves in harm's way to help others involved in a disaster.
In Indianapolis, my city, our own urban search and rescue team, which
consists of firefighters, paramedics, civilians, and others responded
to Hurricane Sandy. They did so despite the uncertainties that they
would be covered for any injuries. These protections, Mr. Speaker, are
long overdue. Team members can now rest assured that they will be taken
care of when activated for Federal service if they are injured.
Another important provision grows out of the individual States' and
local governments' need to know that they can rely on FEMA's decisions
and reimbursement amounts. Local governments make major decisions
during the disaster recovery phase in reliance on FEMA's initial
approval. There comes a time, Mr. Speaker, when FEMA should not be able
to reverse its initial decisions or award amounts. Statute of
limitations protections for individuals, States, and local governments
will provide peace of mind and certainty needed to go forward with the
recovery process.
Climate change, Mr. Speaker, is causing more extreme weather
patterns. So in order for us to become more resilient, we must
encourage more local governments, communities to undertake mitigation
measures. Some communities may forgo mitigation actions because they do
not have the capacity to administer the funds. Ensuring that local
governments will be reimbursed for management costs should help us all
obtain more resilient communities.
Finally, Mr. Speaker, our subcommittee has embarked on discussions
related to the trends and causes of rising disaster costs and losses.
In furtherance of this discussion, the bill requires FEMA's National
Advisory Council to study the issue and make recommendations to
Congress and address causes and trends. Specifically, the bill requires
the Council to examine mechanisms and incentives to promote mitigation
and to make recommendations regarding the same.
The last few years, Mr. Speaker, I have introduced a bill to
reauthorize the disaster mitigation program. Mr. Speaker, mitigation
saves taxpayer funds over the long haul. I look forward to any
recommendations from the National Advisory Council on how we can
strengthen this available and very effective program.
I want to thank Chairman Barletta again and Ranking Member DeFazio
for their leadership on this very important measure. As an original
cosponsor of this measure, Mr. Speaker, I urge my colleagues to join us
in supporting H.R. 1471.
Mr. Speaker, I reserve the balance of my time.
Mr. BARLETTA. Mr. Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Rodney Davis), who knows very well how important these
disaster programs are when disasters have struck his State of Illinois.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise in strong support
of this bill.
FEMA's disaster declaration process is broken. You don't need to look
any further than the State of Illinois to see how FEMA's aid formula is
failing the hardworking families of this country because it simply
doesn't put all communities on a level playing field.
In 2012, Harrisburg, Illinois, was denied Federal assistance
following tornadoes that swept across the Midwest, while Missouri and
Kentucky received it. Recently, towns like Gifford and Washington in
central Illinois were denied public assistance as well.
FEMA currently takes into account several factors when determining
the need for public and individual assistance. However, there currently
is no standard to determine which factor is more important than
another, which leads to highly subjective and uncertain processes that
leave States and communities in limbo for weeks as their application is
considered.
By working with this committee and this subcommittee that Chairman
Barletta chairs, we were able to include language that was based on a
bill that I introduced with many of my colleagues that requires the
administrator of FEMA, when making recommendations to the President
regarding a major disaster declaration, to give greater weight and
consideration to localized impact.
Consideration of this important legislation is timely for my home
State of Illinois. Just days ago, Illinois Governor Bruce Rauner
submitted a request to President Obama asking him to declare a major
disaster for Illinois following the extensive holiday flooding that we
saw right at about the new year.
Much of this damage happened in my home county of Christian County,
where four people tragically lost their lives after encountering flood
waters. Sadly, two of the deceased, Brandon Mann and Devan Everett,
were from my hometown of Taylorville. Certainly no amount of resources
can compensate for the loss of human life when disaster strikes, and
yet these communities still need to rebuild. Preliminary damage
assessments determined that communities in Illinois experienced $15
million in damages. Unfortunately, that doesn't meet FEMA's $18.1
million threshold.
Mr. Speaker, it is just not right that States like Illinois, where a
significant portion of the population is concentrated in a single area,
can be denied disaster relief because of an arbitrary formula developed
by bureaucrats in concrete buildings right here in Washington, D.C.
That is what makes this bill and my provision so important. It levels
the playing field. It tells rural America that, when disaster

[[Page H1022]]

strikes, we are going to look out for you, too.

Mr. Speaker, I come from rural America. I know these people. These
are not the type of people who expect help, who expect Washington to
solve their problems; but we as Members of Congress and as Americans
have an obligation to commit that we will be there for them when they
need us and that we won't let arbitrary formulas prevent that help from
being delivered.
We need this bill. We need these reforms. It will make a difference.
Thank you again to Chairman Barletta, Chairman Shuster, and the ranking
members.
Mr. CARSON of Indiana. Mr. Speaker, I yield such time as he may
consume to the gentleman from Oregon (Mr. DeFazio), my good friend and
ranking member.
Mr. DeFAZIO. Mr. Speaker, I thank the gentleman, the ranking member
of the subcommittee, for yielding, and I thank him for his excellent
work on this bill, as I do the subcommittee chair and the full
committee chairman.
This is a bill very much in the tradition of the Committee on
Transportation and Infrastructure where, in fact, we have come together
and put together a bipartisan proposal to reauthorize the Federal
Emergency Management Agency, a critical, critical agency, as you have
heard from some of the previous speakers.
In particular, in the West, we have some issues regarding wildfires.
We had the worst wildfire season on record last year: 10 million acres
burned; half the Forest Service budget went to fighting these
wildfires. The perversity of that is that, when astounding amounts of
money like that are required from the Forest Service, the Forest
Service has to reduce other budgets, including preventative activities,
particularly fuel reduction and other activities that would prevent
future fires. So we are on this endless cycle that should end.
Unfortunately, this bill doesn't end that. I hope that happens later
in the Congress. There is legislation pending in both the House and the
Senate that we have come close to moving that would deal with declaring
that catastrophic fires are disasters, just like tornadoes, hurricanes,
earthquakes, floods, et cetera.
In this bill, we did make some progress. It makes State and private
lands eligible for hazard mitigation assistance after wildfires. It is
a commonsense solution to save on future disaster costs and losses. The
bill also encourages States to direct the funds to the areas that
experienced the wildfire.
I thank our colleague, the gentleman from California (Mr. Ruiz), for
his extraordinary leadership on this issue. You have a fire, and
particularly in California and elsewhere you have potential for
catastrophic mudslides, future catastrophes, putting the public at
risk. Hazard mitigation assistance on wildfires on State and private
lands, encouraging wildfire mitigation, such as reducing hazardous
fuels, and reseeding ground cover will help reduce the costs of future
disasters.
Further, there are other provisions in this legislation that deal
with the potential for catastrophic earthquake and tsunami. The
Cascadia subduction zone off the coast of Oregon, northern California
has generated at least 12 major, great earthquakes, magnitude 8 to 9,
yet we are woefully unprepared in terms of any sorts of early
detection.
We have just begun the rudiments with some Federal assistance of a
land-based early detection system. We need an ocean-based early
detection system, such as the Japanese have deployed. Early warning of
quakes and tsunamis will save many lives on the coast of Oregon,
Washington, and northern California. It will also save tremendous
amounts in terms of infrastructure in the inland and more distant areas
where they would have ample warning to shut down transit systems, get
people off bridges, stop elevators in high-rise buildings, and
otherwise accommodate the public, preventing more loss of life and also
more catastrophic problems.
Again, Japan is far, far ahead of us. They can and have stopped their
high-speed rail trains when they have distant warning of a coming
tremor. Even though the tremors move quickly through the Earth, there
is enough time to slow or stop those trains. They have had time to
evacuate the coastal areas. Although, unfortunately, in the last quake,
when they reestimated the size of the tsunami, they found out
communications were down. Now they have taken care of this. Now they
have moved to a cellular-based network to notify people the tsunami is
coming and to get them to high ground.
So we can and should do a lot more there. This bill opens the door to
those sorts of programs here in the United States of America.
Finally, it gives assurances--well, two more points--to State and
local governments they will be reimbursed up to a certain amount for
costs incurred during disaster recovery.

{time} 1730

This will encourage local governments to undertake new mitigation
projects, which is a good deal for both the Federal Government and for
taxpayers. Mitigation saves $3 to $4 for every dollar invested.
Finally, we have a power play by a minor Federal agency attempting to
make FEMA become the national land use planning agency of the United
States, trying to force FEMA to deny flood insurance to States that
don't follow the directives of the National Marine Fisheries Service.
This is not authorized by law. They are way out of line,
unfortunately. I talked to the woman who is head of that agency. She
disagrees. Her regional representative is hell-bent to become the land
use planning agency for Oregon, although, of course, it already has
comprehensive land use planning, unlike his home State of Washington,
which was not subjected to these dramatic changes in law.
We are making it clear that that is not the authority of FEMA in this
bill. That is a reasonable position. It is a bipartisan position. I
thank my colleague and my colleagues on the other side of the aisle for
their help.
Mr. BARLETTA. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Missouri (Mrs. Hartzler), who was very helpful in adding very important
language that strengthened this bill.
Mrs. HARTZLER. Mr. Speaker, in August of 2013, the southern portion
of my district experienced a major disaster involving heavy flooding,
which devastated infrastructure and caused significant hardship to many
of my constituents.
Unfortunately, the Federal recovery efforts to this devastated region
added insult to injury. Local officials dealt with multiple teams
conducting duplicative site visits due to lost paperwork, inconsistent
messages between various survey and evaluation teams, and unnecessarily
long delays in recovery and reimbursement. Such a response to any
disaster is unacceptable, and change is necessary.
Last year I introduced a bill to address the shortcomings of the FEMA
response to the 2013 flooding in my district to ensure future disaster
recoveries in Missouri and elsewhere are as painless and efficient as
possible.
My bill, which is included in this reform package, requires FEMA to
create an action plan to address inconsistent guidance, inappropriate
recordkeeping procedures, and overall mixed assistance to local
officials.
Additionally, it directs FEMA to issue a forward-looking report to
identify new technologies that further aid the disaster workforce in
partnering with private nonprofits as well as State and local
governments in the wake of a disaster or emergency.
FEMA processes need to be streamlined and consistent in order to help
those recovering from a disaster feel supported and assured the relief
will come in a timely, efficient manner.
I rise today in full support of H.R. 1471, the FEMA Disaster
Assistance Reform Act. Making sure Federal agencies have the proper
oversight and resources they need is an important function of the U.S.
Congress.
This 3-year reauthorization is a shining example of a bipartisan,
commonsense effort to make the people get the help and assistance they
so desperately need in times of crisis.
I want to thank the sponsor of this bill, Mr. Barletta, and the
ranking member for including my language in the FEMA reform package.
I encourage my colleagues to vote for H.R. 1471.
Mr. CARSON of Indiana. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Florida (Ms. Frankel),

[[Page H1023]]

my good friend and a member of the committee.
Ms. FRANKEL of Florida. I thank the gentleman for yielding.
Mr. Speaker, I rise in support of H.R. 1471, the FEMA Disaster
Assistance Reform Act, and I thank the chairman and ranking member for
their fine work.
The bill contains a bipartisan provision which I had the honor of
working on with my friend and colleague from Florida, Congressman Dan
Webster.
As Floridians, we know hurricanes. In 2004 and 2005, Charley,
Frances, Jeanne, Wilma, and Katrina tore through our State, leaving
families stranded and property damaged. Trees crashed to the ground,
ripping power lines and blocking flooded streets. Water systems were
compromised.
Our local governments did a miraculous job cleaning debris from
public ways, fixing broken infrastructure, and getting life back to
normal. It takes a lot to get this done.
When hurricanes strike, communities are ravaged and so are their
budgets. So I want to thank FEMA for the funding assistance it provided
Florida at a time of great stress and need.
Now FEMA is asking some of our cities and counties to pay back money
that they were given for disaster relief projects that were approved
more than 10 years ago.
But here is the thing. There is no question that FEMA should do
responsible audits of its relief payments to make sure that money was
used properly. But unless there is fraud, the process should not be an
endless journey into the Federal bureaucracy.
Our local governments, unlike the Federal Government, have to balance
their budgets. They can't afford to wait 5, 10, or an infinite number
of years for FEMA to do its assessment, especially when millions of
dollars are at stake.
Simply said, the current practice unfairly stymies our local
governments' ability to plan their future budgets. This legislation
will make sure that the process is more balanced, giving FEMA adequate
time to review its grant payments while allowing for financial security
to local governments.
I urge my colleagues to support this very good legislation.
Mr. BARLETTA. Mr. Speaker, I yield 3 minutes to the gentleman from
Louisiana (Mr. Graves), who spent a lot of time and worked very hard to
make this bill better.

Mr. GRAVES of Louisiana. Mr. Speaker, I want to thank the gentleman
for yielding.
Mr. Speaker, the reality, as the gentleman from Indiana noted
earlier, is that we are going to have disasters and we are going to
spend funds responding to those disasters.
The problem with the United States disaster management policy is that
it is backward. It is entirely reactive. Rather than going in before a
disaster happens and making areas more resilient, making our ecosytem
more resilient, making our economy more resilient, we are dead set on
this process of coming in after disasters and spending exponentially
more dollars.
The ranking member referenced a few figures a little while ago. He
referenced a figure of a CBO study indicating that, for every $1 we
invest in the right type of hazard mitigation, we save $3 in disaster
response cost.
There was another study that FEMA did. For every $1 we invest, we
have $4 in cost savings. I think, Mr. Speaker, with the right criteria,
you actually even save more.
Now, we are challenged as a Nation right now because the agency that
is primarily responsible for making our communities more resilient is
the U.S. Army Corps Engineers, which, unfortunately, Mr. Speaker, is
stuck on stupid.
What we have seen over the last several years is, rather than trying
to fix that, we have seen other agencies coming up being granting
agencies. We have seen FEMA. This year we have seen the Department of
the Interior in the President's budget. In the recent years, we have
seen HUD.
Rather than fixing the problem, we are just trying to go around it
and put more granting agencies out there. It is creating a disparate
approach, an approach that is not coordinated and an approach that is
going to result in more taxpayers' funds being spent on the wrong
projects, the wrong priorities, rather than being proactive. This bill
addresses that, Mr. Speaker.
This bill actually incudes a provision that has FEMA begin developing
a coordinated, proactive approach to how we mitigate or reduce
vulnerabilities from disasters.
In the last several years, in my home State of Louisiana, we have
seen extraordinary disasters, whether it is Hurricanes Katrina and Rita
in 2005 or Hurricanes Gustav and Ike in 2008.
We had the Deepwater Horizon oil spill in 2011. In 2012, we had
Hurricane Isaac. In 2011 and again this year, we saw record-high water
on the Mississippi River system causing flooding.
We are going to spend dollars. We have got to spend them in the right
and principled places.
This bill does a number of things that are important. Number one, it
eliminates bureaucracy and helps to streamline the process of getting
dollars on the ground to some of our important impacted areas.
We have seen where this bill comes in and it actually changes
criteria, where severely impacted local communities, like in Louisiana,
where we just saw St. John Parish, Ascension Parish, Livingston Parish,
the area of Kenner, and St. James Parish experience extraordinary
impacts from tornadoes. Those areas actually could potentially qualify
for Federal disaster because of the severe impacts in some of these
limited areas.
Most importantly, Mr. Speaker, I want to thank the ranking member and
the chairman for working with us on a provision that prevents FEMA from
being able to move the goalpost on us, being able to come and change
conditions after a grant is made that could result in homeowners having
to pay back absurd amounts of money when they followed the criteria and
followed the commitments when they entered into these grant agreements.
Mr. Speaker, this bill goes a long way. I want to continue working
with the leaders of this bill on these zones, on duplication of
efforts, and other things. But I will say it again, Mr. Speaker: we are
going to spend the money one way or another. We need to spend it in a
principled manner.
Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
Mr. MEEKS. Mr. Speaker, I rise today to commend my colleagues for
passing H.R. 1471, the FEMA Disaster Assistance Reform Act of 2015.
This important legislation authorizes appropriations for the Federal
Emergency Management Agency for FY2016-FY2018 for management and
administration. It also, directs FEMA, through the National Advisory
Council, to undertake and report on a comprehensive study of disaster
costs and losses.
H.R. 1471 includes provisions that I introduced that extends the
authority of FEMA's Administrator to waive debts associated with an
overpayment of individual assistance, so long as the overpayment was
not a result of fraud.
This issue received national attention when about 30 residents at the
Belle Harbor Manor, an assisted living facility in my district,
received collection notices related to assistance provided by FEMA in
the aftermath of Super Storm Sandy. FEMA's Administrator, Craig Fugate,
later cancelled their debts. However, he is limited in canceling the
debts of others who are in the exact same situation.
H.R. 1471 fixes this and provides FEMA's Administrator with expanded
authority to waive debts of thousands of Super Storm Sandy survivors,
as well as the debts incurred as a result of future natural disasters.
I want to thank my colleagues, Representative Lou Barletta and
Representative Peter DeFazio, for their assistance in developing this
language. I would also like to thank New York State Assemblyman Phillip
Goldfeder for his tireless advocacy on behalf of Super Storm Sandy
victims. It is my hope that this measure will receive speedy passage in
the Senate so it can be signed by President Obama, and survivors of
Super Storm Sandy can finally recover for this horrific act of God.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 1471, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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