[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3512 Reported in Senate (RS)]
<DOC>
Calendar No. 439
117th CONGRESS
2d Session
S. 3512
[Report No. 117-128]
To establish an advisory group to encourage and foster collaborative
efforts among individuals and entities engaged in disaster recovery
relating to debris removal, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13 (legislative day, January 10), 2022
Mr. Scott of Florida (for himself, Mr. Peters, and Ms. Rosen)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
July 12, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish an advisory group to encourage and foster collaborative
efforts among individuals and entities engaged in disaster recovery
relating to debris removal, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Disaster Contract
Improvement Act''.</DELETED>
<DELETED>SEC. 2. OVERSIGHT ON DEBRIS REMOVAL.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Emergency Management
Agency.</DELETED>
<DELETED> (2) Debris removal program.--The term ``debris
removal program'' means the program established under section
407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5173).</DELETED>
<DELETED> (b) Advisory Working Group.--</DELETED>
<DELETED> (1) In general.--The Administrator shall establish
an advisory working group to encourage and foster collaborative
efforts among individuals and entities engaged in disaster
recovery relating to debris removal.</DELETED>
<DELETED> (2) Membership.--The advisory working group
established under paragraph (1) shall be comprised of--
</DELETED>
<DELETED> (A) representatives from the Federal
Emergency Management Agency;</DELETED>
<DELETED> (B) representatives from the Army Corps of
Engineers;</DELETED>
<DELETED> (C) representatives of States and units of
local government; and</DELETED>
<DELETED> (D) subject matter experts in debris
removal, including not less than 1 representative from
the debris services contractor industry.</DELETED>
<DELETED> (c) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with the
advisory working group established under subsection (b)(1), shall--
</DELETED>
<DELETED> (1) determine whether guidance and procedures in
effect as of the date of enactment of this Act with respect to
the oversight and cost of debris removal contracts entered into
under the debris removal program are sufficient; and</DELETED>
<DELETED> (2) if the Administrator, in consultation with the
advisory working group established under subsection (b)(1),
determines that the guidance and procedures described in
paragraph (1) are insufficient, develop and implement
additional such guidance and procedures, including--</DELETED>
<DELETED> (A) a requirement that each State and unit
of local government receiving a grant under the debris
removal program take the primary role in the oversight
function of debris removal;</DELETED>
<DELETED> (B) guidance for State and local debris
monitors relating to debris removal operations, debris
operations oversight, and contractor oversight,
including contractor monitoring;</DELETED>
<DELETED> (C) checklists, job aids, eligibility
requirements, contract requirements, debris management
planning guidance, sample bids, and other items, as
determined necessary by the Administrator, for State
and local debris monitors;</DELETED>
<DELETED> (D) a list of the specific debris removal
monitoring responsibilities expected to be completed by
a State that receives a grant under the debris removal
grant program;</DELETED>
<DELETED> (E) a list of the specific debris removal
monitoring responsibilities expected to be completed by
recipients of a grant under the debris removal grant
program; and</DELETED>
<DELETED> (F) guidance for State and units of local
government to reduce duplication and inefficiency in
debris removal contracting across the Federal
Government, State governments, and units of local
government.</DELETED>
<DELETED> (d) Training.--The Administrator shall conduct outreach to
States, Tribal governments, and units of local government with respect
to any guidance or support materials developed under this
section.</DELETED>
<DELETED> (e) GAO Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study that--</DELETED>
<DELETED> (1) studies the use and adoption rate of advance
contracts for debris removal by States and units of local
government;</DELETED>
<DELETED> (2) identifies the benefits of advance contracts
for debris removal;</DELETED>
<DELETED> (3) with respect to the reporting and information
sharing processes, as of the date of enactment of this Act, for
advance contracts for debris removal between States and units
of local government and Federal partners--</DELETED>
<DELETED> (A) assesses those processes;
and</DELETED>
<DELETED> (B) makes any necessary recommendations
for those processes;</DELETED>
<DELETED> (4) studies--</DELETED>
<DELETED> (A) the process for setting Federal
reimbursement rates for the debris removal
program;</DELETED>
<DELETED> (B) the use of penalties, as of the date
of enactment of this Act, for violations of law and
regulations relating to debris removal; and</DELETED>
<DELETED> (C) fraud, waste, and abuse relating to
the debris removal program, including case studies;
and</DELETED>
<DELETED> (5) recommends improvements to oversight and fraud
prevention across the debris removal program.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Contract Improvement Act''.
SEC. 2. OVERSIGHT ON DEBRIS REMOVAL.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Debris removal program.--The term ``debris removal
program'' means the program established under section 407 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5173).
(b) Advisory Working Group.--
(1) In general.--The Administrator shall establish an
advisory working group to encourage and foster collaborative
efforts among individuals and entities engaged in disaster
recovery relating to debris removal.
(2) Membership.--The advisory working group established
under paragraph (1) shall be comprised of--
(A) representatives from the Federal Emergency
Management Agency;
(B) representatives from the Army Corps of
Engineers;
(C) representatives from the Natural Resources
Conservation Service of the Department of Agriculture;
(D) representatives of States, Tribal governments,
and units of local government; and
(E) subject matter experts in debris removal,
including not less than 1 representative from the
debris services contractor industry.
(c) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Administrator, in consultation with the advisory working
group established under subsection (b)(1), shall--
(1) determine whether guidance and procedures in effect as
of the date of enactment of this Act with respect to the
oversight and cost of debris removal contracts entered into
under the debris removal program are sufficient; and
(2) if the Administrator, in consultation with the advisory
working group established under subsection (b)(1), determines
that the guidance and procedures described in paragraph (1) are
insufficient, develop and implement additional such guidance
and procedures, including--
(A) a requirement that each State, Tribal
government, and unit of local government receiving a
grant under the debris removal program take the primary
role in the oversight function of debris removal;
(B) guidance for State, Tribal, and local debris
monitors relating to debris removal operations, debris
operations oversight, and contractor oversight,
including contractor monitoring;
(C) guidance for streamlining the reimbursement of
debris costs overall, including debris management
planning and support for resilience in debris removal
operations;
(D) checklists, job aids, eligibility requirements,
contract requirements, debris management planning
guidance, sample bids, and other items, as determined
necessary by the Administrator, for State and local
debris monitors;
(E) a list of the specific debris removal
monitoring responsibilities expected to be completed by
a State that receives a grant under the debris removal
program;
(F) a list of the specific debris removal
monitoring responsibilities expected to be completed by
recipients of a grant under the debris removal program;
and
(G) guidance for State and Tribal governments and
units of local government to reduce duplication and
inefficiency in debris removal contracting across the
Federal Government, State and Tribal governments, and
units of local government.
(d) Training.--The Administrator shall conduct outreach to States,
Tribal governments, and units of local government with respect to any
guidance or support materials developed under this section.
(e) GAO Study.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study that--
(1) studies the use and adoption rate of advance contracts
for debris removal by selected States, Tribal governments, and
units of local government;
(2) identifies the benefits and challenges of advance
contracts for debris removal;
(3) with respect to the reporting and information sharing
processes, as of the date of enactment of this Act, for advance
contracts for debris removal between States and units of local
government and Federal partners--
(A) assesses those processes; and
(B) makes any necessary recommendations for those
processes;
(4) studies--
(A) the process for setting Federal reimbursement
rates for the debris removal program;
(B) the use of penalties, as of the date of
enactment of this Act, for violations of law and
regulations relating to debris removal; and
(C) fraud, waste, and abuse relating to the debris
removal program, including case studies; and
(5) makes any necessary recommendations for improvements to
oversight and fraud prevention across the debris removal
program.
Calendar No. 439
117th CONGRESS
2d Session
S. 3512
[Report No. 117-128]
_______________________________________________________________________
A BILL
To establish an advisory group to encourage and foster collaborative
efforts among individuals and entities engaged in disaster recovery
relating to debris removal, and for other purposes.
_______________________________________________________________________
July 12, 2022
Reported with an amendment