[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1471 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                H. R. 1471

_______________________________________________________________________

                                 AN ACT


 
  To reauthorize the programs and activities of the Federal Emergency 
                           Management Agency.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
                     TITLE I--FEMA REAUTHORIZATION

Sec. 101. Reauthorization of Federal Emergency Management Agency.
       TITLE II--COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES

Sec. 201. Comprehensive study of disaster costs and losses.
               TITLE III--STAFFORD ACT AND OTHER PROGRAMS

Sec. 301. Reauthorization of urban search and rescue response system.
Sec. 302. 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.
                    ``(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.
    ``(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 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 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.''.

            Passed the House of Representatives February 29, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 1471

_______________________________________________________________________

                                 AN ACT

  To reauthorize the programs and activities of the Federal Emergency 
                           Management Agency.