[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[House]
[Pages 2399-2407]
[From the U.S. 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.
  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;

[[Page 2400]]

       (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:

[[Page 2401]]

       ``(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

[[Page 2402]]

     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

[[Page 2403]]

     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.''.

  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.

[[Page 2404]]

  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.
                                  ____

                                         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,

[[Page 2405]]

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 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

[[Page 2406]]

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), 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.

[[Page 2407]]

  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 includes 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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