H.R. 1471 — what changed
FEMA Disaster Assistance Reform Act of 2015
From Introduced in House to Reported in House. 10 sections amended and 2 added between Introduced in House and Reported in House.
Sec. 201 Comprehensive study of disaster costs and losses
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”).
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:
Individuals that have the requisite technical knowledge and expertise on issues related to disaster costs and losses.
Representatives of the insurance industry.
Experts in and representatives of the construction and building industry.
Individuals nominated by national organizations representing local governments and personnel.
Academic experts.
Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services.
Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate.
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—
entities engaged in federally funded research; and
academic institutions engaged in relevant work and research.
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:
Disaster Losses—
changed
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. 5141 5121 et seq.), to the extent data is available.
Contributing factors— Contributing factors such as shifting demographics and aging infrastructure and their impacts on the trends in disaster losses and costs.
Disaster Costs—
Trends in declarations— Trends in disaster declarations, including factors contributing to the trends.
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.
Costs— Disaster costs borne by the private sector and individuals.
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.
Reduction of Costs and Losses—
changed
Mechanisms and incentives— Mechanisms and incentives incentives, including tax incentives, to promote disaster cost reduction and reduction, mitigation, and recovery, including cost data, projections for the return on investment, and measures of effectiveness.
Identification of challenges— Identify fundamental legal, societal, geographic and technological challenges to implementation.
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).
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—
the Administrator of the Federal Emergency Management Agency;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Homeland Security and Governmental Affairs of the Senate.
Sec. 301 Reauthorization of urban search and rescue response system
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:
“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,
“(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.
changed
“(i) Liability—A Certain benefits—In the case of a death or disability, a System member appointed into Federal service under subsection (f)(1), while acting within (or in the scope case of the appointment, is deemed an employee death of the Federal Government under section 1346(b) System member, the System member’s dependent) shall be able to apply for the Public Safety Officers’ Benefits program (as described in subpart 1 of part L of title 28, United States Code, I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. chapter 171 46, subchapter XII) if the System member meets the requirements of that title, relating to tort claims procedure.a “public safety officer” as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).
changed
“(j) Employment and reemployment rights—With respect to a Liability—A System member who appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is not a regular full-time deemed an employee of a sponsoring agency or participating agency, the following terms Federal Government under section 1346(b) of title 28, United States Code, and conditions apply:chapter 171 of that title, relating to tort claims procedure.
added “(k) Employment and reemployment rights—With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply:
“(1) Service—Service as a System member is deemed “service in the uniformed services” for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter.
“(2) Preclusion—Preclusion of giving notice of service by necessity of appointment under this section is deemed preclusion by “military necessity” for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review.
removed
“(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).
changed
“(l) Advisory committeeLicenses 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).
added “(m) Advisory committee
“(1) In general—The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System.
“(2) Composition—The advisory committee shall be composed of members from geographically diverse areas, and shall include—
“(A) the chief officer or senior executive from at least three sponsoring agencies;
“(B) the senior emergency manager from at least two States that include sponsoring agencies; and
“(C) at least one representative recommended by the leaders of the task forces.
“(3) Inapplicability of termination requirement—Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection.
added “(n) Preparedness cooperative agreements
removed
“(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.
removed
“(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.
changed
“(o) Obligations—The Response cooperative agreements—The Administrator may incur all necessary obligations consistent shall enter into a response cooperative agreement with this section in order each sponsoring agency, as appropriate, under which the Administrator agrees to ensure reimburse the effectiveness of sponsoring agency for costs incurred by the System.sponsoring agency in responding to a major disaster or emergency.
changed
“(p) Authorization Obligations—The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of appropriationsthe System.
changed
“(1) In general—There is authorized to be appropriated to carry out the System and the provisions of this section $35,180,000 for each “(q) Authorization of fiscal years 2016, 2017, and 2018.appropriations
added “(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.”
Conforming amendments—
Applicability of title 5, United States Code— Section 8101(1) of title 5, United States Code, is amended—
in subparagraph (D) by striking “and” at the end;
by moving subparagraph (F) to appear after subparagraph (E);
in subparagraph (F)—
by striking “United States Code,”; and
by adding “and” at the end; and
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;”
Inclusion as part of uniformed services for purposes of USERRA— Section 4303 of title 38, United States Code, is amended—
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
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. 303 Nonprofit facilities
changed
Study—Definition of private nonprofit facility— The Administrator Section 102(11)(B) of the Federal Robert T. Stafford Disaster Relief and Emergency Management Agency shall conduct a study Assistance Act (42 U.S.C. 5122(11)(B)) is amended to compare the differences between—read as follows:
added “(B) Additional facilities—In addition to the facilities described in subparagraph (A), the term “private nonprofit facility” includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, public broadcasting facilities, and facilities that provide health and safety services of a governmental nature), as defined by the President.”
removed
the physical testing standards that the Administrator applies with respect to electric utility facilities as a condition for Federal assistance; and
removed
the physical testing standards that are applied to electric utility facilities by the electric utilities industry and by the Rural Utilities Service of the Department of Agriculture.
changed
Report—Repair, restoration, and replacement of damaged facilities— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure Section 406(a)(3)(B) of the House of Representatives Robert T. Stafford Disaster Relief and the Committee on Homeland Security Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by striking “communications,” and Governmental Affairs Committee of the Senate a report on the results of the study.inserting “communications (including public broadcasting),”.
removed
Funding— The Administrator shall carry out this section using funds available to the Administrator for management and expenses.
Sec. 304 Statute of limitations
changed
Definition of private nonprofit facility—In general— Section 102(11)(B) 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) 5205) is amended to read as follows:amended—
added
by striking “Except” and inserting “Notwithstanding section 3716(e) of title 31, United States Code, and except”; and
added
by striking “report for the disaster or emergency” and inserting “report for project completion as certified by the grantee”.
added
Applicability—
added
In general— With respect to disaster or emergency assistance provided to a State or local government on or after January 1, 2004—
added
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
added
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).
added
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.
removed
“(B) Additional facilities—In addition to the facilities described in subparagraph (A), the term “private nonprofit facility” includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, public broadcasting facilities, and facilities that provide health and safety services of a governmental nature), as defined by the President.”
removed
Repair, restoration, and replacement of damaged facilities— Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by striking “communications,” and inserting “communications (including public broadcasting),”.
Sec. 305 Action plan to improve field transition
added
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:
added
Consistent guidance to applicants on FEMA disaster funding procedures during the response to an emergency.
added
Appropriate record maintenance and transfer of documents to new teams during staff transitions.
added
Accurate assistance to applicants and grantees to ease the administrative burden throughout the process of obtaining and monitoring assistance.
removed
Section 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended—
changed
Maintaining records— by striking “Except” The report shall also include a plan for implementing operating procedures and inserting “Notwithstanding section 3716(e) document retention requirements to ensure the maintenance of title 31, United States Code, and except”; andappropriate records throughout the lifecycle of the disaster.
changed
New technologies— by striking “disaster 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” emergency to educate, assist, and inserting “project completion as certified by inform applicants on the grantee”.status of their disaster assistance applications and projects.
Sec. 306 Simplified procedures
added Section 422(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—
removed
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 for the following:
removed
Consistent guidance to applicants on FEMA disaster funding procedures during the response to an emergency.
removed
Appropriate record maintenance and transfer of documents to new teams during staff transitions.
removed
Accurate assistance to applicants and grantees to ease the administrative burden of obtaining and monitoring assistance.
changed
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 by striking “$35,000” the disaster.first place it appears and inserting “$1,000,000”; and
changed
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 by striking the wake of a disaster or emergency.second sentence.
Sec. 307 Management costs
changed
Section 422 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) 5165b) is amended by striking “$35,000” and inserting “$1,000,000”.amended—
added
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
added
in subsection (b)—
added
by striking “Notwithstanding” and inserting the following:
added “(1) In general—Notwithstanding”
added
by striking “establish” and inserting the following: “implement the following:”; and
added
by adding at the end the following:
added “(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:
added “(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.
added “(B) Public Assistance—A grantee under sections 403, 406, 407, and 502, may be reimbursed not more than 10 percent of the total award amount under such sections, of which not more than 6 percent may be used by the grantee and 4 percent by the subgrantee for such costs.”
Sec. 308 Debts owed to the United States related to disaster assistance
added
Definition— In this section, the term “covered assistance” means assistance provided—
added
under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
added
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.
removed
Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—
changed
Waiver authority— in subsection (a) by inserting “direct and” before “indirect”; andNotwithstanding section 3716(e) of title 31, United States Code, the Administrator of the Federal Emergency Management Agency—
added
subject to paragraph (2), may waive a debt owed to the United States related to covered assistance provided to an individual or household if—
added
the covered assistance was distributed based on an error by the Federal Emergency Management Agency;
added
there was no fault on behalf of the debtor; and
added
the collection of the debt would be against equity and good conscience; and
added
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.
added
Monitoring of covered assistance distributed based on error—
removed
in subsection (b)—
changed
In general— by striking “Notwithstanding” The Inspector General shall monitor the distribution of covered assistance to individuals and inserting households to determine the following:percentage of such assistance distributed based on an error.
removed
“(1) In general—Notwithstanding”
changed
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 striking “establish” and inserting the following: “implement Federal Emergency Management Agency exceeds 4 percent of the following:”; andtotal amount of covered assistance distributed—
added
the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and
added
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.
removed
by adding at the end the following:
removed
“(2) Specific management costs—The President shall award the following rates for direct and indirect management costs to allow grantees and subgrantees to be reimbursed up to the following percentages of the grant award to cover direct and indirect management costs of administering the following programs:
removed
“(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; and
removed
“(B) Repair, restoration, and replacement of damaged facilities—A grantee under section 406 may be reimbursed not more than 10 percent of the total amount of the grant award under such section of which not more than 6 percent may be used by the grantee and 4 percent by the subgrantee for such costs.”
Sec. 309 Statute of limitations for debts owed to the United States related to disaster assistance
added 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—
removed
Definition— In this section, the term “covered assistance” means assistance provided—
removed
under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
removed
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.
changed
Waiver authority— Notwithstanding payments made to an individual or household under section 3716(e) of title 31, United States Code, the Administrator 408 of the Federal Robert T. Stafford Disaster Relief and Emergency Management Agency—Assistance Act (42 U.S.C. 5174) more than 3 years after the last date on which such payments were made; or
added
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.
removed
subject to paragraph (2), may waive a debt owed to the United States related to covered assistance provided to an individual or household if—
removed
the covered assistance was distributed based on an error by the Federal Emergency Management Agency;
removed
there was no fault on behalf of the debtor; and
removed
the collection of the debt would be against equity and good conscience; and
removed
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.
Sec. 310 Technical assistance and recommendations
added
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.
removed
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—
changed
Recommendations— payments made Not later than 1 year after the date of enactment of this Act, the Administrator shall provide recommendations to an individual or household under section 408 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 Robert T. Stafford Disaster Relief Agency has made in its explorations of this issue and Emergency Assistance Act (42 U.S.C. 5174) more than 3 years after the last date potential challenges identified since the Agency issued its report on which such payments were made; orMay 22, 2014.
removed
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. 311 Local impact
addedadded In making recommendations to the President regarding a major disaster declaration, the Administrator shall give greater weight and consideration to severe localized impact. Further, the Administrator shall make corresponding adjustments to the Agency’s policies and regulations. Not later than 1 year after the date of enactment of this section, the Administrator shall report to the Committees on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the changes made to regulations and policies and the number of declarations that have been declared based on the new criteria.
Sec. 312 Proof of insurance
addedadded 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.