59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–436 

FEMA DISASTER ASSISTANCE REFORM ACT OF 2015 

FEBRUARY 29, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 1471] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 1471) to reauthorize the programs and 

activities of the Federal Emergency Management Agency, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 11 

Background and Need for Legislation .................................................................... 11 

Hearings ................................................................................................................... 23 

Legislative History and Consideration .................................................................. 25 

Committee Votes ...................................................................................................... 25 

Committee Oversight Findings ............................................................................... 25 

New Budget Authority and Tax Expenditures ...................................................... 25 

Congressional Budget Office Cost Estimate .......................................................... 25 

Performance Goals and Objectives ......................................................................... 30 

Advisory of Earmarks .............................................................................................. 30 

Duplication of Federal Programs ............................................................................ 30 

Disclosure of Directed Rule Makings ..................................................................... 30 

Federal Mandate Statement ................................................................................... 31 

Preemption Clarification ......................................................................................... 31 

Advisory Committee Statement .............................................................................. 31 

Applicability of Legislative Branch ........................................................................ 31 

Section-by-Section Analysis of Legislation ............................................................ 31 

Changes in Existing Law Made by the Bill, as Reported ..................................... 33 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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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. Reauthorization of emergency management assistance compact grants. 

Sec. 303. Nonprofit facilities. 

Sec. 304. Statute of limitations. 

Sec. 305. Action plan to improve field transition. 

Sec. 306. Simplified procedures. 

Sec. 307. Management costs. 

Sec. 308. Debts owed to the United States related to disaster assistance. 

Sec. 309. Statute of limitations for debts owed to the United States related to disaster assistance. 

Sec. 310. Technical assistance and recommendations. 

Sec. 311. Local impact. 

Sec. 312. Proof of insurance. 

TITLE IV—WILDFIRE PREVENTION AND MITIGATION 

Sec. 401. Wildfire mitigation assistance. 

Sec. 402. 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— 


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(1) entities engaged in federally funded research; and 

(2) academic institutions engaged in relevant work and research. 

(d) RECOMMENDATIONS.—Not later than 120 days after the date of enactment of 

this Act, the National Advisory Council shall convene to evaluate the following topics and develop recommendations for reducing disaster costs and losses: 

(1) DISASTER LOSSES.— 

(A) COST TRENDS.—Trends in disaster costs including loss of life and injury, property damage to individuals, the private sector, and each level of 

government (State, local and tribal) since the enactment of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), to the extent data is available. 

(B) CONTRIBUTING FACTORS.—Contributing factors such as shifting demographics and aging infrastructure and their impacts on the trends in disaster losses and costs. 

(2) DISASTER COSTS.— 

(A) TRENDS IN DECLARATIONS.—Trends in disaster declarations, including 

factors contributing to the trends. 

(B) DISASTER ASSISTANCE.—Disaster assistance available from all Federal 

sources, including descriptions of programs, eligibility and authorities, 

where assistance has been used geographically, how quickly the funds are 

used, how that assistance is coordinated among the various agencies and 

departments, and recommendations for ways to improve the effectiveness 

and efficiency of the delivery of such assistance. 

(C) COSTS.—Disaster costs borne by the private sector and individuals. 

(3) DISASTER ROLES AND RESPONSIBILITY.—Fundamental principles that 

should drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector and individuals. 

(4) REDUCTION OF COSTS AND LOSSES.— 

(A) MECHANISMS AND INCENTIVES.—Mechanisms and incentives, including 

tax incentives, to promote disaster cost reduction, mitigation, and recovery, 

including cost data, projections for the return on investment, and measures 

of effectiveness. 

(B) IDENTIFICATION OF CHALLENGES.—Identify fundamental legal, societal, geographic and technological challenges to implementation. 

(5) LEGISLATIVE PROPOSALS.—Legislative proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 

1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2). 

(e) REPORT TO ADMINISTRATOR AND CONGRESS.—Not later than 1 year after the 

date of enactment of this section, the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsection (d) to— 

(1) the Administrator of the Federal Emergency Management Agency; 

(2) the Committee on Transportation and Infrastructure of the House of Representatives; and 

(3) the Committee on Homeland Security and Governmental Affairs of the 

Senate. 

The Administrator shall make the data collected pursuant to this section publically 

available on the Agency’s website. 

TITLE III—STAFFORD ACT AND OTHER 

PROGRAMS 

SEC. 301. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE SYSTEM. 

(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of 

the Federal Emergency Management Agency. 

‘‘(2) AGENCY.—The term ‘Agency’ means the Federal Emergency Management 

Agency. 

‘‘(3) HAZARD.—The term ‘hazard’ has the meaning given that term by section 

602. 


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‘‘(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 


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‘‘(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 MEM- BERS.— 

‘‘(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. 

‘‘(i) CERTAIN BENEFITS.—In the case of a death or disability, a System member 

(or in the case of the death of the 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 I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. chapter 46, subchapter XII) if the System member meets the requirements of 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). 

‘‘(j) 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. 

‘‘(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 


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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. 

‘‘(l) 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). 

‘‘(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. 

‘‘(n) 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. 

‘‘(o) 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. 

‘‘(p) OBLIGATIONS.—The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. 

‘‘(q) 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 


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(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. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS. 

(a) IN GENERAL.—Subtitle A of title VI of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS. 

‘‘(a) IN GENERAL.—The Administrator of the Federal Emergency Management 

Agency may make grants to provide for implementation of the Emergency Management Assistance Compact consented to by Congress in the joint resolution entitled 

‘Joint resolution granting the consent of Congress to the Emergency Management 

Assistance Compact’ (Public Law 104–321; 110 Stat. 3877). 

‘‘(b) ELIGIBLE GRANT RECIPIENTS.—States and the Administrator of the Emergency Management Assistance Compact shall be eligible to receive grants under 

subsection (a). 

‘‘(c) USE OF FUNDS.—A grant received under this section shall be used— 

‘‘(1) to carry out recommendations identified in the Emergency Management 

Assistance Compact after-action reports for the 2004 and 2005 hurricane seasons; 

‘‘(2) to administer compact operations on behalf of States, as such term is defined in the compact, that have enacted the compact; 

‘‘(3) to continue coordination with the Federal Emergency Management Agency and appropriate Federal agencies; 

‘‘(4) to continue coordination with States and local governments and their respective national organizations; and 

‘‘(5) to assist State and local governments, emergency response providers, and 

organizations representing such providers with credentialing the providers and 

the typing of emergency response resources. 

‘‘(d) COORDINATION.—The Administrator of the Federal Emergency Management 

Agency shall consult with the Administrator of the Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests 

for assistance. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section $2,000,000 for each of the fiscal years 2016, 2017, and 2018. 

Such sums shall remain available until expended.’’. 

(b) REPEAL.—Section 661 of the Post-Katrina Emergency Management Reform Act 

of 2006 (Public Law 109–295; 6 U.S.C. 761) is repealed. 

SEC. 303. NONPROFIT FACILITIES. 

(a) DEFINITION OF PRIVATE NONPROFIT FACILITY.—Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122(11)(B)) is amended to read as follows: 

‘‘(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.’’. 

(b) REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.—Section 

406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 


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(42 U.S.C. 5172(a)(3)) is amended by striking ‘‘communications,’’ and inserting ‘‘communications (including public broadcasting),’’. 

SEC. 304. 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. 305. 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. 306. 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. 307. MANAGEMENT COSTS. 

Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5165b) is amended— 

(1) in subsection (a) by striking ‘‘any administrative expense, and any other 

expense not directly chargeable to’’ and inserting ‘‘direct administrative cost, 

and any other administrative expense associated with’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘Notwithstanding’’ and inserting the following: 

‘‘(1) IN GENERAL.—Notwithstanding’’. 

(B) by striking ‘‘establish’’ and inserting the following: ‘‘implement the following:’’; and 

(C) by adding at the end the following: 

‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct 

and indirect costs of administering the following programs: 

‘‘(A) HAZARD MITIGATION.—A grantee under section 404 may be reimbursed not more than 15 percent of the total amount of the grant award 


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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. 308. 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. 309. 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. 310. 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 

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operatives 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. 311. 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. 312. 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. 

TITLE IV—WILDFIRE PREVENTION AND 

MITIGATION 

SEC. 401. WILDFIRE 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. 

(c) AUTHORITY TO TRANSFER.—For major disaster relief funds made available to 

the Disaster Relief Fund for the specified purpose of wildfire suppression activities 

on Federal lands, the Administrator of the Federal Emergency Management Agency 

may authorize transfer of these funds to the Department of Interior and the Department of Agriculture. 

SEC. 402. 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; 


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‘‘(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.’’. 

PURPOSE OF LEGISLATION

H.R. 1471, as amended, would reauthorize the programs and activities of the Federal Emergency Management Agency (FEMA). 

BACKGROUND AND NEED FOR LEGISLATION

Federal Emergency Management Agency: history and reauthorization 

FEMA was established in 1979 by Executive Order 12148 by 

President Jimmy Carter in response to a number of massive disasters in the 1960’s and 1970’s. As a result of states trying to manage 

these disasters, the National Governors Association and others 

made a proposal to streamline and cut the number of agencies 

states were required to work with following a disaster. Prior to the 

creation of FEMA, the federal government’s emergency response 

mechanisms were scattered among many agencies throughout government. The creation of FEMA helped to centralize these authorities and the coordination of the federal government’s response to a 

disaster. The Disaster Relief Act of 1974 (Public Law 93–288), 

which constituted the statutory authority for most federal disaster 

response activities, especially of FEMA, was later amended by the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act, 

also known as the Stafford Act (Public Law 100–707). Following 

more than two decades as an independent agency, the Homeland 

Security Act of 2002 (Public Law 107–296) created the Department 

of Homeland Security (DHS), placed FEMA within DHS, and 

FEMA’s functions were dispersed among various offices and directorates within DHS. 

Post-Katrina Emergency Management Reform Act of 2006 

In 2005, Hurricanes Katrina and Rita devastated the Gulf Coast. 

Following the poor response that occurred, several investigations 

and congressional hearings took place to examine the preparation 

for, response to, and later recovery from these hurricanes. In particular, the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina was formed and culminated in the issuance of a report entitled, ‘‘A Failure of Initiative: The Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina’’ on 

February 15, 2006. 

Not long after the issuance of this report, Congress enacted the 

Post-Katrina Emergency Management Reform Act of 2006 (Public 

Law 109–295) (PKEMRA), which gave FEMA clear guidance on its 


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mission and priorities, and provided it with the authorities and 

tools needed to become a more effective and efficient agency and a 

better partner to state, local, territorial, and tribal governments. 

PKEMRA authorized FEMA for the first time in legislation. 

Sandy Recovery Improvement Act of 2013 

On October 29, 2012, Hurricane Sandy made landfall at New 

Jersey as a ‘‘post-tropical cyclone’’ with hurricane-force winds of up 

to 80 mph, colliding with a nor’easter and creating ‘‘Superstorm 

Sandy.’’ The superstorm brought with it storm surges of more than 

11 feet, killing more than 100 people, destroying or damaging thousands of homes, and leaving more than eight million people without power. 

In the aftermath of Superstorm Sandy, Congress enacted reforms 

to the disaster recovery process as part of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2) (SRIA). The reforms included in SRIA were based on previous Committee hearings and investigations related to streamlining, speeding up and reducing the 

costs of rebuilding following major disasters. These reforms had 

also been incorporated into H.R. 2903, the FEMA Reauthorization 

Act of 2012, which passed the House on September 19, 2012. 

The intent of SRIA, enacted on January 29, 2013, was to speed 

up and streamline Superstorm Sandy recovery efforts, reduce costs, 

and improve the effectiveness of several disaster assistance programs authorized by the Stafford Act: the Public Assistance Program, the Individual Assistance Program, and the Hazard Mitigation Grant Program. SRIA grants FEMA greater flexibility to speed 

up recovery efforts, reduce overall costs of projects, and reduce the 

administrative burden and costs. 

Major reforms in SRIA included: expediting debris removal and 

public assistance procedures; expediting hazard mitigation funding 

to ensure mitigation is effectively incorporated in the rebuilding 

process; establishing a limited dispute resolution pilot program to 

resolve disputes over assistance more quickly and drive projects to 

closure and avoid cost overruns; simplifying the review for environmental and historic requirements for rebuilding damaged infrastructure; and providing for disaster declarations for tribal governments. 

FEMA Disaster Assistance Reform Act of 2015 

H.R. 1471, the FEMA Disaster Assistance Reform Act of 2015, 

establishes a comprehensive study to assess disaster costs and develop recommendations for reducing those costs, reauthorizes 

FEMA’s overall management and administration through fiscal 

year 2018, and reauthorizes and authorizes other programs important to disaster preparedness, response, recovery and mitigation. 

Comprehensive Study for Disaster Costs and Losses 

Disaster costs and losses continue to increase and H.R. 1471 

would require a complete assessment of those losses, what is driving those losses, what federal disaster assistance is available to individuals and the public and private sectors, the appropriate roles 

of each of those parties, and what public policy changes would result in fewer disaster losses and lower disaster costs. 


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The study will be undertaken through the existing National Advisory Council established by FEMA pursuant to section 508 of the 

Post-Katrina Emergency Management Reform Act of 2006 (6 

U.S.C. 318). The Administrator is required to appoint additional 

members for the purpose of the study to ensure that the full array 

of public and private sector stakeholders are involved and contributing. The Committee does not intend for these additional members 

to become permanent members of the National Advisory Council, 

but are to participate fully until the completion of the study and 

recommendations. 

FEMA is to be wholly transparent throughout the study by posting data, findings and other materials on their website, to the extent that the data and information does not include private, sensitive or secure information. Periodic updates should be given to 

the Committee. 

Urban Search and Rescue (USAR) System 

Currently, there are 28 FEMA USAR Task Forces located 

throughout the continental United States that are trained and 

equipped by FEMA. These teams are comprised of firefighters, engineers, medical professionals, canine/handler teams, and emergency managers with special training in urban search and rescue. 

These teams serve as a national resource for disaster response and 

represent partnerships between state fire departments and law enforcement agencies, federal and local governmental entities and 

private companies. 

Typically, the teams are trained to conduct physical search and 

rescue missions in collapsed buildings, provide emergency medical 

care to trapped victims, assess and control gas, electric service and 

hazardous materials, and evaluate and stabilize damaged structures. If a disaster event warrants national USAR support, FEMA 

will deploy the three closest task forces within six hours of notification and additional teams as necessary. The role of these task 

forces is to support state and local emergency responders’ efforts to 

locate victims and manage response operations. 

Emergency Management Assistance Compact (EMAC) 

EMAC is a national interstate agreement approved by Congress 

that provides an effective avenue by which states can provide one 

another mutual aid in the event of a disaster. Through EMAC, a 

state impacted by a disaster can request and receive assistance 

from other member states more quickly and efficiently, by addressing concerns with regard to liability and reimbursement. 

Statute of Limitations 

H.R. 1471 re-institutes a three year statute of limitations and establishes that this statute shall begin to toll when each project has 

been concluded. FEMA’s existing regulations for ‘‘payment of 

claims’’ requires that each subgrantee notify the state when all 

projects have been completed. The Committee understands FEMA 

does not have a consistent form for how this notification is provided. Therefore, FEMA should accept reasonable notifications submitted to meet this requirement as satisfaction of meeting the requirement to submit an ‘‘expenditure report for project completion 

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1 Committee on Transportation and Infrastructure. ‘‘Rebuilding after the Storm: Lessening Impacts and Speeding Recovery,’’ January 27, 2015. 

cating completion or other written communication that funds have 

been expended and the project is complete. The Committee urges 

FEMA to work closely with grantees to encourage the timely closeout of projects. The Committee also encourages FEMA to develop 

a uniform process and clear guidance for grantees and subgrantees 

to meet this requirement. 

This legislative change should be applied to any action FEMA 

has pending against a state, local or tribal government to recover 

disaster assistance payments where the grantee has not received a 

final agency determination (e.g., the applicant has not exhausted 

all administrative remedies and their appeals have not concluded). 

Action Plan to Improve Field Transition 

Even after the Hurricane Katrina investigations, multiple Office 

of Inspector General and General Accountability Office reports, and 

amended legislative authorities, the Committee continues to hear 

about challenges with FEMA’s disaster workforce. State and local 

emergency managers raise concerns about frequent turnover, the 

loss of paperwork, and inconsistent guidance which results in 

project delays, increased administrative expenses, frustration, and, 

in the worst-cases, the loss of recovery funds that are ultimately 

recouped by FEMA. 

FEMA has implemented several new technologies for its full-time 

managers and staff, but it does not appear that the same efforts 

have been undertaken for field and temporary disaster response 

personnel. The Committee requires the Administrator to develop 

an action plan for issuing consistent guidance to applicants, ensuring the maintenance of appropriate records, and easing the administrative burden of obtaining and monitoring assistance from 

FEMA. FEMA must articulate an action plan for implementing 

proper operating procedures and document retention requirements 

in the field to ensure the maintenance of appropriate records 

throughout the lifecycle of the disaster. Finally, FEMA must identify new technologies that would further aid the disaster workforce 

in partnering with state, local and tribal governments and private 

non-profits in the wake of a disaster or emergency. 

Simplified Procedures 

In order to lower the cost of administering small repair projects, 

Congress granted FEMA the authority to expedite assistance based 

on estimates for certain projects through simplified procedures in 

the Disaster Mitigation Act of 2000 (P.L. 106–390). FEMA testified 

on January 27, 2015, that increasing the simplified procedures 

threshold would result in lower administrative costs, faster project 

completions, and eliminate federal responsibility for project cost 

overruns.1

The Committee expects that FEMA will continue to report on 

cost-effectiveness, speed of recovery, capacity of grantees, past performance and accountability measures, as currently required by 

statute. 


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Management Costs 

The Committee expects this change to result in lower federal 

costs to administer disaster programs. The Committee requests 

FEMA provide periodic updates as savings are realized. 

Debts Owed to the United States Related to Disaster Assistance 

In the wake of a Presidential major disaster declaration, FEMA 

may provide financial assistance to individuals who have necessary 

expenses and serious needs they are unable to meet by other 

means through the individual and households program. To date, 

FEMA has provided $1.4 billion to Hurricane Sandy disaster survivors. While FEMA has implemented controls to avoid improper 

payments, errors are made. The current error rate for Hurricane 

Sandy is two percent. 

H.R. 1471 grants the Administrator authority to waive debts incurred as a result of improper payments where there is no evidence 

of fraud. However, if FEMA’s error rate exceeds four percent in a 

12-month period, the Administrator will no longer have the discretion to waive the debts and they must be enforced on a disaster by 

disaster basis. The Committee expects the error rate calculation to 

be based on the calendar year and that the authority to waive 

debts to be reinstated once the error rate for that calendar year has 

been reduced below four percent. H.R. 1471 also institutes a three 

year statute of limitation ensuring that any collection actions are 

initiated as quickly as possible. 

Technical Assistance and Recommendations 

The bill includes language to address long-standing ambiguities 

in eligibility for FEMA assistance, specifically for housing cooperatives, condominium associations, and community associations. The 

Stafford Act does not include a definition of condo or co-op. This 

ambiguity has led to significant confusion about their eligibility for 

assistance and made it nearly impossible for residents of condos 

and co-ops to make the common areas of their buildings habitable. 

Language was included in the fiscal year 2014 Homeland Security 

Appropriations bill directing FEMA to advise Congress on the eligibility of condos and co-ops for disaster assistance, including recommendations for how Congress could change the statute to make 

condos and co-ops eligible. In their response, FEMA failed to provide Congress with any concrete recommendations. Their response 

stated they were ‘‘exploring the program implications surrounding 

Stafford Act changes that would authorize FEMA’’ to assist condos 

and co-ops with repairs to common areas and would need to ‘‘explore the challenges such a change would likely present.’’ That answer was unresponsive to Congress’ question. 

H.R. 1471 directs FEMA to update the House and Senate committees on the status of those explorations and the recommendations they have for providing FEMA assistance to condos and coops for common areas after a disaster. FEMA’s answer should focus 

on proposed statutory changes to the Stafford Act but also discuss 

administrative or regulatory changes and guidance or internal recommendations the agency could make to address the gap. This report will continue our discussions with FEMA in a constructive 

way. 


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Localized Impact 

In recent years, there has been more evidence of devastated 

small and rural communities not receiving disaster assistance in a 

fair and equitable manner compared to other, larger communities 

and neighboring states. 

For example, on November 17, 2013, 15 counties in Illinois were 

hit by the fourth largest November tornado outbreak in the history 

of the United States. The storm system produced 67 tornadoes 

throughout the Midwest, 24 of which touched down in Illinois, 

causing widespread destruction throughout the state. Six fatalities 

and at least 180 injuries resulted. The damage in neighboring 

states of Missouri and Kentucky received federal disaster assistance, but Illinois did not. 

In another example from the year before, a tornado outbreak hit 

the Midwest on February 28–29, 2012 causing substantial damage 

in Indiana, Kentucky, Ohio and Illinois. The most powerful tornado 

during this outbreak hit Harrisburg, IL which was especially devastated after an EF–4 Tornado killed 8 people and destroyed hundreds of buildings and homes. In this case, FEMA declared Indiana 

and Kentucky federal disaster areas, while denying disaster assistance for Ohio and Illinois. 

FEMA takes into account several factors when determining the 

recommendation for a major disaster declaration to the President. 

However, there is currently no standard to determine which factor 

is more important than another. FEMA is prohibited by law from 

using a mathematical formula to determine eligibility for a major 

disaster declaration. 

H.R. 1471 directs the Administrator to give greater weight and 

consideration to severe localized impact in making recommendations to the President for public and individual assistance through 

a major disaster declaration. 

Proof of Insurance 

Recipients of FEMA hazard mitigation assistance to mitigate 

structures are required to obtain and maintain flood insurance to 

protect the federal investment in that property. Each state is required to show FEMA evidence that the required insurance has 

been obtained and maintained by the grant recipients. H.R. 1471 

allows for the state to use an encumbered title in satisfaction of the 

required documentation to illustrate that the insurance requirement is being enforced. The title for property receiving the benefit 

of the hazard mitigation grant must carry a requirement that flood 

insurance be purchased and maintained in perpetuity. 

H.R. 1471 in no way reduces or removes the flood insurance requirement. FEMA will continue to reduce or eliminate future disaster assistance for specific properties that have failed to meet the 

requirement to purchase and maintain flood insurance. 

Wildfire Prevention, Suppression and Mitigation 

The Predictive Services of the National Interagency Fire Center 

predicts many areas of the Nation will experience above normal 

wildland fire potential in 2015. At the beginning of 2015, the Center noted that some areas of the country remain in states of extreme to exceptional drought. In addition, many areas experienced 

low snowfall during the winter of 2014–2015. Combining the low 


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snowpack and extreme drought with the higher than average temperatures predicted for April through June and a likely result is increased wildfires this season. 

According to data from federal and state agencies, in 2014 there 

were 63,212 wildfires that burned approximately 3.6 million acres. 

In 2013, approximately 47,579 wildfires on state and federal lands 

burned over 4.3 million acres of land, sixty-eight percent (approximately 2.9 million acres) of which were federal lands. Data indicates that during 1983 to 2014, the number of reported wildfires 

has remained constant while the number of acres burned has 

steadily increased. 

FEMA’s Fire Management Assistance Grant (FMAG) program 

provides a tool to help states and local governments respond to 

wildfires and prevent them from becoming major disasters. FMAG 

provides aid in responding to the fire, but does not fund mitigation 

or recovery operations. After a fire has been extinguished, the 

after-effects can still threaten a community. For example, wildfires 

make communities more vulnerable to flash floods and mudslides 

caused by rainstorms. State and local jurisdictions can take actions 

to prevent flooding, mudslides and future wildfires, such as installing erosion and flood barriers, re-seeding burned ground, re-planting trees, and creating defensible space to protect chronically atrisk structures. Unfortunately, states that receive grants from 

FMAG do not receive increased hazard mitigation assistance to 

help communities protect themselves from the threat of post-wildfire flooding, mudslides, or future fires. The Committee believes 

that States should receive hazard mitigation assistance from 

FEMA when a fire triggers FMAG assistance. The Committee 

urges FEMA to encourage states receiving increased hazard mitigation assistance, because it received a FMAG, to allocate this assistance to help communities that were affected by the wildfires that 

were covered by the grant. 

In addition, the Committee notes that in many states located in 

the western part of the Nation, the federal government is often one 

of the largest landowners. For example, in the State of Oregon 

forty-eight percent, or thirty million acres, of the State’s sixty-three 

million acres are forest lands. Of the thirty million acres of forest 

lands, sixty percent are owned by the federal government. The federal government, through the Forest Service at the Department of 

Agriculture and the Department of the Interior, is responsible for 

suppressing wildfires on federal lands while states are responsible 

for fighting fires on state and private lands. 

Wildfire suppression on Federal lands is funded through wildfire 

management accounts at both the Forest Service within the Department of Agriculture and the Department of Interior. For fiscal 

years 2011 through 2015, the combined amount appropriated by 

Congress to these two agencies for wildfire management averaged 

$3.3 billion per year. These suppression accounts fund activities, 

such as firefighter salaries, aviation asset operations, incident support functions, temporary emergency firefighters, and aircraft flight 

operations that help to suppress fires that threaten lives and property. Between fiscal years 2012 to 2014, suppression obligations accounted for 22 percent to 30 percent of the Forest Service’s total 

obligations. 


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2 http://www.usgs.gov/blogs/features/usgs_top_story/new-insight-on-the-nations-earthquakehazards/ 

Both agencies use a ten-year suppression average to estimate the 

amount requested annually. Although the estimates have fallen 

short in some years, the estimates are used by Congress to determine how much to fund wildfire suppression. When all wildfire 

suppression funds have been used, both agencies are authorized to 

transfer funds from other programs and accounts if necessary to 

continue funding wildfire suppression. Typically, the accounts borrowed from are replenished in the following fiscal year’s appropriations act. But the borrowing that occurs when wildfire suppression 

funds have been depleted impacts the agencies’ other programs, as 

well as affects local governments and tribes. In a 2004 report, GAO 

noted the negative impact transferring funds from other accounts 

has on the ability of the agencies to fulfill their other mission as 

well as on the agencies’ relationships with State, local, and tribal 

governments. 

Earthquake Hazard Mitigation 

Over the last five years, there have been at least six catastrophic 

earthquakes globally. On May 12 and April 25, 2015, just two 

weeks apart, a 7.3 magnitude earthquake and a 7.8 magnitude 

earthquake struck Nepal. On March 11, 2011, a 9.0 magnitude 

earthquake jolted Honshu, Japan. In 2010, there were two powerful earthquakes within a month of each other—the January 12 

earthquake in Haiti and the February 27, 8.8 magnitude earthquake in Chile. Combined, these earthquakes caused hundreds of 

thousands of deaths and injuries and a tremendous amount of 

property damage. Some caused tsunamis that washed away towns 

and resulted in damage in other countries. Here in the United 

States, the most recent devastating earthquakes were over 20 

years ago in California: the October 17, 1989, Loma Prieta 6.9 

earthquake, which resulted in 63 deaths and thousands of injuries 

and the January 17, 1994, Northridge 6.7 earthquake, which resulted in 57 deaths, more than 5,000 injured, and an estimated $20 

billion in property damage. 

Every state has the potential for earthquakes, and the Geological 

Survey estimates that ‘‘42 of the 50 states have a reasonable 

chance of experiencing damaging ground shaking from an earthquake in 50 years (the typical lifetime of a building).’’ 2 Earthquakes pose a national challenge because 75 million Americans live 

in areas of significant seismic risk. Unlike hurricanes, tornados, 

and other storms, earthquakes strike without warning and may 

trigger devastating secondary effects, such as landslides, fires, 

tsunamis, and nuclear meltdowns. The damage wrought by earthquakes has a significant impact on people, infrastructure, and the 

economy. 

H.R. 1471 clarifies that activities to help reduce the risk of future damage, hardship, loss or suffering in an area affected by 

earthquake hazards are eligible for hazard mitigation grant program assistance from FEMA. The Committee urges FEMA to encourage states at high risk from earthquake hazards to allocate 

hazard mitigation assistance to communities to conduct activities 

to reduce potential earthquake damage and loss. More specifically, 


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the Committee clarifies that hazard mitigation assistance may be 

used to improve regional seismic and geodetic networks in support 

of building a capability for earthquake early warning, include 

seismometers, GPS receivers, and associated infrastructure. 

Other issues 

Fuel Delivery in the Wake of Disasters 

The lack of accessible aviation, diesel and unleaded fuel in the 

first hours of disasters, such as Hurricane Katrina and Superstorm 

Sandy, results in delayed response times for first responders and 

other critical resources. After action reports from each of these incidents identify the lack of uncontaminated mobile fuel as one of the 

biggest challenges throughout the entire disaster response, yet little has been done to address the issue in a substantive manner. 

FEMA’s current model of providing bulk fuel to its regions to 

meet fuel demands during disasters has proved woefully inadequate. To address this shortfall, the 2006 White House Report on 

‘‘Hurricane Katrina Lessons Learned’’ specifically stated: ‘‘FEMA’s 

pre-positioned supplies proved inadequate to meet these demands 

throughout the region after landfall.’’ The same report highlighted 

the consequence: ‘‘Emergency responders conducting life-saving operations demanded additional supplies and fuel.’’ The situation during Hurricane Sandy was no better as multiple C–130 aircraft were 

used to fly fuel supplies into the region when FEMA efforts proved 

insufficient. 

The Committee requests a briefing from FEMA on the policies 

and procedures enacted, or progress made, to address these critical 

shortcomings in its preparedness and how it intends to make mobile aviation, diesel and unleaded fuel available during disasters 

within the first 72-hours and throughout the duration of the response and recovery period. The Committee would also like to hear 

the specific steps FEMA is taking to develop doctrine that will, 

among other things, aid in the development of policies and procedures that allow for the effective accountability of mobile fuel distribution assets including real-time tracking and monitoring of fuel 

levels and distribution rates as well as how contaminated fuel in 

the affected area can be filtered, transported and distributed within 

affected areas throughout disaster recovery. 

Office of National Capital Region Coordination 

The Committee finds that unlike other parts of the country, a 

disaster in the National Capital Region affects not a city or a region, but the Nation itself because the National Capital Region is 

the seat of the federal government, including the Capitol, the Supreme Court, the White House, the headquarters of its agencies, 

and many secure facilities and iconic monuments. Even after the 

terrorist attacks of September 11, 2001, which targeted the National Capital Region, the region has faced several unprecedented 

emergencies, including the so-called ‘‘snowmageddon’’ in 2010 that 

shut down the region for days, the earthquake of 2011, Hurricane 

Sandy, the Navy Yard shooting on September 16, 2013, and other 

emergencies that have affected the federal government as a whole. 

These emergencies have also impacted public and private entities 

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dents and visitors. Major natural disasters and terrorist attacks occurring anywhere in the National Capital Region require a significant coordinated response. 

The Committee recognizes that for this reason, Congress, in the 

wake of 9/11, created the Office of National Capital Region Coordination (ONCRC), now located under FEMA. The ONCRC helps develop and coordinate strategic plans to improve the National Capital Region’s ability to prevent, prepare for, respond to, and recover 

from natural disasters and terrorist attacks. The term ‘‘National 

Capital Region’’ is defined in section 2674(f)(2) of title 10 of the 

United States Code as the geographic area located within the 

boundaries of the District of Columbia; Montgomery and Prince 

George’s Counties in the State of Maryland; Arlington, Fairfax, 

Loudon, and Prince William Counties and the City of Alexandria 

in the Commonwealth of Virginia; and all cities and local units of 

government in these geographic areas. 

The Committee is concerned that on July 2, 2013, FEMA announced that it would realign the ONCRC and relocate the office 

to the FEMA Region 3 office in Philadelphia, PA, hundreds of miles 

away. Not only was this decision wholly inconsistent with legislative direction provided by Congress, but the proposed realignment 

was developed without any stakeholder input. The realignment 

also proposed to reduce ONCRC staff and budget by over 30 percent. This move would weaken this office, which has been under 

scrutiny for years for failing to meet its mission of assisting emergency management officials in the National Capital Region. For example, a recent GAO report found that the ONCRC failed to assist 

regional officials in developing performance measures or in identifying funding for preparedness investments. 

Congress was so concerned by this proposal that it directed 

FEMA to cease all realignment activities, assess the office, and develop a plan for meeting the statutory mandate of the ONCRC, as 

laid out in the Homeland Security Act. The Committee requests 

FEMA fully inform it of any proposed restructuring before the office is relocated. 

Flooding on Agricultural lands 

The Committee understands that some areas of the Wallkill 

River in New York are subject to frequent and severe flooding, resulting in billions of dollars in damage. Orange County, New York 

has sought to use hazard mitigation funds, made available through 

the Disaster Relief Appropriations Act, to mitigate this flood issue. 

The Committee requests FEMA to determine which funds may be 

used to assist these communities in their mitigation efforts, including but not limited to the funds available through the Disaster Relief Appropriations Act. 

Issues in Indian country 

Disasters that occur in Indian country often involve lands administered by the Department of the Interior (DOI). Many DOI agencies may have resources available that could be used to assist in 

disaster response and recovery. The Committee has received testimony indicating that better coordination between FEMA and DOI 

agencies, specifically the Bureau of Indian Affairs, could improve 

response and immediate recovery operations to future disasters in 


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Indian country, specifically coordination in acquisition of response 

and recovery supplies and resources. The Committee encourages 

FEMA to enter into Memoranda of Agreements or revisit existing 

protocols with DOI to ensure that appropriate accounting, reimbursement mechanisms, and other issues are in place for Indian 

tribes to obtain the necessary supplies they may need in future disasters. 

The Committee has also received testimony indicating that confusion exists among regional FEMA personnel regarding disaster 

that occur on tribal lands. Specifically, when FEMA calculates initial damage thresholds to determine whether a disaster declaration 

should be made or the type of assistance to provide improvements 

and structures on lands held in trust for Indian tribes are being 

excluded. The Committee urges FEMA to provide guidance to regional FEMA personnel clarifying that improvements and structures on Indian trust land should be included in calculating all applicable damages thresholds. 

Disaster Declarations 

The Committee understands that when the regional administrators of FEMA recommend disapproval of a major disaster declaration request (pursuant to 44 CFR 206.37) the rationale behind such 

recommendation may not be available to the requesting Governor. 

The Committee urges FEMA to provide such rationale to the relevant Governor(s) for the purposes of ensuring there is appropriate 

transparency in the process and an understanding on the part of 

the Governor in making determinations associated with future disasters. 

Guidance to States on Emergency Declaration 

The Stafford Act, as originally drafted and carefully amended to 

maintain, ensures that FEMA has broad authority and flexibility 

to assist state, tribal and local governments in the wake of a disaster or emergency, when necessary. In the past year, the Nation 

has seen multiple scenarios that are poised to challenge the federal 

government’s traditional definitions of disasters and emergencies, 

as well as the assistance that might be eligible under the Stafford 

Act programs. The Committee recommends that FEMA develop 

clear guidance to inform states on how to work with FEMA in 

these ‘‘nontraditional’’ events and, when necessary, what information should be included in a disaster or emergency request. FEMA 

should also include in that guidance information on specific assistance that may be available or eligible for reimbursement, as lessons are learned from these responses. 

For example, in January 2014, a chemical leaked into the Elk 

River near Charleston, West Virginia. While the President issued 

an emergency declaration, it was limited to direct federal assistance. It was clear from the response that this was a unique situation for FEMA. Over time, FEMA has developed its rules, regulations and guidance based on other ‘‘traditional’’ types of incidents 

requiring emergency declarations, and, as a result FEMA interpreted its rules, regulations and guidance during the Elk River 

chemical leak in a limited and narrow manner. The Committee recommends FEMA ensure that its rules, regulations, and guidance 

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aster assistance to local governments who are addressing the 

unique challenges of something like a chemical spill. For example, 

the State of West Virginia is very concerned that they were unable 

to obtain reimbursements for the costs to test the water to ensure 

the safety of local residents. This sort of assistance would likely 

have been viewed as an eligible, reimbursable expense under other 

declarations. The unique nature of the Elk River chemical spill 

should also be viewed by FEMA as a case study in how to respond 

to future chemical spills nationwide, whether intentional or otherwise. 

Report on Disaster Resistant Construction 

The Committee requests FEMA report to the Committee on specific guidance for disaster resistant construction techniques intended to reduce the impact of major disasters or hazards. The report should focus on the methods that can be employed to create 

disaster resistant communities to reduce loss of life and property 

and should include a summary of existing guidance and policies, 

the hazards against which they are intended to mitigate, and, 

FEMA’s process for reviewing and updating its guidance. In addition, the report should make use of existing Building Science 

Branch guidance and identify any gaps that exist. The Committee 

further believes it is important to ensure such guidance is readily 

available to key stakeholders. The Committee requests that the report be made available to all state governments to ensure such 

guidance can be considered and applied where appropriate. 

Pre-Disaster Mitigation 

The Committee continues to support the Pre-Disaster Mitigation 

(PDM) program to reduce the costs of future disasters. The Congressional Budget Office and the National Institute of Building 

Sciences concluded in separate studies that mitigation projects significantly reduce disaster losses and future federal disaster spending. Pre-disaster Mitigation grant projects are particularly cost effective because they are selected through a national competitive 

process. As a result, PDM projects are most likely to result in the 

largest reductions in federal flood insurance and disaster payments. 

Mitigation Policies and Planning 

The Committee remains committed to smart mitigation policies. 

The Committee expects FEMA to require mitigation plans based on 

cost-beneficial projects that are established through measurable, 

reliable, empirical data. The amount of available mitigation funding is significantly less than the number of potential projects and 

should be directed towards projects with the highest cost benefit 

rates. 

The Committee is concerned about FEMA’s recently issued policy, ‘‘Limits on Subsurface Uses of Hazard Mitigation Assistance 

Acquired Lands’’ (FP 302–405–46–1). This policy limits the ability 

of owners of repetitive flood loss properties to participate in home 

buyout programs. Home buyouts have the highest cost to benefit 

ratio because FEMA’s program completely and permanently removes structures from harm’s way to eliminate future disaster payments for those properties. 


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Disaster Resilient Universities Network 

Colleges and universities are critical to the economic health of 

their surrounding communities. Often serving as regional if not national hubs for innovation and research, their ability to resume operations quickly following a disaster greatly speeds the recovery of 

the entire community. In 2000, six schools participated in the 

FEMA Disaster Resistant Universities pilot initiative. The intent of 

FEMA’s initiative was to support university efforts to reduce and 

manage vulnerability to hazards. The pilot initiative yielded a 

grant program and a how-to guide focused on mitigation and risk 

reduction. The grant program was short-lived—there was only one 

funding cycle, and fewer than 20 schools received grant funding for 

campus mitigation planning. 

Several institutions of higher education kept the core concept of 

the Disaster Resilient Universities (DRU) alive. They saw the need 

for a practical, peer-to-peer network to support emergency management and disaster planning on their campuses. In 2005, the University of Oregon started the Disaster Resilient Universities (DRU) 

listserv with 35 members. The listserv quickly became the cornerstone of the DRU Network and served as a multidisciplinary, practitioner-based communication resource. The goal was simple: facilitate open communication, discussion, and resource sharing among 

university and college practitioners charged with making the Nation’s campuses more disaster resilient. As of 2015, there are over 

1,200 members on the DRU listserv. 

The DRU concept has continued to evolve over time. Key to the 

evolution was the formation of the University and College Caucus 

(UCC) under the International Association of Emergency Managers. The DRU Network and UCC have developed a number of 

tools and resources on a peer-to-peer multidisciplinary basis. These 

include: DRU listserv and repository; Annual University and College Caucus workshop; regional DRU summits; practitioner-based 

training and course development in partnership with FEMA Emergency Management Institute; standards and resilience crosswalk 

tool; higher education guidance for the Emergency Management 

Accreditation Program, and DRU incident tracking system. 

Over the past year, the International Association of Emergency 

Managers—Universities and College Caucus and Disaster Resilient 

Universities network has been working to develop the first National Intercollegiate Mutual Aid Agreement. The National Intercollegiate Mutual Aid Agreement among colleges and universities 

will provide a peer-to-peer network for institutions of higher education to coordinate assistance and share resources during emergencies. The Committee recognizes this as a positive step forward 

to protecting the mission of our nation’s universities and colleges 

and commends the DRU and UCC for advancing disaster resilience 

on our nation’s campuses. 

HEARINGS

The Subcommittee on Economic Development, Public Buildings, 

and Emergency Management, held the following hearings and 

roundtable discussions on subjects related to matters contained in 

H.R. 1471 during the 112th, 113th, and 114th Congresses: 


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‘‘Improving the Nation’s Response to Catastrophic Disasters: How 

to Minimize Costs and Streamline our Emergency Management Programs’’ held on March 30, 2011. The purpose of the hearing was 

to examine preparedness and response as it related to catastrophic 

disasters in the wake of the earthquake in Japan and how costs 

could be minimized and the process streamlined. 

‘‘FEMA Reauthorization and Cutting the Red Tape in Recovery’’ 

held on July 14, 2011. The purpose of the hearing was to examine 

the issues of communities recovering from a disaster in the context 

of FEMA reauthorization. 

‘‘FEMA Reauthorization: Recovering Quicker and Smarter’’ held 

on September 18, 2013. The purpose of the hearing was to review 

recovery efforts to Hurricane Sandy, the tornadoes in Oklahoma 

and other disasters to ensure effective coordination among federal, 

state, tribal, and local agencies in helping communities to recover 

in a quicker and smarter way. 

‘‘FEMA Reauthorization: Ensuring the Nation is Prepared’’ held 

on October 2, 2013. The purpose of the hearing was to examine 

FEMA’s IPAWS and USAR System to evaluate the need for reform 

legislation in the context of a proposed reauthorization of FEMA. 

‘‘Disaster Mitigation: Reducing Costs and Saving Lives’’ held on 

April 3, 2014. The purpose of the hearing was to review how disaster mitigation programs can save lives, reduce damage to property, and reduce costs at all levels, including costs to communities 

and individual property owners, and focus on how the federal government can encourage the utilization of these mitigation efforts at 

the state and local levels. 

‘‘Rebuilding after the Storm: Lessening Impacts and Speeding Recovery’’ held on January 27, 2015. The purpose of the hearing was 

to launch an assessment of the rising costs of disasters, the cost effectiveness of disaster assistance, strategies to reduce disaster 

losses, and the appropriate roles of government and the private 

sector, and to consider reforms to save lives through improved 

alerts and warning systems and search and rescue. 

‘‘What is Driving the Increasing Costs and Rising Losses from 

Disasters?’’ held on March 18, 2015. The purpose of the roundtable 

was to examine and discuss data related to disaster costs, the 

trends observed over time, and the projections for the future given 

the policies in place today. 

‘‘Pacific Northwest Seismic Hazards: Planning and Preparing for 

the Next Disaster’’ held on May 19, 2015. The purpose of the hearing was to assess FEMA’s role in earthquake hazard preparedness, 

mitigation, response, and recovery, and to examine the efforts of 

the Pacific Northwest and seismic hazard experts to reduce disaster impacts and build stronger communities. 

‘‘The State of Pennsylvania and FEMA Region III are Leaders in 

Mitigating Disaster Costs and Losses’’ held on May 28, 2015. The 

purpose of the roundtable was to examine disaster costs and losses, 

focus on hazards impacting Pennsylvania and the region, and identify best practices for mitigating and avoiding disaster impacts. 

‘‘Federal Disaster Assistance: Roles, Programs and Coordination’’ 

held on June 17, 2015. The purpose of the roundtable was to examine and discuss federal disaster assistance programs, the requirements and effectiveness of those programs, and coordination among 

various agencies and stakeholders. 


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LEGISLATIVE HISTORY AND CONSIDERATION

On March 19, 2015, Subcommittee on Economic Development, 

Public Buildings, and Emergency Management Chairman Lou 

Barletta (R–PA) introduced H.R. 1471, a bill to reauthorize the programs and activities of the FEMA, along with Subcommittee Ranking Member Andre ́ Carson (D–IN), Chairman Bill Shuster (R–PA) 

and Ranking Member Peter DeFazio (D–OR). 

On April 15, 2015, the Committee on Transportation and Infrastructure met in open session to consider H.R. 1471. The Committee considered two amendments—the amendment offered by 

Jeff Denham (R–CA) was offered and withdrawn. The Committee 

adopted one amendment by voice vote—a manager’s amendment offered by Subcommittee Chairman Lou Barletta (R–PA). The Committee ordered the bill, as amended, reported favorably to the 

House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 1471, 

as amended, or ordering the measure reported. A motion to order 

H.R. 1471, as amended, reported favorably to the House was 

agreed to by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 1471, as amended, from the Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 9, 2015. 

Hon. BILL SHUSTER, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1471, the FEMA Disaster 

Assistance Reform Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Martin von Gnechten. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 1471—FEMA Disaster Assistance Reform Act of 2015 

Summary: H.R. 1471 would authorize appropriations totaling $3.1 billion for the Federal Emergency Management Agency 

(FEMA) over the 2016–2018 period, CBO estimates. Those authorizations include about $2.8 billion for FEMA salaries and expenses. 

H.R. 1471 also would expand the availability of assistance for mitigating hazards related to wildfires. Based on historical spending 

patterns, CBO estimates that implementing the legislation would 

cost about $3 billion over the 2016–2020 period, assuming appropriation of the necessary amounts. 

Enacting this legislation would affect direct spending; therefore, 

pay-as-you-go procedures apply. However, CBO estimates that 

there would be no net effect on direct spending over the 2016–2025 

period. Enacting the bill would not affect revenues. 

H.R. 1471 would impose intergovernmental and private-sector 

mandates, as defined in the Unfunded Mandates Reform Act 

(UMRA), by eliminating an existing right to seek compensation for 

damages and by requiring employers to allow members of the 

urban search and rescue (US&R) response system to reclaim their 

jobs upon completing a deployment to a disaster. Based on information from FEMA, CBO estimates that the cost to comply with the 

mandates would fall below the annual thresholds established in 

UMRA for intergovernmental and private-sector mandates ($77 

million and $154 million, respectively, in 2015, adjusted annually 

for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1471 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016–2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

FEMA Salaries and Expenses 

Authorization Level ...................................... 947 947 947 0 0 2,841 

Estimated Outlays ....................................... 758 947 947 189 0 2,841 

US&R Response System 

Authorization Level ...................................... 50 50 50 0 0 150 

Estimated Outlays ....................................... 35 50 50 15 0 150 

EMAC Grants 

Authorization Level ...................................... 2 2 2 0 0 6 


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By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016–2020 

Estimated Outlays ....................................... 2 2 2 * 0 6 

Offset of Reduced Recoupment 

Estimated Authorization Level ..................... 12 8 5 0 0 25 

Estimated Outlays ....................................... 7 8 7 2 1 25 

Wildfire Mitigation 

Estimated Authorization Level ..................... 6 6 6 6 6 30 

Estimated Outlays ....................................... * 2 3 5 6 16 

Total Changes 

Estimated Authorization Level ............ 1,017 1,013 1,010 6 6 3,052 

Estimated Outlays .............................. 802 1,009 1,009 212 6 3,038 

CHANGES IN DIRECT SPENDING a

Forgone Recoveries of Improper Payments 

Estimated Budget Authority ........................ 12 8 5 0 0 25 

Estimated Outlays ....................................... 12 8 5 0 0 25 

Reduced Spending of Forgone Recoveries 

Estimated Budget Authority ........................ ¥12 ¥8 ¥5 0 0 ¥25 

Estimated Outlays ....................................... ¥7 ¥8 ¥7 ¥2 ¥1 ¥25 

Net Change 

Estimated Budget Authority ............... 0 0 0 0 0 0 

Estimated Outlays .............................. 5 * ¥2 ¥2 ¥1 0 

a Enacting the bill would not affect direct spending in years after 2020. 

Note: FEMA = Federal Emergency Management Agency; US&R = Urban Search and Rescue; EMAC = Emergency Management Assistance 

Compact; * = less than $500,000. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of fiscal year 2015, that the 

specified and estimated amounts will be appropriated for each year, 

and that outlays will follow historical patterns for the affected programs. 

Changes in spending subject to appropriation 

In total, CBO estimates that implementing the bill would cost 

about $3 billion over the 2016–2020 period, assuming appropriation 

of the authorized and estimated amounts. 

FEMA Salaries and Expenses. FEMA is the federal government’s 

lead agency in preparing for, protecting against, responding to, and 

recovering from all hazards, including natural disasters, acts of terrorism, and other man-made disasters. For fiscal year 2015, the 

Congress appropriated $899 million for salaries and expenses of 

the agency. H.R. 1471 would authorize the appropriation of $947 

million for each of fiscal years 2016 through 2018 for those expenses. CBO estimates that total spending for FEMA’s salaries and 

expenses would total about $2.8 billion over the 2016–2020 period. 

Urban Search and Rescue Response System. The legislation 

would authorize the appropriation of $50 million in each of fiscal 

years 2016 through 2018 for the US&R Response System. In 2015 

$35 million was appropriated for this system. The US&R Response 

System consists of multiple task forces that assist local responders 

in the location, extrication, and initial medical stabilization of victims trapped in confined spaces. The funding authorized for those 

purposes would be used to staff and train the task forces and to 

maintain the equipment used in training and responding to a disaster. The bill also would direct FEMA to establish a national network of rescue and response resources and to enter into cooperative 

agreements with sponsoring agencies to reimburse costs incurred to 

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menting this provision would cost $150 million over the next five 

years. 

Emergency Management Assistance Compact (EMAC) Grants. H.R. 1471 would authorize the appropriation of $2 million in each 

of fiscal years 2016 through 2018 for grants to administer and coordinate activities under EMAC; those amounts are similar to the 

funding provided in recent years. EMAC is an agreement for interstate mutual-aid that enables member states to share resources 

during a declared disaster and is currently administered by the National Emergency Management Association (NEMA), a private association representing state emergency management directors. 

CBO estimates that providing grants to NEMA and EMAC participants would cost $6 million over 2016–2020 period. 

Additional Spending for Forgone Recoveries of Improper Payments. H.R. 1471 would give FEMA the discretion to waive the repayment of improper payments provided through the Individuals 

and Households Program (IHP) in cases where the agency was at 

fault, but not in cases involving fraud or misrepresentation by the 

recipient. Under the bill, if the estimated rate of improper payments reaches 4 percent of IHP spending, the authority to waive 

those repayments would expire. The bill also would prevent FEMA 

from seeking to recoup improper payments provided through IHP 

after 3 years, unless there is evidence of fraud. 

Based on information from FEMA about the rate of improper 

IHP payments, and amounts that FEMA is expected to recoup (and 

spend) from amounts appropriated for IHP in previous years, CBO 

estimates that offsetting receipts and related direct spending would 

decline by $25 million over the 2016–2020 period. Because direct 

spending would decline by an estimated $25 million over the next 

3 years, an increase in appropriations of the same amount would 

be necessary to cover expected disaster relief payments. 

Wildfire Mitigation. H.R. 1471 would authorize assistance for 

hazard mitigation in areas affected by wildfires. Under current law, 

FEMA may provide hazard mitigation funds to areas where the 

President has declared a major disaster. Under the bill, FEMA 

would be authorized to provide funds to areas affected by wildfires, 

regardless of whether the President has declared a major disaster. 

Based on information provided by FEMA, CBO estimates that providing additional funds would require about $6 million annually, 

and would cost $16 million over the 2016–2020 period. 

Changes in direct spending 

Under current law, FEMA is required to recoup any improper 

payments made during the course of providing disaster assistance. 

Improper payments can result from, among other things, duplication of benefits (for example, receipt of two insurance payments for 

the same damage), processing errors, or fraud. Upon notification 

from FEMA, recipients of improper payments must repay those 

amounts in full, set up a payment plan, or request that FEMA 

waive all or part of the repayment based on their ability to pay. 

If payment is not received, the Treasury Department assumes responsibility for collecting the debt (along with any applicable interest and fee charges) through federal and state payment deductions, 

administrative wage garnishment, or referral to a private collection 

agency. All payments received through the recoupment process are 


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deposited in FEMA’s Disaster Relief Fund (DRF); those funds are 

available to spend in response to future disasters without further 

appropriation. 

H.R. 1471 would give FEMA the discretion to waive the repayment of improper payments provided through the Individuals and 

Households Program (IHP) in cases where the agency was at fault, 

but not in cases involving fraud or misrepresentation by the recipient. Under the bill, if the estimated rate of improper payments 

reaches 4 percent of IHP spending, then the authority to waive 

those repayments would expire. The bill also would prevent FEMA 

from seeking recoupment of improper payments provided through 

IHP after 3 years, unless there is evidence of fraud. 

Based on information from FEMA about the rate of improper 

IHP payments, and amounts that FEMA is expected to recoup (and 

spend) from amounts appropriated for IHP in previous years, CBO 

estimates that enacting those provisions would reduce offsetting receipts by $25 million over the 2016–2018 period. Those forgone receipts would be offset by a reduction in direct spending of the same 

amount; thus, there would be no net effect on direct spending over 

the 2016–2025 period. 

H.R. 1471 also would affect the recoupment of payments from future appropriations for IHP. Based on information provided by 

FEMA, CBO estimates those amounts would total around $5 million dollars annually and would be offset over time by equivalent 

reductions in spending. Recent historical rates of improper payments have averaged almost 2 percent of IHP payments; recent 

HIP payments, excluding large disasters such as Hurricane Sandy, 

have averaged about $230 million a year. Any recouped amounts 

from improper IHP payments would be contingent on future appropriations, consequently no subsequent reductions in offsetting receipts or direct spending would be attributed to H.R. 1471. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1471 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON APRIL I5, 2015 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2015– 

2020 

2015– 

2025 

NET INCREASE OR DECREASE (-) IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact ... 0 5 0 ¥2 ¥2 ¥I 0 0 0 0 0 0 0 

Intergovernmental and private-sector impact: H.R. 1471 would 

impose intergovernmental and private-sector mandates as defined 

in UMRA. CBO estimates that the cost to comply with the mandates by state, local, and tribal governments and the private sector 

would fall below the annual thresholds established in UMRA for 

such mandates ($77 million and $154 million, respectively, in 2015, 

adjusted annually for inflation). 

Under current law, members of search and rescue task forces 

have protection from tort liability when participating in federal 


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preparedness activities. The bill would expand that protection to 

include training exercises. Such protection would impose a mandate because it would eliminate an existing right to seek compensation for damages. According to FEMA, no claims for damage have 

been filed regarding a training exercise, nor does the agency expect 

that any such claims would be filed under current law. Therefore, 

CBO estimates that the costs, if any, of this mandate would be 

minimal. 

The bill also would require employers to allow task force members who are deployed to a disaster to reclaim their jobs upon completion of their service. According to FEMA, there are currently 

about 5,500 workers in the system; the duration of deployment is 

usually less than one month; and in general, most employers currently allow workers to reclaim their positions. Thus, CBO estimates that the cost for public and private-sector employers to comply with the mandate would fall below the annual thresholds. 

Estimate prepared by: Federal costs: Martin von Gnechten; Impact on state, local, and tribal governments: Melissa Merrell; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation, as amended, is to reauthorize the 

programs and activities of FEMA. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill, as amended, 

includes an earmark, limited tax benefit, or limited tariff benefit 

under clause 9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R. 1471, as amended, establishes or reauthorizes a program of the federal government known 

to be duplicative of another federal program, a program that was 

included in any report from the GAO to Congress pursuant to section 21 of Public Law 111–139, or a program related to a program 

identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that enacting H.R. 1471, as amended, does not direct the completion of a specific rule making within the meaning 

of section 551 of title 5, United States Code. 


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FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 1471, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

H.R. 1471, as amended, requires a comprehensive study of disaster costs and losses through the existing National Advisory 

Council, as established pursuant to section 508 of the Post-Katrina 

Emergency Management Reform Act of 2006 (6 U.S.C. 318). H.R. 

1471, as amended, also codifies an existing advisory committee for 

the Urban Search and Rescue System within the meaning of section 5(b) of the Federal Advisory Committee Act (FACA) and provides for any costs associated with such committee be provided for 

from the amounts authorized in the legislation. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation, as amended, does not 

relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 

102(b)(3) of the Congressional Accountability Act (Public Law 104– 

1). 

SECTION–BY–SECTION ANALYSIS OF LEGISLATION

Section 1: Short title; table of contents 

Section 1 designates the short title as the ‘‘FEMA Disaster Assistance Reform Act of 2015.’’ 

TITLE I—FEMA REAUTHORIZATION

Section 101: Reauthorization of the Federal Emergency Management Agency (FEMA) 

This section reauthorizes FEMA through Fiscal Year 2018 at 

$947 million each year, consistent with current funding levels. 

TITLE II—COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES

Section 201: Comprehensive study of disaster costs and losses 

This section directs the National Advisory Council to undertake 

a comprehensive study into the trends related to disaster assistance, costs and losses and provide recommendations to reduce the 

costs related to these events. 


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TITLE III—STAFFORD ACT AND OTHER PROGRAMS

Section 301: Reauthorization of Urban Search and Rescue Response 

System (USAR) 

This section reauthorizes the USAR Response System at $50 million through fiscal year 2018. This section also codifies the current 

USAR Response System in statute and clarifies liabilities and compensation issues related to participants in the System. 

This section is intended to codify workers’ compensation and tort 

liability protections for the USAR system. It also provides protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and establishes licensing protection. 

Section 302: Reauthorization of Emergency Management Assistance 

Compact Grants 

This section reauthorizes the Emergency Management Assistance 

Compacts (EMAC) Grants at $2 million each year through fiscal 

year 2018, consistent with current funding levels. 

Section 303: Nonprofit facilities 

This section clarifies existing eligibility of certain facilities for 

disaster assistance, including towers, antennas, transmitters, 

translators, and the structures and buildings that house such facilities. 

Section 304: Statute of limitations 

This section reinstates the three-year statute of limitations on 

FEMA’s ability to reclaim funds, based on a change in policy determination, after a state or local government has spent the funds on 

previously-determined eligible projects and when there is no evidence of fraud, waste or abuse. 

Section 305: Action plan to improve field transition 

This section directs the Administrator to provide a plan for the 

development of consistent guidance to applicants on FEMA disaster 

funding, the maintenance of records and transfer of information, 

relieving administrative burdens, and the implementation of new 

technology tools during disaster response and recovery operations 

in the field. 

Section 306: Simplified procedures 

This section raises the Public Assistance small projects threshold 

to $1 million. 

Section 307: Management costs 

This section establishes fixed rates to reimburse states and local 

government for direct and indirect administrative costs incurred to 

implement disaster recovery projects. 

Section 308: Debts owed to the United States related to disaster assistance 

This section re-establishes the authority to waive the collection 

of certain debts from individuals where it was clear that the collection of those debts would be against equity and good conscience. 


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Section 309: Statute of limitations for debts owed to the United 

States related to disaster assistance 

This section re-establishes a three-year statute of limitation for 

the identification and collection of funds from individuals that received disaster assistance, where there is no evidence of fraud, 

waste, or abuse. 

Section 310: Technical assistance and recommendations 

This section directs the Administrator of FEMA to provide technical assistance to common interest communities on actions the 

common interest community may take to be eligible for certain disaster assistance. This section also requires the Administrator of 

FEMA to provide recommendations on how common areas of condominiums and housing cooperatives may be eligible for disaster 

assistance. 

Section 311: Local impact 

This section directs the Administrator of FEMA to give greater 

weight and consideration to severe localized impacts when making 

major disaster declaration recommendations to the President. 

Section 312: Proof of insurance 

This section allows for a State to have met FEMA’s proof of insurance requirements for an individual property owner when the 

title to that property has been encumbered requiring the purchase 

and maintenance of insurance. 

TITLE IV—WILDFIRE PREVENTION AND MITIGATION

Section 401: Wildfire assistance 

This section authorizes mitigation funds related to fire management assistance. 

Section 402: Additional activities 

This section clarifies the eligibility of certain mitigation activities 

related to wildfires and earthquakes. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

POST-KATRINA EMERGENCY MANAGEMENT REFORM 

ACT OF 2006 

* * * * * * * 

TITLE VI—NATIONAL EMERGENCY 

MANAGEMENT 

* * * * * * * 


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Subtitle C—Comprehensive Preparedness 

System 

* * * * * * * 

CHAPTER 2—ADDITIONAL PREPAREDNESS 

øSEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT 

GRANTS. 

ø(a) IN GENERAL.—The Administrator may make grants to administer the Emergency Management Assistance Compact consented to by the Joint Resolution entitled ‘‘Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact’’ (Public Law 104-321; 110 Stat. 3877). 

ø(b) USES.—A grant under this section shall be used— 

ø(1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for 

the 2004 and 2005 hurricane season; 

ø(2) to administer compact operations on behalf of all member States and territories; 

ø(3) to continue coordination with the Agency and appropriate Federal agencies; 

ø(4) to continue coordination with State, local, and tribal 

government entities and their respective national organizations; and 

ø(5) to assist State and local governments, emergency response providers, and organizations representing such providers with credentialing emergency response providers and 

the typing of emergency response resources. 

ø(c) COORDINATION.—The Administrator shall consult with the 

Administrator of the Emergency Management Assistance Compact 

to ensure effective coordination of efforts in responding to requests 

for assistance. 

ø(d) AUTHORIZATION.—There is authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2008. Such sums 

shall remain available until expended.¿ 

* * * * * * * 

Subtitle G—Authorization of 

Appropriations 

SEC. 699. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

and the amendments made by this title for the øadministration 

and operations¿ management and administration of the Agency— 

(1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for øadministration and operations¿ management and administration of the Agency, multiplied by 1.1; 

(2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1ø; and¿ 

(3) for fiscal year 2010, an amount equal to the amount described in paragraph (2), multiplied by 1.1ø.¿; and 


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(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. 

* * * * * * * 

ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT 

* * * * * * * 

TITLE I—FINDINGS, DECLARATIONS, AND DEFINITIONS 

* * * * * * * 

DEFINITIONS

SEC. 102. As used in this Act— 

(1) EMERGENCY.— ‘‘Emergency’’ means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts 

and capabilities to save lives and to protect property and public 

health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. 

(2) MAJOR DISASTER.— ‘‘Major disaster’’ means any natural 

catastrophe (including any hurricane, tornado, storm, high 

water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, 

regardless of cause, any fire, flood, or explosion, in any part of 

the United States, which in the determination of the President 

causes damage of sufficient severity and magnitude to warrant 

major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and 

disaster relief organizations in alleviating the damage, loss, 

hardship, or suffering caused thereby. 

(3) ‘‘United States’’ means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana Islands. 

(4) ‘‘State’’ means any State of the United States, the District 

of Columbia, Puerto Rico, the Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana Islands. 

(5) ‘‘Governor’’ means the chief executive of any State. 

(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal 

government’’ means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community 

that the Secretary of the Interior acknowledges to exist as an 

Indian tribe under the Federally Recognized Indian Tribe List 

Act of 1994 (25 U.S.C. 479a et seq.). 

(7) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual 

with a disability’’ means an individual with a disability as defined in section 3(2) of the Americans with Disabilities Act of 

1990 (42 U.S.C. 12102(2)). 

(8) LOCAL GOVERNMENT.—The term ‘‘local government’’ 

means— 


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(A) a county, municipality, city, town, township, local 

public authority, school district, special district, intrastate 

district, council of governments (regardless of whether the 

council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; 

(B) an Indian tribe or authorized tribal organization, or 

Alaska Native village or organization, that is not an Indian tribal government as defined in paragraph (6); and 

(C) a rural community, unincorporated town or village, 

or other public entity, for which an application for assistance is made by a State or political subdivision of a State. 

(9) ‘‘Federal agency’’ means any department, independent establishment, Government corporation, or other agency of the 

executive branch of the Federal Government, including the 

United States Postal Service, but shall not include the American National Red Cross. 

(10) PUBLIC FACILITY.— ‘‘Public facility’’ means the following 

facilities owned by a State or local government: 

(A) Any flood control, navigation, irrigation, reclamation, 

public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility. 

(B) Any non-Federal-aid street, road, or highway. 

(C) Any other public building, structure, or system, including those used for educational, recreational, or cultural 

purposes. 

(D) Any park. 

(11) PRIVATE NONPROFIT FACILITY.— 

(A) IN GENERAL.—The term ‘‘private nonprofit facility’’ 

means private nonprofit educational, utility, irrigation, 

emergency, medical, rehabilitational, and temporary or 

permanent custodial care facilities (including those for the 

aged and disabled) and facilities on Indian reservations, as 

defined by the President. 

ø(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, and facilities that provide health and safety 

services of a governmental nature), as defined by the 

President.¿ 

(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 proVerDate Sep 11 2014 22:37 Mar 01, 2016 Jkt 059006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR436.XXX HR436

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vide health and safety services of a governmental nature), 

as defined by the President. 

(12) CHIEF EXECUTIVE.—The term ‘‘Chief Executive’’ means 

the person who is the Chief, Chairman, Governor, President, or 

similar executive official of an Indian tribal government. 

* * * * * * * 

TITLE III—MAJOR DISASTER AND 

EMERGENCY ASSISTANCE ADMINISTRATION 

* * * * * * * 

SEC. 322. MITIGATION PLANNING. 

(a) REQUIREMENT OF MITIGATION PLAN.—As a condition of receipt 

of an increased Federal share for hazard mitigation measures 

under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan 

that outlines processes for identifying the natural hazards, risks, 

and vulnerabilities of the area under the jurisdiction of the government. 

(b) LOCAL AND TRIBAL PLANS.—Each mitigation plan developed 

by a local or tribal government shall— 

(1) describe actions to mitigate hazards, risks, and 

vulnerabilities identified under the plan; and 

(2) establish a strategy to implement those actions. 

(c) STATE PLANS.—The State process of development of a mitigation plan under this section shall— 

(1) identify the natural hazards, risks, and vulnerabilities of 

areas in the State; 

(2) support development of local mitigation plans; 

(3) provide for technical assistance to local and tribal governments for mitigation planning; and 

(4) identify and prioritize mitigation actions that the State 

will support, as resources become available. 

(d) FUNDING.— 

(1) IN GENERAL.—Federal contributions under section 404 

may be used to fund the development and updating of mitigation plans under this section. 

(2) MAXIMUM FEDERAL CONTRIBUTION.—With respect to any 

mitigation plan, a State, local, or tribal government may use 

an amount of Federal contributions under section 404 not to 

exceed 7 percent of the amount of such contributions available 

to the government as of a date determined by the government. 

(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEASURES.— 

(1) IN GENERAL.—If, at the time of the declaration of a major 

disaster or event under section 420, a State has in effect an approved mitigation plan under this section, the President may 

increase to 20 percent, with respect to the major disaster or 

event under section 420, the maximum percentage specified in 

the last sentence of section 404(a). 


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(2) FACTORS FOR CONSIDERATION.—In determining whether 

to increase the maximum percentage under paragraph (1), the 

President shall consider whether the State has established— 

(A) eligibility criteria for property acquisition and other 

types of mitigation measures; 

(B) requirements for cost effectiveness that are related 

to the eligibility criteria; 

(C) a system of priorities that is related to the eligibility 

criteria; and 

(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the 

mitigation action is complete. 

* * * * * * * 

SEC. 324. MANAGEMENT COSTS. 

(a) DEFINITION OF MANAGEMENT COST.—In this section, the term 

‘‘management cost’’ includes any indirect cost, øany administrative 

expense, and any other expense not directly chargeable to¿ direct 

administrative cost, and any other administrative expense associated with a specific project under a major disaster, emergency, or 

disaster preparedness or mitigation activity or measure. 

(b) ESTABLISHMENT OF MANAGEMENT COST RATES.—øNotwithstanding¿ 

(1) IN GENERAL.—Notwithstanding any other provision of law 

(including any administrative rule or guidance), the President 

shall by regulation øestablish¿ implement the following: management cost rates, for grantees and subgrantees, that shall be 

used to determine contributions under this Act for management costs. 

(2) SPECIFIC MANAGEMENT COSTS.—The Administrator shall 

provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs: 

(A) HAZARD MITIGATION.—A grantee under section 404 

may be reimbursed not more than 15 percent of the total 

amount of the grant award under such section of which not 

more than 10 percent may be used by the grantee and 5 

percent by the subgrantee for such costs. 

(B) PUBLIC ASSISTANCE.—A grantee under sections 403, 

406, 407, and 502, may be reimbursed not more than 10 

percent of the total award amount under such sections, of 

which not more than 6 percent may be used by the grantee 

and 4 percent by the subgrantee for such costs. 

(c) REVIEW.—The President shall review the management cost 

rates established under subsection (b) not later than 3 years after 

the date of establishment of the rates and periodically thereafter. 

* * * * * * * 

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. 


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(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 


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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). 


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(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. 

(i) CERTAIN BENEFITS.—In the case of a death or disability, a System member (or in the case of the death of the 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 I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. chapter 46, subchapter XII) if the System member 

meets the requirements of 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). 

(j) 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. 

(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: 


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(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. 

(l) 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). 

(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. 

(n) 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, 


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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. 

(o) 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. 

(p) OBLIGATIONS.—The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. 

(q) 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. 

TITLE IV—MAJOR DISASTER 

ASSISTANCE PROGRAMS 

* * * * * * * 

SEC. 404. HAZARD MITIGATION. 

(a) IN GENERAL.—The President may contribute up to 75 percent 

of the cost of hazard mitigation measures which the President has 

determined are cost-effective and which substantially reduce the 

risk of future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which 

assistance was provided under section 420. Such measures shall be 

identified following the evaluation of natural hazards under section 

322 and shall be subject to approval by the President. Subject to 

section 322, the total of contributions under this section for a major 

disaster or event under section 420 shall not exceed 15 percent for 

amounts not more than $2,000,000,000, 10 percent for amounts of 

more than $2,000,000,000 and not more than $10,000,000,000, and 

7.5 percent on amounts of more than $10,000,000,000 and not more 

than $35,333,000,000 of the estimated aggregate amount of grants 

to be made (less any associated administrative costs) under this 

Act with respect to the major disaster or event under section 420. 

(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.— 

(1) GENERAL AUTHORITY.—In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency 

may provide property acquisition and relocation assistance for 

projects that meet the requirements of paragraph (2). 


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(2) TERMS AND CONDITIONS.—An acquisition or relocation 

project shall be eligible to receive assistance pursuant to paragraph (1) only if— 

(A) the applicant for the assistance is otherwise eligible 

to receive assistance under the hazard mitigation grant 

program established under subsection (a); and 

(B) on or after the date of enactment of this subsection, 

the applicant for the assistance enters into an agreement 

with the Administrator that provides assurances that— 

(i) any property acquired, accepted, or from which a 

structure will be removed pursuant to the project will 

be dedicated and maintained in perpetuity for a use 

that is compatible with open space, recreational, or 

wetlands management practices; 

(ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program 

other than— 

(I) a public facility that is open on all sides and 

functionally related to a designated open space; 

(II) a rest room; or 

(III) a structure that the Administrator approves in writing before the commencement of the 

construction of the structure; and 

(iii) after receipt of the assistance, with respect to 

any property acquired, accepted or from which a structure was removed under the acquisition or relocation 

program— 

(I) no subsequent application for additional disaster assistance for any purpose will be made by 

the recipient to any Federal entity; and 

(II) no assistance referred to in subclause (I) 

will be provided to the applicant by any Federal 

source. 

(3) STATUTORY CONSTRUCTION.—Nothing in this subsection is 

intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before the date of enactment 

of this subsection. 

(c) PROGRAM ADMINISTRATION BY STATES.— 

(1) IN GENERAL.—A State desiring to administer the hazard 

mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit 

to the President an application for the delegation of the authority to administer the program. 

(2) CRITERIA.—The President, in consultation and coordination with States and local governments, shall establish criteria 

for the approval of applications submitted under paragraph (1). 

Until such time as the Administrator promulgates regulations 

to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines 

doing so is necessary to expeditiously implement this section, 

and may carry out this section as a pilot program. The criteria 

shall include, at a minimum— 


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(A) the demonstrated ability of the State to manage the 

grant program under this section; 

(B) there being in effect an approved mitigation plan 

under section 322; and 

(C) a demonstrated commitment to mitigation activities. 

(3) APPROVAL.—The President shall approve an application 

submitted under paragraph (1) that meets the criteria established under paragraph (2). 

(4) WITHDRAWAL OF APPROVAL.—If, after approving an application of a State submitted under paragraph (1), the President 

determines that the State is not administering the hazard 

mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw 

the approval. 

(5) AUDITS.—The President shall provide for periodic audits 

of the hazard mitigation grant programs administered by 

States under this subsection. 

(d) STREAMLINED PROCEDURES.— (1) IN GENERAL.—For the purpose of providing assistance 

under this section, the President shall ensure that— 

(A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 and historic preservation reviews under the National Historic Preservation Act are 

completed on an expeditious basis; and 

(B) the shortest existing applicable process under the 

National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized. 

(2) AUTHORITY FOR OTHER EXPEDITED PROCEDURES.—The 

President may utilize expedited procedures in addition to those 

required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency 

Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness 

and fulfillment of cost-share requirements for proposed hazard 

mitigation measures. 

(e) ADVANCE ASSISTANCE.—The President may provide not more 

than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this 

section before eligible costs are incurred. 

(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; 


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(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. 

* * * * * * * 

SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 

FACILITIES. 

(a) CONTRIBUTIONS.— 

(1) IN GENERAL.—The President may make contributions— 

(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility 

damaged or destroyed by a major disaster and for associated expenses incurred by the government; and 

(B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by 

a major disaster for the repair, restoration, reconstruction, 

or replacement of the facility and for associated expenses 

incurred by the person. 

(2) ASSOCIATED EXPENSES.—For the purposes of this section, 

associated expenses shall include— 

(A) the costs of mobilizing and employing the National 

Guard for performance of eligible work; 

(B) the costs of using prison labor to perform eligible 

work, including wages actually paid, transportation to a 

worksite, and extraordinary costs of guards, food, and lodging; and 

(C) base and overtime wages for the employees and extra 

hires of a State, local government, or person described in 

paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were 

being paid before the major disaster. 

(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FACILITIES.— 

(A) IN GENERAL.—The President may make contributions 

to a private nonprofit facility under paragraph (1)(B) only 

if— 

(i) the facility provides critical services (as defined 

by the President) in the event of a major disaster; or 

(ii) the owner or operator of the facility— 


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(I) has applied for a disaster loan under section 

7(b) of the Small Business Act (15 U.S.C. 636(b)); 

and 

(II)(aa) has been determined to be ineligible for 

such a loan; or 

(bb) has obtained such a loan in the maximum 

amount for which the Small Business Administration determines the facility is eligible. 

(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘‘critical services’’ includes power, water 

(including water provided by an irrigation organization or 

facility), sewer, wastewater treatment, øcommunications,¿ 

communications (including public broadcasting), education, and emergency medical care. 

(4) NOTIFICATION TO CONGRESS.—Before making any contribution under this section in an amount greater than 

$20,000,000, the President shall notify— 

(A) the Committee on Environment and Public Works of 

the Senate; 

(B) the Committee on Transportation and Infrastructure 

of the House of Representatives; 

(C) the Committee on Appropriations of the Senate; and 

(D) the Committee on Appropriations of the House of 

Representatives. 

(b) FEDERAL SHARE.— 

(1) MINIMUM FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share of assistance under this section 

shall be not less than 75 percent of the eligible cost of repair, 

restoration, reconstruction, or replacement carried out under 

this section. 

(2) REDUCED FEDERAL SHARE.—The President shall promulgate regulations to reduce the Federal share of assistance 

under this section to not less than 25 percent in the case of the 

repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an 

event associated with a major disaster— 

(A) that has been damaged, on more than one occasion 

within the preceding 10-year period, by the same type of 

event; and 

(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that 

caused the damage to the facility. 

(c) LARGE IN-LIEU CONTRIBUTIONS.— 

(1) FOR PUBLIC FACILITIES.— 

(A) IN GENERAL.—In any case in which a State or local 

government determines that the public welfare would not 

best be served by repairing, restoring, reconstructing, or 

replacing any public facility owned or controlled by the 

State or local government, the State or local government 

may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 90 

percent of the Federal share of the Federal estimate of the 

cost of repairing, restoring, reconstructing, or replacing the 

facility and of management expenses. 


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(B) USE OF FUNDS.—Funds contributed to a State or 

local government under this paragraph may be used— 

(i) to repair, restore, or expand other selected public 

facilities; 

(ii) to construct new facilities; or 

(iii) to fund hazard mitigation measures that the 

State or local government determines to be necessary 

to meet a need for governmental services and functions in the area affected by the major disaster. 

(C) LIMITATIONS.—Funds made available to a State or 

local government under this paragraph may not be used 

for— 

(i) any public facility located in a regulatory 

floodway (as defined in section 59.1 of title 44, Code 

of Federal Regulations (or a successor regulation)); or 

(ii) any uninsured public facility located in a special 

flood hazard area identified by the Administrator of 

the Federal Emergency Management Agency under 

the National Flood Insurance Act of 1968 (42 U.S.C. 

4001 et seq.). 

(2) FOR PRIVATE NONPROFIT FACILITIES.— (A) IN GENERAL.—In any case in which a person that 

owns or operates a private nonprofit facility determines 

that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the 

person may elect to receive, in lieu of a contribution under 

subsection (a)(1)(B), a contribution in an amount equal to 

75 percent of the Federal share of the Federal estimate of 

the cost of repairing, restoring, reconstructing, or replacing 

the facility and of management expenses. 

(B) USE OF FUNDS.—Funds contributed to a person 

under this paragraph may be used— 

(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person; 

(ii) to construct new private nonprofit facilities to be 

owned or operated by the person; or 

(iii) to fund hazard mitigation measures that the 

person determines to be necessary to meet a need for 

the person’s services and functions in the area affected 

by the major disaster. 

(C) LIMITATIONS.—Funds made available to a person 

under this paragraph may not be used for— 

(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, 

Code of Federal Regulations (or a successor regulation)); or 

(ii) any uninsured private nonprofit facility located 

in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 

U.S.C. 4001 et seq.). 

(d) FLOOD INSURANCE.— 

(1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facility 

or private nonprofit facility located in a special flood hazard 


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area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 

4001 et seq.) is damaged or destroyed, after the 180th day following the date of the enactment of the Disaster Relief and 

Emergency Assistance Amendments of 1988, by flooding in a 

major disaster and such facility is not covered on the date of 

such flooding by flood insurance, the Federal assistance which 

would otherwise be available under this section with respect to 

repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accordance 

with paragraph (2). 

(2) AMOUNT OF REDUCTION.—The amount of a reduction in 

Federal assistance under this section with respect to a facility 

shall be the lesser of— 

(A) the value of such facility on the date of the flood 

damage or destruction, or 

(B) the maximum amount of insurance proceeds which 

would have been payable with respect to such facility if 

such facility had been covered by flood insurance under 

the National Flood Insurance Act of 1968 on such date. 

(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to a 

private nonprofit facility which is not covered by flood insurance solely because of the local government’s failure to participate in the flood insurance program established by the National Flood Insurance Act. 

(4) DISSEMINATION OF INFORMATION.—The President shall 

disseminate information regarding the reduction in Federal assistance provided for by this subsection to State and local governments and the owners and operators of private nonprofit facilities who may be affected by such a reduction. 

(e) ELIGIBLE COST.— (1) DETERMINATION.— 

(A) IN GENERAL.—For the purposes of this section, the 

President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility— 

(i) on the basis of the design of the facility as the facility existed immediately before the major disaster; 

and 

(ii) in conformity with codes, specifications, and 

standards (including floodplain management and hazard mitigation criteria required by the President or 

under the Coastal Barrier Resources Act (16 U.S.C. 

3501 et seq.)) applicable at the time at which the disaster occurred. 

(B) COST ESTIMATION PROCEDURES.— 

(i) IN GENERAL.—Subject to paragraph (2), the President shall use the cost estimation procedures established under paragraph (3) to determine the eligible 

cost under this subsection. 

(ii) APPLICABILITY.—The procedures specified in this 

paragraph and paragraph (2) shall apply only to 

projects the eligible cost of which is equal to or greater 

than the amount specified in section 422. 

(2) MODIFICATION OF ELIGIBLE COST.— 


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(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE OF

ESTIMATED COST.—In any case in which the actual cost of 

repairing, restoring, reconstructing, or replacing a facility 

under this section is greater than the ceiling percentage 

established under paragraph (3) of the cost estimated 

under paragraph (1), the President may determine that 

the eligible cost includes a portion of the actual cost of the 

repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1). 

(B) ACTUAL COST LESS THAN ESTIMATED COST.— 

(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE

OF ESTIMATED COST.—In any case in which the actual 

cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph (1), but is 

greater than or equal to the floor percentage established under paragraph (3) of the cost estimated under 

paragraph (1), the State or local government or person 

receiving funds under this section shall use the excess 

funds to carry out cost-effective activities that reduce 

the risk of future damage, hardship, or suffering from 

a major disaster. 

(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED

COST.—In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility 

under this section is less than the floor percentage established under paragraph (3) of the cost estimated 

under paragraph (1), the State or local government or 

person receiving assistance under this section shall reimburse the President in the amount of the difference. 

(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this 

paragraph affects any right of appeal under section 423. 

(3) EXPERT PANEL.— 

(A) ESTABLISHMENT.—Not later than 18 months after 

the date of the enactment of this paragraph, the President, 

acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert 

panel, which shall include representatives from the construction industry and State and local government. 

(B) DUTIES.—The expert panel shall develop recommendations concerning— 

(i) procedures for estimating the cost of repairing, 

restoring, reconstructing, or replacing a facility consistent with industry practices; and 

(ii) the ceiling and floor percentages referred to in 

paragraph (2). 

(C) REGULATIONS.—Taking into account the recommendations of the expert panel under subparagraph 

(B), the President shall promulgate regulations that establish— 

(i) cost estimation procedures described in subparagraph (B)(i); and 

(ii) the ceiling and floor percentages referred to in 

paragraph (2). 


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(D) REVIEW BY PRESIDENT.—Not later than 2 years after 

the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President shall 

review the cost estimation procedures and the ceiling and 

floor percentages established under this paragraph. 

(E) REPORT TO CONGRESS.—Not later than 1 year after 

the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 

2-year period thereafter, the expert panel shall submit to 

Congress a report on the appropriateness of the cost estimation procedures. 

(4) SPECIAL RULE.—In any case in which the facility being repaired, restored, reconstructed, or replaced under this section 

was under construction on the date of the major disaster, the 

cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those 

costs that, under the contract for the construction, are the owner’s responsibility and not the contractor’s responsibility. 

* * * * * * * 

SEC. 420. FIRE MANAGEMENT ASSISTANCE. 

(a) IN GENERAL.—The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any 

State or local government for the mitigation, management, and 

control of any fire on public or private forest land or grassland that 

threatens such destruction as would constitute a major disaster. 

(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF

FORESTRY.—In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. 

(c) ESSENTIAL ASSISTANCE.—In providing assistance under this 

section, the President may use the authority provided under section 403. 

(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. 

ø(d)¿ (e) RULES AND REGULATIONS.—The President shall prescribe such rules and regulations as are necessary to carry out this 

section. 

* * * * * * * 

SEC. 422. SIMPLIFIED PROCEDURE. 

(a) IN GENERAL.—If the Federal estimate of the cost of— 

(1) repairing, restoring, reconstructing, or replacing under 

section 406 any damaged or destroyed public facility or private 

nonprofit facility, 

(2) emergency assistance under section 403 or 502, or 

(3) debris removed under section 407, 

is less than ø$35,000¿ $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established 

under subsection (b)), the President (on application of the State or 

local government or the owner or operator of the private nonprofit 

facility) may make the contribution to such State or local government or owner or operator under section 403, 406, 407, or 502, as 

the case may be, on the basis of such Federal estimate. øSuch 


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$35,000 amount or, if applicable, the amount established under 

subsection (b), shall be adjusted annually to reflect changes in the 

Consumer Price Index for All Urban Consumers published by the 

Department of Labor.¿ 

(b) THRESHOLD.— (1) REPORT.—Not later than 1 year after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency (in 

this section referred to as the ‘‘Administrator’’), shall— 

(A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) 

is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past 

performance, and accountability measures; and 

(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of 

the Senate a report regarding the analysis conducted 

under subparagraph (A). 

(2) AMOUNT.—After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to— 

(A) immediately establish a threshold for eligibility 

under this section in an appropriate amount, without regard to chapter 5 of title 5, United States Code; and 

(B) adjust the threshold annually to reflect changes in 

the Consumer Price Index for all Urban Consumers published by the Department of Labor. 

(3) REVIEW.—Not later than 3 years after the date on which 

the Administrator establishes a threshold under paragraph (2), 

and every 3 years thereafter, the President, acting through the 

Administrator, shall review the threshold for eligibility under 

this section. 

* * * * * * * 

TITLE VI—EMERGENCY PREPAREDNESS 

* * * * * * * 

Subtitle A—Powers and Duties 

* * * * * * * 

SEC. 617. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS. 

(a) IN GENERAL.—The Administrator of the Federal Emergency 

Management Agency may make grants to provide for implementation of the Emergency Management Assistance Compact consented 

to by Congress in the joint resolution entitled ‘‘Joint resolution 

granting the consent of Congress to the Emergency Management Assistance Compact’’ (Public Law 104–321; 110 Stat. 3877). 

(b) ELIGIBLE GRANT RECIPIENTS.—States and the Administrator 

of the Emergency Management Assistance Compact shall be eligible 

to receive grants under subsection (a). 


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(c) USE OF FUNDS.—A grant received under this section shall be 

used— 

(1) to carry out recommendations identified in the Emergency 

Management Assistance Compact after-action reports for the 

2004 and 2005 hurricane seasons; 

(2) to administer compact operations on behalf of States, as 

such term is defined in the compact, that have enacted the compact; 

(3) to continue coordination with the Federal Emergency 

Management Agency and appropriate Federal agencies; 

(4) to continue coordination with States and local governments and their respective national organizations; and 

(5) to assist State and local governments, emergency response 

providers, and organizations representing such providers with 

credentialing the providers and the typing of emergency response resources. 

(d) COORDINATION.—The Administrator of the Federal Emergency 

Management Agency shall consult with the Administrator of the 

Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $2,000,000 for each of the 

fiscal years 2016, 2017, and 2018. Such sums shall remain available until expended. 

* * * * * * * 

TITLE VII—MISCELLANEOUS 

* * * * * * * 

SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES. 

(a) STATUTE OF LIMITATIONS.— (1) IN GENERAL.—øExcept¿ Notwithstanding section 3716(e) 

of title 31, United States Code, and except as provided in paragraph (2), no administrative action to recover any payment 

made to a State or local government for disaster or emergency 

assistance under this Act shall be initiated in any forum after 

the date that is 3 years after the date of transmission of the 

final expenditure øreport for the disaster or emergency¿ report 

for project completion as certified by the grantee. 

(2) FRAUD EXCEPTION.—The limitation under paragraph (1) 

shall apply unless there is evidence of civil or criminal fraud. 

(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.— 

(1) IN GENERAL.—In any dispute arising under this section 

after the date that is 3 years after the date of transmission of 

the final expenditure report for the disaster or emergency, 

there shall be a presumption that accounting records were 

maintained that adequately identify the source and application 

of funds provided for financially assisted activities. 

(2) AFFIRMATIVE EVIDENCE.—The presumption described in 

paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. 

(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability of 

the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years 


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after the date of transmission of the final expenditure report 

shall not constitute evidence to rebut the presumption described in paragraph (1). 

(4) RIGHT OF ACCESS.—The period during which the Federal, 

State, or local government has the right to access source documentation shall not be limited to the required 3-year retention 

period referred to in paragraph (3), but shall last as long as 

the records are maintained. 

(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or local 

government shall not be liable for reimbursement or any other penalty for any payment made under this Act if— 

(1) the payment was authorized by an approved agreement 

specifying the costs; 

(2) the costs were reasonable; and 

(3) the purpose of the grant was accomplished. 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

Subpart G—INSURANCE AND ANNUITIES 

* * * * * * * 

CHAPTER 81—COMPENSATION FOR WORK INJURIES 

* * * * * * * 

Subchapter I—GENERALLY 

§ 8101. Definitions 

For the purpose of this subchapter— 

(1) ‘‘employee’’ means— 

(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United 

States; 

(B) an individual rendering personal service to the 

United States similar to the service of a civil officer or employee of the United States, without pay or for nominal 

pay, when a statute authorizes the acceptance or use of 

the service, or authorizes payment of travel or other expenses of the individual; 

(C) an individual, other than an independent contractor 

or an individual employed by an independent contractor, 

employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to 

tribal timber and logging operations on that reservation; 


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(D) an individual employed by the government of the 

District of Columbia; øand¿ 

(E) an individual appointed to a position on the office 

staff of a former President under section 1(b) of the Act of 

August 25, 1958 (72 Stat. 838); 

(F) an individual selected pursuant to chapter 121 of 

title 28, øUnited States Code,¿ and serving as a petit or 

grand juror; and 

(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; 

but does not include— 

(i) a commissioned officer of the Regular Corps of the 

Public Health Service; 

(ii) a commissioned officer of the Reserve Corps of the 

Public Health Service on active duty; 

(iii) a commissioned officer of the Environmental Science 

Services Administration; or 

(iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or 

pensionable under sections 521-535 of title 4, District of 

Columbia Code; and 

(2) ‘‘physician’’ includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic 

practitioners within the scope of their practice as defined by 

State law. The term ‘‘physician’’ includes chiropractors only to 

the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct 

a subluxation as demonstrated by X-ray to exist, and subject 

to regulation by the Secretary; 

(3) ‘‘medical, surgical, and hospital services and supplies’’ includes services and supplies by podiatrists, dentists, clinical 

psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the 

spine to correct a subluxation as demonstrated by X-ray to 

exist, and subject to regulation by the Secretary; 

(4) ‘‘monthly pay’’ means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the 

monthly pay at the time compensable disability recurs, if the 

recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United 

States, whichever is greater, except when otherwise determined under section 8113 of this title with respect to any period; 

(5) ‘‘injury’’ includes, in addition to injury by accident, a disease proximately caused by the employment, and damage to or 

destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such 

time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be 

replaced, repaired, or otherwise compensated for, unless the 


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damages or destruction is incident to a personal injury requiring medical services; 

(6) ‘‘widow’’ means the wife living with or dependent for support on the decedent at the time of his death, or living apart 

for reasonable cause or because of his desertion; 

(7) ‘‘parent’’ includes stepparents and parents by adoption; 

(8) ‘‘brother’’ and ‘‘sister’’ mean one who at the time of the 

death of the employee is under 18 years of age or over that age 

and incapable of self-support, and include stepbrothers and 

stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters; 

(9) ‘‘child’’ means one who at the time of the death of the employee is under 18 years of age or over that age and incapable 

of self-support, and includes stepchildren, adopted children, 

and posthumous children, but does not include married children; 

(10) ‘‘grandchild’’ means one who at the time of the death of 

the employee is under 18 years of age or over that age and incapable of self-support; 

(11) ‘‘widower’’ means the husband living with or dependent 

for support on the decedent at the time of her death, or living 

apart for reasonable cause or because of her desertion; 

(12) ‘‘compensation’’ includes the money allowance payable to 

an employee or his dependents and any other benefits paid for 

from the Employees’ Compensation Fund, but this does not in 

any way reduce the amount of the monthly compensation payable for disability or death; 

(13) ‘‘war-risk hazard’’ means a hazard arising during a war 

in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war 

has been declared; or during a war or armed conflict between 

military forces of any origin, occurring in the country in which 

an individual to whom this subchapter applies is serving; 

from— 

(A) the discharge of a missile, including liquids and gas, 

or the use of a weapon, explosive, or other noxious thing 

by a hostile force or individual or in combating an attack 

or an imagined attack by a hostile force or individual; 

(B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its 

allies; 

(C) the discharge or explosion of munitions intended for 

use in connection with a war or armed conflict with a hostile force or individual; 

(D) the collision of vessels on convoy or the operation of 

vessels or aircraft without running lights or without other 

customary peacetime aids to navigation; or 

(E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities; 

(14) ‘‘hostile force or individual’’ means a nation, a subject of 

a foreign nation, or an individual serving a foreign nation— 

(A) engaged in a war against the United States or any 

of its allies; 


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(B) engaged in armed conflict, whether or not war has 

been declared, against the United States or any of its allies; or 

(C) engaged in a war or armed conflict between military 

forces of any origin in a country in which an individual to 

whom this subchapter applies is serving; 

(15) ‘‘allies’’ means any nation with which the United States 

is engaged in a common military effort or with which the 

United States has entered into a common defensive military alliance; 

(16) ‘‘war activities’’ includes activities directly relating to 

military operations; 

(17) ‘‘student’’ means an individual under 23 years of age 

who has not completed 4 years of education beyond the high 

school level and who is regularly pursuing a full-time course of 

study or training at an institution which is— 

(A) a school or college or university operated or directly 

supported by the United States, or by a State or local government or political subdivision thereof; 

(B) a school or college or university which has been accredited by a State or by a State-recognized or nationally 

recognized accrediting agency or body; 

(C) a school or college or university not so accredited but 

whose credits are accepted, on transfer, by at least three 

institutions which are so accredited, for credit on the same 

basis as if transferred from an institution so accredited; or 

(D) an additional type of educational or training institution as defined by the Secretary of Labor. 

Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is 

not more than 4 months and if he shows to the satisfaction of 

the Secretary that he has a bona fide intention of continuing 

to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, 

in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 

23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other 

enrollment period; 

(18) ‘‘price index’’ means the Consumer Price Index (all items 

- United States city average) published monthly by the Bureau 

of Labor Statistics; and 

(19) ‘‘organ’’ means a part of the body that performs a special 

function, and for purposes of this subchapter excludes the 

brain, heart, and back; and 

(20) ‘‘United States medical officers and hospitals’’ includes 

medical officers and hospitals of the Army, Navy, Air Force, 

Department of Veterans Affairs, and United States Public 

Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the 

Secretary of Labor. 

* * * * * * * 


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TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT 

RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES 

Subchapter I—GENERAL 

* * * * * * * 

§ 4303. Definitions 

For the purposes of this chapter— 

(1) The term ‘‘Attorney General’’ means the Attorney General 

of the United States or any person designated by the Attorney 

General to carry out a responsibility of the Attorney General 

under this chapter. 

(2) The term ‘‘benefit’’, ‘‘benefit of employment’’, or ‘‘rights 

and benefits’’ means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work 

performed) that accrues by reason of an employment contract 

or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, 

an employee stock ownership plan, insurance coverage and 

awards, bonuses, severance pay, supplemental unemployment 

benefits, vacations, and the opportunity to select work hours or 

location of employment. 

(3) The term ‘‘employee’’ means any person employed by an 

employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that 

is an entity incorporated or otherwise organized in the United 

States or that is controlled by an entity organized in the 

United States, within the meaning of section 4319(c) of this 

title. 

(4)(A) Except as provided in subparagraphs (B) and (C), the 

term ‘‘employer’’ means any person, institution, organization, 

or other entity that pays salary or wages for work performed 

or that has control over employment opportunities, including— 

(i) a person, institution, organization, or other entity to 

whom the employer has delegated the performance of employment-related responsibilities; 

(ii) the Federal Government; 

(iii) a State; 

(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and 


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(v) a person, institution, organization, or other entity 

that has denied initial employment in violation of section 

4311. 

(B) In the case of a National Guard technician employed 

under section 709 of title 32, the term ‘‘employer’’ means the 

adjutant general of the State in which the technician is employed. 

(C) Except as an actual employer of employees, an employee 

pension benefit plan described in section 3(2) of the Employee 

Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) 

shall be deemed to be an employer only with respect to the obligation to provide benefits described in section 4318. 

(D)(i) Whether the term ‘‘successor in interest’’ applies with 

respect to an entity described in subparagraph (A) for purposes 

of clause (iv) of such subparagraph shall be determined on a 

case-by-case basis using a multi-factor test that considers the 

following factors: 

(I) Substantial continuity of business operations. 

(II) Use of the same or similar facilities. 

(III) Continuity of work force. 

(IV) Similarity of jobs and working conditions. 

(V) Similarity of supervisory personnel. 

(VI) Similarity of machinery, equipment, and production 

methods. 

(VII) Similarity of products or services. 

(ii) The entity’s lack of notice or awareness of a potential or 

pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered 

when applying the multi-factor test under clause (i). 

(5) The term ‘‘Federal executive agency’’ includes the United 

States Postal Service, the Postal Regulatory Commission, any 

nonappropriated fund instrumentality of the United States, 

any Executive agency (as that term is defined in section 105 

of title 5) other than an agency referred to in section 

2302(a)(2)(C)(ii) of title 5, and any military department (as 

that term is defined in section 102 of title 5) with respect to 

the civilian employees of that department. 

(6) The term ‘‘Federal Government’’ includes any Federal executive agency, the legislative branch of the United States, and 

the judicial branch of the United States. 

(7) The term ‘‘health plan’’ means an insurance policy or contract, medical or hospital service agreement, membership or 

subscription contract, or other arrangement under which 

health services for individuals are provided or the expenses of 

such services are paid. 

(8) The term ‘‘notice’’ means (with respect to subchapter II) 

any written or verbal notification of an obligation or intention 

to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the 

uniformed service in which such service is to be performed. 

(9) The term ‘‘qualified’’, with respect to an employment position, means having the ability to perform the essential tasks 

of the position. 

(10) The term ‘‘reasonable efforts’’, in the case of actions required of an employer under this chapter, means actions, inVerDate Sep 11 2014 22:37 Mar 01, 2016 Jkt 059006 PO 00000 Frm 00059 Fmt 6659 Sfmt 6601 E:\HR\OC\HR436.XXX HR436

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cluding training provided by an employer, that do not place an 

undue hardship on the employer. 

(11) Notwithstanding section 101, the term ‘‘Secretary’’ 

means the Secretary of Labor or any person designated by such 

Secretary to carry out an activity under this chapter. 

(12) The term ‘‘seniority’’ means longevity in employment together with any benefits of employment which accrue with, or 

are determined by, longevity in employment. 

(13) The term ‘‘service in the uniformed services’’ means the 

performance of duty on a voluntary or involuntary basis in a 

uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a 

period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, 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, and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32. 

(14) The term ‘‘State’’ means each of the several States of the 

United States, the District of Columbia, the Commonwealth of 

Puerto Rico, Guam, the Virgin Islands, and other territories of 

the United States (including the agencies and political subdivisions thereof). 

(15) The term ‘‘undue hardship’’, in the case of actions taken 

by an employer, means actions requiring significant difficulty 

or expense, when considered in light of— 

(A) the nature and cost of the action needed under this 

chapter; 

(B) the overall financial resources of the facility or facilities involved in the provision of the action; the number of 

persons employed at such facility; the effect on expenses 

and resources, or the impact otherwise of such action upon 

the operation of the facility; 

(C) the overall financial resources of the employer; the 

overall size of the business of an employer with respect to 

the number of its employees; the number, type, and location of its facilities; and 

(D) the type of operation or operations of the employer, 

including the composition, structure, and functions of the 

work force of such employer; the geographic separateness, 

administrative, or fiscal relationship of the facility or facilities in question to the employer. 

(16) The term ‘‘uniformed services’’ means the Armed Forces, 

the Army National Guard and the Air National Guard when 

engaged in active duty for training, inactive duty training, or 

full-time National Guard duty, the commissioned corps of the 

Public Health Service, 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, and 


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any other category of persons designated by the President in 

time of war or national emergency. 

* * * * * * * 

Æ 


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