Disaster Contract Improvement Act

Subjects: Emergency Management, Advisory bodies, Disaster relief and insurance, Government information and archives, Government studies and investigations, Intergovernmental relations, Public contracts and procurement, State and local government operations

Summary:  <p><strong>Disaster Contract Improvement Act</strong></p> <p>This bill directs the Federal Emergency Management Agency (FEMA) to establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal.</p> <p>The bill requires (1) FEMA to conduct outreach to states, tribal governments, and local governments with respect to any guidance or support materials developed; and (2) the Government Accountability Office to conduct a study that, among other things, examines the use and adoption rate of advance contracts for debris removal by states, tribal governments, and local governments.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 310 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 310

 To establish an advisory group to encourage and foster collaborative 
  efforts among individuals and entities engaged in disaster recovery 
          relating to debris removal, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

     Mr. Scott of Florida (for himself, Mr. Peters, and Ms. Rosen) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish an advisory group to encourage and foster collaborative 
  efforts among individuals and entities engaged in disaster recovery 
          relating to debris removal, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Contract Improvement Act''.

SEC. 2. OVERSIGHT ON DEBRIS REMOVAL.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Debris removal program.--The term ``debris removal 
        program'' means the program established under section 407 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5173).
    (b) Advisory Working Group.--
            (1) In general.--The Administrator shall establish an 
        advisory working group to encourage and foster collaborative 
        efforts among individuals and entities engaged in disaster 
        recovery relating to debris removal.
            (2) Membership.--The advisory working group established 
        under paragraph (1) shall be comprised of--
                    (A) representatives from the Federal Emergency 
                Management Agency;
                    (B) representatives from the Army Corps of 
                Engineers;
                    (C) representatives from the Natural Resources 
                Conservation Service of the Department of Agriculture;
                    (D) representatives of States, Tribal governments, 
                and units of local government; and
                    (E) subject matter experts in debris removal, 
                including not less than 1 representative from the 
                debris services contractor industry.
    (c) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Administrator, in consultation with the advisory working 
group established under subsection (b)(1), shall--
            (1) determine whether guidance and procedures in effect as 
        of the date of enactment of this Act with respect to the 
        oversight and cost of debris removal contracts entered into 
        under the debris removal program are sufficient; and
            (2) if the Administrator, in consultation with the advisory 
        working group established under subsection (b)(1), determines 
        that the guidance and procedures described in paragraph (1) are 
        insufficient, develop and implement additional such guidance 
        and procedures, including--
                    (A) a requirement that each State, Tribal 
                government, and unit of local government receiving a 
                grant under the debris removal program take the primary 
                role in the oversight function of debris removal;
                    (B) guidance for State, Tribal, and local debris 
                monitors relating to debris removal operations, debris 
                operations oversight, and contractor oversight, 
                including contractor monitoring;
                    (C) guidance for streamlining the reimbursement of 
                debris costs overall, including debris management 
                planning and support for resilience in debris removal 
                operations;
                    (D) checklists, job aids, eligibility requirements, 
                contract requirements, debris management planning 
                guidance, sample bids, and other items, as determined 
                necessary by the Administrator, for State and local 
                debris monitors;
                    (E) a list of the specific debris removal 
                monitoring responsibilities expected to be completed by 
                a State that receives a grant under the debris removal 
                program;
                    (F) a list of the specific debris removal 
                monitoring responsibilities expected to be completed by 
                recipients of a grant under the debris removal program; 
                and
                    (G) guidance for State and Tribal governments and 
                units of local government to reduce duplication and 
                inefficiency in debris removal contracting across the 
                Federal Government, State and Tribal governments, and 
                units of local government.
    (d) Training.--The Administrator shall conduct outreach to States, 
Tribal governments, and units of local government with respect to any 
guidance or support materials developed under this section.
    (e) GAO Study.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study that--
            (1) studies the use and adoption rate of advance contracts 
        for debris removal by selected States, Tribal governments, and 
        units of local government;
            (2) identifies the benefits and challenges of advance 
        contracts for debris removal;
            (3) with respect to the reporting and information sharing 
        processes, as of the date of enactment of this Act, for advance 
        contracts for debris removal between States and units of local 
        government and Federal partners--
                    (A) assesses those processes; and
                    (B) makes any necessary recommendations for those 
                processes;
            (4) studies--
                    (A) the process for setting Federal reimbursement 
                rates for the debris removal program;
                    (B) the use of penalties, as of the date of 
                enactment of this Act, for violations of law and 
                regulations relating to debris removal; and
                    (C) fraud, waste, and abuse relating to the debris 
                removal program, including case studies; and
            (5) makes any necessary recommendations for improvements to 
        oversight and fraud prevention across the debris removal 
        program.
                                 &lt;all&gt;
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