Disaster Contract Improvement Act
Bill: S.3512 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: Emergency Management

Summary:
Disaster Contract Improvement Act
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.
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 includes examining the use and adoption rate of advance contracts for debris removal by states, tribal governments, and local governments.

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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Disaster Contract 
Improvement Act''.</DELETED>

<DELETED>SEC. 2. OVERSIGHT ON DEBRIS REMOVAL.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Federal Emergency Management 
        Agency.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Advisory Working Group.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Membership.--The advisory working group 
        established under paragraph (1) shall be comprised of--
        </DELETED>
                <DELETED>    (A) representatives from the Federal 
                Emergency Management Agency;</DELETED>
                <DELETED>    (B) representatives from the Army Corps of 
                Engineers;</DELETED>
                <DELETED>    (C) representatives of States and units of 
                local government; and</DELETED>
                <DELETED>    (D) subject matter experts in debris 
                removal, including not less than 1 representative from 
                the debris services contractor industry.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a requirement that each State and unit 
                of local government receiving a grant under the debris 
                removal program take the primary role in the oversight 
                function of debris removal;</DELETED>
                <DELETED>    (B) guidance for State and local debris 
                monitors relating to debris removal operations, debris 
                operations oversight, and contractor oversight, 
                including contractor monitoring;</DELETED>
                <DELETED>    (C) 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;</DELETED>
                <DELETED>    (D) a list of the specific debris removal 
                monitoring responsibilities expected to be completed by 
                a State that receives a grant under the debris removal 
                grant program;</DELETED>
                <DELETED>    (E) a list of the specific debris removal 
                monitoring responsibilities expected to be completed by 
                recipients of a grant under the debris removal grant 
                program; and</DELETED>
                <DELETED>    (F) guidance for State and units of local 
                government to reduce duplication and inefficiency in 
                debris removal contracting across the Federal 
                Government, State governments, and units of local 
                government.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) studies the use and adoption rate of advance 
        contracts for debris removal by States and units of local 
        government;</DELETED>
        <DELETED>    (2) identifies the benefits of advance contracts 
        for debris removal;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) assesses those processes; 
                and</DELETED>
                <DELETED>    (B) makes any necessary recommendations 
                for those processes;</DELETED>
        <DELETED>    (4) studies--</DELETED>
                <DELETED>    (A) the process for setting Federal 
                reimbursement rates for the debris removal 
                program;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) fraud, waste, and abuse relating to 
                the debris removal program, including case studies; 
                and</DELETED>
        <DELETED>    (5) recommends improvements to oversight and fraud 
        prevention across the debris removal program.</DELETED>

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.
                                                       Calendar No. 439

117th CONGRESS

  2d Session

                                S. 3512

                          [Report No. 117-128]

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