In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Reform Act of 2016''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS.

    (a) Application of Industry Standards; Assistance.--Section 8103 of 
title 38, United States Code, is amended by adding at the end the 
following new subsections:
    ``(f) To the maximum extent practicable, the Secretary shall use 
industry standards, standard designs, and best practices in carrying 
out the construction of medical facilities.
    ``(g)(1) The Secretary shall provide to a non-Department Federal 
entity with which the Secretary has entered into an agreement under 
subsection (e)--
            ``(A) design, planning, and construction assistance before 
        the entity issues a request for proposals for the design or 
        construction of the super construction project covered by the 
        agreement;
            ``(B) any documents or information needed for the entity to 
        carry out the responsibilities of the entity with respect to 
        the super construction project; and
            ``(C) upon the request of the entity, any other assistance 
        that the entity determines necessary to carry out such 
        responsibilities.
    ``(2) Any assistance provided under paragraph (1) shall be provided 
to the non-Department Federal entity on a non-reimbursable basis.
    ``(h)(1) With respect to a proposed change to a contract entered 
into by a non-Department Federal entity with which the Secretary has 
entered into an agreement under subsection (e) that is estimated at a 
value of less than $250,000, the non-Department Federal entity shall 
issue a final decision regarding such change not later than 30 days 
after the date on which the change is proposed.
    ``(2) With respect to a proposed change to such a contract that is 
estimated at a value of $250,000 or more--
            ``(A) the Secretary may provide to the entity the 
        recommendations of the Secretary regarding such change;
            ``(B) during the 30-day period beginning on the date on 
        which the entity furnishes to the Secretary information 
        regarding such change, the Secretary may issue the final 
        decision regarding such change; and
            ``(C) if the Secretary does not issue a final decision 
        under subparagraph (B), during the 30-day period following the 
        period described in such paragraph, the entity shall issue a 
        final decision regarding such a change no later than 90 days 
        from when the entity furnished information regarding such a 
        change to the Secretary.
    ``(i) The Secretary shall ensure that each employee of the 
Department with responsibilities relating to the construction or 
alteration of medical facilities, including such construction or 
alteration carried out pursuant to contracts or agreements, undergoes a 
program of ongoing professional training and development. Such program 
shall be designed to ensure that employees maintain adequate expertise 
relating to industry standards and best practices for the acquisition 
of design and construction services. The Secretary may provide the 
program under this subsection through a contract or agreement with a 
non-Federal entity or with a non-Department Federal entity.''.
    (b) Limitation on Planning and Design for Super Construction 
Projects.--
            (1) In general.--Section 8104(a) of title 38, United States 
        Code, is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4);
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):
    ``(3) The Secretary may not obligate or expend funds for advance 
planning or design for any super construction project, until the date 
that is 60 days after the date on which the Secretary submits to the 
Committee on Veterans' Affairs and the Committee on Appropriations of 
the Senate and the Committee on Veterans' Affairs and the Committee on 
Appropriations of the House of Representatives notice of such 
obligation or expenditure.''; and
                    (C) in paragraph (4), as redesignated by paragraph 
                (1) of this subsection, by adding at the end the 
                following new subparagraph:
            ``(C) The term `super construction project' means a project 
        for the construction, alteration, or acquisition of a medical 
        facility involving a total expenditure of more than 
        $100,000,000, but such term does not include an acquisition by 
        exchange.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to a construction project that is 
        initiated on or after that date.
    (c) Congressional Approval of Certain Projects.--
            (1) Projects that exceed specified amount.--Subsection (c) 
        of section 8104 of title 38, United States Code, is amended to 
        read as follows:
    ``(c)(1) The Secretary may not obligate funds for a major medical 
facility project or a super construction project approved by a law 
described in subsection (a)(2) in an amount that would cause the total 
amount obligated for that project to exceed the amount specified in the 
law for that project (or would add to total obligations exceeding such 
specified amount) by more than 10 percent unless the Committee on 
Veterans' Affairs and the Committee on Appropriations of the Senate and 
the Committee on Veterans' Affairs and the Committee on Appropriations 
of the House of Representatives each approve in writing the obligation 
of those funds.
    ``(2) The Secretary shall--
            ``(A) enter into a contract with an appropriate non-
        department Federal entity with the ability to conduct forensic 
        audits on medical facility projects for the conduct of an 
        external forensic audit of the expenditures relating to any 
        major medical facility or super construction project for which 
        the total expenditures exceed the amount specified in the law 
        for the project by more than 25 percent; and
            ``(B) enter into a contract with an appropriate non-
        department Federal entity with the ability to conduct forensic 
        audits on medical facility projects for the conduct of an 
        external audit of the medical center construction project in 
        Aurora, Colorado.''.
            (2) Use of extra amounts.--Subsection (d) of such section 
        is amended--
                    (A) in paragraph (2)(B), in the matter preceding 
                clause (i), by striking ``Whenever'' and inserting 
                ``Before''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3) The Secretary may not obligate any funds described in 
paragraph (1) or amounts described in paragraph (2) before the date 
that is 30 days after the notification submitted under paragraph (1) or 
paragraph (2)(B), as the case may be, unless the Committee on Veterans' 
Affairs and the Committee on Appropriations of the Senate and the 
Committee on Veterans' Affairs and the Committee on Appropriations of 
the House of Representatives each approve in writing the obligation of 
those funds or amounts.''.
            (3) Notification requirements.--
                    (A) Committees required.--Subsection (d)(1) of such 
                section is amended by striking ``each committee'' and 
                inserting ``the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate and the 
                Committee on Veterans' Affairs and the Committee on 
                Appropriations of the House of Representatives''.
                    (B) Use of amounts from bid savings.--Subsection 
                (d)(2)(B) of such section is amended by adding at the 
                end the following new clause:
            ``(iv) With respect to the major construction project that 
        is the source of the bid savings--
                    ``(I) the amounts already obligated or available in 
                the project reserve for such project;
                    ``(II) the percentage of such project that has been 
                completed; and
                    ``(III) the amount of such bid savings that is 
                already obligated or otherwise being used for a purpose 
                other than such project.''.
    (d) Quarterly Report on Super Construction Projects.--
            (1) In general.--At the end of subchapter I of chapter 81 
        of title 38, United States Code, add the following new section:
``Sec. 8120. Quarterly report on super construction projects
    ``(a) Quarterly Reports Required.--Not later than 30 days after the 
last day of each fiscal quarter the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives on the super construction projects carried out by the 
Secretary during such quarter. Each such report shall include, for each 
such project--
            ``(1) the budgetary and scheduling status of the project, 
        as of the last day of the quarter covered by the report; and
            ``(2) the actual cost and schedule variances of the 
        project, as of such day, compared to the planned cost and 
        schedules for the project.
    ``(b) Super Construction Project Defined.--In this section, the 
term `super construction project' has the meaning given such term in 
section 8104(a)(4)(C) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of the chapter is amended by adding at the end of the 
        items relating to such subchapter the following new item:

``8120. Quarterly report on super construction projects.''.
    (e) Accelerated Master Planning for Each Medical Facility of the 
Department of Veterans Affairs.--
            (1) Existing facilities.--Not later than December 31, 2016, 
        the Secretary of Veterans Affairs shall complete a master plan 
        described in paragraph (3) for each medical facility of the 
        Department of Veterans Affairs.
            (2) New facilities.--For each medical facility of the 
        Department for which construction is completed after the date 
        of the enactment of this Act, the Secretary shall complete a 
        master plan described in paragraph (3) for the facility by not 
        later than the earlier of the following dates:
                    (A) The date on which activation is completed.
                    (B) The date of the formal dedication of the 
                facility.
            (3) Master plan described.--A master plan described in this 
        paragraph is, with respect to a medical facility of the 
        Department, a plan to inform investment decisions and funding 
        requests over a 10-year period for construction projects at 
        such medical facility--
                    (A) to meet the health care needs of a changing 
                veteran population through a combination of health care 
                from the Department and other community resources; and
                    (B) to maximize the best use of the land and 
                structures comprising such medical facility.

SEC. 3. ASSISTANT INSPECTOR GENERAL FOR CONSTRUCTION.

    (a) In General.--Chapter 3 of title 38, United States Code, is 
amended by inserting after section 312 the following new section:
``Sec. 312A. Assistant Inspector General for Construction
    ``(a) In General.--There is in the Office of Inspector General an 
Assistant Inspector General for Construction. The Assistant Inspector 
General for Construction is responsible for conducting, supervising, 
and coordinating audits, evaluations, and investigations of the 
planning, design, contracting, execution, and construction of 
facilities and infrastructure of the Department, including major and 
minor construction projects and leases.
    ``(b) Qualifications.--Each individual appointed as Assistant 
Inspector General for Construction shall be an individual who has 
expertise in construction and facilities management.
    ``(c) Reports.--(1) Not later than 60 days after the appointment of 
an individual as the Assistant Inspector General for Construction, and 
every calendar quarter thereafter, the Assistant Inspector General for 
Construction shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report summarizing the activities 
of the Assistant Inspector General for Construction during the 120-day 
period ending on the date of such report.
    ``(2) In addition to the report required in paragraph (1), and the 
requirements contained in section 5 of the Inspector General Act of 
1978 (5 U.S.C. App.), the Assistant Inspector General for Construction 
shall promptly provide to the Committees on Veterans' Affairs of the 
Senate and House of Representatives the findings of any investigation 
undertaken by the Assistant Inspector General for Construction, and 
shall notify the Committees promptly if the Assistant Inspector General 
for Construction identifies any serious or flagrant problem or 
deficiency relating to the administration or operation of any 
construction program of the Department, if, during the course of any 
investigation, the Assistant Inspector General for Construction 
determines that Congress should take immediate action.
    ``(3) Nothing in this subsection shall be construed to authorize 
the public disclosure of information that is--
            ``(A) specifically prohibited from disclosure by any other 
        provision of law;
            ``(B) specifically required by Executive Order to be 
        protected from disclosure in the interest of national defense 
        or national security or in the conduct of foreign affairs; or
            ``(C) a part of an ongoing criminal investigation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
312 the following new item:

``312A. Assistant Inspector General for Construction.''.

            Passed the House of Representatives February 9, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
[EX A]: Construction Reform Act of 2016 (Sec. 2) This bill requires the Department of Veterans Affairs (VA) to use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange).  The VA shall provide, on a non-reimbursable basis, a non-VA federal entity with: (1) design, planning, and construction assistance; (2) project documents; and (3) other assistance upon request.  With respect to a proposed change to a contract entered into by a non-VA federal entity with which the VA has entered into an agreement that is estimated at a value of less than $250,000, the entity shall issue a final decision regarding such change within 30 days.   With respect to a proposed contract change estimated at a value of $250,000 or more:    the VA may make recommendations to the entity;   the VA may issue the final decision regarding the change within 30 days after the entity proposes it; and   if the VA does not issue a final decision within 60 days after the entity proposes the contract change, the entity shall issue a final decision regarding the change no later than 90 days after it proposes the change.    The VA shall ensure that each VA employee with responsibilities relating to the construction or alteration of medical facilities undergoes ongoing professional training and development.   The VA is prohibited from:    obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification,  obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees approve the obligation, or  using bid savings amounts or funds for other than their original purpose before 30 days after notifying those committees unless each committee approves the obligation.   The VA shall enter into a contract with an appropriate non-department federal entity to conduct an external forensic audit of: (1) the medical center construction project in Aurora, Colorado; and (2) the expenditures relating to any major medical facility or super construction project when such expenditures exceed the amount approved by law by more than 25%.  The VA must complete a 10-year master plan for: (1) each existing VA medical facility by December 31, 2016, and (2) each new VA medical facility by not later than the earlier of the date on which activation is completed or the date of the facility's formal dedication.  (Sec. 3) There is established in the Office of Inspector General an Assistant Inspector General for Construction who shall be responsible for conducting, supervising, and coordinating audits, evaluations, and investigations of the planning, design, contracting, and construction of VA facilities and infrastructure, including major and minor construction projects and leases.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prepare, Ready, Equip, and Prevent 
Areas at Risk of Emergency Wildfires Act of 2015'' or the ``PREPARE Act 
of 2015''.

SEC. 2. WILDFIRE MITIGATION.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after 
section 203 the following:

``SEC. 203A. WILDFIRE MITIGATION.

    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        the Federal Emergency Management Agency;
            ``(2) the term `community wildfire protection plan' has the 
        meaning given the term in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511);
            ``(3) the term `eligible recipient' means a State or an 
        Indian tribal government;
            ``(4) the term `local multi-hazard mitigation plan' means a 
        mitigation plan developed by a local government under section 
        322(b) that addresses wildfire mitigation;
            ``(5) the term `State mitigation plan' means a mitigation 
        plan developed by a State under section 322(c) that addresses 
        wildfire mitigation; and
            ``(6) the term `tribal mitigation plan' means a mitigation 
        plan developed by a tribal government under section 322(b) that 
        addresses wildfire mitigation.
    ``(b) Establishment of Wildfire Mitigation Grant Program.--The 
President, acting through the Administrator, shall establish a pilot 
program to make grants to eligible recipients for wildfire mitigation.
    ``(c) Use of Funds.--A grant under this section may be used by an 
eligible recipient--
            ``(1) to reduce the hazardous fuel load by reducing the use 
        of fuels that may contribute to catastrophic wildfires in high-
        risk areas;
            ``(2) to invest in personnel and organizations to conduct 
        wildfire mitigation;
            ``(3) to invest in vehicles and other equipment to conduct 
        wildfire mitigation;
            ``(4) to mitigate against damage from runoff into waterways 
        and floods caused by erosion from wildfires;
            ``(5) to build essential community collaboration and 
        outline the necessary groundwork systems in anticipation of 
        future fires; and
            ``(6) at the discretion of the Governor of a State or the 
        Chief Executive of an Indian tribal government, and in 
        consultation with the Administrator, for any other wildfire 
        mitigation activities in the State or area under the 
        jurisdiction of the Indian tribal government, as applicable, 
        unless otherwise prohibited by law.
    ``(d) Eligibility for Assistance.--
            ``(1) In general.--
                    ``(A) Eligibility.--An eligible recipient shall be 
                eligible for assistance under this section if the 
                section 420 grant ratio for the eligible recipient is 
                equal to or greater than 125 percent of the population 
                ratio of the eligible recipient.
                    ``(B) Ratios.--For purposes of subparagraph (A)--
                            ``(i) the section 420 grant ratio shall be 
                        equal to the quotient of--
                                    ``(I) the number of declarations 
                                for a grant under section 420 received 
                                by the eligible recipient during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the total number of 
                                declarations for a grant under section 
                                420 in the United States during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section; and
                            ``(ii) the population ratio of the eligible 
                        recipient shall be equal to the quotient of--
                                    ``(I) the population of the State 
                                or the area under the jurisdiction of 
                                the Indian tribal government, as 
                                applicable, based on the most recent 
                                data available from the Bureau of the 
                                Census on the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the population of the United 
                                States, based on the most recent data 
                                available from the Bureau of the Census 
                                on the date on which an application for 
                                assistance is submitted under this 
                                section.
            ``(2) Waiver.--The President may waive the requirement of 
        paragraph (1) if an eligible recipient--
                    ``(A) files a petition for waiver of the 
                requirement of paragraph (1); and
                    ``(B) demonstrates that significant environmental 
                changes or shifts in forest health put the eligible 
                recipient at an elevated risk for catastrophic 
                wildfires, as determined by the President.
            ``(3) Local assistance.--The Governor of a State may award 
        funds received under this section, to be used solely for the 
        purposes set forth under subsection (c), to--
                    ``(A) any county or municipality in that State with 
                a community wildfire protection plan or a local multi-
                hazard mitigation plan;
                    ``(B) any Indian tribal government in that State 
                with a tribal mitigation plan; or
                    ``(C) any other entity that is explicitly 
                referenced in and central to, in the determination of 
                the Governor, the design of a community wildfire 
                protection plan or a local multi-hazard mitigation 
                plan.
    ``(e) Criteria for Assistance.--In determining whether to award a 
grant to an eligible recipient under this section, the President 
shall--
            ``(1) give preference to--
                    ``(A) an eligible recipient with a high level of 
                need for assistance based on the best scientific data 
                available;
                    ``(B) an eligible recipient that previously 
                received a grant under this section and effectively 
                used the Federal funds for wildfire mitigation 
                activities in the State or area under the jurisdiction 
                of the Indian tribal government, as applicable, as 
                determined by the President; and
            ``(2) consider environmental conditions in a State or an 
        area under the jurisdiction of an Indian tribal government, as 
        applicable, including environmental changes, deteriorating 
        forest health, and overall wildfire risk.
    ``(f) Application for Assistance.--
            ``(1) In general.--To request a grant under this section, 
        an eligible recipient shall submit an application to the 
        Administrator in such form, in such manner, and containing such 
        information as the Administrator may reasonably require.
            ``(2) Contents.--In addition to any other requirements that 
        may be specified by the Administrator, an eligible recipient 
        submitting an application for a grant under this section shall 
        demonstrate that--
                    ``(A) in the case of an eligible recipient that is 
                a State--
                            ``(i) the State has a State mitigation 
                        plan;
                            ``(ii) the State shall provide matching 
                        non-Federal funds equal to not less than 25 
                        percent of the amount of Federal funds made 
                        available under this subsection;
                            ``(iii) a county or municipality that may 
                        receive funds from the grant has a community 
                        wildfire protection plan or a local multi-
                        hazard mitigation plan; and
                            ``(iv) an Indian tribal government that may 
                        receive funds from the grant has a tribal 
                        mitigation plan; and
                    ``(B) in the case of an eligible recipient that is 
                an Indian tribal government--
                            ``(i) the Indian tribal government has a 
                        tribal mitigation plan; and
                            ``(ii) the Indian tribal government shall--
                                    ``(I) provide matching non-Federal 
                                funds equal to not less than 25 percent 
                                of the amount of Federal funds made 
                                available under this subsection; or
                                    ``(II) if the Indian tribal 
                                government is a small impoverished 
                                community, as defined in section 
                                203(a), provide non-matching Federal 
                                funds equal to not less than 10 percent 
                                of the amount of Federal funds made 
                                available under this subsection.
    ``(g) Report.--Not later than 1 year after the date of receipt of a 
grant under this section, the recipient shall submit to the 
Administrator a report, which shall be made publically available, on 
the use of funds made available under the grant.
    ``(h) Funding for Assistance.--
            ``(1) Predisaster mitigation fund.--Subject to the 
        availability of funds in the National Predisaster Mitigation 
        Fund established under section 203(i), the Administrator shall 
        use not less than $20,000,000 and not more than $30,000,000 
        from unobligated amounts in the National Predisaster Mitigation 
        Fund for each of fiscal years 2016 through 2021 in carrying out 
        this section.
            ``(2) Rule of construction.--Nothing in this section shall 
        be construed to increase the amount of appropriations 
        authorized for the Department of Homeland Security in any given 
        fiscal year.''.

SEC. 3. 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 in 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 
                that term 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 that term appears.

SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall amend 
subsection (a) of section 206.48 of title 44, Code of Federal 
Regulations, to require the Federal Emergency Management Agency to 
consider, in evaluating a Governor's request for major disaster 
assistance under the Public Assistance Program, whether--
            (1) post-fire flooding occurred within 5 years, and as a 
        result, of a single wildfire event in the State; and
            (2) the State received fire management assistance under 
        section 420 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5187) related to the major 
        disaster for which the Governor is requesting assistance under 
        the Public Assistance Program.

SEC. 5. POST-FIRE FUNDING GUIDE.

    (a) Creation and Distribution.--Not later than 1 year after the 
date of enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall create and make publically available 
a post-fire recovery funding and resource guide for local communities.
    (b) Involvement by Local Leaders.--The Administrator of the Federal 
Emergency Management Agency shall create the guide under subsection (a) 
in collaboration with local leaders who have experienced wildfires in 
their communities and who understand the requirements for the use of 
Federal disaster funds.
    (c) Updates.--The Administrator of the Federal Emergency Management 
Agency shall update the guide under subsection (a) as programs and 
resources change.
[EX A]: Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015 or the PREPARE Act of 2015  Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to establish a pilot program to make grants to states or Indian tribal governments for wildfire mitigation. Permits a grant to be used: (1) to reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) to invest in personnel, organizations, vehicles, and other equipment to conduct wildfire mitigation; (3) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; (4) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and (5) for other wildlife mitigation activities at the discretion of the governor of a state or the chief executive of an Indian tribal government. Sets forth a grant eligibility requirement based on specified ratios of the relative population of, and the relative number fire management assistance grants received in the previous 10 years by, a prospective recipient. Authorizes the President to waive that requirement if a recipient demonstrates that significant environmental changes or shifts in forest health put the recipient at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality with a community wildfire protection plan or a local multi-hazard mitigation plan, (2) any Indian tribal government with a tribal mitigation plan, or (3) any other entity that is explicitly referenced in and central to the design of a community wildfire protection plan or a local multi-hazard mitigation plan. Directs FEMA, in awarding such grants, to: (1) give preference to a recipient that has a high level of need for assistance based on the best scientific data available or that used previous grant funds efficiently and effectively for wildfire mitigation activities, and (2) consider environmental conditions in a state or area. Directs FEMA to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2016-FY2021 in carrying out this Act. Amends the Stafford Act to authorize the President, whether or not a major disaster is declared, to provide hazard mitigation assistance in any area affected by a fire for which assistance was otherwise provided. Directs FEMA to require FEMA, in evaluating a governor's request for major disaster assistance under the Public Assistance Program, to consider whether: (1) post-fire flooding occurred within five years of, and as a result of, a single wildfire event in the state; and (2) the state received fire management assistance related to the major disaster for which the governor is requesting assistance. Directs FEMA to create and make publicly available a post-fire recovery funding and resource guide for local communities.

[EX Q]: .

    Section 10(m) of the National Labor Relations Act is amended by 
adding at the end the following new sentence: ``Whenever a complaint is 
issued as provided in subsection (b) upon a charge that any person has 
engaged in or is engaging in an unfair labor practice within the 
meaning of subsection (a)(3) or (b)(2) of section 8 involving an 
unlawful discharge, the Board shall state its findings of fact and 
issue and cause to be served on such person an order requiring such 
person to cease and desist from such unfair labor practice and to take 
such affirmative action, including reinstatement of an employee with or 
without backpay, as will effectuate the policies of this Act, or shall 
state its findings of fact and issue an order dismissing the said 
complaint, not later than 365 days after the filing of the unfair labor 
practice charge with the Board except in cases of extreme complexity. 
The Board shall submit a report annually to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
Labor and Human Resources of the Senate regarding any cases pending for 
more than 1 year, including an explanation of the factors contributing 
to such a delay and recommendations for prompt resolution of such 
cases.''.

SEC. 304. REGULATIONS.

    The Board may issue such regulations as are necessary to carry out 
the purposes of this title.

                        TITLE IV--ATTORNEYS FEES

SEC. 401. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) Certain small businesses and labor organizations are at 
        a great disadvantage in terms of expertise and resources when 
        facing actions brought by the National Labor Relations Board.
            (2) The attempt to ``level the playing field'' for small 
        businesses and labor organizations by means of the Equal Access 
        to Justice Act has proven ineffective and has been 
        underutilized by these small entities in their actions before 
        the National Labor Relations Board.
            (3) The greater expertise and resources of the National 
        Labor Relations Board as compared with those of small 
        businesses and labor organizations necessitate a standard that 
        awards fees and costs to certain small entities when they 
        prevail against the National Labor Relations Board.
    (b) Purpose.--It is the purpose of this title--
            (1) to ensure that certain small businesses and labor 
        organizations will not be deterred from seeking review of, or 
        defending against, actions brought against them by the National 
        Labor Relations Board because of the expense involved in 
        securing vindication of their rights;
            (2) to reduce the disparity in resources and expertise 
        between certain small businesses and labor organizations and 
        the National Labor Relations Board; and
            (3) to make the National Labor Relations Board more 
        accountable for its enforcement actions against certain small 
        businesses and labor organizations by awarding fees and costs 
        to these entities when they prevail against the National Labor 
        Relations Board.

SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS ACT.

    The National Labor Relations Act (29 U.S.C. 151 and following) is 
amended by adding at the end the following new section:

                 ``awards of attorneys' fees and costs

    ``Sec. 20. (a) Administrative Proceedings.--An employer who, or a 
labor organization that--
            ``(1) is the prevailing party in an adversary adjudication 
        conducted by the Board under this or any other Act, and
            ``(2) had not more than 100 employees and a net worth of 
        not more than $1,400,000 at the time the adversary adjudication 
        was initiated,
shall be awarded fees and other expenses as a prevailing party under 
section 504 of title 5, United States Code, in accordance with the 
provisions of that section, but without regard to whether the position 
of the Board was substantially justified or special circumstances make 
an award unjust. For purposes of this subsection, the term `adversary 
adjudication' has the meaning given that term in section 504(b)(1)(C) 
of title 5, United States Code.
    ``(b) Court Proceedings.--An employer who, or a labor organization 
that--
            ``(1) is the prevailing party in a civil action, including 
        proceedings for judicial review of agency action by the Board, 
        brought by or against the Board, and
            ``(2) had not more than 100 employees and a net worth of 
        not more than $1,400,000 at the time the civil action was 
        filed,
 shall be awarded fees and other expenses as a prevailing party under 
section 2412(d) of title 28, United States Code, in accordance with the 
provisions of that section, but without regard to whether the position 
of the United States was substantially justified or special 
circumstances make an award unjust. Any appeal of a determination of 
fees pursuant to subsection (a) or this subsection shall be determined 
without regard to whether the position of the United States was 
substantially justified or special circumstances make an award 
unjust.''.

SEC. 403. APPLICABILITY.

    (a) Agency Proceedings.--Subsection (a) of section 20 of the 
National Labor Relations Act, as added by section 402 of this Act, 
applies to agency proceedings commenced on or after the date of the 
enactment of this Act.
    (b) Court Proceedings.--Subsection (b) of section 20 of the 
National Labor Relations Act, as added by section 402 of this Act, 
applies to civil actions commenced on or after the date of the 
enactment of this Act.

            Passed the House of Representatives March 26, 1998.

            Attest:

                                                                 Clerk.
[EX A]:
TABLE OF CONTENTS: 
     Title I:  Truth in Employment 
     Title II:  Fair Hearing 
     Title III:  Justice on Time 
     Title IV:  Attorneys Fees 
Fairness for Small Business and Employees Act of 1998 - 
Title I: Truth in Employment
 - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. 
(Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to:  (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 
Title II:  Fair Hearing
 - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue.  Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. 
Title III:  Justice on Time
 - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity.  Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. 
Title IV:  Attorneys Fees
 - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.