Federal

Disaster Contract Improvement Act

Source: Congress.gov · 949 words in original text

What This Bill Does

This bill directs the Federal Emergency Management Agency (FEMA) to create a working group that brings together different organizations to work together on disaster debris removal. The bill also requires FEMA to study whether current rules and guidance for debris removal contracts are working well, and to make improvements if needed.

Who It Affects

States, Tribal governments (Native American tribal governments), units of local government, FEMA, the Army Corps of Engineers, the Natural Resources Conservation Service, debris removal contractors, and any organization involved in cleaning up debris after disasters.

Key Provisions

- FEMA must establish an advisory working group with representatives from federal agencies, state and tribal governments, local governments, and debris removal experts to encourage collaboration on disaster debris removal (Sec. 2(b)). - Within one year of the law taking effect, FEMA must determine whether current guidance and procedures for overseeing debris removal contracts are sufficient, and if not, must develop and put in place additional guidance and procedures (Sec. 2(c)). - States, Tribal governments, and local governments receiving grant money for debris removal must take the main role in overseeing the debris removal work (Sec. 2(c)(2)(A)). - FEMA must create guidance, checklists, training materials, and job aids to help state and local debris monitors do their jobs effectively (Sec. 2(c)(2)(B)-(D)). - The Comptroller General of the United States (head of the Government Accountability Office) must study how states and local governments use advance contracts for debris removal, the benefits and challenges of these contracts, and fraud and waste in the debris removal program within one year (Sec. 2(e)).

What Changes

A new advisory working group will be created to coordinate disaster debris removal efforts among multiple organizations. FEMA will review and likely create new rules and guidance documents to improve how debris removal contracts are managed and overseen. States and local governments will receive new training materials and support to better monitor debris removal work and prevent fraud and waste.

Important Definitions

- **Administrator:** The head of the Federal Emergency Management Agency. - **Debris removal program:** The program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Effective Date

Not specified in bill text. However, the bill was approved on December 17, 2024.

PUBLIC LAW 118–153—DEC. 17, 2024 DISASTER CONTRACT IMPROVEMENT ACT VerDate Sep 11 2014 00:25 Jan 04, 2025 Jkt 059139 PO 00153 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL153.118 PUBL153 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1688 PUBLIC LAW 118–153—DEC. 17, 2024 Public Law 118–153 118th Congress An Act 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 Assist- ance 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 Con- servation 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 enact- ment 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 Deadline. Determinations. Establishment. Disaster Contract Improvement Act. 42 USC 5173 note. Dec. 17, 2024 [S. 310] VerDate Sep 11 2014 00:25 Jan 04, 2025 Jkt 059139 PO 00153 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL153.118 PUBL153 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1689 PUBLIC LAW 118–153—DEC. 17, 2024 (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 guid- ance 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 over- sight 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, con- tract 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 ineffi- ciency 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 enact- ment 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 con- tracts 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 Recommenda- tions. Assessment. Deadline. List. List. Lists. VerDate Sep 11 2014 00:25 Jan 04, 2025 Jkt 059139 PO 00153 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL153.118 PUBL153 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1690 PUBLIC LAW 118–153—DEC. 17, 2024 LEGISLATIVE HISTORY—S. 310 (H.R. 6997): HOUSE REPORTS: No. 118–776 (Comm. on Transportation and Infrastructure) ac- companying H.R. 6997. SENATE REPORTS: No. 118–24 (Comm. on Homeland Security and Governmental Affairs). CONGRESSIONAL RECORD: Vol. 169 (2023): Dec. 18, considered and passed Senate. Vol. 170 (2024): Dec. 9, considered and passed House. Æ (C) fraud, waste, and abuse relating to the debris removal program, including case studies; and (5) makes any necessary recommendations for improve- ments to oversight and fraud prevention across the debris removal program. Approved December 17, 2024. Recommenda- tions. VerDate Sep 11 2014 00:25 Jan 04, 2025 Jkt 059139 PO 00153 Frm 00004 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL153.118 PUBL153 kcroghan on LAP5R21GR3PROD with PUBLAWS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.