,,ii #aafth ,,congress #ast ,session ,s4 #bdba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjai ,mr4 ,scott of ,florida 7for himself and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act to improve accountability of disaster contracts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,disaster ,contract ,transparency ,act of #bjai4 #b4 ,debris removal contract oversight 7a7 ,in general ,title ,,iv of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj et seq47 is amended by adding at the end the following3 #dca4 ,public assistance grant program eligibility and oversight for debris removal 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency2 7#b7 the term ,agency means the ,federal ,emergency ,management ,agency2 7#c7 the term covered ,state means a ,state for which a major disaster or emergency was declared under this ,act during the #e-year period preceding the date on which the ,state requests assistance for debris removal under the public assistance grant program2 7#d7 the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this ,act during the #e-year period preceding the date on which the ,state requests assistance for debris removal under the public assistance grant program2 and 7#e7 the term public assistance grant program means the public assistance grant program authorized under sections #djc1 #djf1 #djg1 #dah1 #dai1 #dbh1 and #ejb7;a74 7b7 ,eligibility 7#a7 ,in general 7,a7 ,advance contact required ,except as provided in subparagraph 7,b71 a covered ,state or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program1 including direct ,federal assistance for debris removal provided by the ,corps of ,engineers1 unless the covered ,state or covered unit of local government has in effect1 prior to the major disaster or emergency declaration under this ,act for which the covered ,state or covered unit of local government is seeking debris removal assistance1 an advance contract for debris removal services that collectively provides adequate coverage1 as determined by the ,administrator1 for debris removal for the entire ,state4 7,b7 ,grace period ,subparagraph 7,a7 shall not apply during the #a-year period beginning on the date on which a ,state or unit of local government becomes a covered ,state or covered unit of local government4 7#b7 ,reporting ,for purposes of determining eligibility under paragraph 7#a71 each covered ,state shall submit1 on an annual basis1 a report to the ,administrator on all advanced contracts in effect for the covered ,state or covered units of local government within the ,state1 including1 for each advanced contract-- 7,a7 the name of the contractor2 7,b7 the contract terms and conditions2 7,c7 the reimbursement rates2 7,d7 verification and oversight agreements2 7,e7 geographic coverage of the contract2 7,f7 capacity of contractor2 and 7,g7 debris removal assets owned by the contractor4 7c7 ,reimbursement of debris removal contracts ,with respect to reimbursing advance contracts for debris removal services described in subsection 7b71 the ,administrator shall reimburse for such services at the lower of-- 7#a7 the rate of the ,federal contract1 if any2 7#b7 the rate of the ,state advance contract1 if any2 or 7#c7 the rate of the unit of local government advance contract4 7d7 ,penalties for contractors 7#a7 ,in general ,except as provided in paragraph 7#c71 any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a ,state or unit of local government shall not be eligible for any ,federal reimbursement funds for debris removal services for not less than #aj years after the date on which the advance contract is breached4 7#b7 ,determination of breach ,a determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph 7#a7 shall be made by a court of competent jurisdiction4 7#c7 ,waiver of penalty ,the ,administrator may waive paragraph 7#a7 if the ,administrator determines such waiver is necessary due to-- 7,a7 a labor or supply shortage2 or 7,b7 no alternative contractors being available to perform the necessary services4 7e7 ,oversight 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall develop and implement guidance and procedures1 including clear and unambiguous rules1 with respect to the oversight of debris removal contracts entered into under the public assistance grant program1 including1 at a minimum-- 7,a7 a requirement that-- 7i7 all ,states and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal2 and 7ii7 the ,agency shall verify compliance with the requirements of this section and any regulations promulgated under this section2 7,b7 guidance for ,state and local debris monitors regarding debris removal operations1 debris operations oversight1 and contractor oversight1 including contractor monitoring2 7,c7 checklists1 job aids1 eligibility requirements1 contract requirements1 debris management planning guidance1 and other items1 as determined necessary by the ,administrator1 for ,state and local debris monitors2 7,d7 guidance for ,state and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation2 7,e7 a list of the specific debris removal monitoring responsibilities expected to be completed by a ,state for which a public assistance grant program grant is awarded2 and 7,f7 a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program4 7#b7 ,review and update of guidance and procedures ,the ,administrator shall review and update the guidance and procedures required under paragraph 7#a7 as appropriate1 but not less frequently than once every #c years4 7#c7 ,requirements 7,a7 ,in general ,in developing the guidance and procedures required under paragraph 7#a71 the ,administrator shall-- 7i7 except as provided in subparagraph 7,b71 require that not later than #de days after a grant is awarded under the public assistance grant program for debris removal1 and once every #de days thereafter for the duration of the grant1 the ,state shall submit a report to the ,administrator on the progress of the debris removal2 and 7ii7 ensure that oversight of debris removal operations can be accomplished in all units of local government of a ,state in which debris removal operations are being carried out1 such as through real-time reporting on operations4 7,b7 ,waiver of reporting requirement ,the ,administrator may waive the reporting requirement described in subparagraph 7,a77i71 if the ,administrator determines1 on a case-by-case basis1 that such reporting requirement would negatively impact disaster recovery efforts4 7f7 ,training ,the ,administrator shall provide training on appropriate debris removal guidance and procedures to-- 7#a7 ,agency debris monitors2 and 7#b7 appropriate ,state and private entities4 7g7 ,field presence of ,federal coordinating officers 7#a7 ,in general ,the ,administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that ,federal coordinating officers appointed under section #cjb can use to determine appropriate cost-effective field presence required for debris removal oversight4 7#b7 ,verifying debris amounts and reimbursement 7,a7 ,in general ,the ,administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall1 as part of the assistance application1 enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors1 which shall require that one of the verification methods approved by the ,administrator under subparagraph 7,b7 be used to conduct the oversight and verification4 7,b7 ,verification methods ,for purposes of subparagraph 7,a71 the ,administrator shall1 on an annual basis1 develop and publish a list of approved verification methods1 which may include-- 7i7 a digital photograph of each load of debris to validate load tickets2 7ii7 a digital photograph of each truck used to haul debris to verify truck certifications2 and 7iii7 measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses 7i7 and 7ii74 7#c7 ,penalties for inaccurate accounting of debris removal amounts ,any discrepancy between the reported amount of debris collected by a contractor and the verified amount1 as determined using an approved verification method under paragraph 7#b77;,b71 shall incur a penalty at #b times the reimbursement rate of the documented discrepancy4 4 7b7 ,advance contracting ,section #fia of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gia7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#e7 ,additional contracts ,if it is determined under subsection 7e77#b7 that an advanced contract is needed for a good or service described in such subsection1 the ,administrator shall1 to the greatest extent possible1 enter into #a or more advance contracts for that good or service4 7#f7 ,priority ,to the greatest extent possible1 the ,administrator shall use advance contracts for goods and services before making new post-disaster contract awards for the same or similar goods and services4 2 and 7#b7 by adding at the end the following3 7e7 ,annual reports ,not later than #ahj days after the date of enactment of this subsection1 the ,administrator shall submit to the appropriate committees of ,congress a report on advanced contracts that contains-- 7#a7 a comprehensive list of advance contracts in effect as of the date the report1 which shall include-- 7,a7 the contracting entity2 7,b7 the award amount2 7,c7 the good or service being provided under the contract2 and 7,d7 the duration of the contract2 and 7#b7 a review of the need for advance contracts that may be lacking as of the date of the report for-- 7,a7 debris removal services2 7,b7 prefabricated and portable buildings2 7,c7 inspection services2 7,d7 installation of power transmission equipment2 and 7,e7 other goods and services determined by the ,administrator to be appropriate for advance contracts4 4 7c7 ,effective date ,subsections 7b7 and 7c7 of section #dca of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 as added by subsection 7a7 of this section1 shall not take effect until the date that is #a year after the date of enactment of this ,act4