To require the Administrator of the Federal Emergency Management Agency to ensure that cost estimates, acquisition of proper materials, and any other activity related to certain projects under the Robert T. Stafford Disaster Relief and Emergency Assistance Act are performed by professionals licensed in the relevant State, and for other purposes.
This bill would overhaul how the Federal Emergency Management Agency (FEMA) handles certain disaster-relief projects funded under the Stafford Act (specifically sections 406 and 428). It requires that cost estimates, acquisition of materials, and related activities for these projects be performed by professionals who are appropriately licensed in the relevant state. The measure sets conditions to ensure licensed professionals have input and authority in planning and procurement, limits FEMA’s ability to disapprove plans or purchases without the consent of the licensed professional, and assigns some responsibilities to state and local governments. It also directs FEMA to update its regulations to implement these requirements and defines who qualifies as an appropriately licensed professional and what constitutes a covered activity. In short, the bill aims to raise professional licensing standards and oversight in disaster-recovery work, potentially affecting how quickly projects move, who can work on them, and how purchases and plans are approved.
Key Points
- 1Covered activities and eligible projects: Applies to cost estimation and procurement (and related activities) for projects eligible for assistance under Stafford Act sections 406 and 428.
- 2Licensing requirement: Any professional involved must be appropriately licensed in the state where the project is carried out (engineer, architect, builder, tradesperson, or related profession). Professionals can be FEMA employees or contracted by FEMA or a state/local entity.
- 3Protections for licensed professionals’ input: FEMA may not disapprove plans, rebuilding proposals, material suggestions, or direct purchases without the direct consent of an appropriately licensed professional; purchases proposed by such professionals must be approved by FEMA; and plans/materials proposed by them should not be rejected or stalled absent fraud.
- 4State role and procurement: The state bears responsibility to hire an appropriately licensed professional to develop the scope of work; the contract process should not be hindered if the process is suggested by a state or local government.
- 5Administration and definitions: FEMA must update regulations and policies to implement the act; the bill provides definitions of “appropriately licensed professional” and “covered activity.”