PolicyBrief
H.R. 315
119th CongressJan 9th 2025
To waive certain provisions in the case of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
IN COMMITTEE

During a declared emergency, this bill allows the FEMA Administrator to waive certain contracting rules for Puerto Rico, Washington D.C., American Samoa, and the U.S. Virgin Islands.

Aumua Amata Radewagen
R

Aumua Amata Radewagen

Representative

AS

LEGISLATION

FEMA Gets Power to Skip Contracting Rules in Emergencies: D.C., Puerto Rico, USVI, and American Samoa Included

This bill lets the head of FEMA bypass some usual federal contracting rules during declared emergencies in Puerto Rico, Washington D.C., American Samoa, and the U.S. Virgin Islands. The stated goal is to get aid flowing faster when disasters hit, but it also means less oversight on how money's being spent.

Cutting Through the Red Tape?

The core change here is allowing FEMA to waive parts of chapter 83 of title 41, United States Code – that's the rulebook for a lot of government contracting. Normally, these rules ensure fair competition and try to prevent wasteful spending. By skipping some of these, FEMA can, in theory, get contracts signed quicker and get resources moving to disaster zones faster. Think, for example, a local construction company in Puerto Rico getting a contract to clear debris immediately, without waiting for a lengthy bidding process.

The Flip Side: Speed vs. Accountability

While speed is crucial in emergencies, the trade-off is transparency. Waiving these contracting rules could mean less competitive bidding, potentially leading to higher prices. It also raises the risk of contracts going to companies that aren't the best fit, or even those with political connections rather than merit. For instance, a company with ties to local officials might get a lucrative cleanup contract, even if they lack the experience or equipment of a competitor. The bill doesn't specify exactly which parts of chapter 83 can be waived, giving FEMA broad discretion.

Real-World Impact: Faster Help, But at What Cost?

For residents of these areas, this could mean quicker assistance after a hurricane, earthquake, or other disaster. Imagine a family whose home was damaged – faster debris removal and temporary housing could be a lifeline. However, it also means less visibility into how taxpayer dollars are being used. This lack of oversight raises the potential for misuse of funds, making it harder to track whether the money is actually helping those in need or lining the pockets of a select few. The bill essentially trades some accountability for speed, a gamble that might pay off in some situations but carries significant risks.

Challenges in Implementation

One of the major challenges will be ensuring that FEMA uses this power responsibly. Without clear guidelines and strict oversight, the potential for abuse is real. It will be crucial to monitor how this waiver is applied in practice and to have mechanisms in place to flag any questionable contracts or spending patterns. The bill, as it stands, doesn't provide these safeguards, leaving a potential gap in accountability.