To waive certain provisions in the case of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Bill Number

H.R. 315

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Emergency Management

Status

Introduced

Latest Action

2025-01-10: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

Last Updated

2025-03-13T16:31:13Z

AI-Generated Summary

Purpose

This bill (H.R. 315) aims to provide flexibility in emergency procurement for certain U.S. territories and the District of Columbia by waiving federal requirements that prioritize American-made goods during declared emergencies. It seeks to speed up disaster response in these areas by allowing the use of non-U.S. products if necessary.

Key Provisions

• Waiver Authority: During an emergency declared under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (a federal law that provides aid for disasters and emergencies), the Federal Emergency Management Agency (FEMA) Administrator must waive the application of chapter 83 of title 41, United States Code.
• Scope of Waiver: The waiver applies specifically to purchases or contracts made by Puerto Rico, the District of Columbia, American Samoa, or the Virgin Islands of the United States.
• Chapter 83 Explanation: This refers to the Buy American Act, which generally requires federal government contracts and purchases to favor goods produced in the United States over foreign alternatives.

Significant Changes to Existing Law

• The bill introduces a targeted exception to the Buy American Act, which currently applies broadly to federal procurements, including those in emergencies.
• It does not alter the Stafford Act's emergency declaration process but adds a specific waiver for the listed jurisdictions, allowing them to bypass U.S.-preference rules that could delay urgent acquisitions during crises.

Potential Impacts

• On Government Agencies: FEMA gains discretion to approve faster, potentially cheaper procurement without strict U.S. sourcing mandates, reducing administrative burdens during emergencies. However, it may increase oversight needs to prevent misuse.
• On Citizens: Residents of the affected areas (Puerto Rico, D.C., American Samoa, and U.S. Virgin Islands) could benefit from quicker access to emergency supplies, such as medical equipment or building materials, potentially improving disaster recovery times.
• On International Relations: Minimal direct impact, though it could allow imports from foreign suppliers, possibly strengthening ties with international aid partners during joint disaster responses.
• Broader Effects: U.S. manufacturers might face reduced market protection in these jurisdictions, potentially affecting domestic jobs, while local governments could save time and costs.

Main Stakeholders Affected

• Federal Agencies: Primarily FEMA, which enforces the waiver.
• Local Governments: Officials in Puerto Rico, the District of Columbia, American Samoa, and the U.S. Virgin Islands, who handle emergency procurements.
• Citizens and Businesses: Residents and local contractors in these areas, who may access a wider range of goods; U.S. suppliers, who could lose preferential treatment.
• Advocacy Groups: Organizations focused on disaster preparedness or territorial rights, such as those representing non-state jurisdictions.

Notable Legal, Constitutional, or Political Implications

• Legal: The waiver creates a narrow carve-out from federal procurement laws, potentially setting a precedent for future exceptions in underserved areas. It aligns with the Stafford Act's goal of efficient emergency aid but could invite challenges if seen as inconsistent application of federal rules.
• Constitutional: Raises questions about equal treatment under the law for territories (which lack full voting representation in Congress) versus states, as the bill singles out non-state entities; however, Congress has broad authority over territories under the Territory Clause of the Constitution.
• Political: Highlights ongoing debates about federal support for U.S. territories, especially post-disasters like hurricanes in Puerto Rico and the Virgin Islands. Introduced by a representative from American Samoa, it may signal bipartisan interest in addressing procurement delays in vulnerable regions, though it could face opposition from domestic industry lobbies favoring "Buy American" protections.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Del. Radewagen, Aumua Amata Coleman [R-AS]

Recent Actions

• 2025-01-10: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
• 2025-01-09: Referred to the House Committee on Transportation and Infrastructure.
• 2025-01-09: Introduced in House
• 2025-01-09: Introduced in House

Bill Versions

• To waive certain provisions in the case of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. — issued 2025-01-09 — PDF (2 pages)