[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8266 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 8266


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2020

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
   To modify the Federal cost share of certain emergency assistance 
  provided under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, to modify the activities eligible for assistance under 
 the emergency declaration issued by the President on March 13, 2020, 
             relating to COVID-19, 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 ``FEMA Assistance Relief Act of 
2020''.

SEC. 2. COST SHARE.

    (a) Temporary Federal Share.--Notwithstanding sections 403(b), 
403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 428(e)(2)(B), and 503(a) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), for any emergency or major disaster declared 
by the President under such Act during the period beginning on January 
1, 2020 and ending on December 31, 2020, the Federal share of 
assistance provided under such sections shall be not less than 90 
percent of the eligible cost of such assistance.
    (b) Cost Share Under COVID Emergency Declaration.--Notwithstanding 
subsection (a), assistance provided under the emergency declaration 
issued by the President on March 13, 2020, pursuant to section 501(b) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5191(b)), and under any subsequent major disaster 
declaration under section 401 of such Act (42 U.S.C. 5170) that 
supersedes such emergency declaration, shall be at a 100 percent 
Federal cost share.
    (c) Applicability.--This section shall apply to funds appropriated 
on or after the date of enactment of this Act.

SEC. 3. CLARIFICATION OF ASSISTANCE.

    (a) In General.--For the emergency declared on March 13, 2020 by 
the President under section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5191), the President may 
provide assistance for activities, costs, and purchases of States, 
Indian tribal governments, or local governments, including--
            (1) activities eligible for assistance under sections 301, 
        415, 416, and 426 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 5189d);
            (2) backfill costs for first responders and other essential 
        employees who are ill or quarantined;
            (3) increased operating costs for essential government 
        services due to such emergency, including costs for 
        implementing continuity plans, and sheltering or housing for 
        first responders, emergency managers, health providers and 
        other essential employees;
            (4) costs of providing guidance and information to the 
        public and for call centers to disseminate such guidance and 
        information, including private nonprofit organizations;
            (5) costs associated with establishing and operating 
        virtual services;
            (6) costs for establishing and operating remote test sites, 
        including comprehensive community based testing;
            (7) training provided specifically in anticipation of or in 
        response to the event on which such emergency declaration is 
        predicated;
            (8) personal protective equipment and other critical 
        supplies and services for first responders and other essential 
        employees, including individuals working in public schools, 
        courthouses, law enforcement, and public transit systems;
            (9) medical equipment, regardless of whether such equipment 
        is used for emergency or inpatient care;
            (10) public health costs, including provision and 
        distribution of medicine and medical supplies;
            (11) costs associated with maintaining alternate care 
        facilities or related facilities currently inactive but related 
        to future needs tied to the ongoing pandemic event;
            (12) costs of establishing and operating shelters and 
        providing services, including transportation, that help 
        alleviate the need of individuals for shelter; and
            (13) costs, including costs incurred by private nonprofit 
        organizations, of procuring and distributing food to 
        individuals affected by the pandemic through networks 
        established by State, local, or Tribal governments, or other 
        organizations, including restaurants and farms, and for the 
        purchase of food directly from food producers and farmers.
    (b) Application to Subsequent Major Disaster.--The activities 
described in subsection (a) may also be eligible for assistance under 
any major disaster declared by the President under section 401 of such 
Act (42 U.S.C. 5170) that supersedes the emergency declaration 
described in such subsection.
    (c) Financial Assistance for Funeral Expenses.--For any emergency 
or major disaster described in subsection (a) or (b) and subject to the 
availability of appropriations, the President shall provide financial 
assistance to an individual or household to meet disaster-related 
funeral expenses under section 408(e)(1) of such Act (42 U.S.C. 
5174(e)).
    (d) Advanced Assistance.--
    (1) In General.--In order to facilitate activities under this 
section, the President, acting through the Administrator of the Federal 
Emergency Management Agency, may provide assistance in advance to an 
eligible applicant if a failure to do so would prevent the applicant 
from carrying out such activities.
    (2) Annual Report.--The Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs a 
report on assistance provided in advance pursuant to paragraph (1).
    (3) Audit by Department of Homeland Security Inspector General.--
Not later than 1 year after the date of enactment of this Act, the 
Inspector General of the Department of Homeland Security shall conduct 
a follow-up review of assistance provided in advance pursuant to 
paragraph (1).
    (4) Review.--The audit under paragraph (2) shall include, at a 
minimum--
            (A) a review of the assumptions and methodologies used to 
        determine eligibility for advanced assistance; and
            (B) a determination of whether the advanced assistance was 
        used appropriately.
    (5) Report to Congress.--The Inspector General shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the results of the review carried out 
under this subsection.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to make ineligible any assistance that would otherwise be 
eligible under section 403, 408, or 502 of such Act (42 U.S.C. 5170b, 
5192).
    (f) State; Indian Tribal Government; Local Government Defined.--In 
this section, the terms ``State'', ``Indian tribal government'', and 
``local government'' have the meanings given such terms in section 102 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122).
    (g) Applicability.--This section shall apply to funds appropriated 
on or after the date of enactment of this Act.

SEC. 4. REPORT ON STAFFORD ACT RESPONSE CAPABILITIES.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall seek to 
enter into an agreement with the National Academy of Sciences to 
convene a committee of experts to conduct a comprehensive study on the 
use of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) to respond to an emergency which does not 
cause physical damages, such as the emergency declaration issued by the 
President on March 13, 2020, including--
            (1) how non-physical damages can be quantified;
            (2) consideration of any factors that allow for an 
        adjustment of cost shares;
            (3) recommendations to Congress on thresholds or criteria 
        to be met to trigger a future declaration; and
            (4) other items that the Administrator determines necessary 
        to increase future preparedness to such events.

SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(f)(3)(J)(iii) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 


              

5174(f)(3)(J)(iii)) is amended by striking ``2 years'' and inserting 
``3 years''.

            Passed the House of Representatives November 17, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.